In this podcast episode, partner Holly Bunting discusses the evolving regulatory landscape for home equity investment (HEI) contracts, which have gained popularity as an alternative to traditional home equity lines of credit amid rising interest rates. HEI contracts are typically structured as real estate option contracts, where providers make an upfront payment to homeowners in exchange for a future percentage interest in the property. The episode highlights favorable case law supporting the classification of HEI contracts as non-loan options, but also notes ongoing scrutiny and legislative actions at the state level, with some states already treating these contracts as mortgage loans.
