Does living outside Florida change who can make me a loan?

The federal SAFE Act says an individual may not engage in the business of a loan originator without first obtaining either a registration as a registered loan originator or a license and registration as a state-licensed loan originator [2]. Its stated goals include uniformity, consumer protection and fraud reduction through a nationwide licensing system and registry [1].

Florida's chapter 494 makes it unlawful to act as a loan originator, or as a mortgage broker, "in this state" without a current, active license from the Florida Office of Financial Regulation [3]. The prohibition is addressed to the people doing the originating, not to the borrower.

The text we read does not say in so many words that the license requirement is triggered by the property's location, and it does not make the borrower's home address a condition. Whether a particular arrangement needs a Florida license is a legal question, and we do not answer it for other companies. We describe only Florida and federal text; other states' rules are not addressed here, and this is not legal advice. You can ask any lender or broker about their license.

What does a Florida mortgage cover, and what does it not?

Chapter 494 defines a "mortgage loan" to include a residential loan made primarily for personal, family or household use that is secured by a mortgage, deed of trust or equivalent security interest on a dwelling [4]. That definition does not turn on where the borrower lives.

If you are buying through an entity or as an investment rather than as a home to live in, tell us when you contact us, because that can change both the loan type and how the statute applies.

What actually changes if I live outside Florida?

The loan programs available to you can differ. Some programs require every borrower to have a Social Security number. FHA, for example, requires each borrower to provide evidence of a valid SSN, with narrow exceptions [5], while Fannie Mae requires a valid SSN or an ITIN, in addition to meeting its existing legal residency and documentation requirements [6]. Fannie Mae's section on non-U.S. citizen borrowers says the lender represents and warrants that a non-U.S. citizen borrower is legally present in the United States [7].

HUD's handbook also ties FHA to a principal residence [5], which is one reason a second home or rental purchase by an out-of-state buyer points to other loan types. Our get-started questions ask where you live, how you will use the home, and your SSN status first, because those answers decide which programs we look at.

Do you have guidance for where I am buying from?

If we have a page for the country or region you are moving funds and paperwork from, it is listed below. Each one covers that origin's specifics; this page covers what is common to all out-of-state and overseas buyers.

Frequently asked questions

Do I need a Florida address to get a mortgage on Florida property?

Chapter 494's licensing prohibition is written about acting as a loan originator or mortgage broker in this state [3], and the definition of a residential mortgage loan does not mention where the borrower lives [4]. Program rules, such as SSN requirements, can differ by program [5][6]. We describe only Florida and federal text; this is not legal advice.

Sources: Fla. Stat. 494.0025, Prohibited practices; Fla. Stat. 494.001, Definitions; Handbook 4000.1, FHA Single Family Housing Policy Handbook; B2-2-01, General Borrower Eligibility Requirements

What does the SAFE Act require?

An individual may not engage in the business of a loan originator without first obtaining a registration as a registered loan originator or a license and registration as a state-licensed loan originator [2].

Sources: 12 U.S.C. 5103, Loan originator licensing and registration requirement

What does Florida require of loan originators and mortgage brokers?

Florida Statutes section 494.0025 makes it unlawful to act as a loan originator or as a mortgage broker in this state without a current, active license issued by the Office of Financial Regulation [3].

Sources: Fla. Stat. 494.0025, Prohibited practices

Does FHA require a Social Security number from out-of-state buyers?

HUD's handbook says each borrower must provide evidence of a valid Social Security number, with narrow exceptions for people employed by organizations such as the World Bank or a foreign embassy [5].

Sources: Handbook 4000.1, FHA Single Family Housing Policy Handbook

Does Fannie Mae accept an ITIN?

Fannie Mae's Selling Guide (revised September 3, 2025) says each borrower must have a valid Social Security number or ITIN, in addition to meeting existing legal residency and documentation requirements [6]. Under B2-2-02, the lender represents and warrants that a non-U.S. citizen borrower is legally present [7]. Lenders can add their own requirements.

Sources: B2-2-01, General Borrower Eligibility Requirements; B2-2-02, Non-U.S. Citizen Borrower Eligibility Requirements

Sources

  1. 12 U.S.C. 5101, Purpose (SAFE Mortgage Licensing Act). U.S. Code. Accessed .
  2. 12 U.S.C. 5103, Loan originator licensing and registration requirement. U.S. Code. Subsection (a). Accessed .
  3. Fla. Stat. 494.0025, Prohibited practices. The Florida Senate, Florida Statutes. Subsections (1) and (2) (2025 statutes edition read). Accessed .
  4. Fla. Stat. 494.001, Definitions. The Florida Senate, Florida Statutes. Definition of "mortgage loan" (2024 statutes edition read). Accessed .
  5. Handbook 4000.1, FHA Single Family Housing Policy Handbook. U.S. Department of Housing and Urban Development (HUD). Update 18 (transmittal issued August 12, 2026; pages marked Last Revised 8/12/2026). Part II.A.1.b.ii(A), Social Security Number (p. 151); Part II.A.1.b.iii(A), Principal Residence (p. 159). Accessed .
  6. B2-2-01, General Borrower Eligibility Requirements. Fannie Mae Selling Guide. Revision date read: September 3, 2025; text on valid Social Security number or ITIN and existing legal residency and documentation requirements. Accessed .
  7. B2-2-02, Non-U.S. Citizen Borrower Eligibility Requirements. Fannie Mae Selling Guide. Section dated 07/28/2015. Accessed .