Resident Alien with a social secutiry number in Oklahoma trying to purchase a home by getting a mortgage loan.

Question

My finace is legal here in the United States from Mexico. He has a resident alien card as well as a valid social security number. We are trying to get a martgage loan on a home, but I was told by one company that since he was not a US Citizen and that since we live in Oklahoma, we can not get a home loan because people who reside in Oklahoma who are not US Citizens (although they are perfectly legal and have a valid social security card in this country) can not own any land in this state. Does any one have any help or information that they could provide me on this situation? It would be greatly appreciated.
(additional information: He works 2 job, but I do not work at all, just a SAHM..therefore I have not established much credit (only one account), so we can not put the loan just on my name.)

I was thinking the exact same thing about discrimination, but I am not sure. I am looking right now trying to find laws and regulations in Oklahoma about owning land , but so far, I have not found ANYTHING about not being about to own land in Oklahoma if you aren't a US citizen.
and..we the mortgage company that told me this was quickenloans, I may try and contact someone else who works for them. Not sure yet what to do..if you have any advice, I need it! Thanks for your reply to my question! I appreciate it!

Answer 1

I am in banking and I have never heard of a permanent resident not qualifying for a loan based on the grounds he/she is not a naturalized citizen. In fact, it sounds like that may go agst the federal lending laws like RESPA, Fair Housing Act etc......Typically federal law supercedes state legislation where there is an inconsistency.....very strange!!!

Answer 2

That's not quite true.

He may be able to incorporate and acquire title that way. Or he could be considered a resident of the state.

Go see a good real estate attorney in OK who can advise you on how to handle this.

It's not "discrimination". Certain privileges are reserved for residents or citizens of a particular state, county, town, country, etc. Citizens have certain rights that others may or may not have.

OK isn't the only state that has land ownership restrictions. About 30 states have restrictions ... and as far as crying discrimination to the government, the US government has more restrictions of these types than all the states combined. Just read this article for a list of regulations and restrictions regarding foreign investment:

http://www.thelenreid.com/index.cfm?section=articles&function=ViewArticle&articleID=1533

Here's the OK law that deals with this:

Laws 1971, c. 139, § 4, eff. Oct. 1, 1971.

§60121. Alien may not hold land Ownership of personalty.

No alien or any person who is not a citizen of the United States shall acquire title to or own land in the State of Oklahoma, except as hereinafter provided, but he shall have and enjoy in the State of Oklahoma such rights as to personal property as are, or shall be accorded a citizen of the United States under the laws of the nation to which such alien belongs, or by the treaties of such nation with the United States, except as the same may be affected by the provisions of this act or the Constitution of this state.

And this is from the Oklahoma State Constitution:

Section XXII-1: Aliens - Ownership of land prohibited - Disposal of lands acquired.
No alien or person who is not a citizen of the United States, shall acquire title to or own land in this state, and the Legislature shall enact laws whereby all persons not citizens of the United States, and their heirs, who may hereafter acquire real estate in this state by devise, descent, or otherwise, shall dispose of the same within five years upon condition of escheat or forfeiture to the State: Provided, This shall not apply to Indians born within the United States, nor to aliens or persons not citizens of the United States who may become bona fide residents of this State: And Provided Further, That this section shall not apply to lands now owned by aliens in this State.

Answer 3

I have no idea what your state laws are however, I resided here (USA) on a permanent resident alien green card. I have purchased and sold may houses since I have been here. Personally I think your mortgage company is full of it and it sure sounds like discrimination to me.