Wrap Around Mortgage Agreement Sample With Example

State:
Multi-State
Control #:
US-01438BG
Format:
Word; 
Rich Text
Instant download

Description

The Wrap Around Mortgage Agreement is a legal document that establishes a mortgage wherein the existing mortgage remains in place while a new mortgage is created that 'wraps around' the original. This agreement allows the Mortgagor to make payments that include both the existing mortgage payment and the new mortgage amount to the Mortgagee. Key features of theWrap around mortgage agreement include provisions for payment and performance, maintenance of the mortgaged property, insurance requirements, and addressing default conditions. It also identifies specific collateral, including personal property related to the real estate, and stipulates the handling of proceeds from insurance and condemnation. For attorneys, partners, owners, associates, paralegals, and legal assistants, this form serves as a comprehensive guide to structuring financing beyond conventional mortgages, facilitating smoother transactions between parties while reducing legal risk. Users should pay attention to filling out sections such as the identification of parties, securing collateral, and compliance with state laws. Examples of use include scenarios involving property sales where the buyer can finance through a wrap around mortgage to potentially minimize upfront costs while benefiting from favorable interest terms.
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FAQ

Both parties will sign a promissory note that includes the terms of the mortgage. The seller keeps the existing mortgage on the home and either transfers the title to the buyer right away or once the loan is repaid. The buyer sends the seller their monthly payment, and the seller then pays the original lender.

Benefits for sellers Along with any appreciation in the home price, sellers get to pocket the difference between their remaining mortgage balance and the wraparound mortgage. They also profit from the difference in their loan's interest rate and the higher one the buyer is paying.

Under a wrap, a seller accepts a secured promissory note from the buyer for the amount due on the underlying mortgage plus an amount up to the remaining purchase money balance. The new purchaser makes monthly payments to the seller, who is then responsible for making the payments to the underlying mortgagee(s).

After a wrap transaction, there are two separate and independent sets of payment obligations. The buyer becomes obligated to the seller on the new wrapped note, which is secured by a mortgage wrap deed of trust; and the seller remains obligated on the first-lien/wrapped note until it is paid and released.

In a wraparound mortgage situation, the buyer gets their mortgage from the seller, who wraps it into their existing mortgage on the home. The buyer becomes the owner of the home and makes their mortgage payment, with interest, to the seller.

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Wrap Around Mortgage Agreement Sample With Example