A wraparound mortgage is a junior encumbrance that is ordinarily made when property will support additional financing, and the mortgagor does not want to prepay a favorable existing mortgage obligation but needs additional cash, or where the existing obligation precludes prepayment or contains an excessive prepayment penalty. In such an instrument, the wraparound beneficiary charges interest on the entire amount of the wraparound loan and agrees to make the principal and interest payments on the existing prior encumbrance as it collects principal and interest payments from the mortgagor.
Georgia Wraparound Mortgage
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US-01438BG
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FAQ
A wraparound mortgage is a unique form of seller financing in which the seller keeps their mortgage and extends a loan to the buyer. The buyer pays the seller each month and the seller uses that money to pay their own mortgage. For this to be a (legal) option, the seller must have an assumable mortgage.
If the seller still has an existing mortgage, especially one that's still relatively high, the original lender must agree to this secondary loan. Most lenders require the loan to be paid in full once the home is sold and changes ownership. This would prevent the wraparound mortgage from even happening.
Wraparound mortgages are not common, and this is mostly because the original lender has to sign off on this secondary form of financing. If the lender requires that the original loan is paid off before the seller is eligible to sell the home, then a secondary or junior mortgage may not be feasible.
Are Wraparound Mortgages Legal? Wraparound mortgages are generally considered to be legal. However, they are less commonly used in the real estate market due to several factors. One of these considerable factors is the increased inclusion of ?due on sale? clauses in many mortgage agreements.
Georgia Mortgages Explained In the State of Georgia, the instrument used to secure a debt on property is called a "Deed to Secure Debt" or "Security Deed." Under Georgia law, the lender is deeded the property, but in a lesser form of a deed that becomes activated if the borrower defaults in some way.
?If the seller doesn't pay the existing mortgage, the original lender can still foreclose on the house,? says Massieh. This means that even in cases where the buyer upholds their end of the arrangement, making payments on time, the deal could backfire.
Many mortgage loans have a due-on-sale clause. The clause requires the seller to pay off whatever they owe on their mortgage loan when their home is sold. You can't offer a wraparound mortgage if your loan has a due-on-sale clause.
