South Carolina Wraparound Mortgage

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Control #:
US-01438BG
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Description

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.

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FAQ

1 Depending on the wording in the loan documents, the title may immediately transfer to the new owner or it may remain with the seller until the satisfaction of the loan. Since the wraparound is a junior mortgage, any superior, or senior, claims will have priority.

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).

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.

A wraparound mortgage (also called a mortgage wrap) is a special form of seller financing. It provides property sellers and buyers with an alternative to the traditional property sale.

?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.

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.

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.

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South Carolina Wraparound Mortgage