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.
Texas Wraparound Mortgage
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US-01438BG
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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.
Wrap-Around Mortgage Texas Buyers do this by making monthly payments on the wrap note and the seller makes payments to the first-lien lender. Since the monthly payments made by the buyer exceed the amount of monthly payments the seller makes to the first-lien lender, the seller makes a profit.
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.
It provides property sellers and buyers with an alternative to the traditional property sale. These mortgages are a legal form of seller financing in Texas and are often favored in situations where a buyer may not be able to obtain a favorable form of traditional financing from a bank or other lending institution.
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.
?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.
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.
