Pennsylvania Wraparound Mortgage

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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

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.

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.

?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.

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.

A wraparound tends to arise when an existing mortgage cannot be paid off. With a wraparound mortgage, a lender collects a mortgage payment from the borrower to pay the original note and provide themselves with a profit margin.

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.

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.

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.

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Pennsylvania Wraparound Mortgage