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WRAP AROUND MORTGAGES
assuming of a loan is not nearly
as simple as it once was. But
with the use of a wrap around
mortgage / all inclusive deed of
trust you can still assume the
unassumable loan. You see,
until a number of years ago,
almost any loan was assumable by
almost anyone under any
circumstances. Whether formal
assumptions, "subject to"
assumptions, etc... However, due
to a number of court decisions,
this is no longer the case.
Acceleration and alienation
clauses that are, and had been
contained in most loan
documents, are now, in almost
every case, enforceable. These
clauses stipulate that if the
seller transfers any portion of
his ownership of the property to
another, unless the lender
specifically allows the loan to
be assumed by the buyer, the
entire balance of the loan
becomes immediately due and
So, what it
amounts to is that
are still assumable, but only if
the lender allows it.
The lender will allow a loan to
be assumed only if the purchaser
meets the lenders credit
criteria. In most cases, the
lender's criteria is precisely
the same as if the buyer were
applying for a new loan and to
top it off, even if the lender
allows the assumption, chances
are, they will charge a higher
interest rate than the existing
rate, plus, an exceptionally
high assumption fee; $500 to
$1,000 or more. There is really
no benefit for you or the buyer
in assuming a loan under these
circumstances. So, the question
do you get around these
acceleration and alienation
There is a
type of loan that is sometimes
"wrap around" mortgage or an
"all inclusive" deed of trust.
This loan provides an effective
way of circumventing those pesky
Although, in actual practice the
wrap around mortgage is simple
to use, the theory can be
somewhat difficult to grasp. If
after this explanation you have
any questions, call a local
escrow company or Realtor.
They will be more than happy to
explain it to your
satisfaction. Here's how it
Get all the
pertinent information on the
loan you would like to assume
i.e. payments, loan balance, due
date, interest rate, etc.
You then execute a wrap around
mortgage in favor of the seller
at exactly the same terms of the
loan that you are "wrapping"
handle the rest of the
transaction as if you had simply
assumed that unassumable loan.
company can create the wrap
around document for you or you
can get a pre-printed form that
makes it so simple, that you can
basically just fill in the
wrap around mortgage
accomplishes, is that you now
make the loan payments directly
to the seller not the existing
lender. The seller then makes
the payments to the lender. If
the lender received a payment
from you, he might be tipped off
that the property had been sold
and the loan might be called
actuality, if the lender
discovered that the property had
been sold and that you were the
if the payments had been made
in a timely manner, the chances
are small that the lender would
call the loan due.
However, it is almost certain
that the lender would increase
the interest rate and require
the assumption fee we alluded to
earlier. Consequently, you are
better off by not letting the
lender know that you now own the
result of full disclosure laws,
in some states, escrow companies
will no longer handle
transactions with wrap around
mortgages. These disclosure
laws require escrow companies to
disclose to all parties that
have any interest in any
transaction in which they are
handling the escrow, any
information that may be
pertinent to that interest.
What this means is that if your
reason for the wrap around was
to assume a loan without
informing the lender, the escrow
company would be required, by
law, to make the lender aware of
that fact. That, of course,
defeats the whole purpose of
your "wrapping" the loan.)
I'm a firm
believer that if I pose a
problem I should offer a
Here it is... The main reason
for using the title and escrow
company is to be certain that
when you buy that property, you
know without doubt that it has
no undisclosed liens, bonds, or
assessments, and to be certain
that the seller actually owns
it. Why not just go ahead and
open the escrow and have the
preliminary title report
issued? At this point there is
usually no charge, since
normally title and escrow fees
are charged only if the escrow
have the title report in your
hands. You have all the
information you need regarding
existing liens and confirmation
of legal ownership. So, what
now? Cancel the escrow.
You probably do not need title
insurance since the title report
gives you all the pertinent
title information and with a few
phone calls, you can probably
real estate agent or
who will handle the escrow
details, including the wrap and
Grant Deed for a fee less than
what the escrow would have
problem with a wrap around
mortgage or all inclusive deed
of trust, is "How do you know
that the seller is actually
making the payments, and not
just pocketing your money"? If
that were to happen, the lender
would foreclose and you would
lose your property.
The way to
avoid this is to have a bank
account set up in the seller's
name, which requires both
seller's and buyer's signatures
to withdraw funds, and
stipulates that any money
deposited into the account is
automatically paid by the bank
to the lender.
the payment to the bank, the
bank makes the payment to the
lender, you have eliminated the
above mentioned problem and
"assumed" the nonassumable loan.
There has never been a better
time to get in the Foreclosure
Market than NOW!
no down and get cash back at
close of escrow.
to assume a loan
& Seller Carry
Wrap Around Mortgages
Around in Action
no job or money
buy and get cash back
and Get Cash Back
How to Borrow
Even Closing Costs
Appearance of Wealth.