What is a Wraparound Mortage?

 

Video Summary

What is a wraparound mortgage?  Wraparound mortgage is usually associated with what you call creative financing wherein an owner finances the property.  When they finance the property they have an existing mortgage and they agree to accept a larger mortgage from the buyer.  The buyer pays a larger mortgage to the seller.  The seller then, in turn, continues to make their payment out of the first mortgage.  An example of this would be: let’s say a seller owes $50,000.00 on this property and he sells his property to a buyer for $100,000.00.  The buyer only has $20,000.00 to put down, but the seller agrees to hold an $80,000.00 mortgage and that would be a wraparound mortgage since they would be making the payments or collecting the payments on $80,000.00.  They in turn would be responsible – the seller would be responsible for paying the underlying first mortgage in that they would not satisfy their first mortgage.

There are problems that can be associated with this in that the buyer may be concerned that the seller may take his payments and not pay his first mortgage, so we have to use care in assuring the buyer that the seller pays their payments so that they don’t get foreclosed upon.  Also, almost with all institutional mortgages there’s what they call “due on sale clause” meaning that whenever the property is sold or transferred then the loan can become due with payable.  With as many defaults of mortgages these days, there’s usually not too many lenders that are hauling along due with payable, but it does get complicated when dealing with the insurance and how the loan – the taxes – come out in the new buyer’s name.

The wraparound mortgage is a little complicated.  It’s a way of doing creative financing.  There certainly needs to be some guidance from a good real estate lawyer if you’re going to consider either taking back any wraparound mortgage, or if you’re a buyer and you want to give the seller a mortgage and they’re not going to pay off their underlying first mortgage.

So if you have any questions about a wraparound mortgage, give me a call at (727) 847-2288.

What Does PITI Mean?

 

Video Summary

What is P.I.T.I.?  That’s a term that is used when getting a mortgage through an institutional lender.  It stands for Principal, Interest, Taxes, and Insurance, and relates to what your monthly mortgage payment will include, which will be a portion of the principal, the interest, a portion of the taxes, and a portion of the insurance.  How they calculate that is, of course, amortized which means they spread out your payments over a certain period of years in order to come up with that dollar amount.  They divide the amount of your insurance by 12 and come up with a monthly amount, and do the same thing with your taxes to come up with your monthly payments in order to come up to your total monthly payments which will include PITI – which is Principal, Interest, Taxes, and Insurance.

If you have any questions about your mortgage, give me a call at (727) 847-2288.

 

Video Summary

What’s a purchase money mortgage?  A purchase money mortgage is usually associated with what they call seller financing – that’s whenever a seller is going to finance the property for the buyer.  An example would be if they sold the property for $100,000.00 and they took $20,000.00 down and took back an $80,000.00 mortgage so that the buyer would pay directly to the seller the $80,000.00 promissory note mortgage.  Well, that would be a purchase money mortgage.  A purchase money mortgage could also be considered by a lender who furnishes the money for the purchase of the property, and therein lies the name “purchase money” in that the money that is used from the lender is used to purchase the property.

What is the significance of a purchase money mortgage versus a different type of mortgage that you could have as far as acquiring the property?  Well, that has a higher priority so that if there were any other liens and placements – say a judgment lien against the purchaser of the property – a purchase money mortgage, even though it’s reported after the judgment is against the purchaser of the property, would still take priority in the event that you would ever have to enforce the mortgage through a foreclosure action.  So purchase money mortgage is received by a lender in the form of a mortgage whenever they supply the money for the purchase of property, and therein lies the name “purchase money mortgage.”

If you are looking to sell your property and would like to have a note and mortgage prepared, let me know and give me a call at (727) 847-2288.  Thank you.

 

Video Summary

Should I have a revocable trust?  Well, many people contact me and ask about having a revocable trust prepared, and I always ask them, “Why do you want a trust?”  And the usual answer is, “Well, we wish to avoid probate.”  If you have a functional family wherein you’re still on your first marriage and you want your inheritance to simply go to your children, then I don’t usually recommend a revocable trust for the purposes of avoiding probate, since if you hold property as husband and wife then you avoid probate when the first person passes away.  If you’re by yourself, however, then you may want to consider drafting a revocable trust.

There are also other circumstances such as second marriages or if you have a child that has special needs that you need to set up a trust for.  Also, if you have a child that has a spending problem, cannot manage money, we can set up a trust to protect whatever inheritance you leave behind.  Also, something that we’re seeing more and more is grandparents want to provide for their grandchildren. Possibly their children already have enough money or they want to take care of their grandchildren, since they don’t know whether their children will be able to take care of the education of their grandchildren.  So there are any number of reasons to set up a revocable trust.

Whether you need a trust or not, or whether you should set one up depends upon your circumstances.  So if you’d like to come in and talk about setting up a revocable trust, give me a call at 727-847-2288.  Thank you.

 

Video Summary

What is a tax-deferred exchange?  A tax-deferred exchange is also called a 1031 tax-deferred exchange, and 1031 is a section of the Internal Revenue Service that identifies investment property. The exchange aspect of it is if you exchange one piece of property of equal or greater value than the value of the property that you have, you don’t have to recognize any gain.  You cannot accept any boot, and the amount of the liens or encumbrances on the property have to be equal or you have to have less equity in your property than the property that you’re acquiring as well as the purchase price being higher.

Now, the Internal Revenue Service has promulgated various regulations and rules as to how you can sell your property, and if you deposit the money with what they call an intermediary, you can then have a certain time period to select the property and you can select up to three properties and close on them within a six-month period.  There are also other provisions as far as you can select as many as ten properties, but there are specific rules that you must follow in order to take advantage of a tax-deferred exchange.

If you have any questions about handling a 1031 tax-deferred exchange, give me a call at 727-847-2288.  I’ll be happy to assist you.  Thank you.