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.

Video Summary

When do you need a title search in a real estate transaction? You usually need a title search anytime that you transfer the property or sell the property to a third party. They’re going to want to know whether or not there are any liens against the property. Many people say, “Well, I know there are no liens on it.” However, usually your word is insufficient, so they want a title search or title insurance to ensure that they have marketable title to the property and to insure them against any hidden liens or other problems that were in the chain of title prior to the present owner selling the property. Also, title searches are needed whenever you mortgage the property in that the new lender is going to want to have title insurance to ensure that there are no outstanding liens and who the owner of the property is.

Title searches are conducted in order to have title insurance issued. That’s something that the attorney or the title company reviews. They are now computerized. You can do what they call an ownership and encumbrance search fairly inexpensively if you just want to check to see if there has been any change in the ownership. However, you don’t have any assurances if it’s not accurate; if liens do come up you don’t have any insurance against it. Anytime that the property changes hands, it’s a good idea to get a title search just to make sure that the proper properties were signing the deeds and that there are no mortgages on the property or liens that either the seller or the buyer didn’t know about.

If you transfer in some property and want some title insurance or get a title search, give me a call at (727) 847-2288. Thank you.