A wrap-around agreement is a type of secondary mortgage financing and involves the buyer paying the seller directly for a residential property — often at a higher interest rate than the original mortgage. The seller retains the mortgage on the home, wrapping the buyer’s loan into the existing mortgage. The seller assumes the role of lender while continuing to make payments on the original mortgage.

In this arrangement, the originating lending institution can still foreclose on a property if the seller fails to maintain the mortgage. To protect the purchaser of the wrap-around mortgage, Texas Senate HB 43:

provides for wrap payments to be held in a constructive trust by the seller for the benefit of the buyer
establishes that anyone collecting or receiving a payment from a wrap borrower in connection to a wrap mortgage owes a fiduciary duty to the borrower for the payments
discloses the nature and risks of wrap transactions to buyers and offer consumers the right to rescind transaction/agreement when disclosures are not made timely
defines “wrap mortgage loans” as a residential mortgage loan:
- made to finance the purchase of residential real estate that will continue to be subject to an unreleased lien that attached to the property before the loan was made
- secures debt incurred by a person other than the wrap borrower that was not paid off at the time the loan was made
- obligates the wrap borrower to the wrap lender for payment of debt, the principal amount of which includes the outstanding balance of the debt and any remaining amount of the purchase price financed by the wrap lender
clarifies that a wrap mortgage loan may only be closed by an attorney or title company
prevents “house flippers” from registering as financial service providers
prohibits a person from making wrap mortgage loans unless the person is licensed or registered to originate or make residential mortgage loans

New Wraparound laws for Texas

What’s a Wrap-Around Mortgage Loan?

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