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‘trust remains the coin of the realm’
here are all the media organizations that actively colluded with the hillary clinton campaign
sell a house faster for full price
buy a house without a new loan
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multiple media outlets
cnn
update
new york times
cnbc/new york times
washington post
abc
cbs
univision
boston globe
los angeles times
politico
seller’s wraparound bundle – $97
agreement for purchase and sale of real estate
not
notice of conveyance encumbered by lien
you must deliver the notice to the buyer and the lender at least 7 days before the effective date of your agreement
authorization to release loan information
special warranty deed with vendor’s lien
note secured by wraparound mortgage
deed of trust to secure assumption
your 
either
or
closing agreement and due-on-sale acknowledgment
must be signed and initialed by both the seller and the buyer
not being paid off at closing
“due-on-sale” clause
the lender could foreclose on the property
and
bill of sale and assignment
permanently
seller’s wraparound bundle – $97
buyer’s wraparound bundle – $97
agreement for purchase and sale of real estate – buyer-friendly
not
notice of conveyance encumbered by lien
authorization to release loan information
limited power of attorney for real estate
(general) warranty deed
note secured by wraparound mortgage
deed of trust (wraparound mortgage)
closing agreement and due-on-sale acknowledgment
limited power of attorney for real estate
bill of sale and assignment
buyer’s wraparound bundle – $97
b
i
em multiple media outlets
cnn
update
new york times
cnbc/new york times
washington post
abc
cbs
univision
boston globe
los angeles times
politico
seller’s wraparound bundle – $97
agreement for purchase and sale of real estate
not
notice of conveyance encumbered by lien
you must deliver the notice to the buyer and the lender at least 7 days before the effective date of your agreement
authorization to release loan information
special warranty deed with vendor’s lien
note secured by wraparound mortgage
deed of trust to secure assumption
your 
either
or
closing agreement and due-on-sale acknowledgment
must be signed and initialed by both the seller and the buyer
not being paid off at closing
“due-on-sale” clause
the lender could foreclose on the property
and
bill of sale and assignment
permanently
seller’s wraparound bundle – $97
buyer’s wraparound bundle – $97
agreement for purchase and sale of real estate – buyer-friendly
not
notice of conveyance encumbered by lien
authorization to release loan information
limited power of attorney for real estate
(general) warranty deed
note secured by wraparound mortgage
deed of trust (wraparound mortgage)
closing agreement and due-on-sale acknowledgment
limited power of attorney for real estate
bill of sale and assignment
buyer’s wraparound bundle – $97
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‘trust remains the coin of the realm’ http://drewshirley.com/trust-remains-the-coin-of-the-realm/
http://drewshirley.com/trust-remains-the-coin-of-the-realm/
drew http://drewshirley.com/author/drew/
articles http://drewshirley.com/category/articles/
here are all the media organizations that actively colluded with the hillary clinton campaign http://drewshirley.com/here-are-all-the-media-organizations-that-actively-colluded-with-the-hillary-clinton-campaign/
http://drewshirley.com/here-are-all-the-media-organizations-that-actively-colluded-with-the-hillary-clinton-campaign/
drew http://drewshirley.com/author/drew/
new york times ethical journalism handbook http://www.nytco.com/wp-content/uploads/nyt_ethical_journalism_0904-1.pdf
wikileaks https://twitter.com/wikileaks
the clinton campaign hosted an “off-the-record” dinner with key members of the national media https://wikileaks.org/podesta-emails/emailid/5953
email https://wikileaks.org/podesta-emails/emailid/5205
roland martin introduced a question for ms. clinton about the death penalty http://www.youtube.com/watch?v=o3lubh0-nee&t=63m25s
in a statement, ms. brazile said https://www.washingtonpost.com/blogs/erik-wemple/wp/2016/10/11/then-cnn-contributor-donna-brazile-to-clinton-camp-sometimes-i-get-the-questions-in-advance/?utm_term=.30b7e34a4332
email https://wikileaks.org/podesta-emails/emailid/38478
the question was asked http://www.usatoday.com/story/news/politics/onpolitics/2016/10/31/donna-brazile-clinton-cnn-debate-wikileaks/93058560//
cnn cut all ties with brazile http://money.cnn.com/2016/10/31/media/donna-brazile-cnn-resignation/index.html
“completely uncomfortable” http://www.washingtonexaminer.com/article/2606062/
jonathan martin and maggie haberman of the new york times https://wikileaks.org/podesta-emails/emailid/9416
as some have asserted http://www.snopes.com/2016/10/14/new-york-times-warns-clinton-campaign/
emails https://wikileaks.org/podesta-emails/emailid/4213
email https://wikileaks.org/podesta-emails/emailid/5298
wrote a letter to the new york times https://www.hillaryclinton.com/briefing/updates/2015/07/30/letter-to-nyt/
email https://wikileaks.org/podesta-emails/emailid/2365
email https://wikileaks.org/podesta-emails/emailid/2831
emailed https://wikileaks.org/podesta-emails/emailid/3180
email https://wikileaks.org/podesta-emails/emailid/4303
emails https://wikileaks.org/podesta-emails/emailid/5315
george stephanopoulos interviewed peter schweizer https://www.youtube.com/watch?v=8hc6eswrf8c
email https://wikileaks.org/podesta-emails/emailid/467
added https://wikileaks.org/podesta-emails/emailid/1986
stephanopoulos apologized http://www.nytimes.com/politics/first-draft/2015/05/15/george-stephanopoulos-apologizes-to-viewers-on-clinton-donations/
emails obtained by the wall street journal http://www.wsj.com/articles/white-house-coordinated-on-clinton-email-issues-new-documents-show-1475798310?mod=e2tw
he was not asked about clinton’s email server http://www.cbsnews.com/news/face-the-nation-transcripts-march-15-2015-kerry-cotton-manchin/
who has donated $10 million to a clinton super-pac http://www.bloomberg.com/news/features/2016-10-13/-10-million-says-hillary-wins
email https://wikileaks.com/podesta-emails/emailid/7536
email https://wikileaks.org/podesta-emails/emailid/4180#efmajhale
emailed other clinton staffers https://www.wikileaks.com/podesta-emails/emailid/11389
email https://wikileaks.org/podesta-emails/emailid/7524#efma14a2ia3aa36a9fa-ka-6baicwpcx4
email https://wikileaks.org/dnc-emails/emailid/10808
resigned from the dnc in august 2016 https://www.washingtonpost.com/news/post-politics/wp/2016/08/02/democratic-national-committee-ceo-amy-dacey-resigns-in-wake-of-email-breach/
how to undermine democratic challenger bernie sanders http://www.nytimes.com/2016/07/23/us/politics/dnc-emails-sanders-clinton.html
articles http://drewshirley.com/category/articles/
sell a house faster for full price http://drewshirley.com/sell-a-house-faster-for-full-price/
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buy a house without a new loan http://drewshirley.com/buy-a-house-without-a-new-loan/
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the wraparound mortgage explained http://drewshirley.com/the-wraparound-mortgage-explained/
a lawyer's guide to the trec form http://drewshirley.com/a-lawyers-guide-to-the-trec-form/
selling owner financed in texas? be careful http://drewshirley.com/selling-owner-financed-in-texas-be-careful/
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skip to content drew shirley texas creative real estate attorney | houston wraparound mortgage menu home about articles forms and contracts contact search for: articles ‘trust remains the coin of the realm’ posted on october 29, 2016 by drew trust remains the coin of the realm in politics. a president who is trusted by the people, by the congress, by the press, by foreign countries, is a president who can get a lot of good things done. you break that trust, you violate that trust, everything else tumbles around you. — david gergen, white house advisor to four presidents articles here are all the media organizations that actively colluded with the hillary clinton campaign posted on october 16, 2016 by drew section 62 of the new york times ethical journalism handbook for the news and editorial department provides: journalists have no place on the playing fields of politics. staff members are entitled to vote, but they must do nothing that might raise questions about their professional neutrality or that of the times. in particular, they may not campaign for, demonstrate for, or endorse candidates, ballot causes or efforts to enact legislation. wikileaks has leaked thousands of emails to and from john podesta, who was president bill clinton’s chief of staff, who was a counselor to president obama, and who is now the chairman of hillary clinton’s 2016 presidential campaign. the leaked emails show that many of the nation’s largest and most powerful media organizations were not merely biased in favor of ms. clinton, but actively conspired with and colluded with the clinton campaign to assist and influence her bid for the presidency. here is an ever-growing list of media members who have colluded with team clinton: multiple media outlets: on april 10, 2015, the clinton campaign hosted an “off-the-record” dinner with key members of the national media. one of the stated goals of the dinner was “framing the hrc message and framing the race.” the guest list included the following media members: cecelia vega, david muir, diane sawyer, george stephanopolous, and jon karl of abc; john heilman and mark halperin of bloomberg; norah o’donnell and vicki gordon of cbs; brianna keilar, david chalian, gloria borger, jeff zeleny, john berman, kate bouldan, mark preston, and sam feist of cnn; jackie kucinich of the daily beast; mike feldman of gpg; whitney snyder of the huffington post; betsy fisher martin of more; alex wagner, beth fouhy, phil griffin, rachel maddow, and rachel racusen of msnbc; ryan liza of the new yorker; amy chozik, gail collins, jonathan martin, maggie haberman, and pat healey of the new york times; sandra sobieraj westfall of people, glenn thrush and mike allen of politico, alyssa mastramonoco of vice, and jon allen of vox. cnn: on march 12, 2016, donna brazile, who was then the vice chair of the democratic national committee and a cnn contributor, emailed jennifer palmieri, the director of communications for the hillary clinton presidential campaign. the email’s subject line was, “from time to time i get the questions in advance.” the text of the email was: “here’s one that worries me about hrc. death penalty 19 states and the district of columbia have banned the death penalty. 31 states, including ohio, still have the death penalty. according to the national coalition to abolish the death penalty, since 1973, 156 people have been on death row and later set free. since 1976, 1,414 people have been executed in the u.s. that’s 11% of americans who were sentenced to die, but later exonerated and freed. should ohio and the 30 other states join the current list and abolish the death penalty?” at the democratic town hall debate on march 13, 2016, one day after brazile’s email, host roland martin introduced a question for ms. clinton about the death penalty. martin said, “secretary clinton, since 1976, we have executed 1,414 people in this country. since 1973, 156 who were convicted have been exonerated from the death row. this gentleman here is one of them. this is ricky jackson, wrongfully convicted of murder in 1975, he spent 39 years in prison. he is undecided. ricky, what is your question?” mr. jackson then said, “as stated, i did spend 39 years of my life in prison for a crime of murder i did not commit, and it was only through heroic efforts of the ohio innocence project at the university of cincinnati that i was ultimately exonerated and am able to stand before you today. i came perilously close to my own execution, and in light of that, what i have just shared with you and in light of the fact that there are documented cases of innocent people who have been executed in our country, i would like to know how can you still take your stance on the death penalty in light of what we know right now.” in a statement, ms. brazile said, “as a longtime political activist with deep ties to our party, i supported all of our candidates for president. i often shared my thoughts with each and every campaign, and any suggestions that indicate otherwise are simply untrue. as it pertains to the cnn debates, i never had access to questions and would never have shared them with the candidates if i did.” in a separate statement, cnn vice president of communications barbara levin said, “to be perfectly clear, we have never, ever given a town hall question to anyone beforehand.” update: on october 31, 2016, wikileaks released an email dated march 5, 2016, from donna brazile to john podesta and jennifer palmieri. the email alerted the clinton campaign about a question that would be asked in the democratic presidential town hall on march 6, and, in fact, the question was asked, which means hillary clinton was knowingly cheating in at least two presidential debates. after the wikileaks release, cnn cut all ties with brazile, saying it was “completely uncomfortable” with brazile’s actions. finally, an egregious breach of journalistic ethics made a national media organization uncomfortable. new york times: on february 17, 2015, hillary clinton press secretary nick merrill emailed others in the clinton campaign to tell them that jonathan martin and maggie haberman of the new york times had alerted him about an upcoming story they were writing concerning a meeting between ms. clinton and elizabeth warren. there is no mention in this email, as some have asserted, of a “request for comment” or other standard journalistic practice. on july 7, 2015, mark leibovich, the chief national correspondent for the new york times magazine, and jennifer palmieri, the communications director for the clinton campaign, exchanged emails about an upcoming profile of clinton by leibovich. in the emails, leibovich sent palmieri several portions of the transcript of his interview with ms. clinton, saying he “would love the option to use” all of the exchanges, but that palmieri “could veto what you didn’t want.” palmieri told leibovich to include an anecdote about ms. clinton eating moose stew but to remove a reference to former republican vice-presidential candidate sarah palin. palmieri then further instructed leibovich on which specific passages to use and which to leave out: “from last two questions, fine to use everything from the paragraph starting ‘and to get serious for just a minute…’ till the end of the interview as on the record – with the exception of this passage which i ask you leave out: ‘and gay rights has moved much faster than women’s rights or civil rights, which is an interesting phenomenon somebody in the future will unpack.'” palmieri concluded one email by telling leibovich, “pleasure doing business!” cnbc/new york times: on may 8, 2015, john harwood of cnbc and the new york times emailed jennifer palmieri, director of communications for hillary clinton’s presidential campaign. the email, titled, “watch out,” said, “ben carson could give you real trouble in a general.” on july 31, 2015, three days after palmieri wrote a letter to the new york times criticizing their coverage of clinton’s email scandal, harwood sent a blank email titled “good letter.” to podesta. on september 4, 2015, harwood sent another email to podesta, saying, “she looked so much more comfortable talking to andrea today than to brianna a few weeks ago,” referring to andrea mitchell of nbc and brianna keilar of cnn. on november 24, 2015, harwood emailed podesta again, asking, “don’t you think it’s time… for hrc to talk economy with me?” and then saying, “with me, it will be the kind of substantive, deep, textured conversation about the economy she wants.” then, on december 8, 2015, after acting as one of the moderators of the third republican primary debate on october 28, harwood emailed john podesta again. the email said, “i imagine… that obama feels some (sad) vindication at this demonstration of his years-long point about the opposition party veering off the rails. i certainly am feeling that way with respect to how i questioned trump at our debate.” washington post: on march 20-22, 2015, juliet eilperin, the washington post’s white house bureau chief, emailed several people about an upcoming article about the white house ethics policy that would mention john podesta. in the emails, eilperin repeatedly said she wanted to “make sure” podesta got a “heads up” about the article and that she didn’t want him to be “surprised” or caught “off guard” when the story ran. she also said that she had omitted information about a contract between podesta and an environmental lobbyist because “i didn’t want to mention it without getting some sort of response in advance.” abc: on april 26, 2015, abc “this week” host george stephanopoulos interviewed peter schweizer about “clinton cash,” schweizer’s highly critical book about the clinton foundation. that same day, jesse ferguson, the deputy press secretary for hillary clinton’s presidential campaign, sent an email to several of his colleagues. the email said, “great work everyone. this interview is perfect. he lands nothing and everything is refuted (mostly based on our work).” jennifer palmieri, clinton’s campaign communications director, replied to ferguson, saying, “this is amazing. a pleasure to read.” nick merrill, the clinton campaign press secretary, added, ““not to pile on, but this is therapeutic to watch. george is cool as a cucumber, doesn’t rush into it, but just destroys him slowly but surely over the course of the interview.” on may 15, stephanopoulos apologized for failing to disclose that he had donated $75,000 to the clinton foundation. cbs: emails obtained by the wall street journal suggest that the white house and the state department influenced the content of the questions asked of secretary of state john kerry on cbs’s “face the nation.” jennifer palmieri, then a white house spokesperson, emailed jennifer psaki, her counterpart at the state department, asking how kerry could avoid questions from the media about hillary clinton’s private email server. the email said, “between us on the shows … think we can get this done so he is not asked about email.” psaki replied that she was “working to crush” the story. the next day, psaki emailed palmieri, saying “good to go on killing cbs idea, and we are going to hold on any other tv options just given the swirl of crap out there.” when kerry appeared on face the nation on march 15, 2015, he was not asked about clinton’s email server. cbs communications director caitlin conant said in a statement, “no subject was off limits when this interview was arranged, as is the cbs news standard.” palmieri is now the communications director for the clinton campaign and psaki replaced her at the white house. univision: on july 3, 2015, lorella praeli, hillary clinton’s director of latino outreach, emailed robby mook, clinton’s campaign manager, about haim saban, univision’s billionaire chairman, who has donated $10 million to a clinton super-pac. the email said, “alex, who works for haim, called a few minutes ago. same message- haim thinks hrc needs to be on the forefront of this and show that she’s an integral part of the community, lift up and be proud of the contributions latinos make. i shared what she has said and reminded him that all of this happened in the wake of charleston. he asked to call him and share our plan and get input from them. let me know how you feel about that.” boston globe: on july 26, 2015, marjorie pritchard of the boston globe emailed john podesta to inquire about the status of an editorial to be published in the globe. the email said, “it would be good to get it in on tuesday, when she is in new hampshire. that would give her big presence on tuesday with the piece and on wednesday with the news story.” los angeles times: on january 22, 2016, jesse ferguson, hillary clinton’s deputy press secretary, emailed other clinton staffers: “la times (memoli and parsons) are doing a piece at how the wh is dealing with the primary, given how it is taken a more competitive turn. they will likely file tomorrow (saturday) or sunday for monday papers. we don’t need to provide anything more here but if there is anything we want to push into it, we can.” politico: on january 13, 2015, nick merrill, hillary clinton’s press secretary, sent an email to cheryl mills, clinton’s chief of staff, robby mook, clinton’s campaign manager, and others. in the email, merrill said, “we are all in agreement that the time is right place a story with a friendly journalist in the coming days that positions us a little more transparently while achieving the above goals. who: for something like this, especially in the absence of us teasing things out to others, we feel that it’s important to go with what is safe and what has worked in the past, and to a publication that will reach industry people for recruitment purposes. we have has a very good relationship with maggie haberman of politico over the last year. we have had her tee up stories for us before and have never been disappointed. while we should have a larger conversation in the near future about a broader strategy for reengaging the beat press that covers hrc, for this we think we can achieve our objective and do the most shaping by going to maggie.” (ms. haberman joined the new york times in 2015 to cover the 2016 presidential election.) on april 30, 2016, politico’s chief investigative reporter ken vogel emailed a complete draft of an upcoming article to mark paustenbach, the democratic national committee’s national press secretary. the email was titled, “per agreement… any thoughts appreciated.” paustenbach forwarded vogel’s email to luis miranda, then the dnc’s communications director, with the notation, “let me know if you see anything that’s missing and i’ll push back.” miranda resigned from the dnc in august 2016 after a separate wikileaks release that showed the committee favored clinton and discussed how to undermine democratic challenger bernie sanders. more to come… articles sell a house faster for full price posted on june 6, 2012 by drew if you have a basic understanding of owner financing in general and wraparound mortgages in particular, you can sell your house on a wrap, hopefully faster and at a better price than waiting for all cash or a new loan. like the garden-variety real estate sale, selling on a wrap involves a contract, an inspection period, and a closing, but because there will be no new bank financing (and possibly no title insurance), the entire transaction could take 7 days or less. if you have a buyer who’s ready to sign up, here’s a step-by-step guide to selling your a house on a wraparound mortgage. the following documents need to be signed and/or delivered before the closing: seller’s wraparound bundle – $97 $97.00 – add to cart checkout added to cart agreement for purchase and sale of real estate this document does not convey ownership of real estate, it is simply a promise for you to sell and for the buyer to buy the property under certain conditions. ask the buyer to make two separate payments to you – an option fee, which is non-refundable but allows the buyer to terminate for any reason within a certain time period, and earnest money, which is refundable during an inspection period when the buyer is allowed to inspect the property, review title, and possibly renegotiate the terms of the sale. once the inspection period ends, the earnest money “goes hard” and is non-refundable unless the seller defaults. this document can be recorded but as the seller, you do not want the buyer to record it and create a “cloud” on your title, so the form includes a clause preventing the recording of the agreement. notice of conveyance encumbered by lien if you or the buyer is buying title insurance, this disclosure is not required. if neither party is buying title insurance, then you must deliver the notice to the buyer and the lender at least 7 days before the effective date of your agreement. to do this, give the notice to your buyer at the same time you sign the contract, but make the effective date of the contract at least 7 days after the date you sign it, then fax or scan/e-mail the notice to the lender that same day. (or if you mail the notice to the lender, make your effective date at least 10 days after the signing date.) or just buy the title policy and save yourself all this hassle. this document is not recorded. authorization to release loan information as the seller, you do not have to give the buyer this document and it is not required for the transaction, but if the buyer asks for it, it is a fair request. the buyer is well within his rights to confirm your mortgage information before he actually takes over responsibility for paying it off. once these documents are executed, make a copy for the buyer and a copy for the title company, attorney, or whoever is going to conduct your closing. if neither you nor the buyer is going to buy title insurance, then you can proceed to closing as soon as the inspection period ends. the following documents need to be signed at closing: special warranty deed with vendor’s lien this is the document that conveys title to the property. even though the first mortgage is not being paid off, you are selling the property to the buyer and the buyer is taking legal title to the property. the vendor’s lien creates a lien against the property that will allow the vendor (you) to foreclose if the buyer fails to pay you the note as promised. this document needs to be signed and notarized because it will be recorded in the county’s property records. the buyer should record the original deed and have the recorded original mailed or delivered to the buyer, with a copy to you or your trustee. note secured by wraparound mortgage you are the lender or payee and the buyer is the borrower or maker. this document is not recorded. deed of trust to secure assumption this is the actual “wraparound mortgage,” but it is officially called a deed of trust in texas. in a technical legal sense, the grantor (the borrower/buyer) conveys the property to a trustee (usually an attorney) to hold for the benefit of the beneficiary (you, the seller/lender). this document secures the buyer’s promise to pay the note by creating a lien against the property you are selling. (this lien is fairly redundant to the vendor’s lien in the special warranty deed, because in most cases, the seller and the lender are not the same entity. so this is a bit of a belt-and-suspenders approach, but too much protection is far better than too little.) the deed of trust also secures the buyer’s promise to pay your mortgage, even if the buyer is paying your lender directly. if the buyer fails to pay either the first mortgage (to the lender) or the second mortgage (to you), you would be able to foreclose. this document needs to be signed and notarized because it will be recorded in the county’s property records. you keep the original, record it and have the recorded original mailed to you or your trustee, with a copy to the buyer. closing agreement and due-on-sale acknowledgment this is a crucial document that must be signed and initialed by both the seller and the buyer. it is an acknowledgment by both parties that the underlying mortgage (the first one, held by the original lender) is not being paid off at closing. this means that the mortgage is still in the seller’s name and must still be paid every month. it also means, most likely, that the conveyance of the property will trigger the “due-on-sale” clause, which would allow the original lender to accelerate its note or “call the note due.” if either of those things happens (the first mortgage does not get paid or the first lender accelerates the note), then the lender could foreclose on the property, which would wreck the seller’s credit and wipe out the seller’s wraparound mortgage and the buyer’s ownership of the property. so everyone needs to understand this and sign and initial this document. this document will not be recorded, but the seller needs to keep a signed original of this document and keep it in a very safe place (preferably a scanned digital copy and an actual signed original). bill of sale and assignment this is not a required document and as the seller, you do not have to volunteer to sign this agreement, but if the buyer asks for it, it is certainly a valid request. the bill of sale conveys the personal property that is located on the property (basically, everything that is not nailed down – or make that everything that is not permanently nailed down). usually the personalty is addressed in the purchase and sale agreement, and if not, presumably you will have removed any personal property you want to keep before the closing. however, if there are any leases, security deposits, escrow accounts, vendor contracts or other agreements associated with the property, this document would assign those items to the buyer. seller’s wraparound bundle – $97 $97.00 – add to cart checkout added to cart articles buy a house without a new loan posted on june 6, 2012 by drew buying a house with a wraparound mortgage is one of many ways to buy real estate with owner financing. any time a seller will finance part of the purchase of a home, it’s usually a good thing, especially if it means you, the buyer, don’t have to apply for a new bank loan. there are some seller financing options that tend to be a better deal for the buyer, particularly buying the house “subject to” the underlying mortgage and paying the seller a cash down payment and/or giving the seller a note for his equity. but buying on a wrap is certainly a good option too. if you have a basic understanding of owner financing in general and wraparound mortgages in particular, you can buy a house on a wrap, hopefully faster and with less hassle than applying for a new bank loan. like the garden-variety real estate sale, buying on a wrap involves a contract, an inspection period, and a closing, but because there will be no new bank financing (and possibly no title insurance), the entire transaction could take 7 days or less. if you have a seller who has agreed to sell you his house on a wrap, here’s a step-by-step guide to buying your a house with a wraparound mortgage. the following documents need to be signed and/or delivered before the closing: buyer’s wraparound bundle – $97 $97.00 – add to cart checkout added to cart agreement for purchase and sale of real estate – buyer-friendly this document does not convey ownership of real estate, it is simply a promise for you to buy and for the seller to sell the property under certain conditions. this agreement allows you 30 days to inspect the property and the relevant documents and terminate for any reason or no reason at all within that option period. it also contains an agreement for the seller to convey all the personal property on the premises to you and a number of other pro-buyer provisions. if you are concerned that the seller may try to sell the property to someone else if a better deal comes along, you may want to record the agreement (or a memorandum of the agreement) with the county clerk, which would create a “cloud” on the title and allow you to enforce your agreement in several different ways. notice of conveyance encumbered by lien this document is of no real concern to you as the buyer. if either you or the seller is buying title insurance, this disclosure is not required, and even if there will be no new title policy, the obligations and potential liabilities for non-disclosure fall on the seller, not you. if you’re interested in this sort of thing, you can take a look at the texas statute that requires the disclosure and establishes the penalties for the seller who fails to comply. authorization to release loan information you will definitely want this document when you sign the contract so that you can confirm all the information about the first mortgage (the seller’s mortgage that is not being paid off). usually, requesting a copy of the latest statement will tell you the current principal balance, interest rate, monthly payment, and any amount in arrears, and sometimes will include information about the tax and insurance escrows, if any. limited power of attorney for real estate it is okay to ask for this document at contract signing, but it’s certainly fine to wait until closing to get the seller’s signature. when the seller executes the poa and names you as the seller’s attorney-in-fact, it gives you the legal right to “stand in the shoes” of the seller in any situation relating to the property. you can do anything with the property that the seller could do – sell it, lease it, service the first mortgage, communicate directly with the first mortgage lender, etc. it is not absolutely necessary that you have a poa for this transaction, and some sellers may object pretty strongly, but you are taking full responsibility for the property and you should want full control over the property. if you don’t comply with the terms of your agreement, however, the seller would be able to revoke the poa and foreclose if necessary. the following documents need to be signed at closing: (general) warranty deed this is the document that conveys title to the property. even though the first mortgage is not being paid off, you are buying the property and taking legal title. the general warranty in this deed is the most expansive warranty of title allowed by law; the seller is warranting to you, the buyer, that no party has any superior claim of title to the property, including claims that may have arisen before the seller bought the property himself. the seller may reasonably request a vendor’s lien be included in the deed, but may not, because the seller will have a lien against the property when the deed of trust is recorded (see below). this document needs to be signed and notarized because it will be recorded in the county’s property records. you should record the original deed and have the recorded original mailed or delivered to you, with a copy to the seller. note secured by wraparound mortgage you are the borrower or maker and the seller is the lender or payee. this document is not recorded. deed of trust (wraparound mortgage) this is the actual document that secures your promise to pay the note by creating a lien against the property you are buying. if you do not pay the note as promised or otherwise default, the seller could accelerate the note, although this form does not include a power of sale that would allow the seller to foreclose easily. the seller may ask for a deed of trust and want to include a power of sale, which is standard. the seller may also ask for language in the deed of trust to secure your assumption of the obligations in the first mortgage (even though you are not formally assuming that mortgage, just agreeing to make the payments on it). this document needs to be signed and notarized because it will be recorded in the county’s property records. the seller should record the original and have the recorded original mailed or delivered to the seller, with a copy to you. closing agreement and due-on-sale acknowledgment this is a crucial document that must be signed and initialed by both the seller and the buyer. it is an acknowledgment by both parties that the underlying mortgage (the first one, held by the original lender) is not being paid off at closing. this means that the mortgage is still in the seller’s name and must still be paid every month. it also means, most likely, that the conveyance of the property will trigger the “due-on-sale” clause, which would allow the original lender to accelerate its note or “call the note due.” if either of those things happens (the first mortgage does not get paid or the first lender accelerates the note), then the lender could foreclose on the property, which would wreck the seller’s credit and wipe out the seller’s wraparound mortgage and the buyer’s ownership of the property. so everyone needs to understand this and sign and initial this document. this document will not be recorded, but the seller needs to keep a signed original of this document and keep it in a very safe place (preferably a scanned digital copy and an actual signed original). limited power of attorney for real estate if the seller has not already executed this document, the buyer should request it at closing. (see above.) bill of sale and assignment the buyer’s purchase agreement should specify the personal property that will be conveyed along with the real estate, and if there are any leases, deposits, escrow accounts, vendor contracts, or other agreements associated with the property, the buyer should get an assignment of all of them at closing. buyer’s wraparound bundle – $97 $97.00 – add to cart checkout added to cart posts navigation 1 2 … 4 next » question for drew? your name your email your message i understand and agree that this communication does not establish an attorney-client relationship with any party. top posts & pages the wraparound mortgage explained a lawyer's guide to the trec form selling owner financed in texas? be careful contact download forms and contracts how to sell a house with a lease option about © 2017 drew shirley powered by wordpress | theme: graphy by themegraphy


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