Wraparound Mortgage

Definition: A Will Contest is a legal challenge brought by an interested party to dispute the validity of a deceased person’s will. It typically arises when someone believes the will was created under undue influence, fraud, lack of capacity, or improper execution. The goal of a will contest is to prevent the enforcement of a will that does not accurately reflect the testator’s true intentions. Only individuals with a legal interest in the estate, such as heirs or beneficiaries, have standing to file a will contest.

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Wraparound Mortgage

Wraparound mortgage: secondary financing that "wraps around" existing mortgage. Includes existing balance + new amount at higher rate. Buyer pays seller; seller pays existing + keeps spread. Example: $10K at 4% existing; $300K at 6% wraparound. Used: high interest rates, credit issues, investment property, and tight credit. Risks: due-on-sale (Garn-St Germain), priority (existing first), seller default (buyer loses), and fraud. Both parties need independent counsel.

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When Used

Risks

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Barnes Walker Real Estate

Barnes Walker’s attorneys handle FL wraparound mortgages. Request a legal inquiry for assistance.

Florida Law Reference

Fla. Stat. Ch. 697

Defines mortgages as liens on real property and establishes requirements for mortgage creation, assignment, and satisfaction in Florida.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC

Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney-client relationship with Barnes Walker, Goethe, Shea & Robinson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.

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