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Wraparound Deed Of Trust for Philippines

Wraparound Deed Of Trust Template for Philippines

A specialized financing instrument used in the Philippines that creates a junior lien while maintaining an existing senior loan in place. This document establishes a trust arrangement where the new lender assumes responsibility for payments on the senior loan while creating a new loan that wraps around the existing one. The document must comply with Philippine property law, particularly the Civil Code of the Philippines and the Property Registration Decree, and includes detailed provisions for loan terms, payment structures, default remedies, and trust administration requirements.

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What is a Wraparound Deed Of Trust?

The Wraparound Deed of Trust is a sophisticated financing instrument utilized in the Philippine real estate market when a property owner seeks additional financing while an existing mortgage remains in place. This document is particularly useful in situations where the existing loan has favorable terms that the borrower wishes to preserve, or when a complete refinancing is not practical or desirable. The document establishes a trust arrangement governed by Philippine law, where the new lender takes responsibility for the existing loan payments while creating a new, larger loan that "wraps around" the original one. This structure must comply with Philippine property and banking regulations, including the Civil Code of the Philippines and relevant banking laws. The document typically includes comprehensive details about both loans, payment structures, default provisions, and the responsibilities of all parties involved.

What sections should be included in a Wraparound Deed Of Trust?

1. Parties: Identifies all parties: the Trustor (borrower), Beneficiary (new lender), Trustee, and acknowledgment of the existing lender

2. Background: Recitals explaining the existing loan, the property details, and the purpose of the wraparound arrangement

3. Definitions: Defines key terms including Property, Senior Loan, Wraparound Loan, Trust Estate, and Payment Terms

4. Grant of Trust: Formal conveyance of the property into trust as security for the wraparound loan

5. Loan Terms: Details of the wraparound loan amount, interest rate, payment schedule, and total indebtedness

6. Senior Loan Provisions: Acknowledgment of senior loan, terms for handling payments, and responsibilities regarding the senior loan

7. Trustor's Covenants: Borrower's obligations including property maintenance, insurance, taxes, and compliance with senior loan terms

8. Default and Remedies: Events of default, cure periods, and available remedies including foreclosure procedures

9. Release and Reconveyance: Conditions and process for releasing the trust deed upon full payment

10. Trustee's Powers and Duties: Scope of trustee's authority and responsibilities

11. Notice Provisions: Requirements for all communications between parties

12. Governing Law and Jurisdiction: Specifies Philippine law governance and jurisdiction for disputes

What sections are optional to include in a Wraparound Deed Of Trust?

1. Due-on-Sale Clause: Optional provision triggering full payment if the property is sold, used when specifically requested by the lender

2. Acceleration Clause: Optional provision allowing lender to demand full payment under specified circumstances

3. Partial Release Provisions: Include when the property consists of multiple parcels that may be released separately

4. Environmental Warranties: Added for commercial properties or when environmental concerns exist

5. Assignment and Subordination: Include when there may be future financing needs or potential assignment of the wraparound loan

6. Property Management Provisions: Added for income-producing properties requiring specific management standards

What schedules should be included in a Wraparound Deed Of Trust?

1. Schedule A - Property Description: Legal description of the property and title details

2. Schedule B - Senior Loan Details: Complete terms and conditions of the existing senior loan

3. Schedule C - Payment Schedule: Detailed amortization schedule showing payments for both senior and wraparound loans

4. Schedule D - Permitted Encumbrances: List of approved existing liens or encumbrances on the property

5. Appendix 1 - Copy of Senior Loan Agreement: Attached copy of the original loan agreement being wrapped

6. Appendix 2 - Insurance Requirements: Detailed specifications for required property insurance coverage

7. Appendix 3 - Property Maintenance Standards: Specific requirements for property upkeep and maintenance

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

Trust Deed

Cost

Free to use
Relevant legal definitions








































Clauses


































Relevant Industries

Real Estate

Banking & Finance

Property Development

Construction

Commercial Property

Residential Property

Legal Services

Insurance

Property Management

Investment & Asset Management

Relevant Teams

Legal

Real Estate

Compliance

Risk Management

Finance

Property Management

Investment

Operations

Credit Analysis

Documentation

Relevant Roles

Real Estate Attorney

Property Manager

Loan Officer

Mortgage Broker

Real Estate Developer

Investment Manager

Trust Officer

Legal Counsel

Compliance Officer

Real Estate Agent

Property Developer

Financial Advisor

Risk Manager

Real Estate Investment Manager

Title Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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