An All Inclusive Trust Deed secures a wrap-around loan, which loan incorporates an
existing loan, with a new loan made by the Seller of a property.
For example, the sales price is $200,000, there is an existing first trust deed
securing a loan with a balance of $150,000, with an interest rate of 7%, the Buyer
has $20,000 cash to put down; therefore, an AITD is created in the amount of
$180,000 at 8%. The AITD wraps around the existing $150,000 at, and the Seller
makes 1% on the $150,000 at 8%, on the $30,000, thereby effectively increasing the
yield.
The Buyer makes payments based upon the $180,000 balance, and the Seller makes
the payments on the existing loan secured by the first trust deed.
The terms of the AITD, such as rates, maturity date, payment amount, late charges
and prepayment penalty are completely negotiable.
In the event the first trust deed and note contains a “Due On Sale Clause,” the parties
will want to seek legal and tax counsel as to the ramifications of doing an AITD.

 

AITD LAND CONTRACT
Usually recorded with a Grant Deed Can be unrecorded or only a
Memorandum file or Performance
Conveys FULL title Conveys only an “equity” interest
Foreclosure through trustee May require judicial foreclosure
Future liens against Seller WILL
NOT attach to property
Future liens against Seller MAY
attach to property
Always include underlying loans –
larger yield for Seller
May be either All-Inclusive or
Split Interest