§ 38.2-1435. Second mortgages; wrap-around mortgages
A domestic insurer may invest in obligations secured by second mortgages or second deeds of trust on real property encumbered only by a first mortgage or first deed of trust complying with §§ 38.2-1434 and 38.2-1437, subject to either of the following conditions:
1. The insurer also owns the obligation secured by the first mortgage or first deed of trust, and the aggregate value of both loans does not exceed the applicable loan-to-value ratio specified in § 38.2-1437; or
2. The obligation is secured by a wrap-around mortgage where:
a. Only one preexisting mortgage or deed of trust encumbers the real property;
b. The mortgage or deed of trust securing the loan is (i) recorded and (ii) insured for at least the total amount of the obligation of the borrower to the insurer by title insurance; and
c. The insurer agrees to make the payments due under the first mortgage or first deed of trust upon receipt of payments due from the borrower under the wrap-around mortgage.
(1983, c. 457, § 38.1-217.38; 1986, c. 562.)
Sections: Previous 38.2-1428 38.2-1429 38.2-1430 38.2-1431 38.2-1432 38.2-1433 38.2-1434 38.2-1435 38.2-1436 38.2-1437 38.2-1437.1 38.2-1438 38.2-1439 38.2-1440 38.2-1441 NextLast modified: April 16, 2009