All-Inclusive Trust Deed (AITD)

A recorded security instrument used in trust-deed states (CA, AZ, NV, TX) to document a wraparound mortgage that 'wraps around' an existing underlying loan.

What is All-Inclusive Trust Deed (AITD)?

An All-Inclusive Trust Deed (AITD) — sometimes called a 'wrap deed of trust,' 'overriding deed of trust,' or simply 'the wrap' — is the recorded security instrument that creates and enforces a wraparound mortgage in states that use deeds of trust instead of mortgages (California, Arizona, Nevada, Texas, Colorado, Washington, and most of the West). It is the trust-deed-state cousin of a Wrap Mortgage.

The word 'all-inclusive' is the key concept: the new AITD note is written for the FULL amount the buyer is financing — purchase price minus down payment — even though the seller's underlying loan is still in place underneath it. The buyer makes one monthly payment to the seller (or, more commonly, to a licensed loan-servicing company), and the seller continues making payments on the original underlying loan out of those proceeds. The seller earns the spread between the two interest rates — for example, paying 4% on a $250K underlying loan while collecting 7% on a $320K AITD.

A properly drafted AITD records publicly, names a neutral trustee (usually the title company), spells out the underlying loan it wraps, and contains protective language for the buyer: a cure-and-offset clause (buyer can pay the underlying loan directly and deduct from AITD payments if seller defaults), a notification clause (servicer alerts buyer to any underlying-loan delinquency), and clear due-on-sale risk disclosures. Most AITDs are paired with a third-party loan servicer (e.g., Weimer & Associates, Allied Servicing, North American Title) so payments are split correctly and 1098s are issued to both parties at year-end.

AITDs are central to creative-finance acquisitions where the seller has equity but the buyer can't (or doesn't want to) qualify for a traditional loan. They also trigger the underlying loan's due-on-sale clause — in practice rarely called as long as the underlying loan stays current — which is the primary risk both sides accept going in.

Example

A California seller owes $250,000 at 3.25% on their existing mortgage and sells the property to an investor for $385,000 with $35,000 down on a 7.5% AITD for $350,000 amortized over 30 years. The investor pays the seller ~$2,447/month via a loan servicer; the servicer forwards ~ aria-hidden="true",088/month to the original lender and pays the seller ~ aria-hidden="true",359/month — a $325/month positive spread plus principal paydown.

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