The Suffolk New York Subordination Provision is a legal clause that is commonly used in real estate transactions in Suffolk County, New York. It is an important provision that outlines the priority of liens or interests in a property in case of default or foreclosure. In simple terms, a subordination provision determines the order in which different parties will be paid off from the proceeds of a property's sale. It establishes the hierarchy of creditors and their rights to claim ownership or repayment. This provision is particularly crucial when there are multiple creditors involved, such as mortgage lenders, tax authorities, and judgment holders. There are several types of Suffolk New York Subordination Provisions, each serving a specific purpose or addressing a particular scenario: 1. Mortgage Subordination: This type of subordination provision is commonly used in real estate transactions where a property owner intends to take out a second mortgage or refinancing while still owing money on the first mortgage. The provision spells out the priority order in which the lenders will be repaid if the property is foreclosed. 2. Tax Lien Subordination: In situations where the property owner has outstanding tax liens or owes taxes to the government, a tax lien subordination provision may be incorporated into the agreement. It determines the priority of the tax authorities' claims over those of other creditors in case of foreclosure or sale. 3. Judgment Lien Subordination: If a property owner is subject to a judgment lien due to legal proceedings or a court judgment, a judgment lien subordination provision may be utilized. This provision establishes whether the judgment creditor's claim will take precedence over other liens, such as mortgages or tax liens. 4. Subordination to Mechanic's Lien: In construction projects, a subordination provision may be included to address mechanic's liens. This provision determines whether contractors, subcontractors, or suppliers who have filed mechanic's liens will have priority over other liens or mortgages in the event of foreclosure or sale. It is important to consult a qualified real estate attorney or professional in Suffolk County, New York, to understand the specific requirements and implications of the Suffolk New York Subordination Provision. Each provision should be tailored to the unique circumstances of the transaction and the parties involved to ensure a fair and equitable distribution of proceeds in case of default or foreclosure.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.