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When you get a mortgage loan, the lender will likely include a subordination clause essentially stating that their lien will take precedence over any other liens placed on the house. A subordination clause serves to protect the lender if a homeowner defaults.
A Subordination Agreement is a legal document that establishes the priority of liens or claims against a specific asset.
There are two ways to subordinate tranches of debt so that one tranche takes priority over the other. The first is called lien subordination, in which two forms of senior, equally ranked debt share the same collateral, but one is given priority over that collateral in case of liquidation.
Payment subordination establishes the hierarchy of interest and principal payments in case of default or liquidation. Senior debt is paid first, followed by junior debt. Lien subordination does not imply payment subordination. In the case of default, payments must continue to be made to all senior lenders equally.
8) Keep the original signed subordination agreement in your file to be given to your title agent to record AT THE SAME TIME they record the RIM easement. Do not record the mortgage subordination agreement ahead of easement recording.
There are many examples of subordinate financing, but some of the most common include: Home Equity Loan. Home equity loans are a type of second mortgage and are taken out against the equity that you have built up in the home. ... Home Equity Line of Credit (HELOC). ... Other Second Mortgages.
A subordination agreement is a legal document that establishes one debt as ranking behind another in priority for collecting repayment from a debtor. The priority of debts can become extremely important when a debtor defaults on their payments or declares bankruptcy.
An example is a trust document that includes a subordinate clause. This requires it to state that once the primary lien becomes active, a secondary lien becomes automatically subordinate. For instance, if a trust pays education funding as a first priority, the first lien is tuition.