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A subordination agreement prioritizes debts, ranking one behind another for purposes of collecting repayment from a debtor in the event of foreclosure or bankruptcy. A second-in-line creditor collects only when and if the priority creditor has been fully paid.
Subordinate clauses are also common in situations when there are two mortgages on a property but the property owner needs to refinance their primary mortgage. The refinancing lender will require that a subordination clause be signed by the second mortgage lender to ensure that they are paid first if there is a default.
: placement in a lower class, rank, or position : the act or process of subordinating someone or something or the state of being subordinated. As a prescriptive text, moreover, the Bible has been interpreted as justifying the subordination of women to men.
Subordination is the act or process by which one person or creditor's rights or claims are ranked below those of others, dealing with the distribution priority of debts between creditors.
To adjust their priority, subordinate lienholders must sign subordination agreements, making their loans lower in priority than the new lender. A subordination agreement puts the new lender into first position and reassigns an existing mortgage to second position or third position, and so on.
Subordination is a way of changing the priority of claims against a debtor so that one creditor or group of creditors (the junior creditor(s)) agree that their debt will not be paid until debts owed to another creditor or group of creditors (the senior creditor(s)) have been paid.
If a credit event (or default) occurs, a subordination agreement provides a senior lender superior repayment rights than the subordinated lender. Two types of subordination agreements are: Executory Subordination and Automatic Subordination.
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.