Connecticut Subordination Agreement - Lien

State:
Multi-State
Control #:
US-00640
Format:
Word; 
Rich Text
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Description

A request has been made by a second lienholder to the first lienholder that the first deed of trust or mortgage be subordinate to the second deed of trust of mortgage.
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FAQ

For example, assume a company has secured senior debt of $60 million and subordinate financing that totals $40 million. If a company liquidates all of its assets in a bankruptcy for $80 million, it first needs to pay off the $60 million amount of its debt held by secured lenders.

Subordination agreement is a contract which guarantees senior debt will be paid before other ?subordinated? debt if the debtor becomes bankrupt.

A subordinate mortgage loan is any loan not in the first lien position. The subordination order goes by the order the loans were recorded. For example, your first mortgage (the mortgage used to buy the house) is recorded first because it's the first loan you borrow.

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.

An excellent example of an SME that took out a first lien loan is the popular stationary bike and fitness company, Peloton. It recently took out a $750 million, five-year first lien term loan to provide it with the capital to continue its growth spurt that took off during COVID-19 lockdowns.

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.

Subordination agreements are used to legally establish the order in which debts are to be repaid in the event of a foreclosure or bankruptcy. In return for the agreement, the lender with the subordinated debt will be compensated in some manner for the additional risk.

A subordinated loan is debt that's only paid off after all primary loans are paid off, if there's any money left. It's also known as subordinated debt, junior debt or a junior security, while primary loans are also known as senior or unsubordinated debt.

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Connecticut Subordination Agreement - Lien