Georgia Subordination of Lien, also known as the Subordination Agreement, refers to a legal document that establishes the priority of liens on a property. When it comes to specific scenarios like the construction or development of a right of way, these subordination agreements hold particular importance. In Georgia, there are different types of Subordination of Lien agreements pertaining to Deeds of Trust or Mortgages to Right of Way. The most common types include: 1. Construction Subordination: This type of subordination is often required when a property owner decides to construct a new right of way or engage in any construction activities on their property that may affect existing liens. A construction subordination agreement allows for the encumbrance of a lien holder's security interest temporarily during the construction phase. 2. Perpetual Subordination: In some cases, a property owner may need to grant a perpetual subordination of lien to a specific right of way project. This type of subordination agreement ensures that the right of way project takes priority over any existing or future liens on the property. It is typically required for public infrastructure projects, such as highways, public transportation, or utility easements. 3. Partial Subordination: When a property owner seeks financing for improvements or renovations on their property, they may need to obtain a partial subordination agreement. This agreement allows the new lender to have a priority lien on a portion of the property while preserving the existing lien holder's rights on the remaining property value. In Georgia, to execute a Subordination of Lien, all parties involved must agree and sign the agreement. This includes the property owner, primary lien holder (usually the mortgage or deed of trust holder), and the new lien holder seeking relief. The agreement must be recorded in the county where the property is located to provide public notice of the updated lien priority. Subordination of Lien agreements in Georgia are essential for ensuring that the rights of lien holders are protected while allowing for the construction or development of necessary right-of-way projects. These agreements help maintain order and establish clear priorities among multiple interested parties in the event of foreclosure, default, or any other legal proceedings. In conclusion, the Georgia Subordination of Lien (Deed of Trust/Mortgage to Right of Way) has various types such as Construction Subordination, Perpetual Subordination, and Partial Subordination. These agreements play a crucial role in defining the priority of liens on a property and ensuring smooth construction or development of right of way projects.