A Guam Subordination Agreement, also referred to as a Deed of Trust, is a legal document that outlines the priority of liens or claims against a property in Guam. In real estate transactions, it is often used to determine the order in which creditors will be paid if the property is foreclosed upon. This agreement is typically entered into when there are multiple loans or liens on a property. It establishes the rights and positions of each party in relation to the property's title. By entering into a Guam Subordination Agreement, creditors agree to subordinate or give up their priority claim to another creditor, allowing them to take precedence in the event of foreclosure. The primary purpose of a Guam Subordination Agreement is to provide clarity and ensure transparency among all parties involved in a property transaction. It minimizes the risk for potential conflicts and maximizes the security for lenders or lien holders. This agreement is especially crucial in situations where refinancing or additional loans are involved. There are several types of Guam Subordination Agreements, catering to different scenarios and parties: 1. First Lien Subordination Agreement: This type of agreement is used when a first mortgage lender agrees to subordinate its lien position to another lender, often a second mortgage lender or a home equity loan provider. 2. Second Lien Subordination Agreement: In contrast to the first lien agreement, this type is used when a second mortgage lender agrees to subordinate its lien position to a third party lender or a subsequent mortgage holder. 3. Intercreditor Subordination Agreement: This type of agreement is entered into by multiple lenders who have different rankings or priorities in the same property. It establishes the order in which each lender will be repaid in the event of a default or foreclosure. 4. Mezzanine Subordination Agreement: This agreement typically occurs in commercial real estate transactions, where a mezzanine lender agrees to subordinate its position to a senior lender. Mezzanine loans are often used to finance a property's acquisition, allowing the borrower to secure additional funds beyond the primary mortgage. In conclusion, a Guam Subordination Agreement (Deed of Trust) is a legal document that serves as a blueprint for determining the priority of liens or claims on a property. It ensures a fair and structured approach in addressing potential defaults or foreclosures. By understanding the different types of subordination agreements, parties can make informed decisions when entering into property transactions in Guam.