A Kansas Subordination Agreement for subordinating an existing mortgage to a new mortgage is a legal document used to specify the priority of multiple mortgages on a property. This agreement allows the lender of the new mortgage to have the first lien position, while the existing mortgage becomes subordinate or secondary in priority. It is important to carefully draft and execute this agreement to ensure proper documentation and protection of the parties involved. There are two main types of Kansas Subordination Agreement Subordinating Existing Mortgage to New Mortgage: 1. Intercreditor Agreement: This type of subordination agreement is commonly used when there are two or more lenders involved in a property transaction. It outlines the relationship between the lenders and defines the priority of their respective mortgages. In Kansas, an Intercreditor Agreement helps establish the rights and obligations of the lenders involved, ensuring a clear understanding of their positions. 2. Mortgage Modification Agreement: This subordination agreement is used when the existing mortgage holder and the new mortgage lender agree to modify the terms of the original mortgage. It involves altering certain aspects such as interest rates, repayment period, or other terms, which may affect the priority of the mortgage. This agreement is typically required to be filed with the county recorder's office for public record. In both cases, a Kansas Subordination Agreement Subordinating Existing Mortgage to New Mortgage serves to protect the interests of the new lender, who gains the primary lien position on the property. By subordinating the existing mortgage, the new lender ensures that their mortgage takes precedence in case of foreclosure or other legal actions. It is essential to consult a real estate attorney to properly draft and execute a Kansas Subordination Agreement to avoid any legal complications. This agreement should include detailed information about the parties involved, property details, existing mortgage terms, new mortgage terms, and the specific subordination provisions. The document must be signed by all parties involved and notarized for validity.