Louisiana Subordination of Mortgage

State:
Louisiana
Control #:
LA-704-M
Format:
Word; 
Rich Text
Instant download

Description

This is an agreement whereby the holder of a superior right surrenders his superior position to the holder of a right that would be inferior otherwise. In this example, the holder of a prior mortgage agrees that a later executed and filed mortgage is given priority. This type of agreement can be used to subordinate conveyance or mortgage items to conveyance or mortgage items.
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FAQ

Subordination is the process of ranking home loans (mortgage, HELOC or home equity loan) by order of importance.Through subordination, lenders assign a lien position to these loans. Generally, your mortgage is assigned the first lien position while your HELOC becomes the second lien.

Subordinate Liens Being "subordinate" means they can be paid only after more senior liens are released. In other words, if the mortgage lender has the primary lien, that lender must be paid in full before any subordinate liens are paid.

Subordinate Mortgages and Refinancing When you refinance, your new lender will want their mortgage to hold primary status, and for the HELOC to remain subordinate. In order for this to happen, the HELOC lender will need to agree and the HELOC will need to be re-subordinated.

And many lenders charge a fee to review the subordination package, a fee that might run as high as $100. Your lender will probably pass this fee to you.

When a Borrower wishes to refinance the property, they must request a subordination request to the Lender. The Lender will subordinate their loan only when there is no cash out as part of the refinance.

A subordination agreement is a legal document that establishes one debt as ranking behind another in priority for collecting repayment from a debtor. The priority of debts can become extremely important when a debtor defaults on payments or declares bankruptcy.

Subordination clauses in mortgages refer to the portion of your agreement with the mortgage company that says their lien takes precedence over any other liens you may have on your property.The primary lien on a house is usually a mortgage. However, it's also possible to have other liens.

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Louisiana Subordination of Mortgage