A Massachusetts Subordination Agreement Subordinating Existing Mortgage to New Mortgage is a legal document that outlines the prioritization of mortgages on a property in the state of Massachusetts. This agreement is commonly used when a borrower wishes to refinance their existing mortgage with a new one while ensuring the new mortgage takes precedence over the existing one. In this agreement, the existing mortgage holder voluntarily agrees to subordinate their mortgage to the new mortgage, meaning they are willing to allow the new lender to have first lien position on the property. By subordinating their mortgage, the existing lender acknowledges that the new mortgage will be paid off first in the event of foreclosure or sale of the property. This type of subordination agreement is often necessary when a homeowner wishes to refinance their mortgage to take advantage of lower interest rates or to access the equity in their property. By subordinating the existing mortgage, the borrower is able to secure a new mortgage with better terms without having to pay off the original loan in full. A Massachusetts Subordination Agreement Subordinating Existing Mortgage to New Mortgage can be organized into different types depending on the specific circumstances of the agreement. Some common types include: 1. First Mortgage Subordination: This type involves subordinating a first mortgage to a new mortgage, where the existing mortgage is currently holding first lien position on the property. This is typically seen in cases when the borrower is refinancing their first mortgage to obtain better terms or to consolidate debt. 2. Second Mortgage Subordination: In this case, a second mortgage, which is already subordinate to a first mortgage, is being further subordinated to a new mortgage. Homeowners often choose this option when they wish to refinance and combine their first and second mortgages into one loan. 3. Home Equity Line of Credit (HELOT) Subordination: Here, a home equity line of credit is being subordinated to a new mortgage. The existing HELOT holder agrees to subordinate their loan to the refinanced mortgage, allowing the new lender to have first position. 4. Multiple Mortgages Subordination: This type applies when a property has multiple mortgages, and the borrower wishes to refinance with a new mortgage that will have priority over all existing mortgages. All existing mortgage holders must agree to the subordination. Overall, a Massachusetts Subordination Agreement Subordinating Existing Mortgage to New Mortgage serves as a critical legal tool to establish the priority of mortgages on a property. It allows homeowners to refinance their mortgage while ensuring the new lender has the desired lien position.