A Massachusetts Subordination Agreement, also known as a Deed of Trust, is a legal document that outlines the priority of liens on a property. It is commonly used in real estate transactions, especially when there are multiple loans or debts secured by the property. By entering into a subordination agreement, the parties agree to change the order of priority of their liens, typically allowing a new lien to take precedent over an existing one. In Massachusetts, there are two main types of Subordination Agreements: First Lien Subordination Agreements and Second Lien Subordination Agreements. 1. First Lien Subordination Agreement: A First Lien Subordination Agreement is used when there is an existing first mortgage or lien on a property, and a new loan is being obtained with a junior lien position. This agreement allows the new lender to move ahead of the existing first lien holder in the priority order. By signing this document, the first lien holder agrees to subordinate their lien to the new loan, acknowledging that they will be repaid only after the new loan is satisfied. This type of subordination is often required by lenders to secure their interests and enable the borrower to obtain additional financing. 2. Second Lien Subordination Agreement: A Second Lien Subordination Agreement is utilized when there is a subordinate lien or mortgage already in place, and a subsequent loan is being taken with a higher priority lien. Similar to the first type, this agreement establishes the priority of liens, where the existing junior lien holder agrees to subordinate their position to the new senior loan. In this case, the second lien holder acknowledges that they will be repaid only after the new loan and the first lien are satisfied. It's important to note that a subordination agreement does not replace the existing lien or mortgage but merely adjusts the priority of repayment for the parties involved. These agreements are necessary to ensure that lenders have a clear understanding of their positions in the event of default or foreclosure. In conclusion, a Massachusetts Subordination Agreement (Deed of Trust) is a legal document used to establish the priority of liens on a property. First Lien and Second Lien Subordination Agreements are the two common types in Massachusetts. These agreements play a crucial role in real estate transactions with multiple loans or debts, ensuring that lenders' interests are protected and borrowers can obtain additional financing.