Different liens on the same property usually have priorities according to the time of their creation. To achieve the subordination of a prior lien, there must be an actual agreement to that effect.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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There are two ways to subordinate tranches of debt so that one tranche takes priority over the other. The first is called lien subordination, in which two forms of senior, equally ranked debt share the same collateral, but one is given priority over that collateral in case of liquidation.
Lien Subordination Distinguished Lien subordination is not paramount in the mezzanine loan context because mortgage lenders and mezzanine lenders hold security interests in separate collateral, but payment subordination is a central component of any mortgage-mezzanine intercreditor arrangement.
Subordination agreements are written agreements between lienholders to change the priority of mortgage, judgment, and other liens. Under a subordination agree- ment, the holder of a superior or prior lien agrees to permit a later lienholder's interest to take precedence.
A first mortgage has priority over all other liens of claims on a property in the event of a default. Home Equity Line of Credit (HELOC) - An open-end line of credit secured against the property.
Mortgage lender might use this if there are other liens on the property and the lender wants to have first priority of foreclosure in the even t of a default. Subordination agreements are written compromises between lien holders to change the priority of their liens.
Subordination Agreement. is a document that changes the order of priority. If a lender wishes to maintain a first lien position, it must receive permission from the second mortgage holder to do so by requesting a subordination agreement.
A subordination agreement prioritizes debts, ranking one behind another for purposes of collecting repayment from a debtor in the event of foreclosure or bankruptcy. A second-in-line creditor collects only when and if the priority creditor has been fully paid.
In this contract, lien holders agree on the relative priorities of their liens. In a subordination agreement, a prior lien or mortgage holder agrees that its lien will be subordinate, or second, to a subsequently recorded mortgage.
