A New Mexico Subordination Agreement (Deed of Trust) is a legal document used in real estate transactions to establish the priority of two or more mortgage liens on a property. This agreement allows a lender to agree to subordinate their lien to another lender's lien, granting the latter priority in the event of default or foreclosure. In New Mexico, there are two main types of Subordination Agreements related to Deeds of Trust: 1. Intercreditor Subordination Agreement: This type of Subordination Agreement is typically used when there are multiple lenders involved in a real estate transaction. The agreement outlines the order in which the lenders' liens will take precedence, establishing the priority of their claims. By signing this agreement, one lender consents to subordinate their lien to another lender, allowing the latter to have a higher priority in the event of foreclosure or default. This is often used in situations where a borrower seeks additional financing or refinancing on a property already encumbered by a Deed of Trust. 2. Subordination Agreement with Lien holder: This type of Subordination Agreement is utilized when a property owner intends to secure a new loan or modify an existing one while maintaining the current mortgage. By signing the agreement, the original lender consents to subordinate their lien to the new lender or modified loan, thereby providing the new lender a higher priority in case of default or foreclosure. This type of agreement commonly occurs when an individual wants to obtain additional financing for property improvements, debt consolidation, or other financial needs. It is essential to note that both types of Subordination Agreements serve to establish the priority of liens on a property. By subordinating their lien, the subordinate lender or lien holder acknowledges that they will receive payment or satisfaction after the higher-priority lien holder in the distribution of proceeds from a foreclosure sale. In summary, a New Mexico Subordination Agreement (Deed of Trust) is a legal contract that determines the hierarchy of multiple mortgage liens on a property. It ensures that lenders' claims are prioritized accordingly, and it is commonly used in situations involving multiple lenders or when securing additional financing while maintaining existing loans. Adhering to these agreements is crucial for lenders to protect their interests and borrowers to manage their financial obligations effectively.