Nevada Subordination Agreement of Deed of Trust

State:
Multi-State
Control #:
US-00185
Format:
Word; 
Rich Text
Instant download

Description

This agreement allows one lien holder to subordinate its deed of trust to the lien of another lien holder. For valuable consideration, a particular deed of trust will at all times be prior and superior to the subordinate lien.

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FAQ

Hear this out loud PauseIf the borrower has land, (or uses the money to buy land), then many lenders request a deed of trust as a condition of giving the borrower the money. In Nevada, lenders like a deed of trust (or ?trust deed?) to give them security in case the borrower defaults.

Hear this out loud Pause"Deed of trust" means an instrument, including, without limitation, a deed of trust, mortgage deed or other mortgage, that secures a mortgage loan and deed of trust note and creates a first lien on a fee interest in real property located within the State.

Hear this out loud PauseA Subordination Agreement is a legal document that establishes the priority of liens or claims against a specific asset. It is commonly used in the context of real estate transactions, but can also be applied to other types of assets.

Who Benefits from a Subordination Clause? A subordination clause is meant to protect the interests of the primary lender. A primary mortgage usually covers the cost of purchasing the home; however, if there is a secondary mortgage, the clause ensures that the primary lender retains the number one priority.

Hear this out loud PauseTrust deeds are an alternative to mortgages in certain states. Instead of an agreement directly between a lender and a borrower, a trust deed places the title of a property in the hands of a third party, or trustee.

An example is a trust document that includes a subordinate clause. This requires it to state that once the primary lien becomes active, a secondary lien becomes automatically subordinate. For instance, if a trust pays education funding as a first priority, the first lien is tuition.

Subordination agreements are used to legally establish the order in which debts are to be repaid in the event of a foreclosure or bankruptcy. In return for the agreement, the lender with the subordinated debt will be compensated in some manner for the additional risk.

Subordinate Deed of Trust means the deeds of trust granted by Borrower to secure the obligation of Borrower to repay the Subordinate Loan.

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Nevada Subordination Agreement of Deed of Trust