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A subordination agreement is a legal document that establishes one debt or claim as ranking behind another for repayment. Click here to learn more in 2022.The construction loan lender will demand that it be a first trust deed in first position. A subordination agreement adjusts the priority of mortgages. It moves a refinance loan up to the front of the line. I recently learned about subordination, in that I can have a contractor use the equity in my lot to help secure financing on a construction loan. This applies to subordination agreements which subject a mortgage to the bank to another loan. Subordinate loan. 3,000,000. The SBA will not entertain any request for "Cash Out" subordination in any amount intended for: Construction. In the Miller case, perhaps the lender should have lost priority with respect to the total construction loan.