A San Jose California Subordination Agreement, also referred to as a Deed of Trust to Storage Agreement, is a legal document that outlines the priority of payment in case of a default on a loan or mortgage. This agreement is commonly used in real estate transactions involving multiple parties and lenders. In San Jose, California, there are a few different types of Subordination Agreements, each catering to specific circumstances. These types include: 1. First Lien Subordination Agreement: This agreement is used when a property owner wants to take out a second mortgage or loan on their property while still maintaining the priority of the first lien on the property. The first lien holder agrees to subordinate their lien to the new lien, allowing the new lender to move ahead in the line of priority. 2. Second Lien Subordination Agreement: In the event that a property owner already has an existing first lien on their property and wants to take out another loan or mortgage, the second lien subordination agreement comes into play. The second lien holder agrees to subordinate their lien to the first lien, acknowledging the priority of the first lender's claim. 3. Intercreditor Subordination Agreement: This type of San Jose California Subordination Agreement is commonly used when multiple lenders are involved in a real estate transaction. It outlines the priority of payment and establishes the rights and obligations of each lender in case of default. This agreement helps avoid conflicts and confusion among lenders by clearly defining the order in which they will be paid in case of foreclosure or other default scenarios. 4. Subordination Agreement with Storage Lien: In certain cases, a property owner may use their property as collateral for a loan while also storing personal belongings or goods on the same property. This type of agreement combines the subordination of the lien on the property with an agreement related to the storage of personal items. It clarifies the rights and responsibilities of both parties and ensures a smooth legal process if the loan or storage agreement is defaulted upon. San Jose California Subordination Agreements are essential legal documents that provide clarity and protection for all parties involved in real estate transactions. They help establish the order of priority for lenders and protect their interests in case of default. It is important to consult with a knowledgeable attorney familiar with California real estate laws when drafting or reviewing these agreements to ensure they meet all legal requirements.