Assemble Subordination Agreement

Aug 6th, 2022
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How to Assemble Subordination Agreement

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A subordination agreement is a recorded document that alters the priority of mortgages, which are ranked by "first in time, first in right." For instance, if Bank of America (BOA) holds a first mortgage with a small balance and a homeowner seeks a larger mortgage from Wells Fargo, BOA must agree to move to a secondary position. This is accomplished through a subordination agreement, a concise one-page document that BOA must execute. Once recorded, this agreement grants legal priority to the new Wells Fargo mortgage as the first lien, thereby subordinating BOA's mortgage to the second position.

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Despite its technical-sounding name, the subordination agreement has one simple purpose. It assigns your new mortgage to first lien position, making it possible to refinance with a home equity loan or line of credit. Signing your agreement is a positive step forward in your refinancing journey.
To adjust their priority, subordinate lienholders must sign subordination agreements making their loans lower in priority than the new lender. A subordination agreement puts the new lender into first position and reassigns an existing mortgage to second position or third position, and so on.
A mortgage subordination refers to the order the outstanding liens on your property get repaid if you stop making your mortgage payments. For example, your first home loan (primary mortgage) is repaid first, with any remaining funds paying off additional liens, including second mortgages, HELOCs and home equity loans.
Example of a Subordination Agreement The business files for bankruptcy and its assets are liquidated at market value$900,000. The senior debtholders will be paid in full, and the remaining $230,000 will be distributed among the subordinated debtholders, typically for 50 cents on the dollar.
Given these complications of refinancing, subordination agreements are relatively common practice in the lending industry. It benefits the homeowner by providing a lower interest on their property and also provides assurance to the primary lender that all debts will be repaid.
The party that primarily benefits from a subordination clause in real estate is the lender. However, if you decide to pursue a second mortgage, then the subordination clause prioritizes the first lenders repayment and contract rights. The most common application of subordination clauses is when refinancing a property.
What Is a Subordination Agreement? A subordination agreement is a legal document that establishes one debt as ranking behind another in priority for collecting repayment from a debtor. The priority of debts can become extremely important when a debtor defaults on payments or declares bankruptcy.
Subordination is the act or process by which one person or creditors rights or claims are ranked below those of others, dealing with the distribution priority of debts between creditors.

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