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Aug 6th, 2022
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Subordination agreements are written compromises between lien holders to change the priority of their liens. When buyers obtain a mortgage loan to purchase a property, lenders often require a highest-priority lien.
Two types of subordination agreements are: Executory Subordination and Automatic Subordination. These differ in the timing of when priority rights are given and the contractual performance required by the subordinated party.
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 their payments or declares bankruptcy.
Heres an example of how subordination clauses in mortgage notes work for a better understanding: John decides to buy a house. Johns bank agrees to lend him the money to purchase a home on the condition that they take repayment priority. Johns bank uses a subordination clause to secure its rights.
A subordination agreement must be signed and acknowledged by a notary and recorded in the official records of the county to be enforceable.
Subordination agreements are common in mortgage refinancing deals. Heres an example of the process: Say you want to refinance your $300,000 first mortgage to get a lower interest rate. You also have a $75,000 HELOC on the property, which is a subordinate mortgage. Your house is worth $400,000.
Subordination agreement is a contract which guarantees senior debt will be paid before other subordinated debt if the debtor becomes bankrupt.
How to Use Subordination. Example: Because she got home late, she missed her dinner. Pattern: Because dependent clause, independent clause. Using coordination would show a weaker relationship: She got home late, and she missed her dinner.

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