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Aug 6th, 2022

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Got questions?

Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.

Do you need a subordination agreement for a HELOC?

The refinanced loan naturally falls into the second lien position when you refinance. But the lender will likely require a subordination agreement with your HELOC lender to put the HELOC in second position and the newly refinanced loan in first position.

Are subordination agreements recorded?

The signed agreement must be acknowledged by a notary and recorded in the official records of the county to be enforceable.

Is a subordination agreement docHubd?

Subordination Agreement: In Conclusion Subordination agreements ensure that a primary lender will be paid in the event the borrower takes on more debt. As with most legal documents, subordination agreements need to be docHubd in order to be official in the eyes of the law.

What is a subordination agreement example?

Example of a Subordination Agreement A standard subordination agreement covers property owners that take a second mortgage against a property. One loan becomes the subordinated debt, and the other becomes (or remains) the senior debt. Senior debt has higher claim priority than junior debt.

How do I get a subordination agreement?

Subordination agreements are prepared by your lender. The process occurs internally if you only have one lender. When your mortgage and home equity line or loan have different lenders, both financial institutions work together to draft the necessary paperwork.

Who benefits from a subordination clause?

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 document?

Subordination agreement is a contract which guarantees senior debt will be paid before other subordinated debt if the debtor becomes bankrupt.

What is an example of subordination in real estate?

Subordination clauses are most commonly found in mortgage refinancing agreements. Consider a homeowner with a primary mortgage and a second mortgage. If the homeowner refinances his primary mortgage, this in effect means canceling the first mortgage and reissuing a new one.

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