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How to Redact Subordination Agreement

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hello everybody its Zach here from youll see a licensed wizard calm today were talking about the subordination clause also known as the subordinate clause subordination real estate finance banking refers to the order of priorities and claims for ownership for assets subordination clause is the legal agreement which establishes the order of priorities in the form of a clause within contract but more on that later as always in this video were going to talk about the definition how it does its real estate and what to remember for the real estate exam but before we define the clause today I just want to make sure you understand what a clause is those who dont know cautious identifies a particular section of a real estate contract and real estate there are many different types of clauses so its super important that you understand them and are able to distinguish which is which not only for your career but for the exam too so lets define the clause were talking about today the subor

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What is the point of a subordination?

Understanding Subordination Clauses A subordination clause serves to protect the lender if a homeowner defaults. If this happens, the lender then has the legal standing to repossess the home and cover their loans outstanding balance first.

What is a subordination adjustment?

To adjust the priority of a loan in the event of default, a lender may demand a subordination clause, without which loans take chronological precedence. A subordination clause effectively makes the current claim in the agreement senior to any other agreements that come along after the original agreement.

Is a subordination agreement a lien?

A subordination agreement refers to a legal agreement that prioritizes one debt over another for securing repayments from a borrower. The agreement changes the lien position. A lien is a right allowing one party to possess a property of another party who owns a debt until the debt is dissolved.

Does a subordination agreement need to be recorded?

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

What should be in a subordination agreement?

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

What are the advantages of subordination?

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.

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 the purpose of a subordination agreement?

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.

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