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Remove Selected Option to the Subordination Agreement

Remove Selected Option to the Subordination Agreement and eSign it in minutes

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.

Is a subordinate mortgage a second mortgage?

A subordination agreement is an agreement with any second mortgage, HELOC or other lienholders to subordinate their debt to the primary mortgage. Again, you dont have to worry about creating or executing this agreement, but youll likely see it at the closing.

What is the reason for lien subordination?

Lien subordination takes place when two or more senior tranches of debt each have a lien on the collateral, but one tranche has first priority while the second has a residual claim. These are referred to as first lien and second lien.

Can I refinance with a subordinate lien?

Many lenders will only offer you mortgages if their loan will be in the primary position. If you have unpaid subordinate liens, you would have to ask those lien holders if they would be willing to be subordinate to your prospective new mortgage something they may or may not be willing to do.

What does subordination mean in loan 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 their payments or declares bankruptcy.

Can you remove someone from a loan without refinancing?

If you cant refinance your existing mortgage, your lender may require you to pay off the loan in full in order to remove someone from a mortgage. This closes out the loan and removes your name as well as any co-borrower or co-signer from the mortgage.

What happens when you subordinate a loan?

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. If other subordinate mortgages are involved, the secondary liens will take a backseat in this process.

Why would a lender agree to a subordination agreement?

Purpose of a Subordination Agreement A subordination agreement is generally used when there are two mortgages and the mortgagor needs to refinance the first mortgage. It acknowledges that one partys interest or claim is superior to another in case the borrowers assets need to be liquidated to repay debts.

Can you remove a subordinate loan?

In most cases, the best path to removal is making an Offer In Compromise which resolves the SBA subordinate lien for pennies on the dollar, and once that is settled the lien will be released, and the offer value of the property returned to the owner.

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