Set index in the Subordination Agreement effortlessly

Aug 6th, 2022
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How to Set index in the Subordination Agreement

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hi everyone welcome back to ask the instructor presented by campus mortgage todays question is what is a subordination agreement and when is it required great question as a senior underwriter here are my thoughts a subordination agreement is a legal document that is required to prioritize one mortgage lien over another for example if a borrower currently only has a home equity line of credit on their home but would like to refinance their home to help consolidate debt a subordination agreement would be required if the borrowers would like to keep their current home equity line of credit open the subordination agreement will place the new mortgage in a first lean position and the home equity line of credit in a second lean position this concludes our one minute video as always dont forget to download our course catalog at campusmortgage.org

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Key Takeaways. A subordination agreement prioritizes collateralized debts, ranking one behind another for purposes of collecting repayment from a debtor in the event of foreclosure or bankruptcy. A second-in-line creditor collects only when and if the priority creditor has been fully paid.
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.
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.
Key Takeaways. A subordination agreement prioritizes collateralized debts, ranking one behind another for purposes of collecting repayment from a debtor in the event of foreclosure or bankruptcy. A second-in-line creditor collects only when and if the priority creditor has been fully paid.
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.
Purpose of a Subordination Agreement For example, the contracted ranking of debt and claims may supersede chronological registrations (i.e., first to file a mortgage interest ahead of another claim against a property). The senior lender is paid first, and their claim is settled before the junior lender is repaid.
When you get a mortgage loan, the lender will likely include a subordination clause essentially stating that their lien will take precedence over any other liens placed on the house. A subordination clause serves to protect the lender if a homeowner defaults.
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.

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