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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.
We briefly discuss three types of agreements below. An executory subordination agreement is an agreement under which the subordinating party, like the seller of land, agrees to execute a subsequent instrument subordinating his or her security interest to another security interest, like the lien of a construction loan.
Who Benefits from a Subordination Clause? A subordination clause is meant to protect the interests of the primary lender. A primary mortgage usually covers the cost of purchasing the home; however, if there is a secondary mortgage, the clause ensures that the primary lender retains the number one priority.
Subordinate clauses fall into three categories: direct objects, a noun modifier, or a verb modifier.
Lenders almost always decline subordination requests because subordinating a mortgage means another loan or debt is repaid in full before the mortgage is repaid. Subordinating a mortgage exposes the lender to more risk in the event you default on the loan.
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When you take out a mortgage loan, the lender will likely include a subordination clause. Within this clause, the lender essentially states that their lien will take precedence over any other liens placed on the house. A subordination clause serves to protect the lender in case you default.
Example of a Subordination Agreement The business files for bankruptcy and its assets are liquidated at market value$900,000. The senior debtholders will be paid in full, and the remaining $230,000 will be distributed among the subordinated debtholders, typically for 50 cents on the dollar.
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.
Through subordination, lenders assign a lien position to these loans. Generally, your mortgage is assigned the first lien position while your HELOC becomes the second lien. Why does subordination matter? In a foreclosure, your mortgage and HELOC must be paid off with the equity in your home.
The most common application of subordination clauses is when refinancing a property. Refinancing occurs when the original loan is paid in full, and a new loan provider structures the agreement under a new interest rate.

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