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- A subordination agreement is an agreement between two lien holders to modify the order of lien priority.
Subordination agreements are usually carried out when property owners take a second mortgage on their property. As a result, the second loan becomes the junior debt, and the primary loan becomes the senior debt.
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.
A subordination clause is a lease provision whereby the tenant subordinates its possessory interest in the leased premises to a third-party lender, usually a bank (the rights of the tenant are thus subject to the rights of the lender).
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.
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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.
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.
In case the borrower places other liens against the asset, such as a second mortgage, the lender would require a subordination agreement to protect its interests.
Subordinations are, essentially, a way for a lender to ensure that their lien takes priority over any other liens a customer may have on their property. This process costs money, which is what you pay for in a subordination fee. This fee may apply to a mortgage refinance, depending on your circumstances.
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.

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