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Subordination agreements are prepared by your lender. The process occurs internally if you only have one lender. When your mortgage and home equity line or loan have different lenders, both financial institutions work together to draft the necessary paperwork.
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.
Subordination agreement is a contract which guarantees senior debt will be paid before other subordinated debt if the debtor becomes bankrupt.
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.
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.
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A subordination clause serves to protect the lender in case you default. If a default happens, the lender would have the legal standing to repossess the home and cover their loans outstanding balance first. If there are other subordinate mortgages involved, the secondary liens will take the backseat in this process.
In executory subordination agreement, a subordinating party agrees to subordinate his/her interest to the security interest of another succeeding instrument. Such an agreement may become difficult to impose later on since it is only a promise of agreeing in the future.
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.
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.
- A subordination agreement is an agreement between two lien holders to modify the order of lien priority.

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