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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.
If the propertys value drops or the refinanced loan is greater than the previous loan, the second lender may refuse to subordinate. As such, homeowners may face difficulty in refinancing the mortgage. Additionally, due to the risk involved, second mortgages usually carry a higher interest rate.
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.
A mortgage subordination refers to the order the outstanding liens on your property get repaid if you stop making your mortgage payments. For example, your first home loan (primary mortgage) is repaid first, with any remaining funds paying off additional liens, including second mortgages, HELOCs and home equity loans.
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.
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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.
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.
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.
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.
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.

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