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Is a subordination agreement recorded before or after the new mortgage?
The first mortgage company needs to be disclosing the subordination fee as paid before closing if they are paying you directly outside of closing and they are requiring your loan to be subordinated as a condition of the loan.
Who are the parties to a subordination agreement?
The Borrower: This is the individual or business that has taken out the loans. The Senior Lender: The current lender having the first rights to any payout in the event of default. The Junior Lender: The lender that will become the senior lender once the subordination agreement comes into effect.
What is an example of a subordination clause?
Subordination agreements ensure that a primary lender will be paid in the event the borrower takes on more debt. As with most legal documents, subordination agreements need to be notarized in order to be official in the eyes of the law.
Who prepares a subordination agreement?
Typically, the new lender will prepare the subordination agreement, working with the subordinating lienholder. In some cases, both parties will sign the agreement but in others, only the subordinating lender will need to sign.
What is required for a subordination agreement?
A subordination agreement must be signed and acknowledged by a notary and recorded in the official records of the county to be enforceable.
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Apr 3, 2001 This subordination provision shall apply with respect to all of the SENIOR DEBT, regardless of how or in what manner the SENIOR DEBT is incurred
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