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How do subordination agreements work?
Anonymous8 views3 answers
I was reading a little bit about subordination agreements and it raised a question in my head. Why would anyone willingly agree to subordinate their position as a lien holder? What's it in for them? This is in regard to either liens on real estate or personal property.
When a loan is created and intended as a second mortgage (and sold to the secondary market as second mortgage, the interest rate and other terms are calculated to factor in the additional risk of being second in line. If something happens which results in its accidentally getting into first position, or if the first mortgagee is refinancing or otherwise changing the first mortgage, a subordination agreement is needed to make sure the lien priority doesn't get mixed up. There is no benefit to executing one, it is an accommodation that is typically made. In some cases it is necessary to avoid a lawsuit (such as if the second becomes first in error). So long as the second suffers no detriment by being second to a larger first, it is generally agreed to.
This is usually done for second mortgages, is an lines of credits, that have language in them agreeing to be in second position. When there is a first and second mortgage and the first gets paid off, the second remains there with no superior lean and moves into first position. If the homeowner then desires to get a Nother loan, the second mortgage company signs a subordination agreement to again be put back in second position. Mortgages take superiority according to when they are recorded. Hope this helps