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Subordination Agreement in Real Property

September 8, 2022 By Admin

When it comes to real property ownership, there are many legal documents and agreements that need to be considered. One of these agreements is a subordination agreement.

A subordination agreement is a legal document that clarifies the order of priority for liens on a property. This agreement is often necessary when there are multiple liens on a property such as mortgages, tax liens, and mechanics liens.

The purpose of a subordination agreement is to determine which lien has priority over the others. For instance, a subordination agreement can be used to give a new mortgage priority over an existing one. This can be advantageous for the borrower seeking new financing, as it allows them to obtain a lower interest rate.

Subordination agreements can also be beneficial for lenders. By agreeing to a subordination agreement, they are able to ensure that their lien will be given priority in the event of a default on the property. This reduces the risk for the lender and can help them avoid a potential loss.

In order for a subordination agreement to be effective, it must be recorded on the property’s title and acknowledged by all parties involved. The agreement must also comply with local and state laws.

It is important to note that subordination agreements can be complex and should be reviewed by an experienced real estate attorney. They can help ensure that the agreement is legally sound and protects the interests of all parties involved.

In conclusion, a subordination agreement is a legal document that can help clarify the order of priority for liens on a property. This can be beneficial for both borrowers and lenders and should be considered during the real property ownership process. If you are considering a subordination agreement, seek the advice of a qualified real estate attorney to ensure that your interests are protected.