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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.
Most first mortgage lenders won't fund a loan unless there is a subordination clause giving them first lien position. Typically, the subordination clause is only necessary when you refinance your mortgage.
If the subordination request is approved, the agreement will be executed by the home equity lender and recorded in the applicable land records. The subordination agreement serves to make the home equity line of credit subordinate to the newly obtained mortgage even though the new mortgage was recorded after it.
A subordinated loan agreement (SLA) must be filed with NFA at least ten days prior to the proposed effective date of the agreement.
Subordination agreements are used to legally establish the order in which debts are to be repaid in the event of a foreclosure or bankruptcy. In return for the agreement, the lender with the subordinated debt will be compensated in some manner for the additional risk.