Idaho Agreement to Subordinate Lien Between Lienholder and Lender Extending Credit to Owner of Property Subject to Lien

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Multi-State
Control #:
US-01052BG
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Word; 
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Description

Different liens on the same property usually have priorities according to the time of their creation. To achieve the subordination of a prior lien, there must be an actual agreement to that effect.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Examples of a purchase-money security interest lien include a first mortgage on a home, a car loan, and situations in which the seller finances the purchase of property, such as furniture, through a credit agreement.

45-520. Release of lien on real property by posting surety bond ? Petition for release ? Service of copy of petition.

Subordinate Lienholder means the holder of any lien, including a Mortgage, perfected subsequent to the recording of a Mortgage under this title. Sample 1. Subordinate Lienholder means the holder of a subordinate lien shown on the face of the pleadings as an encumbrance on the property.

A judgment lien in Idaho will remain attached to the debtor's property (even if the property changes hands) for five years.

45-501. Right to lien. For purposes of this chapter the term "furnishing material" shall also include, notwithstanding any other provision of law to the contrary, supplying, renting or leasing equipment, materials or fixtures as defined in section 28-12-309, Idaho Code.

In Idaho, there is a set order for which party's mechanics lien takes priority. Laborers' claims take first priority. Next in line are material men, followed by subcontractors, then the prime contractor, and then engineers/surveyors.

45-507. Claim of lien. (1) Any person claiming a lien pursuant to the provisions of this chapter must file a claim for record with the county recorder for the county in which such property or some part thereof is situated.

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Idaho Agreement to Subordinate Lien Between Lienholder and Lender Extending Credit to Owner of Property Subject to Lien