Indiana Detailed Subordination Provision

State:
Multi-State
Control #:
US-OL20022B
Format:
Word; 
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Description

This office lease form is a more detailed, more complicated subordination provision stating that subordination is conditioned on the landlord providing the tenant with a satisfactory non-disturbance agreement.

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FAQ

Your HELOC becomes the first lien, and your new mortgage becomes the second lien. Unsurprisingly, mortgage lenders don't like the risk associated with a second lien. A subordination agreement allows them to reassign your mortgage to first lien and your HELOC to second lien position.

A subordination agreement is a legal document that establishes one debt as ranking behind another in priority for collecting repayment from a debtor. The priority of debts can become extremely important when a debtor defaults on their payments or declares bankruptcy.

A subordination clause is a clause in an agreement that states that the current claim on any debts will take priority over any other claims formed in other agreements made in the future. Subordination is the act of yielding priority.

Broadly, there are two types of subordination: structural (common in the UK and mainland Europe) and contractual (common in the US). On a contractual subordination, loans are made to the same company but the senior creditor and junior creditor agree priority of payment by contract.

A subordinated loan is any type of loan which is repaid only after the senior debt has been fully repaid in a situation where a borrower defaults on their loan obligations. Subordinated loans are risker than senior loans and therefore command a higher interest rate.

Example of a Subordination Agreement A standard subordination agreement covers property owners that take a second mortgage against a property. One loan becomes the subordinated debt, and the other becomes (or remains) the senior debt. Senior debt has higher claim priority than junior debt.

A subordination agreement must be signed and acknowledged by a notary and recorded in the official records of the county to be enforceable.

A subordination clause serves to protect the lender if a homeowner defaults. If this happens, the lender then has the legal standing to repossess the home and cover their loan's outstanding balance first.

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Indiana Detailed Subordination Provision