Kansas Subordination Agreement of Deed of Trust

State:
Multi-State
Control #:
US-00185
Format:
Word; 
Rich Text
Instant download

Description

This agreement allows one lien holder to subordinate its deed of trust to the lien of another lien holder. For valuable consideration, a particular deed of trust will at all times be prior and superior to the subordinate lien.

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FAQ

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.

Not all states recognize a Trust Deed. Use a Mortgage Deed if you live in: Connecticut, Delaware, Florida, Indiana, Iowa, Kansas, Louisiana, New Jersey, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, Vermont, or Wisconsin.

Mortgages are used, but they are rare. A security deed (deed to secure debt) is the customary security instrument in Georgia. Georgia does not use a Deed of Trust. Two witnesses are required to witness the signature of the grantor for a security deed to be recorded.

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 payments or declares bankruptcy.

A mortgage secures a lien on real property. Deeds of trust are not used in New Jersey.

Mortgage States and Deed of Trust States StateMortgage StateDeed of Trust StateKansasYKentuckyYYLouisianaYMaineY47 more rows

Deeds from Trusts Deeds that transfer Kansas real estate from a trust often state that the new owner recognizes that the trustee is acting as trustee and that the new owner cannot sue the trustee personally for breach of warranty.

It is an arrangement that alters the lien position. Without a subordination clause, loans take chronological priority which means that a deed of trust recorded first will be considered senior to all deeds of trusts recorded after.

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Kansas Subordination Agreement of Deed of Trust