Montana 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

When you get a mortgage loan, the lender will likely include a subordination clause essentially stating that their lien will take precedence over any other liens placed on the house. A subordination clause serves to protect the lender if a homeowner defaults.

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.

Subordinate Lien means any pledge, lien, security interest, encumbrance or charge of any kind on or in any Gross Revenues which is subordinate in priority and junior to the lien of the Indenture on or in such Gross Revenues. Sample 1. Subordinate Lien means any Lien securing the Subordinate Obligations.

Lien subordination refers to the order in which claims on collateral are prioritized. This takes place most often among senior secured lenders and does not imply that one tranche of senior debt has payment preference over another.

A subordinated loan is debt that's only paid off after all primary loans are paid off, if there's any money left. It's also known as subordinated debt, junior debt or a junior security, while primary loans are also known as senior or unsubordinated debt.

There are many examples of subordinate financing, but some of the most common include: Home Equity Loan. Home equity loans are a type of second mortgage and are taken out against the equity that you have built up in the home. ... Home Equity Line of Credit (HELOC). ... Other Second Mortgages.

A subordinate mortgage loan is any loan not in the first lien position. The subordination order goes by the order the loans were recorded. For example, your first mortgage (the mortgage used to buy the house) is recorded first because it's the first loan you borrow.

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.

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