North Carolina Subordination Agreement of Deed of Trust

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Multi-State
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US-00185
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Word; 
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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.

A North Carolina Subordination Agreement of Deed of Trust is a legal document used to modify the priority status of an existing deed of trust in relation to another debt or lien. This agreement is commonly employed in real estate transactions, where it allows for the adjustment of lien priority to accommodate new financing or to facilitate a refinancing arrangement. In simple terms, a subordination agreement places one debt or lien in a lower position, or subordinated position, in terms of priority compared to another debt or lien. This is typically done to enable a borrower to secure additional financing using the same property as collateral without jeopardizing the first lender's security interest. Keywords associated with a North Carolina Subordination Agreement of Deed of Trust include: subordination agreement, deed of trust, lien priority, real estate, refinancing, collateral, debt, lender, borrower, financing, security interest. In North Carolina, there are primarily two types of subordination agreements associated with a deed of trust: 1. Intercreditor Subordination Agreement: This type of agreement is executed when multiple lenders are involved in a real estate transaction. It outlines the lien priority and subordination terms between the lenders to establish the order in which they will be repaid in the event of default or foreclosure. It ensures clarity and protection for all parties involved. 2. Subordination Agreement for Refinancing: This agreement type is used when a borrower seeks to refinance their existing loan while keeping the original deed of trust intact. By signing this agreement, the borrower requests that the existing lender agrees to subordinate their lien to the new lender's interest. This allows the new lender to take the first position in terms of lien priority, ensuring their security interest in the property. Understanding and implementing a North Carolina Subordination Agreement of Deed of Trust is crucial for lenders, borrowers, and other parties involved in real estate transactions. It helps protect the rights of all parties and ensures transparency in lien priority and security interests.

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FAQ

Understanding Subordination Clauses 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.

The majority of the time a deed of trust is used in a real estate transaction in North Carolina, it will be a purchase money mortgage, or a mortgage issued to the borrower by the seller of the home as part of the purchase transaction, unlike a traditional mortgage which is obtained through a bank.

Subordinate Deed of Trust means the deeds of trust granted by Borrower to secure the obligation of Borrower to repay the Subordinate Loan.

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.

A North Carolina deed of trust is a real estate transfer instrument between a lender, borrower, and a trustee whereby a property title is transferred as collateral for a loan to purchase real estate. The title is maintained by the trustee until the borrower (property owner) returns the entire loan amount to the lender.

Who Benefits from a Subordination Clause? A subordination clause is meant to protect the interests of the primary lender. A primary mortgage usually covers the cost of purchasing the home; however, if there is a secondary mortgage, the clause ensures that the primary lender retains the number one priority.

The trustor. The borrower (trustor) benefits the most from a subordination clause since this makes it easier to obtain an additional loan on their property.

TL;DR: A subordination clause is a provision in a contract that prioritizes the repayment of liens on a title. Some lenders will use the subordination clause to ensure that they will have top priority when the borrower is making payments.

More info

WHEREAS, New Lender has agreed to lend to Borrower the sum of $. , said loan to be secured by a deed of trust upon condition that said Existing Deed of Trust be ... Required elements for a document to be an insurable Deed of Trust: a. Must be in writing. b. Must be dated, the same date as the Note.WHEREAS, Borrower has requested that the County consent to the filing of the RPP. Deed of Trust, the RPP Deed Restrictions and the RPP UCC as a lien and to ... Owner hereby agrees that any and all requirements of the laws of the State of North Carolina to be satisfied in order for the ... Deed of Trust is subordinated ( ... THIS AMENDED AND RESTATED DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND LEASES AND FIXTURE FILING (NORTH CAROLINA) (this “Deed of Trust”) is dated ... 24-Mar-2023 — A subordination agreement must be signed and acknowledged by a notary and recorded in the official records of the county to be enforceable. The Subordinated Debt will be secured by all assets of the Borrowers pursuant to the terms of the Asset Purchase Agreement, ANGD Note and all documents related ... NC COURT OF APPEALS HOLDS GENERAL CONTRACTOR'S SUBORDINATION AGREEMENT IS ENFORCEABLE IN PUTTING LENDER FIRST IN LINE BEFORE LENDER'S DEED OF TRUST RECORDED. Name of the Trustee for the new Deed of Trust (if known):; Lender name ... Company name (this is where the subordination agreement will be sent):. Mailing ... This Owner/Contractor Affidavit, Indemnity and Lien Subordination Agreement (the “Agreement”) form is for use with any title insurer (the “Company”) regarding ...

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North Carolina Subordination Agreement of Deed of Trust