North Carolina Subordination of Lien (Deed of Trust/Mortgage)

State:
Multi-State
Control #:
US-OG-1211
Format:
Word; 
Rich Text
Instant download

Description

This form is a subordination of lien for deed of trust or mortgage.

How to fill out Subordination Of Lien (Deed Of Trust/Mortgage)?

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FAQ

Because North Carolina is not a super lien state, a bank foreclosure will take priority over a community association's lien and does not require the lender to provide any compensation to the association for unpaid assessments.

South Carolina is a race-notice state. This means that the first person recording the title to a particular piece of land is considered to be the landowner. It is imperative that you record the deed as soon as possible. A plat has no time limit unless the property is being subdivided for sale.

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.

Race statutes are extremely rare because it is generally viewed as unfair to protect a party who had actual notice of a prior conveyance. Currently, Delaware, North Carolina, and Louisiana are the only jurisdictions where a race statute is in effect.

Subordination is the process whereby one party is allowed to have a higher priority in potentially competing claims. Thus, the title insurance company and/or bank want to be ahead of any other potential claimant who has provided labor and/or materials.

Delaware, Louisiana, and North Carolina are Race statute states. This means that the first to record without notice wins. In these states, Buyer 1 would prevail.

It is considered a tax lien state. The rules are different. To be successful, auction buyers must understand and investigate the process for each state and each county. For example, at the North Carolina auctions the highest bidder will receive a notice they have won the auction.

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.

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North Carolina Subordination of Lien (Deed of Trust/Mortgage)