North Dakota Subordination of Lien (Deed of Trust/Mortgage to Right of Way)
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How to fill out Subordination Of Lien (Deed Of Trust/Mortgage To Right Of Way)?
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FAQ
Subordination is a way of changing the priority of claims against a debtor so that one creditor or group of creditors (the junior creditor(s)) agree that their debt will not be paid until debts owed to another creditor or group of creditors (the senior creditor(s)) have been paid.
To adjust their priority, subordinate lienholders must sign subordination agreements, making their loans lower in priority than the new lender. A subordination agreement puts the new lender into first position and reassigns an existing mortgage to second position or third position, and so on.
Since it's recorded after any HELOCs or second mortgages you already have in place, the first mortgage would naturally take a lower lien position. Most lenders won't allow this, so this could cause you to lose your loan approval if the second mortgage holder won't agree to subordinate.
Subordination. This Security Instrument is and shall be automatically subordinate to a loan made to Borrower evidenced by a purchase money promissory note and secured by a first deed of trust (the ?First Deed of Trust?) recorded concurrently herewith on the Property.
The creditor usually will require the debtor to sign a subordination agreement which ensures they get paid before other creditors, ensuring they are not taking on high risks.
Subordination is the act or process by which one person or creditor's rights or claims are ranked below those of others, dealing with the distribution priority of debts between creditors.
A subordination agreement must be signed and acknowledged by a notary and recorded in the official records of the county to be enforceable.
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.
