North Dakota Subordination of Mortgage and Attornment Agreement

State:
Multi-State
Control #:
US-OL20072
Format:
Word; 
PDF
Instant download

Description

This office lease form is an agreement entered into in connection with a certain loan which the lender has made to the landlord and secured, in part, by a mortgage, assignment of the leases and rents and security agreement on the premises. This form describes the issues of mortgage subordination and a tenants agreement to hold the land as the tenant of a new landlord.

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FAQ

High-yield bondholders primarily consider four types of subordination: Contractual subordination. Debt of the issuer that is defined as 'senior indebtedness' under the bond documentation is expressly senior in right of payment to the bonds. Collateral subordination. ... Structural subordination. ... Temporal subordination.

Broadly, there are two types of subordination: structural (common in the UK and mainland Europe) and contractual (common in the US). On a contractual subordination, loans are made to the same company but the senior creditor and junior creditor agree priority of payment by contract.

Get the terminology right In addition, a deed of priority usually addresses what steps each lender may take to enforce its security. Subordination deed ? this deals with the entitlement of the different creditors to receive payments .

A subordination agreement must be signed and acknowledged by a notary and recorded in the official records of the county to be enforceable.

A subordinate loan agreement is a legal document that establishes the order in which creditors are paid. If a borrower is behind in payments on multiple debts, they may be able to use a subordinated loan agreement to help lenders collect on those debts.

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.

Two types of subordination agreements are: Executory Subordination and Automatic Subordination. These differ in the timing of when priority rights are given and the contractual performance required by the subordinated party.

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.

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North Dakota Subordination of Mortgage and Attornment Agreement