New Mexico Subordination Agreement with no Reservation by Lienholder

State:
Multi-State
Control #:
US-OG-139
Format:
Word; 
Rich Text
Instant download

Description

This form provides for a lienholder to subordinate all its interests in liens created by a deed of trust or mortgage, to an oil and gas lease on the lands that are the subject of the lien.

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FAQ

Subordination agreements ensure that a primary lender will be paid in the event the borrower takes on more debt. As with most legal documents, subordination agreements need to be notarized in order to be official in the eyes of the law.

Who Executes a Subordination Agreement? The new lender prepares the subordination agreement in conjunction with the subordinating lienholder. Then, the parties typically sign the agreement.

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.

A subordination agreement prioritizes debts, ranking one behind another for purposes of collecting repayment from a debtor in the event of foreclosure or bankruptcy. A second-in-line creditor collects only when and if the priority creditor has been fully paid.

A Subordination Agreement is a legal document that establishes the priority of liens or claims against a specific asset.

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.

Subordination agreements may be included in existing deeds of trust or may be outlined in an independent contract. In situations where two deeds of trust are being recorded concurrently, the lien priority is typically handled by instructing the title company as to which security instrument will be recorded first.

A subordinated loan agreement (SLA) must be filed with NFA at least ten days prior to the proposed effective date of the agreement.

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New Mexico Subordination Agreement with no Reservation by Lienholder