Oregon Subordination Agreement - Lien

State:
Multi-State
Control #:
US-00640
Format:
Word; 
Rich Text
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Description

A request has been made by a second lienholder to the first lienholder that the first deed of trust or mortgage be subordinate to the second deed of trust of mortgage.
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FAQ

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

Statute of Limitation on Tax Collection However, the statute of 10 years limitation on judgment liens begins to run on a tax lien as soon as the tax warrant is filed pursuant to ORS 314.430. Such lien may be renewed by court order without loss of priority.

Property owners can be forced to pay the lien holder (the person claiming the lien) or face a potential court order to sell the property for payment. Property owners can be liable if the general contractor does not pay subcontractors, employees, materials suppliers, and equipment rental companies.

A lien that has priority over another lien is called a "superior" lien. A low-priority lien is called a "junior" lien. If a home has more than one lien, priority determines the lienholders' rights following a foreclosure sale.

Tax liens are involuntary and occur when a homeowner does not pay their federal, state, or local taxes. If this happens, a tax lien is placed against your property. This lien takes priority over all other liens and stays there until the debt is completely paid.

Liens generally follow the "first in time, first in right" rule, which says that whichever lien is recorded first in the land records has higher priority than later recorded liens. For example, a mortgage has priority over a judgment lien if the lender records it before the judgment creditor records its lien.

No lien for materials or supplies shall have priority over any recorded mortgage or trust deed on either the land or improvement unless the person furnishing the material or supplies, not later than eight days, not including Saturdays, Sundays and other holidays as defined in ORS 187.010 (Legal holidays), after the ...

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.

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Oregon Subordination Agreement - Lien