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Security subordination means that the subordinated lender agrees that its security interest in the shared collateral is fully subordinated to the security interest of the senior lender.
Most notably, an unperfected security interest is subordinate (lower priority) to a lien creditor (such as a plaintiff receiving a judgment against the debtor) or the trustee in the event of bankruptcy.
Your failure to perfect a security interest may result in a secured creditor with a blanket lien or a bankruptcy trustee or debtor-in-possession obtaining title to your property.
Assignment and Release: A secured party may, at its discretion, assign part or all of a security interest to another party and/or release part or all of the collateral covered by a security interest.
A security interest means that if you don't make the mortgage payments as agreed, or if you break your agreement with the lender, the lender can take your home and sell it to pay off the loan. You give the lender this right when you sign your closing forms.
When a secured loan is unperfected, the creditor has failed to properly take one or more steps to make its interest in the collateral safe from later third parties.
Being a perfected secured creditor establishes the priority of the seller's security interest in the collateral, thus providing protection against a buyer's future secured creditors, judgment creditors, tax liens, etc. An unperfected secured creditor seller, by contrast, does not have lien priority protection.
In order for a security interest to be enforceable against the debtor and third parties, UCC Article 9 sets forth three requirements: Value must be provided in exchange for the collateral; the debtor must have rights in the collateral or the ability to convey rights in the collateral to a secured party; and either the ...