South Carolina Subordination Agreement of Deed of Trust

State:
Multi-State
Control #:
US-00185
Format:
Word; 
Rich Text
Instant download

Description

This agreement allows one lien holder to subordinate its deed of trust to the lien of another lien holder. For valuable consideration, a particular deed of trust will at all times be prior and superior to the subordinate lien.

A South Carolina Subordination Agreement of Deed of Trust is a legal document that establishes the priority and hierarchy of multiple liens and encumbrances on a property. This agreement is most commonly used in real estate transactions when a property owner seeks additional financing or refinancing options. In the state of South Carolina, there are two main types of Subordination Agreement of Deed of Trust: 1. First Lien Subordination Agreement: This agreement is entered into when the property owner wants to obtain additional financing or refinancing, but there is already an existing first mortgage or deed of trust on the property. By signing this agreement, the first lien holder agrees to subordinate their lien to the new lender, allowing the new lender to hold a higher priority position in case of foreclosure or other legal proceedings. Keywords: South Carolina, Subordination Agreement of Deed of Trust, first lien, additional financing, refinancing, first mortgage, higher priority, foreclosure, legal proceedings. 2. Junior Lien Subordination Agreement: This type of agreement is executed when there are multiple liens on a property, and the property owner wants to establish the priority order among the various junior liens. By signing this agreement, the junior lien holders voluntarily subordinate their liens, giving priority to another specific lien. This document is commonly used in scenarios where the property owner is looking to sell the property or obtain refinancing, but the existence of multiple liens can hinder the transaction. Keywords: South Carolina, Subordination Agreement of Deed of Trust, junior lien, priority order, junior lien holders, sell property, refinancing, multiple liens, hinder transaction. In both types of Subordination Agreement of Deed of Trust, it is crucial for all parties involved to fully understand their rights and obligations, as well as the potential implications of subordinating their lien. The agreement should clearly outline the terms and conditions, including any necessary consent from other lien holders and the process for releasing the subordination in the future, if applicable. Keywords: South Carolina, Subordination Agreement of Deed of Trust, rights, obligations, implications, lien holders, terms, conditions, consent, releasing subordination.

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How to fill out South Carolina Subordination Agreement Of Deed Of Trust?

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FAQ

TL;DR: A subordination clause is a provision in a contract that prioritizes the repayment of liens on a title. Some lenders will use the subordination clause to ensure that they will have top priority when the borrower is making payments.

A Subordination Agreement is a legal document that establishes the priority of liens or claims against a specific asset. It is commonly used in the context of real estate transactions, but can also be applied to other types of assets.

The new lender prepares the subordination agreement in conjunction with the subordinating lienholder. Then the parties typically sign the agreement. But in some cases, just the subordinating lender will need to sign the paperwork.

A Subordination Agreement focuses on creditor priorities and security claims, providing legal certainty to creditors when assessing repayment risk. If a credit event (or default) occurs, a subordination agreement provides a senior lender superior repayment rights than the subordinated lender.

A subordination clause is a clause in an agreement that states that the current claim on any debts will take priority over any other claims formed in other agreements made in the future.

The trustor. The borrower (trustor) benefits the most from a subordination clause since this makes it easier to obtain an additional loan on their property.

A South Carolina deed of trust designates a trustee as a property's legal owner until the original owner's (the ?borrower?) debt to a lender is paid. Property conveyed in a deed of trust is returned to the borrower once the loan made via a promissory note is settled.

Who Benefits from a Subordination Clause? A subordination clause is meant to protect the interests of the primary lender. A primary mortgage usually covers the cost of purchasing the home; however, if there is a secondary mortgage, the clause ensures that the primary lender retains the number one priority.

More info

Manner and form of recordation of contract affecting recorded lien on real property. The recordation of any contract in the nature of a subordination, waiver or ... Send complete package to: assistance@schelp.gov or fax to 803.551.4961. The subordination agreement, short sale or deed in lieu will be provided within 3-5 ...The filing of this satisfaction shall satisfy or release the lien of the mortgage or deed of trust. I hereby certify that the within and foregoing was recorded in the Clerk's Office For: Berkeley County, SC. File Information: Document Number: 2010-00010296. Mar 24, 2023 — A subordination agreement must be signed and acknowledged by a notary and recorded in the official records of the county to be enforceable. How to fill out South Carolina Lease Subordination Agreement? Creating papers isn't the most simple process, especially for those who rarely work with legal ... I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: The Company requires for its review a satisfactory Deed of Trust by the proposed mortgagor. The Deed of Trust must then be signed, delivered, and recorded. ORIGINAL DOCUMENT INFORMATION AND. RECORDING DATA. TIMBER CONTRACT/DEED/SALE. SIGNATURE OF PERTINENT PARTIES. $15.00. 2 WITNESSES. (REVENUE IS DUE ON THE AMOUNT ... Provisions on the face of deeds of trust/mortgages that 'this loan will be subordinate to a construction loan&' must be considered suspect. In the first ...

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South Carolina Subordination Agreement of Deed of Trust