South Carolina Subordination Agreement Subordinating Existing Mortgage to New Mortgage

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Multi-State
Control #:
US-0595BG
Format:
Word; 
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Description

A subordination agreement is an agreement which makes the claim of one party inferior to a claim in favor of another. Subordination agreement is a legal document by which a person who holds an otherwise senior interest agrees to subordinate that interest to a normally lesser interest.
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FAQ

Many people have a subordinate mortgage in the form of a home equity line of credit or home equity loan. A subordinate mortgage is secured by your property but sits in second position, if you have a primary mortgage, for getting paid in the event you default.

Many people have a subordinate mortgage in the form of a home equity line of credit or home equity loan. A subordinate mortgage is secured by your property but sits in second position, if you have a primary mortgage, for getting paid in the event you default.

Getting A Second Mortgage A second mortgage will become a subordinate loan. If you repay the primary loan within the term of the second mortgage, the second mortgage can take its place as the primary loan.

A subordinated loan is debt that's only paid off after all primary loans are paid off, if there's any money left. It's also known as subordinated debt, junior debt or a junior security, while primary loans are also known as senior or unsubordinated debt.

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

Any subsequent loan that is taken out after your initial purchase loan is considered to be a junior-lien or subordinate mortgage. Therefore, subordinate financing is the use of two or more mortgages to finance the purchase of real estate or using your home's equity for liquid cash.

Subordination clauses are most commonly found in mortgage refinancing agreements. Consider a homeowner with a primary mortgage and a second mortgage. If the homeowner refinances his primary mortgage, this in effect means canceling the first mortgage and reissuing a new one.

Again, if you're refinancing your first mortgage and the property also has a subordinate mortgage, the refinancing lender will usually handle the process of getting the necessary subordination agreement. But you need to ensure that the required subordination agreement is completed before the new loan's closing date.

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South Carolina Subordination Agreement Subordinating Existing Mortgage to New Mortgage