South Carolina Subordination of Lien is a legal process that allows a creditor to reposition their claim to a lower priority position in relation to other liens on a property. This means that if a property owner defaults on their mortgage or other debt, the subordinated lien will have less priority and may not be paid until higher-priority liens are satisfied. This could occur when a property is being sold or refinanced. A Subordination of Lien may be necessary in situations where a property owner wants to take out a new loan or mortgage but has an existing lien that takes precedence over the new lender's claim. By obtaining a subordination agreement, the new lender can ensure that their loan will have priority over the existing lien, paving the way for the extension of credit. Different types of South Carolina Subordination of Lien include: 1. Mortgage Subordination: This type of subordination occurs when a property owner wishes to refinance their existing mortgage with a new lender. The existing mortgage lien needs to be subordinated to the new lender's lien so that the refinancing can take place. 2. Construction Lien Subordination: In the case of construction projects, subcontractors or suppliers may have filed a lien against the property to secure payment for their services or materials. When the property owner seeks additional financing for the project, these construction liens may need to be subordinated to the new lender's lien. 3. Judgment Lien Subordination: If a property owner has an outstanding judgment against them, the judgment creditor may have placed a lien on the property. When the property owner wants to obtain new financing, the judgment lien may need to be subordinated to the new lender's lien. Subordination of liens in South Carolina is typically accomplished through a legal agreement known as a subordination agreement. This agreement outlines the terms and conditions under which the lien will be subordinated and sets forth the priority of the liens. In summary, South Carolina Subordination of Lien is a legal process that allows a creditor to reposition their claim to a lower priority position. Mortgage subordination, construction lien subordination, and judgment lien subordination are the types of subordination that can occur in South Carolina. These subordination agreements are essential for property owners to obtain new financing or refinance existing loans, ensuring the orderly payment of liens.
South Carolina Subordination of Lien
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South Carolina requires payment to be made first, and that the lien waiver should be in writing. Both conditional and unconditional lien waivers are allowed, as long as the payment associated with the waiver has been met. South Carolina has no requirement that a written lien waiver must be notarized.
Example of a Subordination Agreement A standard subordination agreement covers property owners that take a second mortgage against a property. One loan becomes the subordinated debt, and the other becomes (or remains) the senior debt. Senior debt has higher claim priority than junior debt.
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.
Key Learning Points. Lien subordination takes place when two or more senior tranches of debt each have a lien on the collateral, but one tranche has first priority while the second has a residual claim. These are referred to as first lien and second lien.
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.
When you get a mortgage loan, the lender will likely include a subordination clause essentially stating that their lien will take precedence over any other liens placed on the house. A subordination clause serves to protect the lender if a homeowner defaults.
State tax liens are active for 10 years. You cannot sell or refinance your property until you pay off your tax lien and receive a clear title.
The lienholder should file a petition with the Court of Common Pleas for the county in which the property is located containing a statement of the contract on which the lien is based, the amount due, a description of the property subject to the lien and ?all other material facts and circumstances.? S.C.
