Texas Subordination Agreement With Release of Lien As to Leasehold Estate

State:
Multi-State
Control #:
US-OG-410
Format:
Word; 
Rich Text
Instant download

Description

This form is used when Lienholder subordinates all liens created by the (Mortgage/Deed of Trust) to the Lease and releases the leasehold estate created by the Lease from all liens created by the (Mortgage/Deed of Trust) and all extensions and renewals of the liens. Lienholder does not waive or release any of its rights under the (Mortgage/Deed of Trust) on or against any royalty interest reserved by the Lessor.

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FAQ

The Subordination Clause. A subordination clause is a lease provision whereby the tenant subordinates its possessory interest in the leased premises to a third-party lender, usually a bank (the rights of the tenant are thus subject to the rights of the lender).

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.

Understanding Subordination Clauses 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.

The party that primarily benefits from a subordination clause in real estate is the lender. However, if you decide to pursue a second mortgage, then the subordination clause prioritizes the first lender's repayment and contract rights. The most common application of subordination clauses is when refinancing a property.

To adjust the priority of a loan in the event of default, a lender may demand a subordination clause, without which loans take chronological precedence. A subordination clause effectively makes the current claim in the agreement senior to any other agreements that come along after the original agreement.

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

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Texas Subordination Agreement With Release of Lien As to Leasehold Estate