Utah Subordination Agreement of Deed of Trust

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Multi-State
Control #:
US-00185
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Word; 
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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 Utah Subordination Agreement of Deed of Trust is a legal document that outlines the agreement between multiple lenders and borrowers regarding the priority of their liens on a property. This document is commonly used in real estate transactions to clarify the order in which different creditors will be repaid in the event of a default or foreclosure. Keywords: 1. Utah: This refers to the state of Utah, indicating that the agreement complies with the specific laws and regulations of Utah. 2. Subordination Agreement: The document is focused on establishing the hierarchy or priority of debts secured by a property. 3. Deed of Trust: It refers to a legally binding document that grants a creditor a security interest in a property, serving as collateral for a loan. 4. Lenders: Refers to financial institutions or individuals who provide funds to borrowers with the expectation of being repaid with interest. 5. Borrowers: Individuals or entities who receive funds from lenders and commit to repay the loan amount with agreed-upon terms and conditions. 6. Liens: Legal claims or encumbrances on a property that serve as security for a debt or loan. 7. Priority: Indicates the order in which creditors will be repaid from the proceeds of a foreclosure or sale of the property. 8. Default: Occurs when a borrower fails to meet their loan obligations as agreed, such as missing payments or breaching the terms of the loan agreement. 9. Foreclosure: The legal process by which a lender can repossess and sell a property to recover the outstanding debt if the borrower defaults on their loan. 10. Real Estate Transactions: Refers to the buying, selling, or transferring of property from one party to another. Types of Utah Subordination Agreement of Deed of Trust: 1. First Priority Subordination Agreement: Establishes that a specific creditor holds the first lien position, giving them the highest priority in case of foreclosure or sale. 2. Second Priority Subordination Agreement: Acknowledges that a creditor's lien is subordinate to a first-lien holder but is still ahead of subsequent liens. 3. Third Priority Subordination Agreement: Specifies that a creditor's lien comes after both first and second-lien holders in terms of priority. 4. Specific Agreement: An agreement customized to the unique circumstances of a particular transaction, outlining the order of priority among the involved parties. 5. General Agreement: A more generic subordination agreement that can be used when there are multiple creditors involved, but the specific priority of each lien is not explicitly defined. It is important to consult with legal professionals familiar with Utah real estate laws to ensure compliance and accuracy when drafting or executing a Utah Subordination Agreement of Deed of Trust.

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FAQ

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.

It is an arrangement that alters the lien position. Without a subordination clause, loans take chronological priority which means that a deed of trust recorded first will be considered senior to all deeds of trusts recorded after.

The Subordinated Lender hereby agrees that all Subordinated Obligations (as defined below) and all of his right, title and interest in and to the Subordinated Obligations shall be subordinate and junior in right of payment to the Senior Lender Loan and all rights of Senior Lender in respect of the Senior Lender Loan, ...

A subordination clause is where a first and second mortgage will switch places. In other words, the first becomes a second, a second becomes a first. Subordination means to take a lesser position, so someone in the first position would agree to subordinate and become a second lien holder.

An agreement by which one encumbrance (for example, a mortgage) is made subject (junior) to another encumbrance. To "subordinate" is to "make subject to," or to make of lower priority. A Subordination Agreement is a legal document that establishes the priority of liens or claims against a specific asset.

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.

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.

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Utah Housing Subordination Agreement Request (UHC Form 196). Lender and Title Escrow Officer must complete and sign prior to requesting a Subordination approval ... A subordination agreement is a legal document that establishes one debt or claim as ranking behind another for repayment. Click here to learn more in 2023.This agreement is typically recorded with the county recorder's office to give public notice of the liens. In Salt Lake City, Utah, there are different types of ... 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. 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 instance ... NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR ... This form has been approved by the Utah Real Estate Commission. - ALL-INCLUSIVE ... any restriction thereon; (c) join in any subordination or other agreement ... UCA § 57-1- 26(1). Subordinate parties will want to file such notices, or the trustee is authorized to ignore them in the notice requirements leading to sale. ... B. Borrower has requested that RMCRC lend Borrower the sum of EIGHT. HUNDRED THOUSAND AND NO/100 DOLLARS ($800,000) (the “Subject Property. Open the document and fill out all its fields. Apply your legally-binding eSignature. Save and invite other recipients to sign it.

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Utah Subordination Agreement of Deed of Trust