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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.
A subordination clause serves to protect the lender if a homeowner defaults. If this happens, the lender then has the legal standing to repossess the home and cover their loan's outstanding balance first. If other subordinate mortgages are involved, the secondary liens will take a backseat in this process.
A subordinate mortgage loan is any loan not in the first lien position. The subordination order goes by the order the loans were recorded. For example, your first mortgage (the mortgage used to buy the house) is recorded first because it's the first loan you borrow.
Who Executes a Subordination Agreement? The new lender prepares the subordination agreement in conjunction with the subordinating lienholder. Then the parties typically sign the agreement.
There are also situations where your first purchase loan can become subordinate by law or regulation, without your lender's agreement. Here are two examples: If you have a Federal tax lien for unpaid income taxes, this debt automatically becomes a primary lien ahead of your first mortgage.
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.
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.
What is a subordinated debt example? A good example of subordinated debt is when you have a first mortgage and a home equity loan. The first mortgage is the senior debt, meaning it gets paid first in the event of default, and the home equity loan is subordinate.