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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.
Subordination clauses are most common in mortgage refinancing agreements, home equity loans, and HELOCs. Subordination clauses don't take effect until a second lien is made on a home.
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 subordination agreement prioritizes debts, ranking one behind another for purposes of collecting repayment from a debtor in the event of foreclosure or bankruptcy. A second-in-line creditor collects only when and if the priority creditor has been fully paid.
First in Time, First in Right This general rule says that whichever lien is recorded first in the land records has a higher priority than later recorded liens. So, mortgage liens have different priorities based on their recording dates. A first mortgage has higher priority than a subordinate second mortgage.
A Subordination Agreement is a legal document that establishes the priority of liens or claims against a specific asset.
A subordination agreement prioritizes debts, ranking one behind another for purposes of collecting repayment from a debtor in the event of foreclosure or bankruptcy. A second-in-line creditor collects only when and if the priority creditor has been fully paid.
The creditor usually will require the debtor to sign a subordination agreement which ensures they get paid before other creditors, ensuring they are not taking on high risks.