Washington Subordination Agreement of Deed of Trust

State:
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.

Washington Subordination Agreement of Deed of Trust is a legal document used in real estate transactions to establish the priority of different liens or deeds of trust on a property. It involves the voluntary agreement of the parties involved to subordinate their respective interests, essentially allowing one lien holder or deed of trust to take precedence over another in terms of repayment priority. This agreement is commonly used when an owner wants to refinance or obtain a new loan on a property that already has an existing deed of trust. The Washington Subordination Agreement of Deed of Trust serves the purpose of clarifying the order of priority for lien holders or deed of trust holders in the event of foreclosure or sale of the property. It ensures that each party's rights and interests are protected and that they will be paid in the correct order in case of default by the borrower. By signing this agreement, the junior lien holder acknowledges that their lien will be lowered in priority below the senior lien holder's interests. There are different types of Washington Subordination Agreement of Deed of Trust, such as: 1. Junior to Senior Subordination Agreement: This type of agreement is utilized when a junior lien holder voluntarily subordinates their interest to a senior lien holder. It allows the senior lien holder to maintain their priority position in terms of repayment. 2. Partial Subordination Agreement: In some cases, parties may agree to subordinate only a portion of their interest. This type of agreement is often seen when there are multiple lien holders, and one of them agrees to subordinate their interest to a new lien holder while still retaining their priority over other lien holders. 3. Subordinate to Junior Subordination Agreement: Occasionally, a party with a higher priority lien or deed of trust may agree to subordinate their interest to a junior lien holder. This typically occurs in loan modifications or refinancing scenarios when agreements are made to benefit the borrower by allowing a new lender to take a higher priority lien position. Washington's Subordination Agreement of Deed of Trust plays a vital role in real estate transactions, ensuring transparency and protection of interests in all parties involved. It can benefit borrowers by facilitating refinancing or securing new loans while providing reassurance to both junior and senior lien holders with regard to repayment priority.

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FAQ

What is subordination? Subordination is the process of ranking home loans (mortgage, HELOC or home equity loan) by order of importance. When you have a home equity line of credit, for example, you actually have two loans ? your mortgage and HELOC. Both are secured by the collateral in your home at the same time.

Subordination agreements are used to legally establish the order in which debts are to be repaid in the event of a foreclosure or bankruptcy. In return for the agreement, the lender with the subordinated debt will be compensated in some manner for the additional risk.

Subordination. This Security Instrument is and shall be automatically subordinate to a loan made to Borrower evidenced by a purchase money promissory note and secured by a first deed of trust (the ?First Deed of Trust?) recorded concurrently herewith on the Property.

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.

Subordinate Deed of Trust means the deeds of trust granted by Borrower to secure the obligation of Borrower to repay the Subordinate Loan.

Subordination clauses are most commonly found in mortgage refinancing agreements. Consider a homeowner with a primary mortgage and a second mortgage. If the homeowner refinances his primary mortgage, this in effect means canceling the first mortgage and reissuing a new one.

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Where the word "mortgage" appears herein it shall be considered as "deed of trust", and gender and number of pronouns considered to conform to undersigned. 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 ...WHEREAS, Lender holds and owns a Promissory Note dated. by. (“Borrowers") to Lender in the principal sum of. (“Note”) which is secured by a Deed of Trust. ... document(s) appears on page(s) ______. SUBORDINATION AGREEMENT. NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY ... 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. 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. Subordinate Lender agrees to extinguish and release its lien on any and all Mortgaged Property in the event Senior Lender, HUD, or a designee of either acquires ... Section 1.2. ASSIGNMENT OF RENTS. Reference is hereby made to that certain Assignment of Leases and Rents dated as of the date hereof and delivered by Borrower ... WITNESSETH: Grantor hereby bargains, sells and conveys to Trustee in Trust, with power of sale, the real property in Snohomish County, Washington described ... Junior Lienholders acknowledges and agrees that Bank may amend or modify any provision of the Senior Loan Documents without the consent of any Junior Lienholder ...

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Washington Subordination Agreement of Deed of Trust