Pima Arizona Subordination Agreement Subordinating Existing Mortgage to New Mortgage
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FAQ
The most common type of subordinate lien is a second mortgage. When you get a second mortgage loan, the lender records the lien, representing its claim on the collateral: your real estate. Because your first mortgage provider has the first claim on the property, the second mortgage is considered a subordinate lien.
A second mortgage is a lien taken out against a property that already has a home loan on it. A lien is a right to possess and seize property under specific circumstances. In other words, your lender has the right to take control of your home if you default on your loan.
Despite its technical-sounding name, the subordination agreement has one simple purpose. It assigns your new mortgage to first lien position, making it possible to refinance with a home equity loan or line of credit. Signing your agreement is a positive step forward in your refinancing journey.
The lender might require a subordination agreement to protect its interests should the borrower place additional liens against the property, such as if she were to take out a second mortgage. The "junior" or second debt is referred to as a subordinated debt.
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.
A second mortgage will become a subordinate loan. If you repay the primary loan within the term of the second mortgage, then the second mortgage can take its place as the primary loan.
When you take out a mortgage loan, the lender will likely include a subordination clause. Within this clause, the lender essentially states that their lien will take precedence over any other liens placed on the house. A subordination clause serves to protect the lender in case you default.
When you take out a mortgage loan, the lender will likely include a subordination clause. Within this clause, the lender essentially states that their lien will take precedence over any other liens placed on the house. A subordination clause serves to protect the lender in case you default.
Still, there are situations in which your first mortgage may be placed in a subordinate position, whether by your request (and your lender's agreement) or by law. Any mortgages that are recorded after your first purchase loan are usually subordinate loans.
Legal Concept of First in Time, First in Right Mortgage liens generally follow the ""first in time, first in right" rule. As described above, this general rule says that whichever lien is recorded first in the land records has higher priority than later recorded liens.