Let`s go through the basics of subordination using a home credit line (HELOC) as our main example. Keep in mind that these concepts are still valid if you have a home loan. Subordination is the process of classifying home loans (mortgages or home loans) in significant order. If you have a line. B of home loan, you actually have two loans – your mortgage and HELOC. Both are guaranteed by the warranties in your home at the same time. By subordination, lenders assign these loans a “deposit position.” In general, your mortgage is assigned the first deposit position, while your HELOC becomes the second pledge. A subordination agreement is a legal document that classifies one debt as less than another, which is a priority in recovering repayment from a debtor. Debt priority can become extremely important when a debtor becomes insolvent or declares bankruptcy. A subordination agreement recognizes that the requirement or interest of one party is greater than that of another party if the borrower`s assets must be liquidated to repay the debt. Despite its technical name, the subordination agreement has a simple purpose. It assigns your new mortgage to the first deposit position, which allows a refinancing with a home loan or a line of credit.
Signing your contract is a positive step in your refinancing trip. Individuals and businesses go to credit institutions when they have to borrow money. The lender is compensated if it receives interest on the amount borrowed, unless the borrower is late in its payments. The lender could demand a subordination agreement to protect its interests if the borrower places additional pawn rights against the property, z.B. if he takes out a second mortgage. Subordination contracts are the most common in the field of mortgages. When an individual borrows a second mortgage, that second mortgage has a lower priority than the first mortgage, but those priorities may be disrupted by refinancing the original loan. Unsurprisingly, mortgage lenders do not appreciate the risk associated with a second pledge. A bidding agreement allows them to reallocate your mortgage on the first pledge and your HELOC to the second deposit position.
The signed agreement must be recognized by a notary and recorded in the county`s official records in order to be enforceable. Most subordination agreements are flawless.