A Subordination Agreement Mortgage is essential in Singapore's property financing landscape where multiple lenders have security interests in the same property. This document is typically used when a property owner has multiple loans secured against their property, and the lenders need to establish a clear order of priority for their security interests. The agreement ensures that the senior lender's rights take precedence over junior lenders in terms of payment and enforcement. Under Singapore law, this agreement must comply with the Conveyancing and Law of Property Act, Land Titles Act, and relevant MAS regulations. It's particularly important in refinancing situations or when additional financing is sought against an already mortgaged property.
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Key Requirements PROMPT example:
Subordination Agreement Mortgage
"Need a Subordination Agreement Mortgage under Singapore law for a commercial property where DBS Bank is the senior lender with first-ranking security, and we need to subordinate a new second mortgage from OCBC Bank for additional financing of SGD 2 million, to be completed by March 2025."
1. Parties: Details of Senior Lender, Junior Lender, and Borrower
2. Background: Explains existing loans, security arrangements, and reason for subordination
3. Definitions: Key terms including Senior Debt, Junior Debt, Security Documents
4. Subordination Terms: Core provisions establishing priority of security interests
5. Payments and Enforcement: Rules regarding payments and enforcement rights
6. Duration: Term of the subordination arrangement
7. Governing Law: Specification of Singapore law as governing law
1. Turnover Provisions: Rules for handling payments received in violation of priority
2. Standstill Provisions: Restrictions on junior lender's enforcement actions
3. Additional Security: Provisions for future security arrangements
1. Schedule 1 - Existing Security Documents: List of all existing security documents and their details
2. Schedule 2 - Form of Notice: Template for notices required under the agreement
3. Schedule 3 - Property Details: Details of mortgaged property and title particulars
4. Appendix A - Existing Loan Details: Summary of senior and junior loan terms
Authors
Relevant legal definitions
Senior Debt
Junior Debt
Senior Security
Junior Security
Security Interest
Secured Property
Enforcement Action
Enforcement Date
Security Documents
Senior Facility Agreement
Junior Facility Agreement
Discharge Date
Secured Obligations
Priority
Subordination
Default
Event of Default
Business Day
Mortgaged Property
Property Title
Permitted Payments
Security Agent
Ranking
Standstill Period
Turnover Proceeds
Enforcement Proceeds
Security Release
Notice
Governing Law
Distribution Monies
Effective Date
Loan Documents
Authorized Representatives
Jurisdiction
Junior Debt
Senior Security
Junior Security
Security Interest
Secured Property
Enforcement Action
Enforcement Date
Security Documents
Senior Facility Agreement
Junior Facility Agreement
Discharge Date
Secured Obligations
Priority
Subordination
Default
Event of Default
Business Day
Mortgaged Property
Property Title
Permitted Payments
Security Agent
Ranking
Standstill Period
Turnover Proceeds
Enforcement Proceeds
Security Release
Notice
Governing Law
Distribution Monies
Effective Date
Loan Documents
Authorized Representatives
Jurisdiction
Clauses
Parties and Recitals
Definitions and Interpretation
Subordination
Priority of Security
Ranking of Debts
Payment Restrictions
Turnover Provisions
Enforcement Rights
Standstill Provisions
Security Preservation
Further Assurance
Power of Attorney
Duration
Assignment and Transfer
Amendments and Waivers
Notices
Severability
Counterparts
Costs and Expenses
Representations and Warranties
Default Provisions
Remedies and Waivers
Third Party Rights
Confidentiality
Governing Law
Dispute Resolution
Entire Agreement
Definitions and Interpretation
Subordination
Priority of Security
Ranking of Debts
Payment Restrictions
Turnover Provisions
Enforcement Rights
Standstill Provisions
Security Preservation
Further Assurance
Power of Attorney
Duration
Assignment and Transfer
Amendments and Waivers
Notices
Severability
Counterparts
Costs and Expenses
Representations and Warranties
Default Provisions
Remedies and Waivers
Third Party Rights
Confidentiality
Governing Law
Dispute Resolution
Entire Agreement
Relevant Industries
Relevant Teams
Relevant Roles
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