A Real Estate Subordination Agreement becomes necessary when multiple loans exist or are being created against a single property, and lenders need to establish their respective priority positions. This document is particularly common in refinancing situations or when property owners seek additional financing while maintaining existing loans. In the United States, these agreements must conform to both federal and state-specific real estate laws, and they typically detail the terms of subordination, including the specific loans involved, the property description, and the rights of each party in various scenarios such as default or foreclosure. The agreement protects all parties by clearly documenting their positions and rights in the lending hierarchy.
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1. Parties: Identification of all parties: Senior Lender, Junior Lender, and Property Owner
2. Background: Description of existing loans, their recording information, and purpose of subordination
3. Definitions: Key terms including Senior Debt, Junior Debt, Property, Security Instruments
4. Subordination Terms: Core agreement terms establishing new lien priority
5. Representations and Warranties: Statements of fact by all parties regarding their authority and loan status
6. Notice Provisions: Requirements for communication between parties
7. Execution: Signature blocks and notary acknowledgments
1. Cross-Default Provisions: Optional terms regarding default on one loan affecting the other - used when parties want defaults to trigger across loans
2. Modification Restrictions: Optional limitations on changing loan terms - used when senior lender wants to restrict junior loan modifications
3. Insurance and Condemnation Proceeds: Optional provisions for distribution of insurance or condemnation payments - used when specific allocation of proceeds is desired
1. Schedule A - Property Description: Legal description of the subject property
2. Schedule B - Senior Loan Documents: List of senior loan documents being subordinated to
3. Schedule C - Junior Loan Documents: List of junior loan documents being subordinated
4. Schedule D - Recording Information: Details of previous recordings affecting the property
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