Lease Subordination Agreement Indiana Form
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What is the purpose of a subordination agreement?
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.
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Who benefits from a subordination clause?
The primary lender stands to benefit from a subordination clause more than other parties. If the borrower can't repay the debt, then the primary lender is guaranteed first rights to repayment.
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What does it mean to subordinate a property?
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.
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What is a subordination agreement example?
Example of a Subordination Agreement A standard subordination agreement covers property owners that take a second mortgage against a property. One loan becomes the subordinated debt, and the other becomes (or remains) the senior debt. Senior debt has higher claim priority than junior debt.
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What does subordination mean in a lease?
Subordination of lease refers to the tenant's consent to subordinate his or her rights over a property to the rights of the bank holding the mortgage on the property. A subordination of lease agreement is created for this purpose.
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Who prepares a subordination agreement?
Subordination agreements are prepared by your lender. The process occurs internally if you only have one lender. When your mortgage and home equity line or loan have different lenders, both financial institutions work together to draft the necessary paperwork.
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What does subordination mean in a lease agreement?
Subordination is putting something in a lower position or rank. Therefore, a subordination agreement puts the lease below the mortgage loan in priority. Mortgage lenders want the leases to be subordinate to the mortgage. That way, the mortgage loan is paid first if there is a foreclosure.
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What is required for a subordination agreement?
A subordination agreement must be signed and acknowledged by a notary and recorded in the official records of the county to be enforceable.
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