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Mortgage Addition Agreement

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MORTGAGE ADDITION AGREEMENT

This Mortgage Addition Agreement (the Agreement) is made and entered into as of by and between:

Parties

WHEREAS

WHEREAS, Party A is the owner of certain real property located at and legally described as set forth below (the Property); and

WHEREAS, Party B currently holds or will hold a mortgage, deed of trust, or other security instrument (Existing Mortgage) against the Property recorded as: ; and

WHEREAS, the parties desire to modify the security or priority of obligations secured by the Property by adding an additional mortgage lien (Additional Mortgage) under the terms set forth in this Agreement.

Property Description

Scope of Addition

The Additional Mortgage shall secure the principal sum of together with interest, costs, advances and other obligations described herein. The Additional Mortgage will be recorded as a and will reference the Existing Mortgage as: .

Payment Terms

Consideration for the Additional Mortgage shall be as follows: Borrower shall pay to Lender the principal amount set forth above in accordance with the payment schedule below and any other amounts required under this Agreement.

Late Payment Fee: If any payment is not received within days after the due date, a late fee of of the overdue amount shall accrue and be payable on demand.

Term and Termination

This Agreement commences on the Effective Date set forth above and shall remain in force until the Additional Mortgage is fully satisfied and released, unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure such breach within days after written notice. Termination shall not affect the rights of the Lender to foreclose, collect, or otherwise enforce the Additional Mortgage with respect to obligations accrued prior to termination.

Confidentiality

The parties acknowledge that non-public financial terms and related documents exchanged under this Agreement are confidential. Each party shall hold such information in confidence and shall not disclose it to third parties except (a) with prior written consent of the other party, (b) to the party's legal or financial advisors who are bound by confidentiality obligations, or (c) as required by applicable law or court order, provided the disclosing party gives prompt notice to the other party where permissible.

Representations and Warranties

Each party represents and warrants that it has full power, authority, and legal capacity to enter into this Agreement, that the signatory is duly authorized, and that the execution and delivery of this Agreement will not violate any agreement, law, or obligation binding on such party.

Priority; Subordination

The parties agree that the Additional Mortgage shall be recorded with the county recorder's office and shall have the priority as set forth by the parties in the recorded instrument. Any subordination or agreement regarding priority shall be set forth in a separate subordinate or subordination instrument incorporated by reference into this Agreement.

Remedies

In addition to all other remedies available at law or in equity, the Lender shall have the right to enforce payment, foreclose the security interest, and recover costs of collection, including reasonable attorneys' fees, as provided in the Additional Mortgage and applicable law.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles.

Entire Agreement; Amendments

This Agreement, together with any recorded Additional Mortgage and any written instruments expressly incorporated herein, constitutes the entire agreement between the parties regarding the subject matter and supersedes all prior agreements and understandings. Any amendment or modification of this Agreement must be in writing and signed by both parties.

Notices

All notices under this Agreement shall be in writing and delivered to the addresses set forth above or to such other address as a party designates by written notice. Notices shall be deemed given when delivered in person, sent by nationally recognized overnight courier, or three (3) days after deposit in the U.S. mail, postage prepaid, certified or registered.

Miscellaneous

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. The captions in this Agreement are for convenience only and shall not affect interpretation. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

Party A (Grantor/Borrower) - Print Name:

By:

Date:

Party B (Mortgagee/Lender) - Print Name:

By:

Date:

Enter text✕

What the Mortgage Addition Agreement Is

A Mortgage Addition Agreement is a written instrument that modifies an existing mortgage or adds mortgage-related terms—such as adding a new lender, borrower, collateral description, or loan subordination—without creating an entirely new mortgage. The agreement records the parties, the property legal description, the modification terms (amounts, interest, priority), and instructions for recording with the county recorder. It is commonly used in refinancing, purchase-money adjustments, loan assumption, or when an additional lien or mortgage interest is granted on the same property. Proper execution, notarization, and timely county recording are typically required to preserve priority and enforceability.

Why a Mortgage Addition Agreement Matters

This agreement clarifies rights and priorities among lenders and borrowers, documents changes to secured obligations, and creates a public record for lien priority. Accurate execution reduces title issues and protects parties from disputes over repayment obligations and collateral.

Why a Mortgage Addition Agreement Matters

Typical parties who prepare or sign this agreement

Lenders, borrowers, title companies, and closing attorneys commonly prepare or request a Mortgage Addition Agreement to implement amendments or additions to an existing mortgage.

  • Title companies and escrow agents who handle recording and ensure chain-of-title integrity.
  • Lenders and loan servicers who need to document changes in lien priority or obligations.
  • Borrowers or property owners who consent to an added mortgage or modification for refinancing or secondary financing.

Each party’s role differs: lenders confirm terms, title companies record, and borrowers provide execution and acknowledgements to make the amendment effective.

Who signs and certifies the agreement

Lender Officer

An authorized lending officer or counsel signs for the lender, certifying the loan terms and priority. The signer should be an officer with delegated authority and include printed name, title, and corporate information to avoid later challenges to authority.

Borrower Owner

The borrower or property owner signs to acknowledge the added mortgage terms. If the owner is an entity, an authorized officer or manager must sign and attach corporate resolution or authorization documentation when required by the title company.

Core parts of a professionally drafted Mortgage Addition Agreement

A complete agreement contains standardized sections and exhibits so recording and title review proceed without issues; align each element to local recording conventions and lender requirements.

Parties

Identify full legal names and entity types for all parties, including lender, borrower, and any guarantors. Use exact names as they appear on government ID or organizational formation documents to prevent title mismatches and recording rejection.

Property Legal Description

Provide the full metes-and-bounds or recorded lot-block-plat description used in the original mortgage. A partial or informal description risks rejection by the county recorder and may impair enforceability.

Mortgage Terms

Specify the added or modified loan amount, new interest rate if any, payment terms, and whether the addition affects principal, interest, or lien priority; include references to the original mortgage by recording book/page or clerk instrument number.

Priority and Subordination

State whether the new mortgage is subordinate, pari passu, or has priority over specific liens. If subordination or re-prioritization is involved, include reference documents or separate subordination agreements as exhibits.

Signatures and Notary

Provide signature blocks for all parties, printed names and titles, and a notary acknowledgement (or RON clause if permitted). Notarial wording should match state requirements to ensure acceptance by the recorder.

Recording Instructions

Include explicit instructions for the county recorder (county name, recording fee payer, copies to return) and attach any exhibits required for recording, such as certificates of incumbency or corporate resolutions.

Step-by-step: completing and executing the agreement

Follow this order to reduce rework: prepare with accurate references, obtain signatures and notarization, and record promptly in the correct county to preserve lien priority.

  • 01
    Prepare: Confirm original mortgage references and assemble exhibits.
  • 02
    Review: Title company and lender counsel review terms and supporting documents.
  • 03
    Execute: Parties sign and notarize per state requirements.
  • 04
    Record: Submit to county recorder and obtain recorded proof of filing.

Configuring an online workflow for this agreement

Set up a template that enforces required fields, signer order, and recording steps to streamline execution and reduce errors.

Field Configuration
Required Fields Make Property Description and Original Mortgage Reference required.
Signer Order Set lender then borrower signer sequence for approvals.
Authentication Use email plus SMS or ID verification for stronger attribution.
Attach Exhibits Require uploaded exhibits and corporate authorizations before signing.

Where the completed Mortgage Addition Agreement goes next

After execution, use the prescribed distribution flow: return copies to parties, deliver originals to the title company or county recorder, and update loan servicing records.

  • Exchange Copies: Provide signed copies to lender, borrower, and title company.
  • Title Review: Title company confirms exhibits and recording readiness.
  • Recording: File original with county recorder for public record.
  • Loan File Update: Loan servicer updates lien and payment records.

Digital signing and technical requirements

Choose a signing platform that supports audit trails, PDF/A output, and the authentication level required by parties and the recorder.

  • File formats: Accept PDF, DOCX, or flattened PDF/A formats.
  • Authentication: Support email, SMS, or ID verification.
  • Integrations: Connects to title or loan systems via API.

Ensure the chosen solution can produce tamper-evident PDFs, detailed audit logs, and the delivery receipts required by lenders and title companies.

Timing and common recording timeframes

Key timing items affect lien priority and tax reporting; act promptly once the agreement is executed to preserve rights and avoid downstream complications.

Record Immediately After Execution:

Record as soon as possible to secure lien priority in case of competing filings.

Title Company Review Window:

Allow 1–5 business days for title and escrow to prepare recording packages.

County Processing Time:

Recording turnaround varies by county — same-day to several weeks depending on backlog.

Tax Reporting Impact:

Changes may affect Form 1098 reporting for mortgage interest; consult tax advisor.

Document Retention Start:

Retention period typically begins on the agreement’s effective date.

Common mistakes that cause delays or rejections

  • Using an informal property address rather than the recorded legal description, which county recorders frequently reject and require correction.
  • Mismatched party names compared with deed or organizational records, causing title exceptions and re-submission requirements.
  • Missing or incorrect notary wording, or failing to meet witness requirements where a state requires witnesses for deeds or mortgage amendments.
  • Attaching exhibits without labeling or failing to reference the original mortgage by instrument number or book/page, creating ambiguity during title searches.

Penalties and legal risks of errors

Recording Rejection: May delay lien priority.
Priority Loss: Failure to record promptly can harm priority.
Tax Consequences: Incorrect reporting may trigger IRS review.
Contract Disputes: Ambiguous amendments invite litigation.
Notary Defect: Improper notarization can void recordation.
Financial Exposure: Lenders may face repayment or collateral issues.

Security, compliance, and technical assurances

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Audit Trail: Timestamps, IP, and action history
ESIGN / UETA: Compliant with U.S. e-signature law
21 CFR / HIPAA: Supports 21 CFR and HIPAA (BAA)
SOC / ISO: SOC 2 Type II and ISO 27001 available
Accessibility: WCAG 2.0 Level AA

Common eSignature solutions for executing mortgage documents

Compare baseline pricing and enterprise features for common eSignature providers often used in real estate and lending workflows; signNow is listed first per table conventions.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Supporting documents and export options to include

Bundle these companion items with the signed agreement and export in durable formats accepted by the county recorder and your title company.

Supporting Documents

Attach recorded deed, original mortgage, title commitment, corporate resolutions, and any pay-off statements. These exhibits substantiate the amendment and are often required for recording and title clearance.

Notary & Witness Pages

Include properly completed notary acknowledgements and witness attestation pages matching state-required wording. Mis-sized or incomplete notarizations can cause rejection.

PDF Export

Export signed files as PDF/A or flattened PDFs to ensure long-term readability and to meet many recorder format preferences for tamper-evident documents.

Recorded Return Copy

Request the county recorder return a stamped recorded copy to the title company and to each party’s designated return address for loan files and escrow records.

Practical tips for accurate, efficient completion

Adopt consistent templates and verification steps to reduce rework and preserve recording priority.

Standardize legal descriptions
Copy the exact legal description from the original recorded deed or mortgage rather than retyping from memory; this avoids indexing errors and recorder rejections and streamlines title searches.
Confirm signer authority in advance
Obtain corporate resolutions, power-of-attorney, or incumbency certificates before signing to prevent last-minute missing documentation that delays recording and loan funding.
Use checklists for recording
Create a recording checklist (correct county, fees, return instructions, exhibit tabs) and have title/escrow confirm all items before submission to avoid multiple trips to the recorder.
Preserve audit trails
When using electronic signatures, ensure the platform produces a detailed audit trail, tamper-evident PDF, and delivery receipts to support attribution and resolve disputes.

Frequently asked questions about Mortgage Addition Agreements

Answers to common execution, recording, and validity questions to help parties avoid delays and ensure the modification is effective.


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