Subordination agreement subordinating existing mortgage to new mortgage form
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Subordination Agreement Subordinating Existing Mortgage to New Mortgage
This subordination agreement is made this __________________ (date),
between ________________________ (Name of Mortgagee), a corporation organized
and existing under the laws of the state of ________________________ (name of
state), with its principal office located at _____________________________________
(street address, city, county, state, zip code), referred to herein as Mortgagee ,
and
________________________ (Name of Lender) , a corporation organized and
existing under the laws of the state of ________________________ (name of state),
with its principal office located at _________________________________________
(street address, city, county, state, zip code), referred to herein as Lender.
Whereas, Mortgagee is the owner and holder of a certain promissory note,
dated
__________________ (date), for $ __________________ and interest, secured
by a certain Mortgage for that sum and interest, made by ________________________
(Name of Mortgagor), the Mortgagor, to Mortgagee, dated __________________ (date
of Mortgage), and recorded on __________________ (date), in the office of the
________________________ (name of public records office) of
________________________ (name of county), ________________________ (name
of state), in Book __________________ (number) of Mortgages, at page
__________________ (number), and covering the following-described premises:
_______________________________________________________________ _______________________________________________________________
_______________________________________________________________
(Legal description of property)
Whereas, Lender is about to loan $ __________________ on the promissory note of
Mortgagor, secured by a Mortgage on and covering the above-described premises; and
Whereas, to induce Lender to make the loan, it is necessary that the Mortgage held by
Mortgagee be
subordinated to the lien of the Mortgage about to be made to Lender as
set forth above;
Now, therefore, for and in consideration of the mutual covenants contained in this
agreement, and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
I. Subordination. Mortgagee covenants, consents, and agrees with Lender that
the above-mentioned Mortgage held by Mortgagee is and shall continue to be subject
and
subordinate in lien to the lien of the Mortgage about to be made to Lender as stated
above.
II. Consideration. In consideration of Mortgagee so subordinating the Mortgage
held by it to the Mortgage to be made to Lender, Lender shall make the above-
described loan and, in further consideration, shall pay $
__________________ to
Mortgagee.
III. Approval of Loan Terms. The terms of the loan from Lender to Mortgagor are
as follows:
_______________________________________________________________
(Statement of loan terms) . Mortgagee approves the terms of the loan.
IV. Binding Effect. This Agreement shall be binding on and inure to the benefit of
the respective heirs, legal representatives, successors, and assigns of the parties.
Witness our signatures this __________________ (date).
________________________ ________________________
(Name of Mortgagee) (Name of Lender)
By: _______________________ By: _______________________
(Signature of Officer) (Signature of Officer)
________________________ ________________________
(Printed Name and Title of Officer) (Printed Name and Title of Officer)
(Acknowledgments)
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A Subordination Agreement Subordinating Existing Mortgage To New Mortgage is a legal document that allows a new mortgage to take priority over an existing one. This means that if a property is sold or foreclosed, the new lender will be paid off before the existing mortgage lender. Understanding this agreement is crucial for homeowners looking to refinance or obtain a second mortgage.
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