What is the primary purpose of a subordination agreement?

The primary purpose of a subordination agreement is to establish priority among liens. In real estate, liens can be filed against property for various reasons, including mortgages, tax claims, or other financial obligations. A subordination agreement allows one lienholder to subordinate their claim to the priority of another lienholder.

For example, if a homeowner wants to refinance their mortgage and they have a second mortgage, the lender from the first mortgage may require a subordination agreement from the lender of the second mortgage, ensuring that the first mortgage maintains priority in case of default. This is crucial for lenders as it affects their ability to recover funds if the property is foreclosed.

While extending loan repayment terms, modifying lease agreements, or eliminating existing liens are important considerations in real estate transactions, these functions are not the primary focus of a subordination agreement. Instead, the agreement specifically governs the order of claims to ensure that all parties involved understand their rights concerning the property.