Real Estate · General

What is a 'subordination clause' in a mortgage or deed of trust?

  1. A A clause that cancels the loan
  2. B A clause that allows a loan's priority (lien position) to be lowered so that a later loan can take priority — commonly used so a construction loan can take first position ahead of an existing land loan
  3. C A clause about insurance
  4. D A clause about property taxes

Why this is the answer

SUBORDINATION CLAUSE: A provision in a mortgage/deed of trust where the lienholder agrees to SUBORDINATE (lower) their lien priority so that a LATER loan can take a HIGHER (or first) priority position. LIEN PRIORITY: Generally, liens have priority based on recording date ('first in time, first in right') — earlier-recorded liens are paid first in a foreclosure; SUBORDINATION CHANGES THIS: The earlier lender agrees to step back; EXAMPLE: A landowner has a loan on the land; they want a construction loan to build; the construction lender wants FIRST priority; the original land lender agrees (via subordination) to let the construction loan take first position; the original loan becomes subordinate (second); WHY: Enables development financing; the subordinating lender accepts more risk; ALSO SEEN: In refinancing (a second mortgage holder subordinates to a new refinanced first mortgage); RELATED: 'Subordinate financing' = junior liens (second mortgages); the subordination clause's effect on lien priority is important finance/title knowledge for brokers — it allows reordering of lien priority, commonly to enable construction or refinance loans; tested on the national broker exam.
Source: Real Estate Broker National — Finance, Subordination Clause

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