24+ Sample Subordination Agreement
What Is a Subordination Agreement?
First of all, what is the process of subordination? It is the act of classifying multiple loans in order of priority. As stated earlier, this process is done in case the borrower defaults on his/her payment or the company that the borrower took the loan from ends up being bankrupt.
What is a subordination agreement, then? It refers to a legal document/legal agreement that places one obligation as second in precedence for obtaining repayment from a debtor. It is a deal that changes the lien status. In the occasion that the borrower’s properties need to be liquidated to satisfy the obligations, a subordination agreement admits that one party’s claim or interest is greater than that of another. The lender of the first loan will now demand the second loan officer to execute a subordination agreement in order to relocate it as a priority for debt repayment.
How Does a Subordination Agreement Work?
When the situation arrives wherein borrowers require additional funds on top of their existing loans, a subordination agreement has to be carried out. In the case of two loans being taken by the borrower, the second loan becomes the junior debt while the first loan becomes the senior debt.
As the case usually is, the senior debt will always take precedence over the junior debt. As a result, the original loan lenders will wish to retain first priority in receiving loan repayments and will not sanction the second mortgage unless a subordination agreement is executed. If the debtor intends to take out a second mortgage in the future, the creditor may want a subordination agreement to secure his/her payments. A subordination agreement guarantees that the creditors’ payments take precedence and are paid prior to the second mortgage.
Categories of Subordination Agreements
Listed below are the different categories/types of subordination agreements:
- Executory Subordination Agreement – In an executory subordination agreement, the subordinating party will agree to have his/her interests ranked below the security interests of another party. Because it is merely a promise to agree on in the future, an executory subordination agreement may be difficult to enforce later on. A contract claim breach might occur if the party does not sign the executory subordination agreement.
- Automatic Subordination Agreement – Automatic subordination agreements work very differently compared to executory subordination agreements. In this type of subordination agreement, the recording and the execution of the main and subordination agreements take place at the same time. For example, if a deed has an automatic subordination clause, it will often specify that after the lien of the deed is recorded, it will be immediately secondary to another deed.
What Are the Risks That Come With Multiple Loans at a Time?
Listed below are the ways that availing multiple loans at a given time can become a risk:
Finances go out of order. Having many loans from loan providers means paying a lot of interest each month. This implies that when your EMIs (equated monthly installments) rise, your overall cash in hand will begin to fall. With many EMIs due, if you overlook or are unable to settle any of them, it may result in a large punitive interest on the defaulting EMIs that you must pay in addition to your usual interest responsibility, thus throwing your planned finances off course.Endless loop of debts. When you have a large number of debts that you are unable to repay, it might put a burden on your financial situation. With a large number of loans, the hefty interest payments may put you in a position where you are unable to cover the principal. Furthermore, if you fail to make payments, your lender may bring a lawsuit against you.Credit scores take a hit. Managing several timelines and rates of interest can be tough when you have many loans from different lenders. This could result in you missing payments, which will have a bad influence on your credit rating. A low credit score might make it harder for you to obtain loans in the future since you are viewed as a high-risk borrower by lenders, preventing you from obtaining a large loan amount or a low-interest rate when you pursue loans in the long term. Furthermore, too many loans paint you as a high-spending character in the perspective of the lender, implying that you’re an untrustworthy borrower.Possible violation of loan agreement. Even though the applicant can readily repay numerous loans, the lender may forbid loan stacking (multiple loans at a time). The agreement with your initial lender will specify whether or not you are permitted to take out new loans until your debt with them is paid off. If you do not, breaking that condition in your contract may result in you going into default. This is one of several reasons why it is critical to read the loan agreement in its entirety.
Situations That a Loan Can be Used
Here are some of the different situations in which a loan can be used:
Moving Costs. Short-distance moves are already expensive, and long-distance moves can be prohibitively expensive. Personal loan cash can assist you in moving your home possessions, purchasing new furniture, transporting your automobile across the nation, and covering any other charges. If you’re going somewhere without a job, a personal loan for relocation expenses might help you remain afloat. This way, you won’t have to go into your savings or emergency fund. A loan is ideal for long-distance moves or those who anticipate thousands of dollars in fees.Vehicle Financing. Taking out a loan is one option for financing the purchase of a car, watercraft, or even a private plane. It’s also one way to pay for a vehicle if you’re not purchasing it straight from the manufacturer. This is ideal for those wishing to buy a new car and who do not want to use the said vehicle as security for an auto loan.Home renovations. Homeowners can utilize a loan to update their property or execute critical repairs, such as plumbing repairs or electrical wiring upgrades. People who do not have equity in their house or do not wish to obtain a home equity line of credit or home equity loan may benefit from taking out a personal loan. Personal loans, unlike home equity loans, are frequently unsecured and do not need you to use your property as collateral. Taking out a loan is ideal for people who want to fund a small to medium-sized home renovation project or update.Debt Consolidation. One of the most typical reasons to take out a personal loan is to consolidate debt. Whenever you apply for a loan and then use it to pay off various existing loans or credit cards, you combine all of the outstanding sums into a single monthly payment. This debt categorization makes it easy to figure out a time range for paying off your bills without being overwhelmed. The lower interest rates are one of the most significant benefits of obtaining a personal loan to pay off your credit cards. Lower interest rates allow you to cut the rate of interest you pay as well as the period of time required to pay off the loan.Emergency Funding. If you have an unexpected emergency, such as being hospitalized due to sickness or having to pay for a loved one’s funeral, a personal loan might be a low-cost choice. Medical expenditures are a common reason for obtaining a personal loan, particularly if the specialist expects full payment. After you’ve reached an agreement with the facility, doctor, and insurance provider, you may require a personal loan to cover unanticipated medical expenses. Personal loans are a wonderful option to cover an emergency or unexpected need since they may be disbursed promptly.
Steps in Writing a Subordination Agreement
A subordination agreement must be understandable and clearly made so that no confusion happens over what mortgage takes priority over another one. With that being said, here are the necessary steps to follow in creating this type of document.
1. Create the Basic Information
This is the first step to do when creating this type of agreement. In this step, what you need to do is write down the basic information that’s needed in the document such as the title of the document and the date when it is created. A definition of terms section may also be included in writing this section as there may be some legalese terms that are too difficult or too confusing for any of the parties to comprehend. This is done to avoid any unnecessary confusion regarding the terms that are written in the agreement.
2. Identifying the Parties Involved
After writing down the basic information of the agreement such as the title, date of the agreement, and the definition of terms section, this step then follows. This is crucial as this step is when the parties of the subordination agreement are going to be clearly identified. In this section, clearly identify who is the lien holder (someone who legally has an interest in your property until you pay it off in full) and the borrower of the loan. In writing this section, it is important to place their full legal names and their identified roles in the agreement so that it can easily be understood by anyone who goes through it.
3. Identifying the Senior and Junior Debt
After identifying the parties involved in the agreement, this is the step that will proceed, which is identifying the senior and junior debt in the agreement. Since a subordination agreement is all about identifying which debt takes precedence over another, this step is crucial. Senior debt is the type of debt that holds a higher claim to all the borrower’s assets while junior debt is the type of debt that has been issued with lower priority in the debt repayment hierarchy compared to the senior debt. After that, in the case of an executory subordinating agreement, the subordinate party will then have to agree that his/her interests will fall below the senior party.
4. Setting the Terms and Conditions of the Agreement
After classifying the junior and senior debts in the agreement, this step will then follow, which is to lay out the terms and conditions of the agreement. It is important that the terms and conditions must be set since a debt simply cannot take precedence over another one without explicitly saying the terms that allow doing so. This section makes the parties involved clearly understand everything they should and shouldn’t do. It’s also necessary that this section should be written as detailed as possible.
This serves as the last step in creating the subordination agreement. Having the signatures of all the parties involved in the creation of this agreement is crucial since it signifies that they have agreed to every term and condition that were stated and have committed to the enforcement of this agreement. This section also makes the subordination agreement legally enforceable. Also, it is important to have the date that the parties signed the agreement be stated in this document.
What is Junior Debt?
In the event of a default, junior debt pertains to bonds or other kinds of debt that have lesser precedence for reimbursement over other, more senior debt claims. As a result, junior debt is riskier for investors and, as a result, has a higher rate of interest than the more senior debt from the same company. Junior debt, often known as subordinated debt, is only reimbursed in the case of default or bankruptcy after further senior loans have been fully repaid. In addition, contrary to senior debt, junior debt is often not secured by any form of asset.
What is a Subordination Clause in an agreement?
The act of surrendering priority is known as subordination. A subordination clause refers to a provision in an agreement that indicates that the present claim on any debts takes precedence over any additional claims generated in future agreements. A subordination provision essentially makes the present claim in the agreement superior to any subsequent agreements. These provisions are most frequently seen in loan agreements and bond issue contracts.
Why do other lenders usually agree to subordinate?
Since conventional first-mortgage lenders will not agree to refinance a debt unless they are assured the first position, the only way refinancing transactions may take place is if the second-mortgage holder chooses to subordinate. A subordination arrangement permits the new lender to take the lead. Junior lienholders will often accept to be subordinate to a new first loan if the equity is sufficient to service both debts. As a result, subordination agreements are a very typical occurrence in the loan sector.
Debt priority can prove to be extremely crucial when a debtor declares bankruptcy, hence why an effective subordination agreement must be put in place when the debtor decides to acquire multiple loans. Inside this article, you can find example templates of subordination agreements in case you are required to draft one in the future.