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Real Estate Subordination Agreement Template for United States

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Key Requirements PROMPT example:

Real Estate Subordination Agreement

"Need a Real Estate Subordination Agreement for a commercial property in Miami, where ABC Bank will take a secondary position to XYZ Credit Union's existing $2.5M mortgage, to be executed by March 2025; property is a retail complex with existing tenants."

Document background
A Real Estate Subordination Agreement becomes necessary when multiple loans exist or are being created against a single property, and lenders need to establish their respective priority positions. This document is particularly common in refinancing situations or when property owners seek additional financing while maintaining existing loans. In the United States, these agreements must conform to both federal and state-specific real estate laws, and they typically detail the terms of subordination, including the specific loans involved, the property description, and the rights of each party in various scenarios such as default or foreclosure. The agreement protects all parties by clearly documenting their positions and rights in the lending hierarchy.
Suggested Sections

1. Parties: Identification of all parties: Senior Lender, Junior Lender, and Property Owner

2. Background: Description of existing loans, their recording information, and purpose of subordination

3. Definitions: Key terms including Senior Debt, Junior Debt, Property, Security Instruments

4. Subordination Terms: Core agreement terms establishing new lien priority

5. Representations and Warranties: Statements of fact by all parties regarding their authority and loan status

6. Notice Provisions: Requirements for communication between parties

7. Execution: Signature blocks and notary acknowledgments

Optional Sections

1. Cross-Default Provisions: Optional terms regarding default on one loan affecting the other - used when parties want defaults to trigger across loans

2. Modification Restrictions: Optional limitations on changing loan terms - used when senior lender wants to restrict junior loan modifications

3. Insurance and Condemnation Proceeds: Optional provisions for distribution of insurance or condemnation payments - used when specific allocation of proceeds is desired

Suggested Schedules

1. Schedule A - Property Description: Legal description of the subject property

2. Schedule B - Senior Loan Documents: List of senior loan documents being subordinated to

3. Schedule C - Junior Loan Documents: List of junior loan documents being subordinated

4. Schedule D - Recording Information: Details of previous recordings affecting the property

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

State-Specific Real Property Laws: Includes state-specific real property laws, recording requirements, lien priority rules, and state mortgage and deed of trust laws that vary by jurisdiction

Uniform Commercial Code (UCC): Article 9 governing secured transactions and priority rules for security interests in real estate transactions

Federal Laws: Key federal regulations including Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), and Equal Credit Opportunity Act (ECOA)

Local Recording Requirements: County recording office regulations, local filing requirements, and documentary stamp tax requirements specific to the jurisdiction

Bankruptcy Code: Federal bankruptcy provisions affecting lien priorities, automatic stay provisions, and perfection requirements

Title Insurance Considerations: ALTA (American Land Title Association) requirements and title insurance company specific requirements for subordination

State Contract Laws: General contract law requirements including valid consideration, contract formation, and statute of frauds provisions

State-Specific Foreclosure Laws: Laws governing rights of junior lienholders, foreclosure procedures, and redemption rights in the relevant state

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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