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Mortgage Subordination Agreement
"I need a Mortgage Subordination Agreement for a commercial property in Auckland, where ABC Bank (first mortgagee) will subordinate their $2M mortgage to XYZ Finance's new $3.5M mortgage, with completion needed by March 2025."
1. Parties: Identifies all parties to the agreement including the mortgagor (property owner) and all relevant mortgagees
2. Background: Recitals explaining the existing mortgages, their registration details, and the purpose of the subordination
3. Definitions: Defines key terms including 'Senior Debt', 'Subordinated Debt', 'Property', and 'Security Interests'
4. Acknowledgment of Existing Security Interests: Confirms the existing mortgages and their current priority status
5. Agreement to Subordinate: Core provision where the senior mortgagee agrees to subordinate their priority to the other mortgagee
6. Priority Arrangements: Details the new priority structure and how it affects rights and enforcement
7. Representations and Warranties: Standard warranties about authority to enter agreement and validity of security interests
8. Duration and Termination: Specifies how long the subordination remains in effect and any termination conditions
9. General Provisions: Standard boilerplate including notices, amendments, governing law, and execution requirements
1. Consent of Mortgagor: Additional section when explicit consent of the property owner is required or desired
2. Further Advances: Include when the agreement needs to address future lending under either mortgage
3. Cross-Default Provisions: Optional section dealing with how defaults under one mortgage affect rights under the other
4. Security Trustee Provisions: Required when one or more mortgagees act through a security trustee
5. Assignment and Transfer: Include when parties want to specifically address ability to assign rights under the agreement
1. Schedule 1 - Property Description: Legal description of the mortgaged property including title references
2. Schedule 2 - Senior Security Details: Details of the senior mortgage including registration number, date, and amount
3. Schedule 3 - Subordinated Security Details: Details of the subordinated mortgage including registration number, date, and amount
4. Appendix A - Priority Structure: Diagram or detailed explanation of the priority arrangement between the mortgages
5. Appendix B - Form of Registration: Template for registering the subordination arrangement with the land registry
Authors
Banking and Financial Services
Real Estate
Property Development
Construction
Commercial Property
Residential Property
Agriculture
Legal Services
Property Investment
Legal
Property Finance
Credit Risk
Commercial Banking
Mortgage Operations
Compliance
Real Estate Finance
Property Development
Document Management
Property Lawyer
Banking Lawyer
Commercial Lawyer
Mortgage Advisor
Credit Manager
Property Finance Manager
Legal Counsel
Conveyancing Manager
Risk Manager
Commercial Banking Manager
Property Development Manager
Real Estate Finance Manager
Compliance Officer
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