Subordination of Second Mortgage

Definition: An agreement by the holder of a second mortgage to maintain their junior lien position when the first mortgage is refinanced or modified, allowing the borrower to obtain new first mortgage financing without paying off the second mortgage.

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Second Mortgage Subordination in Florida

FL second mortgage subordination: second stays subordinate when first is refinanced. Without: new first would be junior. Required: refinancing (new first lender requires), HELOC, and construction loans. Fee: $10-$500 typical. Factors: combined LTV (80-90% max), borrower credit, purpose (rate vs. cash-out), payment history, and property value. Cash-out: higher risk. High LTV: may refuse to subordinate.

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Barnes Walker’s attorneys handle second mortgage subordination in Florida. Request a legal inquiry for assistance.

Florida Law Reference

Fla. Stat. Ch. 697

Defines mortgages as liens on real property and establishes requirements for mortgage creation, assignment, and satisfaction in Florida.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC

Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney-client relationship with Barnes Walker, Goethe, Shea & Robinson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.

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