The process by which one debt’s claim on assets is ranked behind another’s is a critical aspect of secured lending. This prioritization determines the order in which creditors will be repaid in the event of a default by the borrower. For instance, a lender holding a first mortgage on a property has a higher claim on the proceeds from a sale than a lender with a second mortgage. If the property is sold due to foreclosure, the first mortgage holder will be paid before the second. An agreement to alter this established order is a significant undertaking with considerable financial implications.
The arrangement benefits borrowers by allowing them to secure additional financing when their existing assets are already encumbered. It enables access to capital that might otherwise be unavailable. For lenders, it presents an opportunity to participate in lending scenarios that carry higher risk, often compensated by higher interest rates. Historically, such agreements have facilitated various real estate and business transactions, enabling growth and investment. However, they also require careful due diligence and a thorough understanding of the risks involved by all parties.