A provision within a mortgage or deed of trust that establishes the priority of debt repayment is a key element in some property transactions. This agreement stipulates that a present debt will take a lower priority position than a debt created in the future. For example, an initial mortgage holder may agree to subordinate their lien position to a subsequent lender, effectively allowing the new loan to be repaid first in the event of default or sale.
This mechanism can be vital in facilitating development or refinancing. It allows property owners to access additional capital by offering a new lender a primary lien position, which reduces the lender’s risk. Historically, such agreements have played a role in enabling construction projects and property improvements that would otherwise be difficult to finance. Its judicious use can unlock potential value within a property and contribute to economic growth.