Land Subordination Agreement Template for Canada

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Key Requirements PROMPT example:

Land Subordination Agreement

"I need a Land Subordination Agreement for a commercial property in Ontario where a second mortgage holder (ABC Bank) will subordinate their interest to a new first mortgage holder (XYZ Credit Union) for a refinancing closing on March 15, 2025."

Document background
The Land Subordination Agreement is a crucial document in Canadian real estate financing and security arrangements, used when multiple creditors have security interests in the same property and need to modify their relative priority positions. This agreement is particularly important in scenarios involving refinancing, construction projects, or complex real estate developments where multiple lenders are involved. The document must comply with both federal regulations and provincial property laws, as real property matters in Canada are primarily governed by provincial legislation. A Land Subordination Agreement typically includes detailed information about the property, existing registrations, the terms of subordination, and the rights and obligations of all parties involved. It's essential for managing risk in secured lending and ensuring clear priority structures in real estate financing.
Suggested Sections

1. Parties: Identifies all parties to the agreement, including the senior creditor, subordinating creditor, and the borrower/property owner

2. Background: Recitals explaining the existing security interests, their registration details, and the purpose of the subordination

3. Definitions: Defines key terms used throughout the agreement, including property description, security interests, and relevant documents

4. Acknowledgment of Existing Security: Details of all existing security interests and their current priority standing

5. Subordination: Core provision establishing the subordination arrangement and new priority structure

6. Covenants: Promises by the subordinating creditor regarding their security interest and future actions

7. Representations and Warranties: Statements of fact by all parties regarding their authority and the status of their security interests

8. Notice and Registration: Requirements for registration of the subordination and notice obligations

9. General Provisions: Standard clauses including governing law, amendments, and counterparts

10. Execution: Signature blocks and execution requirements for all parties

Optional Sections

1. Future Advances: Required when the senior security may secure future advances or revolving credit

2. Multiple Properties: Needed when the subordination applies to multiple properties with different arrangements

3. Standstill Provisions: Optional provisions regarding enforcement rights and timing

4. Assignment: Required when parties need specific rights to assign their interests or the agreement

5. Insurance and Loss Payee: Needed when insurance proceeds priority needs to be addressed

6. Inter-creditor Provisions: Required for complex arrangements between multiple creditors

7. Default and Remedy: Optional section detailing specific events of default and available remedies

Suggested Schedules

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

2. Schedule B - Senior Security: Details of the senior security interest including registration particulars

3. Schedule C - Subordinated Security: Details of the subordinated security interest including registration particulars

4. Schedule D - Permitted Encumbrances: List of other permitted encumbrances and their priority position

5. Appendix 1 - Consent of Other Parties: Required consents from other interest holders if applicable

6. Appendix 2 - Priority Matrix: Table showing relative priorities of all security interests before and after subordination

Authors

Alex Denne

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

Relevant legal definitions
Relevant Industries

Real Estate

Banking & Financial Services

Property Development

Construction

Commercial Lending

Real Estate Investment

Infrastructure

Agriculture (for farmland)

Mining (for resource properties)

Renewable Energy (for project sites)

Relevant Teams

Legal

Real Estate

Commercial Lending

Credit Risk

Property Management

Securities Administration

Commercial Banking

Real Estate Investment

Documentation

Compliance

Relevant Roles

Real Estate Lawyer

Banking Lawyer

Commercial Property Manager

Mortgage Officer

Credit Risk Manager

Real Estate Development Manager

Commercial Lending Officer

Property Development Director

Real Estate Investment Manager

Legal Counsel

Commercial Real Estate Broker

Title Insurance Officer

Land Registration Officer

Security Documentation Specialist

Industries
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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