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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."
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
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
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
Applicable Law
Business Day
Charged Property
Closing Date
Consents
Effective Date
Encumbrance
Enforcement Action
Event of Default
Existing Security
Future Advances
Governmental Authority
Interest
Land Registry Office
Land Titles Act
Lands
Legal Description
Loan Agreement
Material Adverse Effect
Mortgage
Notice
Permitted Encumbrances
Person
Priority Position
Property
Registered Office
Registration
Security
Security Documents
Security Interest
Senior Creditor
Senior Debt
Senior Security
Subordinated Creditor
Subordinated Debt
Subordinated Security
Subordination
Term
Title Documents
Acknowledgment
Subordination
Priority
Registration
Representations and Warranties
Covenants
Further Assurance
Notice
Assignment
Amendment
Severability
Governing Law
Jurisdiction
Enforcement
Remedies
Default
Counterparts
Entire Agreement
Time of Essence
Survival
Force Majeure
Costs and Expenses
Indemnification
Termination
Waiver
Successors and Assigns
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)
Legal
Real Estate
Commercial Lending
Credit Risk
Property Management
Securities Administration
Commercial Banking
Real Estate Investment
Documentation
Compliance
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
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