State-Specific Real Property Laws: Individual state laws governing deeds of trust, including specific recording and formatting requirements for real estate documents. These vary by jurisdiction and must be strictly followed.
Uniform Commercial Code (UCC): Article 9 of the UCC regarding secured transactions and priority rules for creditors, which affects how subordination agreements are structured and enforced.
Federal Laws: Key federal regulations including Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), and Home Ownership and Equity Protection Act (HOEPA) that govern lending practices and disclosures.
State Consumer Protection Laws: State-specific regulations covering lending practices, usury limits, and consumer protection measures that must be considered in subordination agreements.
Local Recording Requirements: Specific requirements from county recorder's offices, including document formatting standards and notarization requirements for valid recording of the subordination agreement.
Title Insurance Considerations: Requirements set by title companies and recording priority rules that affect the subordination agreement's validity and insurability.
Bankruptcy Code: Federal bankruptcy laws that impact how subordination agreements are treated in bankruptcy scenarios, including preference period considerations and enforcement during bankruptcy proceedings.
