Escrow & Title

What is a 'subordination agreement' in Delaware real estate financing?

AAn agreement by a senior lien holder to accept payments after a junior lien is paid
BAn agreement by a lienholder to accept a lower priority position relative to another lien — often required when refinancing or adding new financing
CAn agreement by a tenant to subordinate their lease rights to the lender's mortgage
DBoth B and C — subordination agreements are used in both mortgage and lease contexts✓ Correct

Explanation

Subordination agreements are used in two real estate contexts: (1) mortgage subordination — a senior lienholder agrees to accept a lower priority to allow a new lender a superior position; (2) lease subordination (SNDA) — a tenant agrees their lease rights are subordinate to the lender's mortgage. Both protect lenders and are common in Delaware commercial real estate transactions.

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