Property Ownership

In Tennessee, a 'subordination agreement' allows a later-recorded lien to take priority over an earlier recorded lien. This is most commonly used when:

AA property is sold at tax sale
BA new construction loan is needed but a prior permanent loan or land lien exists✓ Correct
CA tenant's lease takes priority over a new mortgage
DA second mortgage pays off the first

Explanation

When a developer obtains a construction loan on land with an existing mortgage or land loan, the existing lienholders may be asked to execute subordination agreements to place the new construction loan in first position. This is required by most construction lenders.

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