finance

subordination clause

A subordination clause is a provision in a mortgage or lease in which a party agrees that its lien or interest will take a lower priority than another lien, often one recorded later. It is commonly used when a land seller finances a sale and agrees to let a construction lender take first position, or when a borrower refinances a first mortgage while keeping a home equity loan.

Exam tip
Lien priority normally follows recording date, but a subordination agreement changes that order by consent.
Example
A land seller carrying a $100,000 note agrees to subordinate it so the buyer's $500,000 construction loan becomes the first lien.

Related terms & state variants

Sources

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Last verified: 2026-10-23