News & Analysis as of

Loans Subordination

Manatt, Phelps & Phillips, LLP

Is Your Lease Financeable?

It is often the case that parties enter into a lease thinking it is a temporary use of space by the tenant, which frequently amounts to nothing more than an expense line item on the budget. However, if a lease is structured...more

Miller Starr Regalia

Lenders Beware! Seller Subordination Agreement Ahead Lenders Beware! Seller Subordination Agreement Ahead

Miller Starr Regalia on

In Citizens Business Bank v. Gevorgian (2013) 218 Cal.App.4th 602, the Court declined to enforce a subordination agreement, where modifications to the underlying loan accomplished through a “side letter” to the construction...more

Miller Starr Regalia

Beware of Deed of Trust Securing Multiple Loans: Priorities May Not Be as They Appear!

Miller Starr Regalia on

In R.E. Loans LLC v. Investors Warranty of America, Inc. (2013) 212 Cal.App.4th 1432, the court of appeal decided that a subordination agreement was enforceable even though the new deed of trust (“subordinating loan”) to...more

Baker Donelson

Beware of Intervening Liens in Subordination Agreements

Baker Donelson on

Most lenders that service second mortgages or equity lines have received requests to subordinate their loan to a subsequent refinance loan. Many times these requests come years after the refinance loan was closed. Most...more

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