Subordination Agreement
DocumentsA document in which the HOA agrees to subordinate its lien rights to a mortgage lender's claim.
A subordination agreement is a legal document in which the HOA agrees to place its lien rights in a lower priority position relative to a specific mortgage or loan. Lenders sometimes require a subordination agreement from the HOA before approving a refinance, new mortgage, or construction loan on a property that has an outstanding HOA balance. By signing, the HOA agrees that the lender's mortgage will be paid before the HOA's lien in the event of foreclosure. HOAs should sign subordination agreements only after careful review by their attorney and should not subordinate unless the outstanding balance will be paid at closing. Subordination without payment can leave the association with an unenforceable lien.
Subordination agreements must be carefully reviewed because signing one improperly can permanently reduce the HOA's ability to collect a delinquent balance.
Frequently Asked Questions
Does the HOA have to sign a subordination agreement?
Related Terms
Lien
A legal claim against a property securing payment of an unpaid HOA debt.
Lien Rights
The HOA's legal authority to place a lien on a property for unpaid assessments.
Foreclosure
The legal process by which the HOA forces the sale of a property to satisfy an unpaid lien.
Estoppel Letter
A document from the HOA certifying the current balance owed by a seller at the time of a real estate transaction.
Managing all this manually?
LotWize handles subordination agreement tracking automatically — along with violations, ARC requests, meeting minutes, and homeowner communications, all in one platform built for self-managed HOAs.
Start 14-Day Free TrialThis page provides general information only — not legal or financial advice. HOA laws vary by state and community. Always consult your governing documents and an HOA attorney for guidance specific to your situation.