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A California deed of trust includes a subordination clause. The property owner wants to refinance the first deed of trust. How does the subordination clause affect the second deed of trust holder?

Correct Answer

A) The subordination clause requires the second deed of trust holder to maintain junior position even when the first is refinanced

A subordination clause in a deed of trust requires the holder to maintain a junior lien position relative to a specified senior lien. When the first deed of trust is refinanced, the subordination clause means the second deed of trust holder agrees to remain in junior position behind the new first deed of trust.

Answer Options
A
The subordination clause requires the second deed of trust holder to maintain junior position even when the first is refinanced
B
The second deed of trust holder automatically receives a share of the new loan proceeds
C
The second deed of trust holder can refuse to subordinate and block the refinance
D
The subordination clause converts the second deed of trust into an unsecured note

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Related Topics & Key Terms

Key Terms:

subordinationlien_priorityrefinancejunior_lien

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