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Mortgage Subordination

When a mortgage precedes an easement on a property, there is no guaranty of perpetual enforceability of the easement unless the mortgage holder signs a document (sometimes called a mortgage subordination) that allows the easement to survive a foreclosure of the mortgage. While not easy or quick to obtain, careful preparation that addresses the concerns of the mortgage holder can expedite the process.
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Last modified by Nate Lotze

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