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Request Subordination of Mortgage

In order for HomEq to consider your request to subordinate our Mortgage/Deed of trust to another lender's Mortgage/Deed of trust, HomEq must receive:

  1. A non-refundable $250.00 review fee. This fee is to compensate HomEq for the cost of reviewing the subordination request. It is deemed to be earned upon receipt and is not refundable should the subordination request be declined.
  2. The following documents:
  • A completed Subordination Request Form PDF
  • A copy of the new or updated title report for the proposed new first lien.
  • A copy of the final title policy must also be provided to HomEq following recordation of the Mortgage/Deed of Trust and Subordination Agreement.
  • For the proposed new loan, the following documents: Good Faith Estimate of Closing Costs, Loan Application Form (must be signed by borrower unless indicates was not taken face-to-face), Pay-off Demand for the existing lien(s). If the new loan is an adjustable rate loan please complete page 2 of the Subordination Request Form PDF titled Subordination Request. If the existing first lien and the new loan are adjustable rate mortgages, please provide copy of original note for the existing first lien.
  • If there are any special requirements or documents needed to complete the request, submit them to HomEq with the information above.

In addition to receipt of the above items, your subordination request must meet the following terms.

  1. All HomEq mortgages on the subject property must be current and up-to-date.
  2. The monthly payment on the proposed new first lien cannot increase more than $50.00 over the existing monthly payment.
  3. There is no cash out or debt consolidation.
  4. The combined loan-to-value ratio of the new first mortgage and existing second mortgage should not exceed the current combined loan-to-value ratio. However, HomEq will consider a 3% increase to cover closing costs.
  5. This transaction cannot result in a lien subordinate the HomEq lien being paid in full prior to the HomEq lien
  6. Should HomEq approve the subordination of its loan, you agree to pay all costs associated with the subordination, including but not limited to: the cost of recording the Subordination Agreement and the cost of providing a copy of the lender’s new title policy. These costs are in addition to the non-refundable $250.00 review fee.
  7. All documents received must be consistent in the amounts shown for the proposed loan amount and interest rate. In the event the amount of the proposed new loan is increased or there are any other material changes in your pending transaction after HomEq has approved the subordination, we will need to re-analyze the subordination request. In such an event, an additional $100.00 subordination review fee must be received prior to the beginning of the re-review process.

Frequently Asked Questions

What is a Subordination Agreement?

When would I need a Subordination Agreement?

My loan with you isn't changing, why do you care if we get a new loan?

Why does HomEq require so many documents for a subordination?

Why does HomEq charge a fee for a Subordination Agreement?

How does HomEq calculate the Current Loan to Value (CLTV)?

Why does it take so long to approve subordination?

Why does HomEq charge a fee to redraw a Subordination Agreement?

Please be advised that the subordination review process can be relatively lengthy and may delay the closing of your pending transaction. In submitting your subordination request, you agree that HomEq will not be held liable for any damages arising from or related to HomEq’s failure to approve the subordination or approve it within a specific time limit, including, but not limited to, the expiration of a loan commitment or increase in interest rates. Submission of the Subordination Request Form, supporting documentation and payment of the review fee does not guarantee HomEq will approve the subordination of its loan and no reliance should be placed thereon.

Please complete the Subordination Request Form and submit it with all necessary documentation to the address on the Subordination Request Form. The subordination review process will not begin until the complete package and review fee are received. Only complete packages will be submitted for review. Fax requests will not be accepted. If the subordination request is approved, HomEq will prepare the Subordination Agreement.

Should you have any questions regarding this matter, please contact our Customer Service Department at (877) 867-7378, 5:00am to 5:30pm, PT, Monday through Friday.

Frequently Asked Questions

Q: What is a Subordination Agreement?
A: A subordination agreement is a recorded document used to establish lien position when more than one lien exists on a property.

Q: When would I need a Subordination Agreement?
A: You would need a subordination agreement if you have a first and second mortgage and you want to refinance your first mortgage. For example, you want to refinance your 13% first mortgage with a 9% first. When the 13% mortgage is paid off, the second mortgage will become the first mortgage. The lender will make the new 9% mortgage only if it is recorded as a first mortgage. The solution is to have the owner of the second mortgage sign a subordination agreement so the second will stay in its second position - subordinating allows the new 9% mortgage to be a first mortgage.

Q: My loan with you isn't changing, why do you care if we get a new loan?
A: When your new lender agreed to make you a loan, the decision was based upon a set of conditions including your existing first loan payment and interest rate being a certain amount. We must verify that your ability to repay our loan is not diminished by the new loan.

Q: Why does HomEq require so many documents for a subordination?
A:HomEq must review each subordination request to verify that your ability to repay our loan is not diminished by the new loan. Unfortunately, there is no one document that provides all the necessary information. With all the requested documents, we can make the best decision.

Q: Why does HomEq charge a fee for a Subordination Agreement?
A: A fee is required to process the paperwork as well as research the time sensitive information.

Q: How does HomEq calculate the Current Loan to Value (CLTV)?
A: HomEq calculates the CLTV by adding the payoff balance of the first loan to the payoff balance of any other secured loan and dividing the sum by the property value.

Q: Why does it take so long to approve a subordination?
A: Completing the document review, performing the calculations, preparing the subordination agreement and notarizing the agreement all take time. HomEq strives to complete subordination requests as quickly as possible. However, HomEq cannot begin the review process until all the necessary documentation is received together with the subordination fee. Delays can occur when a lender or title company fails to supply all the necessary information.

Q: Why does HomEq charge a fee to redraw a Subordination Agreement?
A: When a Subordination Agreement must be prepared a second time it is because something has changed, such as the amount of the new first mortgage. A fee is charged because of the time and effort involved in preparing the redraft.

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