Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime
Private Lending & Conventional Mortgage Advice
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated about 8 years ago on . Most recent reply

User Stats

24
Posts
5
Votes
Sushil Sureka
  • Investor
  • Austin, TX
5
Votes |
24
Posts

2nd lien - can the first lien holder stipuate conditoins on 2nd

Sushil Sureka
  • Investor
  • Austin, TX
Posted

We are looking to loan out money against a second lien. While reviewing the 1st lien, we saw this in the family rider that was attached as part of first lien.

C. Subordinate Liens: Except as permitted by federal law, Borrower shall not allow any lien inferior to the security instrument to be perfected against the Property without Lender's prior written permission.

Now initially it seemed like to put the 2nd lien, we would need to get first lienholde approval. But reading it again it seems like it suggests to say if it is permitted by federal law, 2nd liens are fine. What is your reading of this clause?

SS

Loading replies...