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Updated over 7 years ago,

User Stats

3
Posts
1
Votes
Mitchell Heddings
  • New York City, NY
1
Votes |
3
Posts

No Junior Lien Clause

Mitchell Heddings
  • New York City, NY
Posted

Hi, Guys. I have a question for any attorneys & mortgage gurus out there, that might be able to help :) 

Recently... I obtained financing for a project and noticed an interesting clause at closing. Basically, it says - 

"Borrower understands the lender is the owner of the senior mortgage and obligations secured thereof"... and then... " if any interest in the property is subject to a junior mortgage without lenders express consent"... "lender reserves the right to require immediate payment in full of all sums due". 

It then spills another paragraph about acceleration and their option to execute if desired if another mortgage is attached to the property after closing. 

My question.... is this even legally allowed, or enforceable? I've been doing this for a while, and I've never seen a provision like this. I wasn't planning to even take out an additional loan but was quite surprised when I noticed the wording. It's different and peaked my interest. 

Also - I'm in the State of NY if that helps. 

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