When a mortgage precedes an easement on a property, the possibility that one day the mortgage could be foreclosed poses a threat to the continued existence of the easement unless the holder of the mortgage signs an agreement that allows the easement to survive a foreclosure. In addition, "subordination" is necessary if a tax deduction will be sought for an easement donation. This model legal document provides a vehicle to satisfy both of these issues. Be sure to download both the model and the commentary.
Year: 2018
Author(s): Andrew M. Loza
Organization/Source: WeConservePA (formerly Pennsylvania Land Trust Association)
Topic tags: Conservation Easements, Model Supporting Documents to Easement Transactions, Mortgage Subordination and Non-Disturbance Agreements, and Trail and Public Access Easements
Related guides: Conservation Easement, Model Documents Overview, Pre-Existing Mortgages in Easement Transactions, and Using the Model Conservation Easement
The first edition was published in 2011 under the title "Model Mortgage Subordination and Commentary." The second edition was published in 2018 and received minor updates in 2022.
