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Roger, Lawyer
Category: Real Estate Law
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subordination lien

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refinancing a new morgauge but a credit card lien may prevent that.How do we subordinate the lien to get the modification.We are in Ma if that is relavent

Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney. Thanks for the question.

The credit card lien is not a secured lien against your home, so it doesn't have to be subordinated to your mortgage as it would not take a priority lien against your mortgage.

Thus, the credit card debt may count against your ability to refinance because its a debt that counts against your credit, which may reduce your credit score, and your eligibility to refinance.

However, the credit card debt has nothing to do with the mortgage company's lien against your house, and would not and could not be subordinated.
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