In most cases, a priority agreement is registered by a lender (bank) that holds a mortgage that must take precedence over a previously registered mortgage. One of the most common situations where this is the case is that a developer used a secondary lender to finance the early stages of development, and as soon as the development entered the construction phase, an institutional lender (large bank) released additional funds to carry out the project. In most cases, the institutional lender will apply as a precondition for granting a priority agreement over the first lender. Guaranteed creditors are free to vary the priority of their interests as they see fit. You do not need the consent of the debtor who does not have the right to insist on the order in which successive debts are met. A priority agreement is a rating on a country title in which a royalty holder has chosen to give priority to a subsequent royalty holder over its previous recorded royalty. The rules on priorities are complex and, in the absence of a contractual agreement between competing creditors, there may be considerable uncertainty about competing security interests in the order of priority. For more information, see Exercise Instructions: Priority between security interests. Setting priorities between competing creditors is an effective way to avoid the uncertainty of priorities caused by the complex rules established by the common law and status. If the revenues from the execution of the guarantee are not sufficient to pay all competing secured creditors, the priority issues are particularly critical, as one or more of them may not recover all the amounts liabilited if the entity cannot pay other assets. In such cases, a higher-ranking creditor has considerable advantages.
Competing security interests arise when more than one creditor has taken guarantees on the same asset or group of assets. Determining the order of priority between these security interests determines the order in which each of the secured creditors can claim the guaranteed property in a scenario of coercion or insolvency.