I have never really paid enough attention to notice whether they have always charged for two marginals on subordination agreements, but I assume they have. That is what I would expect, at least.

A subordination agreement basically says that the mortgage at Vol. XXX, Page XXX is here by subordinated to mortgage at Vol. YYY, Page YYY. Thus, it references two other documents and I would assume that both would be marginalized.

In the books it was not particularly a big deal, because the subordination agreement was generally the document immediately following the new mortgage. It was much more important to have the reference to the old one. However, now that they are on the computer, you wouldn't naturally look at the next document so I think the marginal is more important than it used to be.

So, to me it does not seem like an overcharge. I just can't think of a reason why I wouldn't want both marginals to be made. I don't think I would argue with the recorder over it, so long as they are making some kind of notation. The only time I get upset is when the county charges the fee, but doesn't make ANY notation because they don't believe it is necessary with the computer index anymore.

Best,
Robert A. Franco
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