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FUTURI REAL ESTATE v. ATLANTIC TRUSTEE

Record No. 181501.

835 S.E.2d 75 (2019)

FUTURI REAL ESTATE, INC. v. ATLANTIC TRUSTEE SERVICES, LLC, et al.

Supreme Court of Virginia.

November 27, 2019.

Attorney(s) appearing for the Case

Jonathan A. Nelson , Fairfax, (Smith & Pugh, on briefs), for appellant.

Mariam W. Tadros , Tysons Corner, ( Abigail S. Reigle ; Chaunacie L. Wilkerson ; Michael A. Glasser ; Rees Broome; Glasser & Glasser, on briefs), for appellees.

PRESENT: Lemons, C.J., Mims, Powell, Kelsey, McCullough, and Chafin, JJ., and Lacy, S.J.

OPINION BY SENIOR JUSTICE ELIZABETH B. LACY

In this appeal, we consider, as a matter of first impression, whether a subordination agreement between a senior lienholder and a lienholder in third priority, which addresses only the priority of the parties to the agreement, should be construed as a complete or partial subordination of the senior lienholder's priority position.

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