Subordination Non-Disturbance and Attornment Agreement Meaning

As a copy editor with SEO expertise, I understand the importance of incorporating keywords into content to increase visibility on search engines. One term that may be relevant for those in the real estate industry is the subordination non-disturbance and attornment agreement, also known as SNDA.

An SNDA is a legal document that outlines the rights and responsibilities of lenders, tenants, and landlords in the event of a foreclosure on a property. It is often required by lenders to ensure that their mortgage interests are protected and to provide tenants with some degree of security.

Let`s break down the three components of an SNDA:

Subordination: This refers to the priority of liens on a property. In the case of a foreclosure, the lender wants their mortgage to be the primary lien on the property. Any other liens or claims must be subordinate to the lender`s mortgage. This means that the lender`s mortgage takes precedence over other liens or claims. Subordination can be voluntary, where a junior lienholder agrees to become subordinate to a senior lienholder, or it can be involuntary, where a court orders the subordination.

Non-Disturbance: This refers to the tenant`s right to continue occupying the property in the event of a foreclosure. A non-disturbance clause in an SNDA guarantees that the lender will not disturb the tenant`s right to possession as long as they are current on their rent payments and comply with the lease terms.

Attornment: This refers to the tenant`s obligation to recognize the new landlord in the event of a foreclosure. An attornment clause in an SNDA requires the tenant to recognize the lender or any new owner as their landlord and to continue paying rent. The lender or new owner also agrees to honor the existing lease agreement.

In summary, an SNDA is an important legal document that protects the interests of lenders, tenants, and landlords in the event of a foreclosure. It establishes the priority of liens on a property, guarantees the tenant`s right to possession, and requires the tenant to recognize the new landlord. Understanding the meaning of subordination, non-disturbance, and attornment clauses in an SNDA is crucial for those in the real estate industry.