Real Estate · General

What is 'subordination, non-disturbance, and attornment' (SNDA) in commercial real estate leasing?

Correct answer

A three-part agreement between lender, landlord, and tenant: SUBORDINATION (tenant's lease is subordinate to the lender's mortgage); NON-DISTURBANCE (lender agrees not to disturb the tenant's possession if they foreclose, as long as the tenant is not in default); ATTORNMENT (tenant agrees to recognize the new owner — including the lender after foreclosure — as their landlord)

  1. A An addendum for residential purchases
  2. B A three-part agreement between lender, landlord, and tenant: SUBORDINATION (tenant's lease is subordinate to the lender's mortgage); NON-DISTURBANCE (lender agrees not to disturb the tenant's possession if they foreclose, as long as the tenant is not in default); ATTORNMENT (tenant agrees to recognize the new owner — including the lender after foreclosure — as their landlord)
  3. C A zoning variance application
  4. D A title insurance endorsement

Why this is the answer

SNDA AGREEMENTS are standard in commercial real estate financing and leasing. Why each provision matters: SUBORDINATION: The lender's mortgage takes priority over the tenant's lease — if the building is foreclosed, the senior position matters for property rights. Without subordination, a lease that predates the mortgage might survive foreclosure. NON-DISTURBANCE: Protects the tenant — they don't want to lose their space because the landlord defaulted on their loan. The lender agrees to honour the lease even after foreclosure. ATTORNMENT: The tenant agrees to recognize the new owner (foreclosing lender or purchaser at foreclosure) as their landlord and pay rent to them. Without SNDA, tenant and lender are in a position of uncertainty after foreclosure. Commercial tenants with significant improvements or long-term leases almost always require SNDAs before signing.
Source: Real Estate State Exam, SNDA Agreement

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