SDNA Agreements
A subordination, non-disturbance and attornment (SNDA) agreement serves three functions:
1. Subordination: The agreement will place the lender-mortgagee’s lien on the property in first position even if a lease predates the recording of the mortgage lien.
2. Non-disturbance: The agreement allows the lease to remain in effect so long as the tenant is not in default even if the lender forecloses on the property. This provision is particularly important for a tenant if the lease is for an extended period of time or if there are substantial build-out expenses or the tenant otherwise invests heavily in the location.
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3. Attornment: The agreement creates a contractual bond between the tenant and third-party mortgagee, such that the tenant agrees to recognize the mortgagee as the landlord in the event of a foreclosure.
Source: Robert Machson, writing for Retail Traffic.
Last Updated on December 23, 2012 by Ramin Seddiq