Lenders in the commercial real estate industry most times need an SNDA which refers to Subordination, Non-Disturbance, and Attornment Agreement. An SNDA helps define the connection and interests of the lender, the borrower, and the renter of the asset used to secure the loan. The SNDA is a valuable form of protecting the lender if the lender has to resort to foreclosing on the asset. The three clauses which make up the SNDA all have their primary function, which is briefly described below:
- Subordination: An SNDA’s subordination clause makes the renter’s leasehold interest in the property subordinate to the lender’s security instrument. This subordination ensures that the lender’s security instrument provisions take precedence over the lease.
- Non-Disturbance: Tenants generally seek a broad non-disturbance clause after subordinating their leasehold to the lender’s interest. In the event of a sale or foreclosure, the non-disturbance provision allows a tenant to remain in the property and keep its lease rights.
- Attornment refers to a tenant’s formal recognition (“attornment”) of a new property owner as their landlord. Regardless of whether the property was purchased through the foreclosure process, the attornment provision requires the tenant to recognize a purchaser of the leased property as its landlord.
After fulfilling the primary clauses of the SNDA, one concluding aspect is the negotiation process. While the three essential clauses are at the heart of any SNDA, several other provisions usually spell out the parties’ rights and responsibilities in the case of a foreclosure. These extra clauses are frequently the subject of negotiations. To learn more about the SNDA clauses and their effects on the foreclosure process for you as a lender, click here.
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