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Lenders Taking Priority

May 23, 2023 (1 min read)

Landlords and their lenders generally require that tenants subordinate their leasehold interest to existing real property mortgages and deeds of trust, and recognize and attorn to any subsequent landlords who acquire title to the mortgaged property (e.g., by means of a foreclosure sale). In exchange, the lenders agree not to terminate or disturb non-defaulting tenants’ lease rights when lenders foreclose on the mortgaged property. Refer to this subordination, non-disturbance, and attornment agreement (SNDA) template for use with Missouri acquisition loan transactions. For other jurisdictional templates and additional information on SNDAs, see the Related Content below.

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