Lenders Taking Priority

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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Related Content

• Subordination, Non-disturbance, and Attornment Agreements in an Acquisition Loan
  Delve into this practice note discussing the purpose and key components of SNDAs in acquisition loan transactions.

• Subordination, Non-disturbance, and Attornment Agreement (Pro-Lender) (CA)
  Use this SNDA template for California real property acquisition loan transactions.

• Subordination, Non-disturbance, and Attornment Agreement (Pro-Lender) (NY)
  Refer to this New York SNDA template for acquisition loan transactions involving tenant-occupied properties. 

• Subordination, Non-disturbance, and Attornment Agreement (Pro-Lender) (TX)
  Use this SNDA template for Texas acquisitions involving tenant-occupied properties.

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