SNDA (Subordination, Non-Disturbance, Attornment) review

Tri-party SNDA between landlord, tenant, and mortgagee.

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8 document-specific checks
+ 109 general checks
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What it checks

Subordination clause (lease to mortgage)

SNDA must contain an express subordination of the lease to the mortgage.

Critical · RE-046

Non-disturbance covenant

Lender's non-disturbance covenant protects tenant on foreclosure.

Critical · RE-047

Attornment by tenant

Tenant attornment to the successor / foreclosure purchaser.

Critical · RE-048

Lender / successor obligations limited

SNDA should limit lender's / successor's liability for prior landlord's defaults.

Warning · RE-049

Notice to lender of landlord default

Tenant should agree to provide notice and cure window to lender for landlord defaults.

Critical · RE-050

No prepayment of rent (more than one month)

Lender wants tenant to covenant not to prepay more than one month rent.

Warning · RE-051

No modification of lease without lender consent

Lender wants veto on material lease modifications post-loan.

Warning · RE-052

Recording / memorandum of SNDA

SNDA is commonly recorded.

Warning · RE-053

Every run also applies 109 general checks that belong to any agreement: structure, parties and signatures, defined terms, cross-references, dates, amounts, and one-sided terms.

Often reviewed with

Estoppel Certificate

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