Property Management
What is 'lease subordination, non-disturbance, and attornment agreement' (SNDA) in Delaware commercial real estate?
AAn agreement between buyer and seller about lease assumption at closing
BAn agreement among the landlord, tenant, and lender: the tenant subordinates their lease to the mortgage; the lender agrees not to disturb the tenant if foreclosure occurs; and the tenant agrees to attorn (recognize) the new owner after foreclosure✓ Correct
CAn agreement between a property manager and owner about lease authority
DA Delaware government form required for all commercial leases
Explanation
An SNDA is a three-party agreement: (1) Subordination: the tenant agrees their lease is junior to the lender's mortgage; (2) Non-disturbance: the lender agrees not to terminate the lease in foreclosure as long as the tenant is not in default; (3) Attornment: the tenant agrees to recognize the new owner after foreclosure. SNDAs provide comfort to both tenants (their lease survives foreclosure) and lenders (the tenants will cooperate).
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