Glossary · Documents

Subordination, non-disturbance and attornment (SNDA)

Also called: SNDA, non-disturbance agreement, subordination agreement

Defined by the Research desk, The Lender Report · Sources reviewed

An agreement in which a tenant puts its lease behind the lender's mortgage, the lender agrees to honor the lease after a foreclosure, and the tenant agrees to treat the new owner as landlord.

The name lists the three promises. Subordination: the tenant agrees its lease ranks behind the lender’s mortgage. Non-disturbance: the lender agrees that if it forecloses, a tenant who is paying and performing can stay under its lease. Attornment: the tenant agrees to recognize whoever takes the property after foreclosure as its landlord and keep paying rent.

Each side gets something. The lender gets priority and a tenant who cannot walk away after a foreclosure, which protects the income behind the loan. The tenant gets assurance that its lease survives the landlord’s default.

Fannie Mae’s Multifamily Guide shows how a large lender frames it: each material commercial lease must be subordinate to the lien of the security instrument and must require the tenant to attorn to the lender, and the lender uses a standard SNDA form where the lease would leave it with landlord obligations it would not accept after a foreclosure. Banks follow the same logic for anchor and single tenants. The OCC handbook’s checklist asks whether a bank obtains subordination agreements when appropriate.

Read your leases first. Many already contain subordination and attornment language, and national tenants often insist on their own form, which adds time.

How it shows up in the data here

Not in the data. SNDAs are private agreements among a tenant, a landlord and a lender, and no filing on this site reports them. For banks and credit unions that hold loans on rented commercial property, see investor CRE lenders and the largest investor CRE books.

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Sources

  1. Fannie Mae Multifamily Guide, Part II, Chapter 1, Section 111.01E, Subordination, Non-Disturbance and Attornment, retrieved .
  2. OCC Comptroller's Handbook, Commercial Real Estate Lending, Version 2.0 (March 2022), retrieved .

Plain definitions for orientation, not legal, tax or credit advice. A lender's own policy decides what it will do.