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What is a Subordination, Non-Disturbance and Attornment
Agreement? |

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A Subordination clause is if
the lease is recorded or the tenant has taken posession of the
leased premises, before the recordation of a mortgage on the
premises, then the lien of the lease takes priority over
the lien of the mortgage. A tenant can protect themselves by
insisting that it not be required to subordinate the lease unless a
Subordination, Non-Disturbance and Attornment Agreement be made with
the tenant. This agreement assures the tenant that the
mortgage holder will not disturb their possession as long as the
tenant is default under the lease.
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