Non-disturbance And Attornment Agreement Form

State:
Multi-State
Control #:
US-0734-WG
Format:
Word; 
Rich Text
Instant download

Description

The Non-Disturbance and Attornment Agreement form is a legal document that facilitates the relationship between a tenant, lender, and borrower in a real estate context. The primary purpose of this form is to ensure that a tenant's lease rights are protected in the event of a foreclosure or transfer of property ownership. Key features include the subordination of the lease to the lender's deed of trust, the assurance that the tenant will not be disturbed as long as they comply with lease terms, and the requirement for the tenant to attorn to the lender if foreclosure occurs. This form is crucial for maintaining a stable landlord-tenant relationship during financial transitions related to property ownership. Filling and editing instructions advise users to complete all the designated fields accurately, including parties' names, property description, and relevant dates. The form serves attorneys, partners, owners, associates, paralegals, and legal assistants by providing a clear guideline on tenant rights, lender obligations, and the implications of lease agreements in real estate transactions, ultimately helping to avoid legal disputes.
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FAQ

An "attornment" is the act by which tenants acknowledge a new owner of the property as their new landlord. The attornment clause in an SNDA obligates the tenants to accept a new owner as their landlord, regardless of whether the new owner acquires the property in a normal sale or following a foreclosure.

The subordination clause gives the third-party lender the option to terminate the lease in the event of commercial foreclosure. A non-disturbance clause or agreement provides the tenant the right to continue occupying the leased premises as long as they do not default.

A nondisturbance clause is a provision in a mortgage contract that ensures that a rental agreement between the tenant and the landlord will continue under any circumstances. This is done primarily to protect the renter from eviction by the mortgagor if the property is foreclosed upon by the lender.

The non-disturbance clause offers some assurance to tenants that their rights to the premises will be preserved even if the landlord does not accomplish its duty to make payments to the lender.

A Covenant that promises that the grantee or tenant of an estate in real property will be able to possess the premises in peace, without disturbance by hostile claimants. Quiet enjoyment is a right to the undisturbed use and enjoyment of real property by a tenant or landowner.

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Non-disturbance And Attornment Agreement Form