"Subordination Nondisturbance and Attorney Agreement Form and Alternative Provisions" is a American Lawyer Media form. This form is for subordination nondisturbance and attorney agreement form and alternative provisions.
New York Subordination Nondisturbance and Attorney Agreement Form (SODA) is a legal document commonly used in real estate transactions to clarify the rights and obligations of lenders, tenants, and landlords. It outlines the relationship between these parties in regard to subordination, non-disturbance, and attorney representation in case of any disputes or defaults. The document contains several key provisions that protect the interests of the parties involved. These provisions may vary depending on the specific agreement, but they typically include the following: 1. Subordination: This provision establishes the priority of the lender's lien on the property. It states that the tenant's leasehold interest is subordinate to the mortgage lender's rights, meaning that in the event of foreclosure, the lender has the right to terminate the lease and take over the property. 2. Non-Disturbance: This provision ensures that the tenant's rights and leasehold interest will not be disturbed by the lender's actions. It guarantees that as long as the tenant is not in default under the lease, the lender will not interfere with their occupancy or seek to terminate the lease. 3. Attornment: This provision obligates the tenant to recognize the lender as the new landlord in case of foreclosure or transfer of ownership. It ensures that the tenant will continue to pay rent and perform their obligations under the lease to the new owner or lender. 4. Notice and Cure Period: This provision defines the notice requirements and cure period for defaults under the lease. It outlines the steps that must be taken by the non-defaulting party to notify and provide the defaulting party with an opportunity to remedy the breach before any further action is pursued. 5. Attorney Representation: This clause states that each party has the right to retain legal counsel and be represented by an attorney throughout any disputes or negotiations related to the agreement. It ensures that all parties have access to legal advice and guidance to protect their interests. Alternative provisions may exist within different variations of the New York SODA. For example, some agreements may include additional clauses addressing environmental compliance, insurance requirements, or specific terms related to the particular property or transaction. It's essential to carefully review and customize the SODA to suit the specific needs and circumstances of the parties involved in a given real estate transaction.
