A Washington Non-Disturbance and Attornment Agreement, also known as an NDA, is a legal document that protects a tenant's rights in the event of a foreclosure on the property they are renting. It ensures that the tenant's lease is recognized and honored by the new owner, who may acquire the property through foreclosure proceedings. The agreement involves three parties: the tenant, the landlord (original property owner), and the new owner (foreclosing lender or buyer). It establishes a contract between the tenant and the new owner, whereby the tenant agrees to recognize the new owner as their landlord and continue paying rent to them, while the new owner agrees to respect the tenant's lease rights and not disturb their tenancy. The purpose of a Washington Non-Disturbance and Attornment Agreement is to provide security and stability for tenants in the event their landlord defaults on their mortgage and the property is foreclosed. Without this agreement, tenants could potentially face eviction or be forced to renegotiate their lease with the new owner under less favorable terms. There are different types of Washington Non-Disturbance and Attornment Agreements that may vary based on individual lease agreements and the specific circumstances of the foreclosure. Some common variations include: 1. Sole Agreement NDA: This type of NDA only includes the tenant, landlord, and new owner. It confirms the tenant's agreement to recognize the new owner as their landlord and continue fulfilling their lease obligations after foreclosure. 2. Three-Party NDA: In addition to the tenant, landlord, and new owner, this agreement may also involve the borrower (original property owner who defaulted on their mortgage). The borrower agrees to cooperate with the new owner's efforts to enforce the NDA and acknowledges that any rental payments made by the tenant will be used to satisfy their debt obligations. 3. SNDA (Subordination, Non-Disturbance, and Attornment Agreement): An SNDA combines a non-disturbance agreement with a subordination agreement. It allows the tenant's lease to remain subordinate to the mortgage, meaning that the new owner has priority rights in case of foreclosure. However, it guarantees the tenant's non-disturbance rights and attornment to the new owner. Washington Non-Disturbance and Attornment Agreements are essential in protecting the interests of tenants during the foreclosure process. By having this agreement in place, tenants can have peace of mind knowing that their lease rights will be upheld and that their tenancy will not be abruptly disrupted due to a change in ownership resulting from foreclosure.