A Montgomery Maryland Non-Disturbance and Attornment Agreement is a legal document that establishes the rights and obligations between a tenant, landlord, and a lender or financier. This agreement provides protection to the tenant in case of foreclosure or a change in ownership of the property. It ensures that the tenant's lease remains intact, and the new owner or lender recognizes the tenant and will not disturb their possession of the premises. In Montgomery County, Maryland, there are two common types of Non-Disturbance and Attornment Agreements that can be encountered: 1. Tenant Non-Disturbance Agreement: This type of agreement is typically between a tenant and a lender. It ensures that in the event of a foreclosure or transfer of ownership, the lender agrees to honor the tenant's rights and lease agreement. The tenant's possession and lease terms remain unchanged, providing a level of stability and security. 2. Subordination, Non-Disturbance, and Attornment Agreement (SODA): This agreement involves three parties: the tenant, landlord, and lender. It establishes the understanding that if the landlord defaults on their loan, the tenant will recognize the lender as the new owner and continue paying rent to them, without any disturbance or interruptions. It also ensures that the lender recognizes the tenant's rights and would not terminate the lease after foreclosure. The SODA protects all parties involved, providing assurance in case of unexpected circumstances. The importance of a Non-Disturbance and Attornment Agreement is crucial for both tenants and lenders as it protects their respective interests. Tenants gain security knowing their lease will be honored, and lenders can maintain cash flow even in situations where the property changes hands. These agreements are often required by lenders to mitigate their risk and ensure a smooth transition in case of unforeseen events. Overall, a Montgomery Maryland Non-Disturbance and Attornment Agreement is a legal instrument that safeguards the rights and interests of tenants, landlords, and lenders, providing stability during times of ownership changes, foreclosure, or default.