Fairfax Virginia Tenant's Subordination (General - to a Lease/Easement)
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FAQ
When you take out a mortgage loan, the lender will likely include a subordination clause. Within this clause, the lender essentially states that their lien will take precedence over any other liens placed on the house. A subordination clause serves to protect the lender in case you default.
Subordination agreement is a contract which guarantees senior debt will be paid before other subordinated debt if the debtor becomes bankrupt.
Further, the SNDA is a document that typically states that the lease will be subordinate to the mortgage loan and the lender's interest in the property and that the tenant agrees to attorn to, or recognize, the lender or its assignee or transferee, as the new landlord.
By entering into an SNDA, the lender has agreed that upon acquiring title to the leased property through a foreclosure sale, that the lender, or any other purchaser at the sale, will "not disturb" the tenancy of the tenant, so long as the tenant is not in default, and that such tenancy will continue as if the
Subordination of lease refers to the tenant's consent to subordinate his or her rights over a property to the rights of the bank holding the mortgage on the property. A subordination of lease agreement is created for this purpose.
A subordination clause is a lease provision whereby the tenant subordinates its possessory interest in the leased premises to a third-party lender, usually a bank (the rights of the tenant are thus subject to the rights of the lender).
The purpose of an SNDA is to establish: The priority of the lien of the lender's security interest in the mortgaged property over the lien of the tenant's leasehold estate that is created under the commercial lease.
A subordination clause is a lease provision whereby the tenant subordinates its possessory interest in the leased premises to a third-party lender, usually a bank (the rights of the tenant are thus subject to the rights of the lender).
The attornment clause in an SNDA obligates the tenant to recognize the new owner of the property as its landlord regardless of whether the new owner acquired the property through a normal sale or a foreclosure.
