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What is suborination?

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Anonymous

∙ 12y ago
Updated: 10/16/2024

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What is suborination and non disturbance agreement?

The correct term is "subordination". This is an agreement signed by a tenant and landlord of commercial property which is a recognition on the part of the tenant that the lease is subordinate to any mortgage which the landlord has or may in the future place on the property. Lenders sometimes want this so that the tenant recognizes that the lease does not have priority over a mortgage granted by the lender. The non disturbance agreement generally signed by the lender and/or landlord which indicates that so long as the tenant is not in default of the lease, the possession of the tenant will not be "disturbed" or in other words, the tenant will be allowed to remain in the premises even if the landlord should be in default of the mortgage.


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