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Subordination, Non-Disturbance, and Attornment Agreement (SNDA)

Draft SNDA Agreements in Minutes, Not Hours

15 minutes with CaseMark

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Workflow

Subordination, Non-Disturbance, and Attornment Agreement (SNDA)

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Workflow

Subordination, Non-Disturbance, and Attornment Agreement (SNDA)

Overview

Drafting SNDA agreements manually requires extensive research across multiple legal resources, careful coordination of subordination and non-disturbance provisions, and meticulous review of lease and loan documents. Attorneys spend hours searching for jurisdiction-specific templates, verifying standard clauses from bar associations, and ensuring all three parties' interests are properly balanced.

Drafting Subordination, Non-Disturbance, and Attornment Agreements requires meticulous review of lease and loan documents, careful balancing of competing interests among landlords, tenants, and lenders, and precise legal drafting to protect all parties. Manual SNDA preparation typically takes 4-5 hours of attorney time, involving extensive document review, cross-referencing terms, and ensuring all provisions align with the underlying transaction documents.

CaseMark automates SNDA creation by analyzing your lease agreements and loan documents to generate comprehensive, balanced agreements in minutes. Our AI extracts critical information from all transaction documents, ensures consistency across party names and property descriptions, and drafts tailored subordination, non-disturbance, and attornment provisions that protect tenant rights while securing lender priority.

How it works

  1. 1. Upload your documents

  2. 2. AI analyzes and extracts key information

  3. 3. Review and customize the generated content

  4. 4. Export in your preferred format (DOCX, PDF)

What you get

  • Recitals

  • Subordination

  • Non-Disturbance

  • Attornment

  • Representations and Warranties

  • Additional Provisions

  • Execution and Signatures

What it handles

  • Recitals

  • Subordination

  • Non-Disturbance

  • Attornment

  • Representations and Warranties

  • Additional Provisions

  • Execution and Signatures

Required documents

  • Lease Agreement

    Complete commercial lease agreement including all amendments, showing landlord/tenant details, premises description, term dates, rent schedules, and any existing subordination provisions

    PDF, DOCX

  • Loan Documents

    Mortgage or deed of trust, promissory note, and loan agreement containing lender information, loan amount, property legal description, and recording information

    PDF, DOCX

Supporting documents

  • Memorandum of Lease

    Recorded memorandum of lease with recording information and legal description

    PDF, DOCX

  • Prior SNDA

    Any existing subordination agreements or non-disturbance agreements affecting the property

    PDF, DOCX

  • Title Report

    Current title report or commitment showing property legal description and existing encumbrances

    PDF

Why teams use it

Generate complete SNDA agreements in 12 minutes vs. 3.5 hours manually

Automatically extract key terms from lease and mortgage documents using AI

Access verified legal sources and templates from Practical Law, bar associations, and industry resources

Ensure balanced protection for landlords, tenants, and lenders with comprehensive clauses

Maintain consistency across transactions with standardized, jurisdiction-appropriate language

Questions

What is a Subordination, Non-Disturbance, and Attornment Agreement?

An SNDA is a tri-party agreement among a landlord, tenant, and lender that establishes the priority of the lender's mortgage over the tenant's lease (subordination), protects the tenant's right to remain in possession if the lender forecloses (non-disturbance), and requires the tenant to recognize a new owner as landlord (attornment). This agreement is typically required by commercial real estate lenders as a condition of financing and protects all parties' interests in the event of foreclosure or ownership transfer.

How does CaseMark draft an SNDA from my documents?

CaseMark analyzes your uploaded lease agreement and loan documents to extract critical information including party details, property descriptions, lease terms, loan amounts, and recording information. The AI then generates a comprehensive SNDA with tailored subordination provisions, non-disturbance protections conditioned on tenant performance, attornment covenants, representations and warranties, and notice requirements. All provisions are customized based on the specific terms of your transaction documents and the chronological relationship between the lease and mortgage.

What are the key provisions that should be included in an SNDA?

A comprehensive SNDA should include: (1) subordination language making the lease subject to the mortgage; (2) non-disturbance covenant protecting tenant occupancy if the lender forecloses, conditioned on tenant performance; (3) attornment provisions requiring tenant recognition of successor landlords; (4) limitations on successor landlord liability for prior landlord defaults; (5) notice and cure rights allowing the lender additional time to remedy defaults; (6) restrictions on lease modifications without lender consent; and (7) representations from all parties regarding the status of the lease and loan. CaseMark automatically includes all essential provisions tailored to your transaction.

Why does the chronological relationship between the lease and mortgage matter?

Under common law, the priority between a lease and mortgage is generally determined by which was recorded first. If the lease predates the mortgage, the tenant's rights may be superior to the lender's lien, meaning the lease could survive foreclosure without subordination. If the mortgage predates the lease, the lender's lien is already superior. Lenders typically require SNDAs regardless of timing to ensure clear priority and establish the terms under which the lease will continue after foreclosure, providing certainty for all parties.

How long does it typically take to draft an SNDA manually versus with CaseMark?

Manual SNDA preparation typically requires 4-5 hours of attorney time to review the lease and loan documents, extract relevant information, verify consistency across documents, draft tailored provisions balancing all parties' interests, and ensure proper execution formalities. CaseMark reduces this process to approximately 15 minutes by automating document review, information extraction, and initial drafting, allowing attorneys to focus on final review and any transaction-specific customizations rather than starting from scratch.

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