Glossary

Memorandum of Lease

In one sentence

A short recorded document giving public notice of a lease without disclosing its full terms.

The longer version

Rather than record an entire lease, parties record a memorandum noting the lease's existence, parties, and term. It protects the tenant's interest of record while keeping economics private.

Memoranda matter to lenders because they affect title and priority, and they intersect with SNDAs on major leases.

Common questions

What is a memorandum of lease?
A short recorded document giving public notice that a lease exists and its key terms, without disclosing the full lease.
Why record a memorandum of lease?
To protect the tenant's rights against later purchasers and lenders by putting them on notice, especially for options and rights of first refusal.
Why does a recorded memorandum matter to a lender?
Because a recorded lease interest may have priority over a later mortgage unless subordinated, which is why lenders review them against the title commitment.
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