In one sentence
The recording of a subordination, non-disturbance, and attornment agreement to bind successors and give it priority effect.
The longer version
Recording an SNDA puts the world on notice of the arrangement between lender, landlord, and tenant, and can be important for its enforceability against future parties. Whether to record depends on the deal and jurisdiction.
SNDA collection and recording are tracked lease-related closing items, especially where major tenants are involved.
Common questions
- Why record an SNDA?
- To give public notice of the agreement and bind successors, including a buyer at foreclosure, which strengthens its effect on priority.
- Are all SNDAs recorded?
- Not always. Recording depends on lender requirements and local practice, and is more common for major tenants or long-term leases.
- What is recorded with an SNDA?
- The SNDA itself, or a memorandum of it, in the county land records where the property sits.
Keep reading
- The commercial loan closing checklistWhat goes on the list and who owns each line.
- The due diligence checklist, built to be runChecklists as systems, not documents.
- The commercial loan closing processThe five stages from term sheet to funded.
- Loan closing softwareWhere this item is cleared before funding.