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THIS FORM DISTURBANCE AND ATTORNMENT AGREEMENT HAS BEEN PREPARED BY FREDDIE MAC FOR INFORMATIONAL PURPOSES ONLY. TECHNICAL REVISIONS AND SUBSTANTIVE CHANGES MAY BE NECESSARY FOR IT TO BE IN EXECUTABLE

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How to fill out non-disturbance and attornment agreement

How to fill out a non-disturbance and attornment agreement:

01

Begin by clearly identifying all parties involved in the agreement, including the landlord (Lessor), tenant (Lessee), and any mortgage lender (Mortgagee) or third-party (such as a buyer or sublessee) who may have an interest in the property.

02

Specify the details of the lease agreement between the Lessor and Lessee, including the lease term, rental payment obligations, and any special terms or conditions.

03

Clearly outline the mortgage loan agreement between the Lessor and Mortgagee, including any existing or future mortgages on the property. Include details such as the loan amount, interest rate, and repayment terms.

04

Include provisions for non-disturbance, ensuring that the Lessee's rights and tenancy will not be affected in the event of a foreclosure or transfer of ownership of the property. This typically includes the Mortgagee agreeing to recognize the Lessee's lease and not disturb their possession or use of the property.

05

Address the attornment clause, which obligates the Lessee to attorn or recognize any new owner or successor of the property in the event of a foreclosure or transfer. This clause is important for the Mortgagee to have assurance that the Lessee will continue to abide by the terms of the lease agreement, even under new ownership.

06

Include any additional provisions or agreements that may be necessary or desired by the parties involved. This could include provisions for subordination, estoppel certificates, or other conditions relevant to the specific situation.

07

Sign and date the agreement, ensuring that all relevant parties have reviewed and agreed to its terms.

Who needs a non-disturbance and attornment agreement:

01

Commercial tenants: Businesses leasing space in a commercial property are often required by lenders to sign a non-disturbance and attornment agreement. This provides protection for the tenant's right to occupy the property in the event of a foreclosure or change in ownership.

02

Landlords with mortgage financing: Commercial landlords who have a mortgage on their property may need a non-disturbance and attornment agreement to protect their tenants' rights in the event of a foreclosure. This agreement ensures that the tenant's lease will be recognized and honored by the new owner or mortgagee.

03

Mortgage lenders or third parties: Mortgage lenders or third parties financing a property may require a non-disturbance and attornment agreement to provide assurance that the tenant's lease will be recognized and their occupancy rights protected, even in the event of foreclosure or a change in ownership.

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What is non-disturbance and attornment agreement?

A non-disturbance and attornment agreement is a contract between a tenant, landlord, and lender which ensures that the tenant's lease will not be disrupted, even if the property is foreclosed upon.

Who is required to file non-disturbance and attornment agreement?

Typically, the landlord or property owner is required to file the non-disturbance and attornment agreement with the lender.

How to fill out non-disturbance and attornment agreement?

To fill out a non-disturbance and attornment agreement, you will need to include specific details about the lease, the lender, and the landlord, as well as any additional terms and conditions that may apply.

What is the purpose of non-disturbance and attornment agreement?

The purpose of a non-disturbance and attornment agreement is to protect the tenant's rights in case of a property foreclosure, ensuring that the tenant can continue to occupy the space without interruption.

What information must be reported on non-disturbance and attornment agreement?

The non-disturbance and attornment agreement typically includes details about the tenant's lease, the lender's rights in case of foreclosure, and any other terms agreed upon by the parties.

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