Subordination, Non Disturbance, And Attornment Agreement Form
Use a Subordination, Non Disturbance, And Attornment Agreement template to make your document workflow more streamlined.
What this agreement does
A Subordination, Non Disturbance, And Attornment Agreement Form is a real-estate document that coordinates a lender’s lien priority with a tenant’s lease rights. The tenant agrees that its lease may be subordinate to a mortgage, while the lender agrees not to disturb the tenant’s possession if specified conditions are met. Attornment requires the tenant to recognize a successor owner or lender as landlord after enforcement or transfer. The agreement identifies the property, parties, lease, financing, notice requirements, and signatures. State recording, notarization, and enforceability requirements should be confirmed locally.
Who benefits from this agreement
Commercial real estate attorneys use the agreement to coordinate lender, landlord, and tenant signatures when a lease must remain effective after foreclosure or a change in property ownership. Property managers and leasing teams use signNow templates to collect tenant acknowledgments, lender protections, and successor-landlord commitments without coordinating repeated paper mailings.
Who uses this agreement
Commercial lenders
Commercial real-estate lenders use the agreement to document mortgage priority, non-disturbance conditions, notice addresses, and tenant obligations before financing closes.
Property parties
Landlords, tenants, and property counsel use it to confirm lease continuity, successor-owner recognition, signature authority, and any state-specific acknowledgment or recording steps.
How this agreement works online
The agreement records how lender priority, tenant possession, and successor-landlord obligations interact when property financing or ownership changes.
Confirm details: Identify parties and property details before preparing the agreement. Prepare document: Upload the agreement and place required signature fields. Route signatures: Send ordered invitations to lender, landlord, and tenant. Archive record: Store the completed agreement and audit trail securely.
Recommended agreement workflow setup
Configure the agreement around verified parties, controlled signing, complete audit evidence, and the applicable property-record retention policy.
| Setting | Recommendation |
|---|---|
| Authentication method | Email invitation with SMS verification |
| Signature type | Typed or drawn electronic signature |
| Audit trail | Retain certificate of completion and action log |
| Document retention | Retain through lease and mortgage obligations |
| Encryption | TLS 1.2/1.3 in transit and AES-256 at rest |
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Four ways to send and sign this agreement
- Use the signNow web app when counsel or a transaction coordinator needs to upload the agreement, review fields, and manage lender, landlord, and tenant routing from a desktop workflow.
- Use the signNow mobile app when a property representative or tenant must review and sign the agreement away from the office, subject to the transaction’s identity and recording requirements.
- Use kiosk mode when multiple parties sign from one supervised device at a closing or property office, with each signer completing the assigned fields separately.
- Use a shareable signing link when a controlled recipient group needs access without a separate email invitation, while confirming that the link reaches only intended parties.
Useful features for this agreement
The right workflow keeps property details accurate, directs signatures to the correct parties, and preserves execution evidence for the transaction record.
Defined transaction
The agreement can identify the mortgage, lease, property, parties, notice addresses, and conditions governing lender non-disturbance and tenant attornment, giving transaction participants a single document to review before execution.
Signer routing
Ordered invitations help route the agreement among lender, landlord, tenant, and authorized representatives, reducing uncertainty about who must sign and which party receives the document next.
Reusable template
Reusable signNow templates can preserve approved field placement for recurring lease-financing transactions while allowing authorized staff to update property, party, and transaction-specific details.
Audit evidence
The completed agreement can be paired with a certificate of completion and audit trail containing signing events, timestamps, and action history, supporting later review of execution evidence.
Mobile signing
signNow mobile apps allow parties to review and sign from supported mobile devices, which can help transaction participants complete approvals while traveling between properties, offices, and closings.
Data protection
TLS 1.2/1.3 protects data in transit, while AES-256 protects data at rest, providing defined technical safeguards for agreements containing lease and financing information.
Signer authentication and certificates
Digital certificates:
Certificate format:
Signer authentication:
SMS verification:
ID verification:
Document integrity:
Platform requirements for signing
The agreement can be prepared in a supported desktop browser such as Chrome, Firefox, Safari, or Edge on Windows or macOS. signNow also provides mobile apps for iOS and Android, allowing authorized parties to review and sign from supported devices.
Browsers Chrome, Firefox, Safari, Edge Desktop systems Windows and macOS desktops Mobile apps iOS and Android signNow apps
Organizations should manage access through approved devices, identity controls, and role-based permissions. Teams connecting agreement records to Salesforce, NetSuite, Google Drive, Box, or Egnyte should confirm API, storage, and retention policies before deployment.
Retention periods to evaluate
Retention depends on the transaction and any regulated records attached to it; apply the rule that actually covers the agreement’s business context.
Lease and loan term
Three years for tax records
Six years for broker records
Six years for HIPAA records
Seven years for audit records
State-specific risks to check
Recording rejected
Possession dispute
Priority uncertainty
Enforceability challenge
Legal value of electronic execution
For a commercial real-estate agreement, electronic execution can provide a reproducible record of intent, attribution, consent, and document history under ESIGN and applicable UETA law. Those frameworks do not replace state recording rules or exclude documents such as wills and court filings, so counsel should confirm local requirements.
Questions about completing this agreement
These answers address field preparation, signer routing, electronic-signature law, access controls, and records handling for this real-estate agreement.
Upload the final agreement as a PDF or supported document, then use signNow’s field tools to place signatures, initials, dates, and text fields. Review every detected field against the lender’s form and the underlying lease before sending invitations.
The Business plan includes legally binding eSignatures, templates, audit trails, and mobile apps at $8 per user monthly when billed annually. Business Premium adds bulk send at $15 per user monthly annually, which may help repeated lease transactions.
signNow supports ESIGN and UETA compliance, but those laws do not decide whether a county recorder requires acknowledgment, witnesses, paper formatting, or separate recording steps. Confirm applicable state and county requirements before relying on electronic execution.
Use signNow’s ordered routing to send the agreement to the lender, landlord, tenant, or other required parties in the sequence specified by counsel. Check each signer’s legal capacity and authority before invitations are issued.
For sensitive property or financing information, limit document access to intended recipients, use stronger signer authentication where appropriate, and retain the completed agreement with its audit trail. signNow provides TLS 1.2/1.3 in transit and AES-256 at rest.
A signed agreement should be retained according to the lease, mortgage, transaction, and applicable state recording policies. Export the signed document and certificate of completion from signNow, then store them in the designated controlled repository.
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