Lease Subordination Agreement - Kansas 2025

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Mortgage lenders typically require leasehold interests to be subordinate to the lenders interests. Consequently, commercial property landlords want tenants to agree to a subordination clause so that the lease is subordinate to any existing or future mortgages on the property.
Example of a Subordination Agreement A standard subordination agreement covers property owners that take a second mortgage against a property. One loan becomes the subordinated debt, and the other becomes (or remains) the senior debt. Senior debt has higher claim priority than junior debt.
By signing the lease, both parties are saying they agree to all the terms. If you feel the lease your new landlord is offering you is unfair, you can try to negotiate a change to that term. If the landlord refuses, you must decide whether to sign the lease as-is, for consider finding a new place to rent.
Subordination is putting something in a lower position or rank. Therefore, a subordination agreement puts the lease below the mortgage loan in priority. Mortgage lenders want the leases to be subordinate to the mortgage. That way, the mortgage loan is paid first if there is a foreclosure.
Lenders benefit from SNDAs because this gives the mortgage priority over individual leases. They can transfer ownership of the property from one hand to the other without fearing the tenants will abandon their leases.

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Unless your lease has an SNDA, your lease will be canceled if the property is foreclosed upon. This leaves tenants in a dangerous and time-sensitive position where they have to find a new property in rental time, often without the security deposit paid to the original landlord.
A subordination agreement must be signed and acknowledged by a notary and recorded in the official records of the county to be enforceable.

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