The webinar is led by an expert in advising real estate lawyers on subordination, non-disturbance, and attornment
agreements, Michael Kuhn, Jackson Walker LLP, and focuses on:
These clauses designated the courts of North Carolina as the forum for the resolution of all disputes; the defendants did not invoke these clauses until after they had submitted a defence on the merits, thereby giving rise to an argument regarding their attornment
to the jurisdiction.
Issues need to be addressed regarding subordination, non-disturbance and attornment
and relations of various lending and financing entities.
parties without requiring their physical attornment
to the Court of
Subordination and subordination, non-disturbance and attornment
Unlike a signed judicial decision, which is intended to resolve the congeries of issues comprising a dispute, there is neither personification nor attornment
to multiple purposes in legislative texts.
alterations that are important to the tenant have not yet been approved by the appropriate governmental authorities or a lender has not yet executed a subordination, non-disturbance and attornment
Tenants occupying without estoppel and attornment
agreements may be readily removable, but a better idea is sometimes to buy out tenant's "improvements" if an adverse reaction or publicity is deemed likely.
Additionally, and in lieu of a blanket recognition, the Fee Owner may agree to enter into a recognition, non-disturbance and attornment
agreement with a Subtenant who meets the same criteria noted above (a "Recognition Agreement").
Similarly, an attornment
provision should be added, providing that the tenant will attorn to any new owner of the property after a foreclosure, and that the tenant will provide estoppel certificates and minor lease amendments where necessary to satisfy a lender.
Therefore, in the absence of attornment
language, a mortgagee can lose a valuable tenant if it forecloses.
Technically, without the attornment
clause, a tenant could, after foreclosure, treat the lease as terminated.