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Commercial Leasing Law & StrategyLJN NewslettersNewsSections

Subordination Without Nondisturbance

By Jeffrey H. Newman
January 26, 2011

Just as tenants with the requisite negotiating leverage protect themselves from the potentially harsh effects of a naked subordination agreement by assuring themselves that mortgagees will (among other things) recognize and assume the landlord's obligations under the lease, mortgagees seek to avoid agreeing to assume certain obligations, particularly old repair-maintenance obligations that the landlord has neglected and that would usually become the mortgagee's obligation in the event of foreclosure.

Mortgagee Obligations and Exceptions

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