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Understanding the Assignment of Mortgages: What You Need To Know

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A mortgage is a legally binding agreement between a home buyer and a lender that dictates a borrower's ability to pay off a loan. Every mortgage has an interest rate, a term length, and specific fees attached to it.

Written by Attorney Todd Carney .  Updated November 26, 2021

If you’re like most people who want to purchase a home, you’ll start by going to a bank or other lender to get a mortgage loan. Though you can choose your lender, after the mortgage loan is processed, your mortgage may be transferred to a different mortgage servicer . A transfer is also called an assignment of the mortgage. 

No matter what it’s called, this change of hands may also change who you’re supposed to make your house payments to and how the foreclosure process works if you default on your loan. That’s why if you’re a homeowner, it’s important to know how this process works. This article will provide an in-depth look at what an assignment of a mortgage entails and what impact it can have on homeownership.

Assignment of Mortgage – The Basics

When your original lender transfers your mortgage account and their interests in it to a new lender, that’s called an assignment of mortgage. To do this, your lender must use an assignment of mortgage document. This document ensures the loan is legally transferred to the new owner. It’s common for mortgage lenders to sell the mortgages to other lenders. Most lenders assign the mortgages they originate to other lenders or mortgage buyers.

Home Loan Documents

When you get a loan for a home or real estate, there will usually be two mortgage documents. The first is a mortgage or, less commonly, a deed of trust . The other is a promissory note. The mortgage or deed of trust will state that the mortgaged property provides the security interest for the loan. This basically means that your home is serving as collateral for the loan. It also gives the loan servicer the right to foreclose if you don’t make your monthly payments. The promissory note provides proof of the debt and your promise to pay it.

When a lender assigns your mortgage, your interests as the mortgagor are given to another mortgagee or servicer. Mortgages and deeds of trust are usually recorded in the county recorder’s office. This office also keeps a record of any transfers. When a mortgage is transferred so is the promissory note. The note will be endorsed or signed over to the loan’s new owner. In some situations, a note will be endorsed in blank, which turns it into a bearer instrument. This means whoever holds the note is the presumed owner.

Using MERS To Track Transfers

Banks have collectively established the Mortgage Electronic Registration System , Inc. (MERS), which keeps track of who owns which loans. With MERS, lenders are no longer required to do a separate assignment every time a loan is transferred. That’s because MERS keeps track of the transfers. It’s crucial for MERS to maintain a record of assignments and endorsements because these land records can tell who actually owns the debt and has a legal right to start the foreclosure process.

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Assignment of Mortgage Requirements and Effects

The assignment of mortgage needs to include the following:

The original information regarding the mortgage. Alternatively, it can include the county recorder office’s identification numbers. 

The borrower’s name.

The mortgage loan’s original amount.

The date of the mortgage and when it was recorded.

Usually, there will also need to be a legal description of the real property the mortgage secures, but this is determined by state law and differs by state.

Notice Requirements

The original lender doesn’t need to provide notice to or get permission from the homeowner prior to assigning the mortgage. But the new lender (sometimes called the assignee) has to send the homeowner some form of notice of the loan assignment. The document will typically provide a disclaimer about who the new lender is, the lender’s contact information, and information about how to make your mortgage payment. You should make sure you have this information so you can avoid foreclosure.

Mortgage Terms

When an assignment occurs your loan is transferred, but the initial terms of your mortgage will stay the same. This means you’ll have the same interest rate, overall loan amount, monthly payment, and payment due date. If there are changes or adjustments to the escrow account, the new lender must do them under the terms of the original escrow agreement. The new lender can make some changes if you request them and the lender approves. For example, you may request your new lender to provide more payment methods.

Taxes and Insurance

If you have an escrow account and your mortgage is transferred, you may be worried about making sure your property taxes and homeowners insurance get paid. Though you can always verify the information, the original loan servicer is responsible for giving your local tax authority the new loan servicer’s address for tax billing purposes. The original lender is required to do this after the assignment is recorded. The servicer will also reach out to your property insurance company for this reason.  

If you’ve received notice that your mortgage loan has been assigned, it’s a good idea to reach out to your loan servicer and verify this information. Verifying that all your mortgage information is correct, that you know who to contact if you have questions about your mortgage, and that you know how to make payments to the new servicer will help you avoid being scammed or making payments incorrectly.

Let's Summarize…

In a mortgage assignment, your original lender or servicer transfers your mortgage account to another loan servicer. When this occurs, the original mortgagee or lender’s interests go to the next lender. Even if your mortgage gets transferred or assigned, your mortgage’s terms should remain the same. Your interest rate, loan amount, monthly payment, and payment schedule shouldn’t change. 

Your original lender isn’t required to notify you or get your permission prior to assigning your mortgage. But you should receive correspondence from the new lender after the assignment. It’s important to verify any change in assignment with your original loan servicer before you make your next mortgage payment, so you don’t fall victim to a scam.

Attorney Todd Carney

Attorney Todd Carney is a writer and graduate of Harvard Law School. While in law school, Todd worked in a clinic that helped pro-bono clients file for bankruptcy. Todd also studied several aspects of how the law impacts consumers. Todd has written over 40 articles for sites such... read more about Attorney Todd Carney

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Mortgage Assignment Laws and Definition

(This may not be the same place you live)

  What is a Mortgage Assignment?

A mortgage is a legal agreement. Under this agreement, a bank or other lending institution provides a loan to an individual seeking to finance a home purchase. The lender is referred to as a creditor. The person who finances the home owes money to the bank, and is referred to as the debtor.

To make money, the bank charges interest on the loan. To ensure the debtor pays the loan, the bank takes a security interest in what the loan is financing — the home itself. If the buyer fails to pay the loan, the bank can take the property through a foreclosure proceeding.

There are two main documents involved in a mortgage agreement. The document setting the financial terms and conditions of repayment is known as the mortgage note. The bank is the owner of the note. The note is secured by the mortgage. This means if the debtor does not make payment on the note, the bank may foreclose on the home. 

The document describing the mortgaged property is called the mortgage agreement. In the mortgage agreement, the debtor agrees to make payments under the note, and agrees that if payment is not made, the bank may institute foreclosure proceedings and take the home as collateral .

An assignment of a mortgage refers to an assignment of the note and assignment of the mortgage agreement. Both the note and the mortgage can be assigned. To assign the note and mortgage is to transfer ownership of the note and mortgage. Once the note is assigned, the person to whom it is assigned, the assignee, can collect payment under the note. 

Assignment of the mortgage agreement occurs when the mortgagee (the bank or lender) transfers its rights under the agreement to another party. That party is referred to as the assignee, and receives the right to enforce the agreement’s terms against the assignor, or debtor (also called the “mortgagor”). 

What are the Requirements for Executing a Mortgage Assignment?

What are some of the benefits and drawbacks of mortgage assignments, are there any defenses to mortgage assignments, do i need to hire an attorney for help with a mortgage assignment.

For a mortgage to be validly assigned, the assignment document (the document formally assigning ownership from one person to another) must contain:

• The current assignor name.
• The name of the assignee.
• The current borrower or borrowers’ names. 
• A description of the mortgage, including date of execution of the mortgage agreement, the amount of the loan that remains, and a reference to where the mortgage was initially recorded. A mortgage is recorded in the office of a county clerk, in an index, typically bearing a volume or page number. The reference to where the mortgage was recorded should include the date of recording, volume, page number, and county of recording.
• A description of the property. The description must be a legal description that unambiguously and completely describes the boundaries of the property.

There are several types of assignments of mortgage. These include a corrective assignment of mortgage, a corporate assignment of mortgage, and a mers assignment of mortgage. A corrective assignment corrects or amends a defect or mistake in the original assignment. A corporate assignment is an assignment of the mortgage from one corporation to another. 

A mers assignment involves the Mortgage Electronic Registration System (MERS). Mortgages often designate MERS as a nominee (agent for) the lender. When the lender assigns a mortgage to MERS, MERS does not actually receive ownership of the note or mortgage agreement. Instead, MERS tracks the mortgage as the mortgage is assigned from bank to bank. 

An advantage of a mortgage assignment is that the assignment permits buyers interested in purchasing a home, to do so without having to obtain a loan from a financial institution. The buyer, through an assignment from the current homeowner, assumes the rights and responsibilities under the mortgage. 

A disadvantage of a mortgage assignment is the consequences of failing to record it. Under most state laws, an entity seeking to institute foreclosure proceedings must record the assignment before it can do so. If a mortgage is not recorded, the judge will dismiss the foreclosure proceeding. 

Failure to observe mortgage assignment procedure can be used as a defense by a homeowner in a foreclosure proceeding. Before a bank can institute a foreclosure proceeding, the bank must record the assignment of the note. The bank must also be in actual possession of the note. 

If the bank fails to “produce the note,” that is, cannot demonstrate that the note was assigned to it, the bank cannot demonstrate it owns the note. Therefore, it lacks legal standing to commence a foreclosure proceeding.

If you need help with preparing an assignment of mortgage, you should contact a mortgage lawyer . An experienced mortgage lawyer near you can assist you with preparing and recording the document.

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Daniel Lebovic

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Prior to joining LegalMatch, Daniel worked as a legal editor for a large HR Compliance firm, focusing on employer compliance in numerous areas of the law including workplace safety law, health care law, wage and hour law, and cybersecurity. Prior to that, Daniel served as a litigator for several small law firms, handling a diverse caseload that included cases in Real Estate Law (property ownership rights, residential landlord/tenant disputes, foreclosures), Employment Law (minimum wage and overtime claims, discrimination, workers’ compensation, labor-management relations), Construction Law, and Commercial Law (consumer protection law and contracts). Daniel holds a J.D. from the Emory University School of ... Read More

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F-1-17: Processing a Transfer of Ownership (04/13/2022)

Introduction.

This Servicing Guide Procedure contains the following:

• Obtaining MI Approval for a Conventional Mortgage Loan 
• Responding to a Title Transferred via Grant Deed 
• Completing a Transfer of Ownership 

Obtaining MI Approval for a Conventional Mortgage Loan

The servicer must process a transfer of ownership in accordance with Chapter D1-4, Transfers of Ownership .

When a transfer of ownership occurs for a mortgage loan, obtaining the mortgage insurer’s approval is either

part of the credit review process, or

not required unless the borrower requests a release of liability.

The servicer must review the MI policy for the specific provision regarding transfers of ownership, assumptions and releases of liability.

Responding to a Title Transferred via Grant Deed

The servicer must evaluate all transfers of ownership as required in Chapter D1-4, Transfers of Ownership. When the servicer becomes aware of a property transfer through Grant Deed, it must complete the actions shown in the following table.

Completing a Transfer of Ownership

The servicer must process any transfer of ownership in accordance with Chapter D1-4, Transfers of Ownership. The servicer must complete the applicable procedure in the following table depending on the type of transaction.

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Assignment of Mortgage (AOM) Service

Protect your investment with the right partner.

When loans are bought and sold, it’s good practice for buyers to take control of the process and partner with an experienced third party to ensure that assignments are done correctly. When a buyer is in control of the assignment, careful follow-up will ensure that everything is signed, returned and sent for electronic recording.

If the buyer is not on the county record as the loan owner, it can put the investment at risk. This is especially important for non-performing loans, which are commonly sold. It’s critical that paperwork is done timely and correctly on these loans. For this type, portfolio modifications or foreclosure is the resolution. The new owner of the asset must be on record with a proper chain of title to follow this path. An investor who is not listed in the real property records as the owner will not be notified of adverse incidents or situations. This can be critical information to managing your assets properly.

The rejection of a lien release by the county is another potential risk when the loan on record is not in the investor’s name.  A borrower who pays off a loan may suffer as a result of difficulty in releasing the lien , resulting in poor service to the customer.

How Our Assignment Service Works

Our assignment solution is built around good communication with our clients, allowing us to work quickly and efficiently. We rely on our proprietary system, Eclipse TM , and a team dedicated to your success. Here’s how the process works:

• You provide the legal names of the assignor and assignee and we load the information into Eclipse, eliminating the need to re-enter every assignment and providing you with easy-to-access, real-time insight into file statuses
• Once the appropriate source document is provided (recorded mortgage/DOT/title policy), MetaSource generates an assignment document using county specific rules to eliminate obstacles that can lead to rejection
• The assignment is recorded electronically, where possible, and sent by mail using our in-house sending and tracking system where e-recording is not an option
• When the recorded assignment is received from the county, your assignment is imaged for further routing and the original is returned to you or your designee

We manage the assignment process every step of the way until the recording process is complete.

Tracking Missing Assignments

Missing intervening assignments is another potential challenge that may arise. Tracking down missing assignments is time consuming, but becomes even harder if those assignments belong to companies that have gone out of business. In that case, an experienced document services provider can provide valuable help.

MetaSource leverages its database of contact information for companies and their authorized employees to get problems resolved quickly. Even servicers and investors with staff to handle this problem can leverage our extensive database to determine how quickly problems might be solved.

Contact us to learn more about our assignment of mortgage service

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Mortgage Records 101: Finding and Understanding Mortgage Records

Posted by CourthouseDirect.com Team - 16 December, 2015

If you handle real estate transactions as part of your business, you have to do lots of research. Real estate is one of the biggest investments most people make, so it’s important that you help your clients prepare properly for this purchase, and that can mean giving them the information that can help them get the best deal possible. When they have ample information, they should be able to make smarter, more informed decisions. Looking up property and mortgage records is a great way to get them started.

How Mortgage Records Are Used

Public mortgage records can tell you a lot about a home and its owner. Potentially, your clients could leverage this information to get a better price. For example, mortgage records may show if the sellers are divorcing. Using this information, your client could offer a lower price, knowing that the sellers are motivated to get rid of the property.

You also can find out how many times the home has been listed, removed, and relisted. This gives you peek into the listing and potential problems: Did the owner remove it because the market was slow or because something was wrong with the house? Was the seller just testing the market the first time? If so, it may mean the owner is motivated to sell, again giving your client an opportunity to offer a lower price.

Mortgage Records and Promissory Notes are Not the Same Thing

Many clients confuse promissory notes and mortgages or think they're the same thing. They aren’t. While a promissory note is the borrower's promise to the lender, the mortgage is what secures that promise. When one buys a house, the purchaser signs a promissory note, essentially an IOU. This is the promise to repay the loan.

A promissory note contains:

• The names of the borrowers,
• The location of the property,
• The value of the loan,
• The terms of the loan, and
• The interest rate , whether it’s fixed or adjustable.

As with an IOU, the lender keeps the promissory note on file until it is paid. Once paid in full, the note is returned to the homeowners. The mortgage gives the lender the power to ensure the loan is repaid and the power to reclaim the property it if need be. Essentially, the mortgage document allows lenders to demand payment and foreclose on property if the terms of the mortgage aren’t met.

The public record of a mortgage document shows:

• The property description in legal terms,
• Whether the loan is in good standing, and any
• Assignments or endorsements on the loan.

The mortgage becomes a public record soon after it is signed and remains a public record for the loan’s duration. Once the mortgage is fully paid, the lender releases the mortgage.

Before that time, however, lenders can sell a mortgage to another lender. This assignment will be recorded with the mortgage records. You can also find out if ownership of the loan has transferred by looking at endorsements. If another lender takes over the loan, the promissory note will be signed over in an endorsement.

Accessing Public Mortgage Records

So how do you find all this information? First, you need to obtain information on the current homeowner. In most cases, you'll be able to find what you need with the name; you may also need the full address or other identifying information.

• Step 1: You need to know what county the property is in. Then, find out where that county keeps its records. Some counties keep mortgage records in the courthouse or clerk's office. In some cases, the town itself handles the document. Go to the website of whichever office maintains the records.
• Step 2: On the website, there will be a form to fill out to access records. Enter all the information it requires to see the results. Some websites will allow you to view records online; others might require that you physically go to the office.
• Step 3: If you have to go to the office, someone there should be able to help you find the documents you need. You should be able to view hard copies of the mortgage records. There may be a small fee to access records.

In addition, mortgage professionals can find mortgage records from around the United States without leaving home at CourthouseDirect.com .

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What Is an Assignment of Mortgage?

• Post author: Dean Adams
• Post published: December 3, 2020
• Post category: Real Estate Investor

A mortgage is a loan secured by a real estate investor to procure or buy a property. It is a debt instrument that the borrower is obliged to meet with agreed terms of payment. The collateral of a specific real estate property secures a mortgage.

In this article, we will be talking about the assignment of the mortgage. What does this term mean? How does it work? Is the assignment of mortgage important? These are some questions that will be answered as we proceed with this article.

Defining Assignment of Mortgage

Assignment of mortgage is defined as a document that transfers a mortgage from the original lender to another lender. Assignment of mortgage can happen more than once, even without the knowledge of the borrower. This may be done over again until the mortgage balance is paid.

However, the lender is required to send the borrower a notice to inform him of the sale and a copy of what the terms of mortgage payments are. Terms and conditions of the transaction may vary, depending on the agreement of the mortgagee, and the Assignments of mortgage are frequently seen when the lender sells a mortgage to another lender.

A reason for the execution of the mortgage assignment is when the mortgage becomes delinquent, and the mortgagee feels that the mortgagor has no interest in doing something about it.

How the Assignment of Mortgage Works?

As defined, the mortgage assignment happens when the original mortgagee (the assignor) transfers the mortgage to a buyer (the assignee), who will turn out to be the new lender of the real property owner. In other words, he sells the mortgage to another lender without letting the borrower know of his intent to sell.

However, upon completing the mortgage assignment with a third party, the mortgagee must let the borrower know about the transactions. He must send the necessary documents to the borrower indicating important details such as the name of the new lender, contact information, and their agreement regarding predetermined payments and other terms of the transaction.

Assignors can benefit from the assignment of a mortgage. Property taxes , occupancy fees, and closing costs may be too costly for the lender.

Benefits of Assignment of Mortgage

The mortgagor may be experiencing financial difficulties himself or is moving out; hence, the selling of the mortgaged property happens. Mortgage assignments can free the lender of these costs. For the assignee or the third party buyer, assigning mortgages would mean acquiring a real estate property at a discounted price.

The agreement can help the assignee save thousands of dollars, to his benefit, of course. Another advantage of the transfer of a mortgage to the third party buyer is aside from acquiring a new unit at a discounted price, and the maintenance fees may be lower, too.

Getting a land transfer tax benefit may also be among the advantages of the assignment of a mortgage to an assignor.

Borrower’s Benefit

The borrowers cannot contest the sale or assignment of mortgage. However, if the borrower wants to stop or do something about the mortgage assignments, he can apply for a new mortgage and pays off the old one.

The transfer of mortgages may benefit the borrower, in a way. In cases where the borrower is under financial stress, his mortgage payments may be affected. If this happens, the possibility of foreclosure is high. Assignment of mortgage can prevent foreclosure because it will be like getting a new loan.

In other words, the amount of the balance of the delinquent mortgage of the original loan will be paid off by the transfer of the mortgage.

How Assigning Mortgages to Third Parties Work?

In simple terms, the mortgage assignment transfers a mortgage from the first mortgagee to a third-party mortgagor. In other words, the mortgagee sells the mortgage to another lender. This process may be done several times until the borrower pays off the loan.

A mortgage assignment must be recorded in the county record. This is made so the assignment of the rights under the mortgage of the original bank may be assigned. If and when the owner of the home does not meet the mortgage, then the foreclosure process may be initiated.

However, if the assignment of mortgage was not properly executed, the foreclosure can be challenged by the real estate property owner.

Challenging Foreclosure

How will the borrowers know if the assignments of mortgages are valid or not? Borrowers must understand the necessary documents, basic terms, and the persons involved in mortgage transfers.

When making a loan, closing a deal with a lender would require the real property owner to sign documents. Such documents include a deed of trust (mortgage) and a promissory note. A deed of trust is an assurance that the loan is secured, the evidence of which is represented by the promissory note.

Assignments of mortgage is a common transaction with banks. Since the assignment of the mortgage refers to the transferring of a mortgage from a lender to another lender, the transaction must be supported by a document known as the “Assignment.”

This document should include important information like the names of the current owner and the new owner, the name of the debtor, the amount of the initial mortgage, records of the first mortgage containing pertinent information, and the legal description of the real estate property. The homeowner should be provided with the documents or a note to inform him of the assignment of the mortgage.

Seeking Legal Advice

Once the owner of the home has even the slightest hint of doubt regarding the transaction, seeking legal advice is recommended. Find the right lawyer, a lawyer whose expertise is on this subject. An attorney can help you determine the legality of the transaction.

Take note; once the mortgage assignment is not executed correctly, then the lawyer can help you pursue a case to challenge the foreclosure of your property. An attorney who is familiar with this subject knows the ins and outs of the process.

Therefore, hiring one to help you out with the case is essential. Make sure you make a note of important details and have a copy of every document. Among these documents are the deed of trust (assures the security of the loan), a copy of the mortgage assignment, a notice from the creditor that the mortgage has been transferred, and other necessary documents.

It is crucial to find the right lawyer to help out, not only if you are facing a foreclosure issue, but to guide you with the process. Finding an attorney who has enough knowledge about real estate processes can help you make sure that the assigned mortgage was executed correctly and that the transaction records are kept.

An owner of the home may not have enough information about mortgage assignments. Therefore, it is vital to find an attorney who can ensure the security of your property and the mortgage.

It cannot be denied that loans are part of our lives, especially during difficult times. It is also innate in humans to dream of acquiring a home or a real estate property. To realize this dream, people acquire properties through mortgage loans. Things can run smoothly at first.

However, a time comes when a financial crisis happens. In this case, loan payments, especially mortgages, might be affected. Is this the end of your happy life? Will your property be foreclosed? If you will not do something about it, foreclosure is possible.

However, there are several options to saving your property from foreclosure, especially if the lender demands that you settle your account. In this case, the mortgage is assigned to another lender. This process is called an assignment of mortgage, where your debt is transferred to another lender by the first lender. This is like restructuring your loan.

The only thing is, it happens with another lender. Assignment of mortgage is one way to pay off the mortgage on the first lender while extending the term of your mortgage, therefore, preventing foreclosure. As a lender, be responsible for executing the assignment of mortgage properly. It should appear on the county record and has to follow legal procedures.

This will not only free the borrower of his obligations to you but will also secure the transaction and the interest of the parties involved. As a borrower, take note of all the necessary information. Read related articles to make you more knowledgeable on the subject.

Once the a ssignment of mortgage is made, a borrower will be dealing with another creditor and not the one with whom the initial mortgage was acquired. To avoid encountering problems with a mortgage, make sure you settle your dues. If such situations occur, communicate with the creditor and discuss ways to resolve the issue.

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Assigning Loan Documents: Practical Reminders

The recent Supreme Court of Delaware case  J.M. Shrewsbury v. The Bank of New York Mellon ,   CA No. N15L-03-108 (Del. 2017), provides a reminder of the importance of clearly documenting the assignment of loan documents. The Court’s holding requires that prior to the assignee of a mortgage loan filing suit on the note or mortgage, the assignee must have received both an allonge/assignment of the note and an assignment of the mortgage. The case is a reminder of the importance of maintaining a precise chain of title when assigning loan documents. The facts of the case as described below demonstrate the need to make sure that you “don’t leave the note behind.”

In 2007, J.M. Shrewsbury and Kathy Shrewsbury signed a promissory note in favor of Countrywide Home Loans, Inc. Concurrently, the Shrewburys were granted a mortgage to secure their obligations under the note, which mortgage encumbered real property in Delaware. In 2011, the mortgage was assigned to The Bank of New York Mellon (Bank). In 2013, the Shrewsburys requested and received a copy of the original note, which contained no indication that the note had been assigned. Neither party disputed the fact that the Shrewsburys stopped making mortgage payments in 2010.

The Bank commenced a mortgage foreclosure action in 2015 in the Superior Court of the State of Delaware,  Bank of N.Y. Mellon v. Shrewsbury , C.A. No. N15L-03-108 CLS (Del. Super. Ct. Feb. 17, 2016). In holding in favor of the Bank, the Superior Court found that the Bank need only show that it had a valid assignment of the mortgage to enforce its rights. The Shrewsburys appealed the decision to the Court.

In reversing and remanding the decision of the Superior Court, the Court followed its reasoning in Iowa-Wisconsin Bridge Co. v. Phoenix Finance Corporation, Iowa-Wisconsin Bridge Co. v. Phoenix Finance Corporation , 25 A.2d 383, 389 (Del. 1942), stating that a debt is an essential requisite to a mortgage. While persuaded by wide-ranging case law and other respected authorities, the Court’s decision relied most heavily on the United States Supreme Court case  Carpenter v. Longan,  83 U.S. 271 (1872), holding that the “note and mortgage are inseparable; the former as essential, the latter as an incident. An assignment of the note carries the mortgage with it, while an assignment of the latter alone is a nullity.”

Practical Reminders

While this case involved a residential transaction, important considerations can be applied in commercial mortgage transactions whether in connection with construction, bridge or permanent mortgage financing, a loan sale, a transfer of a loan to an affiliate of the original lender, or other assignment of the loan.

Practical reminders include:

• Make sure that the chain of title is precise when assigning the mortgage, the note and other collateral documents such as assignments of leases and rents, guarantees and UCC’s. Don’t leave the note “behind.”
• Assign and endorse the note by allonge so that the chain of title is complete. Firmly affix the allonge(s) to the underlying note.
• Keep good records of all documentation, including recorded ( i.e. the mortgage an assignment of mortgage) and unrecorded documents. Retain originals in a safe place (such as under the control of a custodian or servicer or in a vault) and copies of all loan documents including assignment documents.
• When the loan is assigned, always deliver the original note along with the original allonge.

Members of our Real Estate and Finance Groups regularly handle commercial real estate financing and sales transactions throughout the country. If you have questions or would like further information, please contact Tim Davis ( davist@whiteandwilliams.com ; 215.864.6829) or Pat Haggerty ( haggertyp@whiteandwilliams.com ; 215.864.6811).

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Real Estate Terms

Mortgage Assignment Definition

September 1, 2023

By Dyana Branchen

When the mortgage lender assigns their mortgage and its interest to a new lender, it’s called mortgage assignment . The lender uses an assignment-of-mortgage document to transfer the mortgage legally.

It is important for real estate students and agents to understand how mortgage assignment takes place. As a real estate professional, I will help you define mortgage assignments for your real estate exam.

In this post, I’ll break down the mortgage assignment definition and explain it with the help of examples. Let’s get started!

What Is Mortgage Assignment?

A mortgage assignment is when a mortgage lender transfers a mortgage account and its interests to another lender. Assignment of mortgage is a document that indicates the transfer of mortgage between the lenders. This type of assignment is mostly seen when a mortgage lender sells the mortgage to a new lender.

Mortgage lenders have the right to assign and sell their mortgages to other parties, while borrowers are not. If a borrower transfers their mortgage to another person, it is called an assumed mortgage.

Mortgage lenders aren’t required to inform the borrower when they transfer their mortgages. However, the new lender has to notify the borrower about the mortgage assignment and set the payment schedule with the borrower. If the borrower doesn’t want to work with the lender, they can apply for a new mortgage and pay off the old mortgage.

How Does Assignment of Mortgage Take Place?

Mortgage lenders often assign their mortgages to other lenders to free up money. When a mortgage assignment occurs, the new lender steps in place of the original lender and takes their mortgage obligations. The assignment of mortgage document has the following contents:

• The legal description of the property in discussion (the collateral)
• Name of the original lender
• Name of the third-party (new lender)
• Name of the borrower
• The jurisdiction where it was recorded
• The amount of money loaned originally
• The date on which the assignment of mortgage becomes valid

After preparing the assignment of mortgage document, the mortgage lender files it in a government office that deals with property taxes, ownership records, and other real estate matters. After the mortgage has been filed and transferred to the new lender, the borrower is notified. The borrower can confirm the sale of the mortgage and inquire about the new lender. They can also negotiate mortgage rates and terms.

Once the original lender has assigned the mortgage to a new lender, they will not receive mortgage payments. The borrower will pay the monthly mortgage payments to the new lender after the assignment of mortgage. However, the original lender will free up capital by assigning the mortgage to a new lender. This will help the original mortgage lender to offer more mortgages and generate more income.

After the borrower has paid the mortgage in full to the new lender, the lender must file a satisfaction of mortgage . After the satisfaction of mortgage has been recorded, the borrower’s property will be free of the lien.

Effects of Mortgage Assignments

When a lender transfers a mortgage, the original terms of the mortgage remain the same. The interest rate, monthly payments, and total payments to pay off the mortgage remain unchanged. The term and rates after mortgage assignment are the same as at closing.

However, some things might change. For instance, the borrower must check the payment method and know where the payments should go. This is important to know as the borrower should make the payments to the right holder of the mortgage.

Another thing that might change after mortgage assignment is the process that the lender will follow if the borrower defaults. Mortgage lenders use different notification methods, which the borrower must be familiar with to avoid confusion. The following are the effects of the assignment of mortgage:

Notice to Borrower

The original lender doesn’t send notice to the borrower for assigning the mortgage. They don’t need the permission of the borrower to transfer the mortgage either. However, the new mortgage holder has to notify the borrower about the mortgage assignment.

Modification

No modification occurs after mortgage assignment. The original features of the mortgage remain the same after the assignment of the mortgage. The mortgage balance, interest rate, and monthly payments will not change.

The changes to an escrow account are also down according to the original escrow agreement. However, if there is a modification, such as an additional payment method, it would be at the request of the borrower and the mortgage lender’s discretion.

Effects on Escrow Payments

Mortgage lenders receive the bills for the property from the municipality. However, when the lender transfers the mortgage to another lender and files it at the local recorder’s office, a copy is sent to the municipality too. After the assignment of mortgage, the taxing municipality sends the tax bills to the new lender’s address.

Mortgage Assignment Example

Alice wants to purchase a property. After making a down payment, she has to pay $175,000 to the seller to purchase the property. Bank-A offers $175,000 to Alice, and she purchases the house. The following is the breakdown of the mortgage:

• Mortgage balance : $175,000
• Mortgage term : 15 years
• Rate : 4.5%
• Monthly payments : $1,519

Alice has to pay $1,519 to Bank-A every month, which includes the interest and principal. After five years, Bank-A decides to sell the mortgage to Bank B. At this time, Alice has a remaining balance of $119,657.98, which she has to pay to Bank-A.

Bank-A files for the assignment of mortgage documents at the local county office, and Bank-B takes the mortgage from here. Bank-B notifies Alice she has to make the monthly payments of $1,519 to Bank-B now. However, the remaining mortgage term is 10 years, as she has already paid off for the previous 5 years.

Frequently Asked Questions

Mortgage assignment is the process of mortgage transfer from one lender to another lender. The original lender does this transfer to a new lender. Usually, a mortgage assignment is done for selling the mortgage to a third party.

Who Files the Assignment of Mortgage?

The original lender files the assignment of mortgage at the local county’s office. The new lender notifies the borrower about the assignment of mortgage.

What Happens After Mortgage Assignment?

After the mortgage assignment, the new lender takes the role of the original lender. The borrower has to make mortgage payments to the new lender after the mortgage assignment. The rates and terms on the mortgage with the new lender remain the same as they were with the previous lender.

Why Do Lenders Sell Mortgages?

Lenders mostly sell mortgages for two reasons. First, they want to free up capital to provide more mortgages to other borrowers. Second, they want to generate income by selling the mortgage to another lender. The original lender charges a fee from the new lender, and this way, cash is generated.

What Is Assignment Fraud?

Assignment fraud is when a fake company sends a notice to the borrower and acts like a new lender. This happens when the original lender hasn’t assigned the mortgage to any other lender. In this case, there is a chance that the borrower sends payments to the fake company, mistaking it as a mortgage assignment. Thus, it is important for the borrower to confirm with the original lender before making any mortgage payment to anyone else.

What to Know for the Real Estate Exam

A mortgage assignment is when the original lender transfers the mortgage to a new lender. This type of assignment is common between lenders who sell mortgages to each other. Lenders sell mortgages to free up capital and buy more mortgages to offer them to other borrowers. Mortgage assignment doesn’t change anything for the borrower, except that the borrower has to make mortgage payments to the new lender.

Do you now understand how mortgage assignment works? If you are unclear about something, let me know in the comments. Once you’re done, go through these Real Estate Terms  to learn more definitions.

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The housing market is historically unaffordable - but a record number of Americans now own their home without a mortgage

• The share of US homes without a mortgage jumped five percentage points from 2012 to 2022 to a record near 40%, Bloomberg reported. 
• More than half of those homeowners are at retirement age.
• Historically high mortgage rates and home prices have kept many Americans sidelined from the market.

The current US housing landscape is sidelining potential homebuyers, who are scared off by 8% mortgages and stubbornly high prices — but climbing interest rates aren't a problem for the record number of Americans who own their homes without a mortgage.

The share of homeowners that are mortgage-free surged 5% between 2012 and 2022, Bloomberg reported Friday , citing data from the Census Bureau, hitting a new record just below 40%. In 2012, there were 7.9 million mortgage-free single-family homes and condos. Census data analyzed by Bloomberg show that the figure increased to 33.3 million over the subsequent decade.

Millions of Americans refinanced their mortgages before the recent rate spike, and some have done it multiple times over several decades. Lower rates of the past allowed many borrowers to enter shorter-term loans without radically increasing their monthly payments. 

Then, many benefitted further when property values surged after the 2008 crisis.

More than half of mortgage-free homeowners are at retirement age. Without the burdens of a mortgage, some can move as they please. They're moving from more expensive regions to the Sun Belt, where they are able to buy homes outright. Construction is booming in these states, and the share of mortgage-free homes is high. From the start of the pandemic in 2020 up to 2022, 29% of new homes built in the US were in Florida and Texas, two places that together saw 43% of homes owned outright, per Bloomberg.

As Business Insider reported, about 730,000 people moved to Florida between 2021 and 2022. It's part of the "biggest migration" in a generation, said Holly Meyer Lucas, a real-estate agent in South Florida. Texas and Arizona, she added, have also seen an uptick, among other lower-tax states .

West Virginia, meanwhile, has the largest share of mortgage-free homes, at about 53%, Bloomberg reported. Zillow data cited by Bloomberg shows the median price there hit $157,498 in October, the lowest in the country.

This week , rates on the 30-year fixed mortgage hovered at 7.77%, the lowest level in roughly two months, tumbling as Treasury yields pull back from multi-year highs in November.

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The Independent

Second drone in as many days shot down near Moscow as Russia and Ukraine exchange attacks on capitals

Posted: 20 November 2023 | Last updated: 20 November 2023

Russia and Ukraine sent drones targeting each other’s capital cities over the weekend in signs of renewed intensity for their aerial warfare .

Drones were shot down on both Saturday and Sunday in areas around Kyiv and Moscow . Air defence systems for both sides intercepted attacks and no casualties were reported.

Multiple drones that were heading for Moscow and Russia’s border areas on Sunday were downed by Russian air defence systems over the weekend, officials said.

Kyiv has promised to wage a major drone campaign against Russia this winter , as bad weather conditions make it difficult to conduct operations on the ground.

Russian air defence units in Moscow intercepted a drone targeting the Russian capital, mayor Sergei Sobhyanin said on Telegram.

He said defence units in the Elektrostal district in the capital’s east intercepted the drone. Falling debris resulting from the operation had caused no damage or casualties, the mayor said, citing preliminary information.

Russia’s defence ministry confirmed the drone strike on Sunday night, as is typical describing the Ukrainian military operation as a “terrorist attack”.

“On 19 November at 23.20 Moscow time, an attempt by the Kyiv regime to carry out a terrorist attack using an aircraft-type UAV [unmanned aerial vehicle] on targets in Moscow and the Moscow region was stopped,” it said on its official Telegram channel.

“Duty air defence systems intercepted an unmanned aerial vehicle over the territory of the Moscow region.”

A second drone targeting Moscow was also intercepted by Russia’s air defence systems at around 1am.

The UAV was destroyed over the territory of the Bogorodsky district in Moscow, it said.

This comes after Russian authorities on Saturday said they shot down a Ukrainian drone heading for the border region of Bryansk.

The defence ministry said on-duty air defence systems destroyed the drone over Bryansk. It did not mention any casualties or damage from the attack.

Russia has also begun targeting Kyiv again after a 52-day break in air raid sirens for the Ukrainian capital.

On Saturday, Ukrainian officials said all drones heading towards Kyiv were destroyed but some hit infrastructure facilities elsewhere in Ukraine.

A day later, a wave of Iranian-made Shahed drones from Russia targeted Kyiv overnight.

The drones targeted the Ukrainian capital and the Cherkasy and Poltava regions, according to a military statement. Ukrainian anti-aircraft systems shot down 15 of 20 drones targeting the areas.

Serhii Popko, the city’s military administration spokesperson, said the drones attacked Kyiv from different directions in waves that were “constantly changing vectors”.

Ukrainian officials had warned Russia would step up aerial assaults during the winter months.

Meanwhile, the British defence ministry said there were “few immediate prospects” for major change along the Ukrainian frontline as the war enters its second winter.

In a statement, it said intense fighting was concentrated near Kupiansk in the Kharkiv region, Avdiivka in Dontesk and on the left bank of the Dnipro river, where Ukrainian forces have established a bridgehead.

From news to politics, travel to sport, culture to climate – The Independent has a host of free newsletters to suit your interests. To find the stories you want to read, and more, in your inbox, click here .

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Four of 7 officers returned to regular duty after leak of Nashville school shooting records

FILE - An entrance to The Covenant School is seen, May 24, 2023, in Nashville, Tenn. Four of seven Nashville Police officers who had been put on administrative assignment following the leak of pages from a school shooter’s journals to a conservative commentator have returned to regular duty, according to a police statement on Friday, Nov. 17, 2023. (AP Photo/George Walker IV, File)

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NASHVILLE, Tenn. (AP) — Four of seven Nashville Police officers who had been put on administrative assignment following the leak of pages from a school shooter’s journals to a conservative commentator have returned to regular duty, according to a police statement on Friday.

The officers had been placed on the administrative assignment to “protect the integrity” of the investigation into who leaked the documents, Metro Nashville Police Department spokesman Don Aaron said last week. He emphasized that the assignment is non-punitive. Police on Friday would not clarify whether the four officers who returned to regular duty have been cleared of any role in the leak.

The person who killed three 9-year-old children and three adults at a private Christian elementary school in Nashville this spring left behind at least 20 journals, a suicide note and a memoir, according to court filings. The writings have been the object of intense speculation and an open records battle , with several groups suing to force Nashville officials to release them to the public.

Police initially said they intended to release the writings once they closed their investigation, which could take up to a year. Since then, a group of Covenant School parents have joined the lawsuit, arguing that none of the documents should ever be released. They say shooter Audrey Hale’s writings could traumatize their children and inspire copycats. The Tennessee Court of Appeals heard arguments last month over whether the parents have a right to intervene in the case but have not yet ruled.

The three children who were killed in the shooting were Evelyn Dieckhaus, Hallie Scruggs and William Kinney, all 9 years old. The three adults were Katherine Koonce, 60, the head of the school, custodian Mike Hill, 61, and 61-year-old substitute teacher Cynthia Peak.

In the midst of the legal wrangling, someone slipped images of three of Hale’s journal pages to conservative commentator Stephen Crowder, who published them on Nov. 6. They include a detailed timeline for the March 27 shooting labeled “Death Day” and a slur-filled diatribe about kids who attend “private fancy schools,” although the 28-year-old Hale was a former Covenant student.

The public search to understand the shooting is complicated by that fact that Hale, who was assigned female at birth, seems to have begun identifying as a transgender man. That has prompted right-wing commentators, politicians and other figures to promote a theory that the shooting was a hate crime against Christians. The delay in releasing the writings has fueled speculation — particularly in conservative circles — regarding what the they might contain and conspiracy theories about why police won’t release them.

Police are investigating how Crowder got the journal pages. Nashville Law Director Wally Dietz has said in a news release that the journals are part of the criminal investigative file but that police had provided a copy to the Law Department to review what could be released under the Tennessee Public Records Act. Once the journals became the subject of a lawsuit, the Law Department filed copies under seal with the court. One was unredacted and one copy contained the proposed redactions. The pages that Crowder posted have a watermark on the lower right that says “redacted.”