Mortgage Assignment Agreement Template for United States

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Key Requirements PROMPT example:

Mortgage Assignment Agreement

"I need a Mortgage Assignment Agreement to transfer a residential mortgage portfolio of 50 properties from First National Bank to Regional Trust Company, with the assignment to be effective March 15, 2025, and including special provisions for ongoing servicing rights."

Document background
A Mortgage Assignment Agreement becomes necessary when a mortgage holder wishes to transfer their rights to another party. This commonly occurs in loan portfolio sales, securitizations, or bank mergers. The agreement must detail the original mortgage information, property description, and precise terms of the transfer. Under U.S. law, the document must comply with both federal regulations and state-specific requirements, including proper recording in county records. The agreement typically requires notarization and may need to be accompanied by notice to the borrower.
Suggested Sections

1. Parties: Identifies assignor and assignee with full legal names and addresses

2. Background: Details of original mortgage, including date, parties, and property description

3. Definitions: Key terms used throughout the agreement including Mortgage, Property, Borrower, Original Lender, and Assignment Date

4. Assignment: Core provision transferring rights from assignor to assignee

5. Representations and Warranties: Assignor's statements about ownership and right to assign

6. Governing Law: Specifies applicable jurisdiction and law

7. Execution: Signature blocks and notarization requirements

Optional Sections

1. Purchase Price: Terms of payment for the assignment, including amount and payment method

2. Further Assurances: Commitment to execute additional documents if needed for effective assignment

3. Servicing Rights: Provisions regarding transfer or retention of mortgage servicing rights

Suggested Schedules

1. Schedule A - Property Description: Legal description of the mortgaged property

2. Schedule B - Original Mortgage: Copy or details of the original mortgage being assigned

3. Schedule C - Recording Information: Details of original mortgage recording

4. Exhibit A - Notice to Borrower: Form of notice to be sent to borrower regarding assignment

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Industries

Truth in Lending Act (TILA): Federal law that requires lenders to provide standardized disclosures about credit and loan terms, protecting consumers in credit transactions including mortgage assignments

Real Estate Settlement Procedures Act (RESPA): Federal law governing real estate settlement processes, requiring disclosures about mortgage loans and prohibiting kickbacks in real estate settlements

Dodd-Frank Wall Street Reform: Comprehensive financial reform legislation that introduced new mortgage lending rules and created the Consumer Financial Protection Bureau

Fair Credit Reporting Act (FCRA): Federal law regulating the collection and use of consumer credit information, relevant for mortgage transactions and assignments

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in credit transactions, including mortgage lending and assignments

State Recording Statutes: State-specific laws governing the recording of mortgage assignments and other real property documents in public records

State Real Property Laws: State-specific laws governing real estate transactions, property rights, and transfers

State Mortgage and Foreclosure Laws: State-specific regulations governing mortgage enforcement, assignments, and foreclosure procedures

State UCC Provisions: State-adopted versions of the Uniform Commercial Code governing secured transactions and negotiable instruments

CFPB Regulations: Federal regulations issued by the Consumer Financial Protection Bureau governing mortgage servicing, transfers, and consumer protection

FHA Requirements: Federal Housing Administration guidelines for mortgage assignments involving FHA-insured loans

GSE Guidelines: Requirements set by Fannie Mae and Freddie Mac for mortgage assignments involving loans owned or guaranteed by these entities

Securities Laws: Federal and state laws governing mortgage securitization and assignment of mortgages as part of security pools

Bankruptcy Laws: Federal laws affecting the treatment of mortgage assignments in bankruptcy proceedings

UCC Article 3: Uniform Commercial Code provisions governing negotiable instruments, including mortgage notes

UCC Article 9: Uniform Commercial Code provisions governing secured transactions and the assignment of security interests in mortgages

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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