Assignment of Mortgage Package - Texas 2026

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  1. Click ‘Get Form’ to open the Assignment of Mortgage Package in our editor.
  2. Begin with the 'Assignment of Deed of Trust by Individual Mortgage Holder' form. Fill in the name and address of the individual mortgage holder, followed by the details of the deed of trust being assigned.
  3. Next, if applicable, complete the 'Assignment of Deed of Trust by Corporate Mortgage Holder' form. Enter the corporation's name and address, along with relevant deed details.
  4. Proceed to the 'Letter of Notice to Borrower of Assignment of Mortgage.' Here, include the borrower's name and address, and clearly state that their mortgage has been assigned.
  5. Finally, fill out the 'Letter to Recording Office for Recording Assignment of Mortgage.' Provide all necessary information for recording purposes and ensure it is addressed correctly.

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Generally, the law allows the assignment of a contractual right unless the substitution of rights would materially change the duty of the obligor, materially increase the burden or risk imposed on the obligor by the contract, materially impair the chance of obtaining return performance, or materially reduce the value
Contract Assignment. (a) A contract assignment must be made as part of an ownership change, a change in tax status, or a transfer from one legal entity to another through a legal process. No assignment is effective until approved, in writing, by the Texas Department of Human Services (DHS).
Some contracts prohibit assignments of contract altogether, and some require the other parties of the agreement to agree to the transfer. However, the general rule is that contracts are freely asdocHub unless there is an explicit provision that says otherwise.
Therefore, for a transfer of a mortgagees interest to be effective, it is necessary to record an assignment of a mortgage in the land records. In the Real Property Article, deed of trust and mortgage are defined separately.
In Texas, the assignment of a contract is generally permissible unless the contract itself prohibits it or the assignment would docHubly change the obligations of the other party. Texas law recognizes the right to assign contracts as a part of the freedom to contract.