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Legally, the term mortgage refers only to the document that states that the home can be sold in case of default. Under an assignment of mortgage, both documents are transferred to their new owner for servicing.
Mortgages are assigned using a document called an assignment of mortgage. This legally transfers the original lenders interest in the loan to the new company. After doing this, the original lender will no longer receive the payments of principal and interest.
A transfer of mortgage is the reassignment of an existing mortgage from the current holder to another person or entity. Not all mortgages can be transferred to another person. If a mortgage can be transferred, the lender has the right to approve the person assuming the loan.
A recorded mortgage must be discharged by a certificate signed by the mortgagee, his personal representatives or assigns, acknowledged or proved and certified as prescribed by the chapter on recording transfers, stating that the mortgage has been paid, satisfied, or discharged.
Assignments Generally: Lenders, or holders of mortgages or deeds of trust, often assign mortgages or deeds of trust to other lenders, or third parties. When this is done the assignee (person who received the assignment) steps into the place of the original lender or assignor.
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Assignment by Participant Lender In the assignment and assumption agreement, the assigning lender sells and assigns to the assignee lender, and the assignee lender purchases and assumes all of the assignor lenders rights and obligations under the loan documents.
Additionally, the Assignment of Mortgage plays a crucial role in the secondary mortgage market. It allows investors to buy and sell mortgages, providing liquidity to the market. This liquidity is essential for ensuring a steady flow of funds for new mortgage originations.
To find out whether a mortgage is assumable, look for an assumption clause in your mortgage contract. In most cases, the mortgage lender has to approve the assumption, and typically will hold the new borrower to the loans eligibility requirements.

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