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Collateral refers to an asset that a borrower offers as a guarantee for a loan, such as a mortgage. When you obtain the loan, the lender puts a lien on the collateral. The lien stipulates that the lender can seize the collateral if you dont repay the loan under the terms of the contract.
An assignment transfers all the original mortgagees interest under the mortgage or deed of trust to the new bank. Generally, the mortgage or deed of trust is recorded shortly after the mortgagors sign it, and, if the mortgage is subsequently transferred, each assignment is recorded in the county land records.
At closing, borrowers sign a document granting the original lender the right to assign the mortgage elsewhere. This means the original lender doesnt have to ask for permission to assign the mortgage but can do so whenever it wants to.
An assignment of mortgage gives the loan sellers rights under the mortgage, including the right to foreclose if the borrower doesnt make payments, to the new owner of the loan.
So whoever is a borrower on the Note is personally liable for paying back the debt to the lender. The Note is not recorded in the Courthouse, so the original Note is returned to the lender upon closing.
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What Does Assignment Of Mortgage Mean? An assignment of mortgage is a legal term that refers to the transfer of the security instrument that underlies your mortgage loan aka your home. When a lender sells the mortgage on, an investor effectively buys the note, and the mortgage is assigned to them at this time.
If you receive a document from the lender or the county that is a release of mortgage (or the like) and the document indicates it has been recorded by the county, that document is enough to know the county shows your mortgage lien as released.
The assignment of mortgage occurs because without a security instrument attached to the sale (aka the mortgage), this purchasing investor could, in theory, receive monthly mortgage payments, but hold no legal right to take action if you defaulted on making timely payments.
An assignment transfers all the original mortgagees interest under the mortgage or deed of trust to the new bank. Generally, the mortgage or deed of trust is recorded shortly after the mortgagors sign it, and, if the mortgage is subsequently transferred, each assignment is recorded in the county land records.
Assignment of Mortgage The Basics. When your original lender transfers your mortgage account and their interests in it to a new lender, thats 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.

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