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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.
An assignment of contract is a legal clause that allows for one party of a contract to transfer the rights, obligations, and responsibilities of that contract to another party. The party who is giving away the responsibility of the contract is the assignor and the party receiving is the assignee.
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 bank might transfer a mortgage for several reasons, including death and divorce. Living trust arrangements can also trigger a mortgage transfer.
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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Mortgages cannot be transferred. Banks will want to underwrite the file and make sure YOU are able to pay back the loan. And when they do, they certainly will not give you that interest rate. You will need to make the payments for her under her name, or get a new loan under your name.

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