Assignment of Deed of Trust by Individual Mortgage Holder - Texas 2025

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Implications of Name on Title but Not on Mortgage Having your name on the title means you have ownership rights to the property. However, not being on the mortgage means you are not legally obligated to pay the mortgage.
Transfer is of titles whereas the Assignment is for obligations and rights. certificate. Assign is generally associated with intangible properties such as a debt, or benefits arising from contracts for example rental income under a lease agreement.
Like a mortgage, a trust deed makes a piece of real property security (collateral) for a loan. If the loan is not repaid on time, the lender can foreclose on and sell the property and use the proceeds to pay off the loan.
In a mortgage assignment, your original lender or servicer transfers your mortgage account to another loan servicer. When this occurs, the original mortgagee or lenders interests go to the next lender. Even if your mortgage gets transferred or assigned, your mortgages terms should remain the same.
Good to know: Texas does not use mortgages. Instead, Texas uses Deeds of Trust. The document is referred to as a Deed of Trust because there is a Trustee named for the property.
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What Is Assignment in a Deed of Trust? In real estate law, assignment is simply the transfer of a deed of trust from one party to another. This usually happens when the beneficiary of a trust deed sells their loan to another lender.
Foreclosure details: When your lender forecloses with a deed of trust, the process will usually take less time and money to complete. However, foreclosure with a mortgage can be a lengthy process since you must go through the courts. Therefore, it can eat up a lot of time and money.
An Assignment of Deed of Trust transfers the rights to a new owner to become the lender of record. This new lender gains the ability to: Foreclose on the property if the borrower defaults. Collect payments from the borrower. Exercise loss mitigation measures, such as loan modifications or forbearance agreements.

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