A Mortgage Assignment Agreement becomes necessary when a mortgage holder wishes to transfer their rights to another party. This commonly occurs in loan portfolio sales, securitizations, or bank mergers. The agreement must detail the original mortgage information, property description, and precise terms of the transfer. Under U.S. law, the document must comply with both federal regulations and state-specific requirements, including proper recording in county records. The agreement typically requires notarization and may need to be accompanied by notice to the borrower.
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1. Parties: Identifies assignor and assignee with full legal names and addresses
2. Background: Details of original mortgage, including date, parties, and property description
3. Definitions: Key terms used throughout the agreement including Mortgage, Property, Borrower, Original Lender, and Assignment Date
4. Assignment: Core provision transferring rights from assignor to assignee
5. Representations and Warranties: Assignor's statements about ownership and right to assign
6. Governing Law: Specifies applicable jurisdiction and law
7. Execution: Signature blocks and notarization requirements
1. Purchase Price: Terms of payment for the assignment, including amount and payment method
2. Further Assurances: Commitment to execute additional documents if needed for effective assignment
3. Servicing Rights: Provisions regarding transfer or retention of mortgage servicing rights
1. Schedule A - Property Description: Legal description of the mortgaged property
2. Schedule B - Original Mortgage: Copy or details of the original mortgage being assigned
3. Schedule C - Recording Information: Details of original mortgage recording
4. Exhibit A - Notice to Borrower: Form of notice to be sent to borrower regarding assignment
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