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REAL ESTATE LAW

What is a deed of trust with assignment of rents.

By Rebecca K. McDowell, J.D.

February 24, 2020

Reviewed by Michelle Seidel, B.Sc., LL.B., MBA

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deed of trust and assignment of rents pdf

  • What Is a Corporate Assignment of Deed of Trust?

A deed of trust is a written instrument granting a lien on real property. While slightly different from a mortgage, they are functionally nearly the same. Some states use deeds of trust instead of mortgages while others allow both. Either way, a deed of trust used to secure a commercial loan may also include an assignment of rents , which gives the lender the right to collect rental income from the property in the event of default.

What Is a Deed of Trust?

A ​ deed of trust ​ is a document that a borrower may execute in favor of a lender to give the lender a lien on a parcel of real estate. Like a mortgage, a deed of trust secures the loan by allowing the lender to foreclose on the real estate if the loan isn't paid (although in some states that use deeds of trust, a foreclosure isn't necessary).

​ Read More: ​ How to Research a Deed of Trust

Deed of Trust vs. Mortgage

A deed of trust is very similar to a mortgage in that it pledges property to secure a loan. A mortgage, however, is simpler; the property owner executes a mortgage document in favor of the lender, and the lender records the mortgage and has a lien , but the property owner still holds title to the property.

A deed of trust, on the other hand, grants an actual ownership interest in the property to a trustee, who holds the property in trust for the lender until the obligation is paid.

What Is an Assignment of Rents?

An ​ assignment of rents ​ is extra security granted to a lender that provides a commercial loan. Commercial loans are loans that are not made for family or household use but for business purposes.

When a borrower grants a mortgage or deed of trust on real estate and the real estate has tenants who pay rent, the lender can demand an assignment of rents in addition to the mortgage or deed of trust.

The assignment of rents means that if the borrower defaults on the loan, the lender can step in and collect the rents directly from the tenants.

Deed of Trust With Assignment of Rents

A deed of trust may contain an assignment of rents clause for that same property. In addition to a clause in the deed of trust, the lender may also require the borrower to execute a separate document called an "Assignment of Rents" that is recorded with the register of deeds.

Whether the assignment is written in the deed of trust only or is also contained in a separate document, it is binding on the borrower as long as its language is clear and sufficient to create an assignment under state law.

Exercising an Assignment of Rents

When a lender decides to collect the rents on the borrower's property, the lender is said to be exercising the assignment of rents. The lender cannot exercise the assignment unless the borrower has defaulted on the loan. Once that happens, the lender can send a written demand to the tenant or tenants, requiring that the rents be paid directly to the lender.

Absolute Assignments of Rents

An assignment of rents most likely will contain language that the assignment is an ​ absolute assignment ​. In most states, an absolute assignment gives the lender an immediate interest in the rents. This means that the lender actually owns the rents and is simply allowing the borrower to collect them on license until an event of default. Once a default occurs, the lender can intercept the rents without taking any court action; a letter to the tenants is all that's needed.

Every state's laws are different; the law of the state where the property is located will dictate how a lender can exercise an assignment of rents.

​ Read More: ​ What Is the Difference Between a Deed and a Deed of Trust?

  • Companies Incorporated: Mortgage States and Deed of Trust States
  • American Bar Association: Commercial Real Estate FAQs
  • Schulte Roth & Zabel: Sixth Circuit Upholds Assignment of Rents to Secured Lender
  • Findlaw: California Civil Code - CIV § 2938
  • Legal Beagle: What Is the Difference Between a Deed and a Deed of Trust?
  • Legal Beagle: How to Research a Deed of Trust
  • Legal Beagle: Documents Needed to Refinance a Mortgage
  • Legal Beagle: How to File a Property Lien

Rebecca K. McDowell is a creditors' rights attorney with a special focus on bankruptcy and insolvency. She has a B.A. in English from Albion College and a J.D. from Wayne State University Law School. She has written legal articles for Nolo and the Bankruptcy Site.

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Short form deed of trust and assignment of rents.

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Tverskaya Area in Moscow

Tverskaya is the main street of Moscow, it starts from the Kremlin and goes north through all Moscow to change into Leningradskoe shosse, which leads to Tver and after 700 km to St. Petersburg. Tverskaya street is a wide central avenue bustling with life, with large buildings on the sides where there are various shops, clubs, cafes, and restaurants inside. However, the life around Tverskaya (small streets, boulevards around) is quite calm, and it's one of the nicest areas to walk around or to go out in Moscow.

About 300 years ago Tverskaya was the area where rich Moscovitans liked to build their residences. There were many beautiful buildings on the street, boasting great architecture and beautiful interiors. The street was quite narrow,  but very long, even in the old times. In the 20th century, during the communist reign, all the buildings were taken from the nobles, and most of them were destructed and rebuilt in the new 'Stalinist' monumental style. There was a need to widen the street, because it was so central. Nobody knows for sure how they did it, however most of the people say that Soviet engineers put all the buildings on steel balls and actually 'rolled' them away from each other.

Tverskaya street in Moscow - photo by Erik Feng @FlickR

A nice area to walk around is Tverskoi Boulevard , which is just outside metro Tverskaya (green) or Pushkinskaya (violet) exit. This boulevard used to be the favourite walking street for Moscow intellectuals and elite in the 19th century. There's even a monument to the two Russian poets who liked to walk there: Pushkin and Esenin. Pushkinskaya square (metro Pushkinskaya, Tverskaya, Tchekhovskaya) is the heart of Moscow entertainment: if you are not sure what to do, start from here. At least you're next to the major metro hub.

The Hermitage garden (metro Tchekhovskaya -grey line) is the home for New Opera house, and a refreshing green place in the busy Moscow centrum. Another famous area is Patriarshi Ponds (metro Mayakovskaya (green) or Tverskaya), where Mikhail Bulgakov's 'Master and Margarita' novel took place. The ponds, now an expensive residential area and a favourite hangout for Moscovitans used to be a swamp and a gazing field for goats 200 years ago. Also, between Patriarshi Ponds and Tverskaya street, there are many buildings made in 'Art Niveaux' style. Mayakovskaya square (Mayakovskaya metro) is a smaller variant of Pushkinskaya square: also many places to eat, cafes, some interesting contemporary art and photo galleries. Novoslobodskaya area is a quiet residential area in the centrum, so there are many supermarkets, small restaurants and shops. Belorusskaya square is a one of the main transport hubs, there's Belorusski railway station, some expensive hotels, and a lot of cafes. That's where Tverskaya changes into Leningradki prospekt, that leads to the direction of Sheremetyevo II airport and St Petersburg.

Also, it a great idea just to walk around many streets around Tverskaya . They are really diverse and give some special feeling of Moscow: clean, dirty, strange, quiet.  

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  13. What Is a Deed of Trust With Assignment of Rents?

    A deed of trust is a document that a borrower may execute in favor of a lender to give the lender a lien on a parcel of real estate. Like a mortgage, a deed of trust secures the loan by allowing the lender to foreclose on the real estate if the loan isn't paid (although in some states that use deeds of trust, a foreclosure isn't necessary).

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  23. Tverskaya Area in Moscow

    The best way to explore Moscow is to go for a walk in one of the central neighborhoods or parks. Tverskaya is the main street of Moscow, it starts from the Kremlin and goes north through all Moscow to change into Leningradskoe shosse, which leads to Tver and after 700 km to St. Petersburg. Tverskaya street is a wide central avenue bustling with ...

  24. PDF Short Form Deed of Trust and Assignment of Rents

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