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Understanding the Assignment of Mortgages: What You Need To Know

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A mortgage is a legally binding agreement between a home buyer and a lender that dictates a borrower's ability to pay off a loan. Every mortgage has an interest rate, a term length, and specific fees attached to it.

Attorney Todd Carney

Written by Attorney Todd Carney .  Updated November 26, 2021

If you’re like most people who want to purchase a home, you’ll start by going to a bank or other lender to get a mortgage loan. Though you can choose your lender, after the mortgage loan is processed, your mortgage may be transferred to a different mortgage servicer . A transfer is also called an assignment of the mortgage. 

No matter what it’s called, this change of hands may also change who you’re supposed to make your house payments to and how the foreclosure process works if you default on your loan. That’s why if you’re a homeowner, it’s important to know how this process works. This article will provide an in-depth look at what an assignment of a mortgage entails and what impact it can have on homeownership.

Assignment of Mortgage – The Basics

When your original lender transfers your mortgage account and their interests in it to a new lender, that’s 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. It’s common for mortgage lenders to sell the mortgages to other lenders. Most lenders assign the mortgages they originate to other lenders or mortgage buyers.

Home Loan Documents

When you get a loan for a home or real estate, there will usually be two mortgage documents. The first is a mortgage or, less commonly, a deed of trust . The other is a promissory note. The mortgage or deed of trust will state that the mortgaged property provides the security interest for the loan. This basically means that your home is serving as collateral for the loan. It also gives the loan servicer the right to foreclose if you don’t make your monthly payments. The promissory note provides proof of the debt and your promise to pay it.

When a lender assigns your mortgage, your interests as the mortgagor are given to another mortgagee or servicer. Mortgages and deeds of trust are usually recorded in the county recorder’s office. This office also keeps a record of any transfers. When a mortgage is transferred so is the promissory note. The note will be endorsed or signed over to the loan’s new owner. In some situations, a note will be endorsed in blank, which turns it into a bearer instrument. This means whoever holds the note is the presumed owner.

Using MERS To Track Transfers

Banks have collectively established the Mortgage Electronic Registration System , Inc. (MERS), which keeps track of who owns which loans. With MERS, lenders are no longer required to do a separate assignment every time a loan is transferred. That’s because MERS keeps track of the transfers. It’s crucial for MERS to maintain a record of assignments and endorsements because these land records can tell who actually owns the debt and has a legal right to start the foreclosure process.

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Assignment of Mortgage Requirements and Effects

The assignment of mortgage needs to include the following:

The original information regarding the mortgage. Alternatively, it can include the county recorder office’s identification numbers. 

The borrower’s name.

The mortgage loan’s original amount.

The date of the mortgage and when it was recorded.

Usually, there will also need to be a legal description of the real property the mortgage secures, but this is determined by state law and differs by state.

Notice Requirements

The original lender doesn’t need to provide notice to or get permission from the homeowner prior to assigning the mortgage. But the new lender (sometimes called the assignee) has to send the homeowner some form of notice of the loan assignment. The document will typically provide a disclaimer about who the new lender is, the lender’s contact information, and information about how to make your mortgage payment. You should make sure you have this information so you can avoid foreclosure.

Mortgage Terms

When an assignment occurs your loan is transferred, but the initial terms of your mortgage will stay the same. This means you’ll have the same interest rate, overall loan amount, monthly payment, and payment due date. If there are changes or adjustments to the escrow account, the new lender must do them under the terms of the original escrow agreement. The new lender can make some changes if you request them and the lender approves. For example, you may request your new lender to provide more payment methods.

Taxes and Insurance

If you have an escrow account and your mortgage is transferred, you may be worried about making sure your property taxes and homeowners insurance get paid. Though you can always verify the information, the original loan servicer is responsible for giving your local tax authority the new loan servicer’s address for tax billing purposes. The original lender is required to do this after the assignment is recorded. The servicer will also reach out to your property insurance company for this reason.  

If you’ve received notice that your mortgage loan has been assigned, it’s a good idea to reach out to your loan servicer and verify this information. Verifying that all your mortgage information is correct, that you know who to contact if you have questions about your mortgage, and that you know how to make payments to the new servicer will help you avoid being scammed or making payments incorrectly.

Let's Summarize…

In a mortgage assignment, your original lender or servicer transfers your mortgage account to another loan servicer. When this occurs, the original mortgagee or lender’s interests go to the next lender. Even if your mortgage gets transferred or assigned, your mortgage’s terms should remain the same. Your interest rate, loan amount, monthly payment, and payment schedule shouldn’t change. 

Your original lender isn’t required to notify you or get your permission prior to assigning your mortgage. But you should receive correspondence from the new lender after the assignment. It’s important to verify any change in assignment with your original loan servicer before you make your next mortgage payment, so you don’t fall victim to a scam.

Attorney Todd Carney

Attorney Todd Carney is a writer and graduate of Harvard Law School. While in law school, Todd worked in a clinic that helped pro-bono clients file for bankruptcy. Todd also studied several aspects of how the law impacts consumers. Todd has written over 40 articles for sites such... read more about Attorney Todd Carney

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2005 Florida Code - REAL AND PERSONAL PROPERTY ASSIGNMENT AND CANCELLATION OF MORTGAGESChapter 701

Disclaimer: These codes may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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Assignment of Mortgage (Commercial Real Estate Loan) (FL) | Practical Law

assignment of mortgage florida

Assignment of Mortgage (Commercial Real Estate Loan) (FL)

Practical law standard document w-000-0770  (approx. 16 pages).

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Florida Law: How Do You Assign a Mortgage?

The 2009 florida statutes.

Chapter 701 ASSIGNMENT AND CANCELLATION OF MORTGAGES

701.02  Assignment not effectual against creditors unless recorded and indicated in title of document; applicability.

(1)  An assignment of a mortgage upon real property or of any interest therein, is not good or effectual in law or equity, against creditors or subsequent purchasers, for a valuable consideration, and without notice, unless the assignment is contained in a document that, in its title, indicates an assignment of mortgage and is recorded according to law.

assignment of mortgage florida

(3)  Any assignment of a mortgage, duly executed and recorded according to law, purporting to assign the principal of the mortgage debt or the unpaid balance of such principal, shall, as against subsequent purchasers and creditors for value and without notice, be held and deemed to assign any and all accrued and unpaid interest secured by such mortgage, unless such interest is specifically and affirmatively reserved in such an assignment by the assignor, and a reservation of such interest or any part thereof may not be implied.

(4)  Notwithstanding subsections (1), (2), and (3) governing the assignment of mortgages, chapters 670-680 of the Uniform Commercial Code of this state govern the attachment and perfection of a security interest in a mortgage upon real property and in a promissory note or other right to payment or performance secured by that mortgage. The assignment of such a mortgage need not be recorded under this section for purposes of attachment or perfection of a security interest in the mortgage under the Uniform Commercial Code.

(5)  Notwithstanding subsection (4), a creditor or subsequent purchaser of real property or any interest therein, for valuable consideration and without notice, is entitled to rely on a full or partial release, discharge, consent, joinder, subordination, satisfaction, or assignment of a mortgage upon such property made by the mortgagee of record, without regard to the filing of any Uniform Commercial Code financing statement that purports to perfect a security interest in the mortgage or in a promissory note or other right to payment or performance secured by the mortgage, and the filing of any such financing statement does not constitute notice for the purposes of this section. For the purposes of this subsection, the term “mortgagee of record” means the person named as the mortgagee in the recorded mortgage or, if an assignment of the mortgage has been recorded in accordance with this section, the term “mortgagee of record” means the assignee named in the recorded assignment.

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Florida Statutes 199.145 – Corrective mortgages; assignments; assumptions; refinancing

Terms used in florida statutes 199.145.

  • Deed : The legal instrument used to transfer title in real property from one person to another.
  • Lien : A claim against real or personal property in satisfaction of a debt.
  • Mortgage : The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee : The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor : The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Obligation : An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Real property : Land, and all immovable fixtures erected on, growing on, or affixed to the land.

assignment of mortgage florida

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© 2020 Stewart Title Company

FL Assignment of Mortgage Endorsement Guideline 1

Organizational guidelines, explanation:, underwriting requirements:.

Any revision to this form requires approval of a Stewart Title Guaranty Company underwriter. The underwriting guidelines contained herein have been provided for general reference. The facts, circumstances, and location of the subject property should be considered when determining the issuance of the requested form or endorsement. Please note that all of the forms and endorsements included in this system may not be available in all states. Accordingly, please contact the appropriate Stewart Title Guaranty Company underwriting personnel in order to determine availability. Compliance with the underwriting guidelines contained herein in no way obligates Stewart Title Guaranty Company to issue any form or endorsement.

IMAGES

  1. Satisfaction, Release or Cancellation of Mortgage by Individual Florida

    assignment of mortgage florida

  2. Free Mortgage Assignment Agreement

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  3. ASSIGNMENT OF MORTGAGE

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  4. Assignment of Mortgage Package Florida Form

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  5. Florida Fixed Rate Mortgage Note

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  6. Assignment Of Mortgage Form

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COMMENTS

  1. Statutes & Constitution :View Statutes : Online Sunshine

    (3) Any assignment of a mortgage, duly executed and recorded according to law, purporting to assign the principal of the mortgage debt or the unpaid balance of such principal, shall, as against subsequent purchasers and creditors for value and without notice, be held and deemed to assign any and all accrued and unpaid interest secured by such mo...

  2. Cracking the Mortgage Assignment Shell Game

    Even before the UCC, the Florida Supreme Court ruled that a mortgage can be transferred without a written assignment simply by delivering the note with intent to assign it. 4 So at its core, between the parties to the assignment, assigning a mortgage is very much like selling a used lawn mower.

  3. Florida Assignment and Satisfaction of Mortgage Law

    701.01 Assignment.-Any mortgagee may assign and transfer any mortgage made to her or him, and the person to whom any mortgage may be assigned or transferred may also assign and transfer it, and that person or her or his assigns or subsequent assignees may lawfully have, take and pursue the same means and remedies which the mortgagee may lawfully...

  4. Statutes & Constitution :View Statutes : Online Sunshine

    (4) Notwithstanding subsections (1), (2), and (3) governing the assignment of mortgages, chapters 670-680 of the Uniform Commercial Code of this state govern the attachment and perfection of a security interest in a mortgage upon real property and in a promissory note or other right to payment or performance secured by that mortgage. The assignment of such a mortgage need not be recorded under ...

  5. Understanding the Assignment of Mortgages: What You Need To Know

    Updated November 26, 2021 Table of Contents Assignment of Mortgage - The Basics Home Loan Documents Using MERS To Track Transfers Assignment of Mortgage Requirements and Effects Notice Requirements Mortgage Terms Taxes and Insurance Let's Summarize…

  6. Chapter 701

    (3) Any assignment of a mortgage, duly executed and recorded according to law, purporting to assign the principal of the mortgage debt or the unpaid balance of such principal, shall, as against subsequent purchasers and creditors for value and without notice, be held and deemed to assign any and all accrued and unpaid interest secured by such mo...

  7. 2005 Florida Code

    (4) Notwithstanding subsections (1), (2), and (3) governing the assignment of mortgages, chapters 670-680 of the Uniform Commercial Code of this state govern the attachment and perfection of a security interest in a mortgage upon real property and in a promissory note or other right to payment or performance secured by that mortgage. The ...

  8. Statutes & Constitution :View Statutes : Online Sunshine

    The 2023 Florida Statutes (including Special Session C) Title XL. REAL AND PERSONAL PROPERTY. Chapter 701. ASSIGNMENT AND CANCELLATION OF MORTGAGES. View Entire Chapter. 1 701.04 Cancellation of mortgages, liens, and judgments.—. (1) (a) Within 10 days after receipt of the written request of a mortgagor, a record title owner of the property ...

  9. Chapter 701 Section 02

    (3) Any assignment of a mortgage, duly executed and recorded according to law, purporting to assign the principal of the mortgage debt or the unpaid balance of such principal, shall, as against subsequent purchasers and creditors for value and without notice, be held and deemed to assign any and all accrued and unpaid interest secured by such mo...

  10. Assignment of Mortgage (Commercial Real Estate Loan) (FL)

    An assignment of mortgage under Florida law used to assign and transfer a mortgage from one lender to another. This Standard Document is intended for use with the financing of commercial properties in Florida and has integrated notes with important explanations and drafting and negotiating tips for both the assignor and the assignee.

  11. Florida Law: How Do You Assign a Mortgage?

    (3) Any assignment of a mortgage, duly executed and recorded according to law, purporting to assign the principal of the mortgage debt or the unpaid balance of such principal, shall, as against subsequent purchasers and creditors for value and without notice, be held and deemed to assign any and all accrued and unpaid interest secured by such mo...

  12. Proving Standing to Foreclose a Florida Mortgage

    When a note is conveyed, an assignment of mortgage is often recorded, which gives notice of the assignment and the assignee's right to foreclose. 8 In the absence of a recorded assignment of mortgage, when a note is conveyed, the mortgage follows the note into the hands of the assignee-holder who can still enforce them. 9 However, the better pra...

  13. Florida Statutes 199.145

    Terms Used In Florida Statutes 199.145. Deed: The legal instrument used to transfer title in real property from one person to another.; Lien: A claim against real or personal property in satisfaction of a debt.; Mortgage: The written agreement pledging property to a creditor as collateral for a loan.; Mortgagee: The person to whom property is mortgaged and who has loaned the money.

  14. Justia :: Assignment Of Mortgage :: Florida :: Financing :: :: :: Free

    Assignment Of Mortgage Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form Loading PDF... Tags: Justia - Assignment Of Mortgage - Florida - Financing - - - Free Legal Forms - Justia Forms

  15. Free Mortgage Assignment Agreement

    Updated February 01, 2024 A mortgage assignment agreement is between a holder of debt (assignor) and a party that assumes the debt (assignee). Under most mortgages, the borrower has no rights to object. Since a mortgage is centered upon a specific borrower's credit profile, it is difficult to replace with a new borrower. Where to Record

  16. What Is Assignment Of Mortgage?

    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.

  17. ASSIGNMENT OF MORTGAGE

    Multistate Mortgage Assignment -Single Family - Fannie Mae Uniform Instrument Form 3741 07/2021 Page 1 of 4 . Recording Requested By/Return To: ASSIGNMENT OF MORTGAGE [To be used only where Fannie Mae is the assignee.] For Value Received, the undersigned holder of a Mortgage (herein "Assignor") whose address is

  18. Statutes & Constitution :View Statutes : Online Sunshine

    697.07 Assignment of rents.—. (1) For purposes of this section, the term: (a) "Mortgagee" means a person entitled to enforce an obligation secured by a mortgage. (b) "Mortgagor" means a person who grants a mortgage or a successor in ownership of the real property described in the mortgage. (2) A mortgage or separate instrument may ...

  19. FL Assignment of Mortgage Endorsement Guideline 1

    The assignment of mortgage must be property executed by the holder of the promissory note and the mortgagee. If there have been prior assignments of the mortgage, it is necessary to establish an uninterrupted chain of title for the mortgage being assigned. Also, the original promissory note should be transferred to the assignee.

  20. Florida Assignment of Mortgage by Individual Mortgage Holder

    The Florida Assignment of Mortgage by Individual Mortgage Holder file will instantly get stored in the My Forms tab (a tab for every form you save on US Legal Forms). To create a new account, look at short guidelines below: If you're going to use a state-specific sample, make sure you indicate the appropriate state.

  21. Assignment Of Mortgage Florida

    The Florida Assignment of Mortgage by Corporate Mortgage Holder file will quickly get stored in the My Forms tab (a tab for every form you download on US Legal Forms). To register a new profile, follow the short instructions below: If you're going to utilize a state-specific documents, ensure you indicate the proper state.

  22. Assignment of mortgage florida: Fill out & sign online

    01. Edit your assignment of mortgage template online Type text, add images, blackout confidential details, add comments, highlights and more. 02. Sign it in a few clicks Draw your signature, type it, upload its image, or use your mobile device as a signature pad. 03. Share your form with others

  23. PDF Florida Assignment of Mortgage Package

    ASSIGNMENT OF MORTGAGE PACKAGE Control Number: FL-P031-PKG U.S. Legal FormsTM thanks you for your purchase of a Specialty Forms Package. This package is an important tool for use by the owner of a deed of trust/mortgage to convey the owner's interest in the deed of trust/mortgage to a third party. TABLE OF CONTENTS I. Form List with descriptions