Annotate Legal Idaho Assignment Mortgage Forms For Free

An assignment of mortgage documents the transfer of a mortgage from an original lender or borrower to another person or entity. Lenders regularly sell mortgages to other lenders. Less often, a borrower transfers the mortgage to someone else who assumes the mortgage.

The purpose of the mortgage or deed of trust is to provide security for the loan that's evidenced by a promissory note. Loan Transfers. Banks often sell and buy mortgages from each other. An "assignment" is the document that is the legal record of this transfer from one mortgagee to another.

Before a bank can institute a foreclosure proceeding, the bank must record the assignment of the note. The bank must also be in actual possession of the note. If the bank fails to ?produce the note,? that is, cannot demonstrate that the note was assigned to it, the bank cannot demonstrate it owns the note.

The Court's holding requires that prior to the assignee of a mortgage loan filing suit on the note or mortgage, the assignee must have received both an allonge/assignment of the note and an assignment of the mortgage.

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.

Most mortgages have a provision that permits the mortgagor (the person who holds the mortgage) to assign it to another. An assignment is the legal term used to indicate that someone is transferring a legal right or interest they have to someone else. In our case, the lender is transferring the mortgage.