Rotate Legal Washington Assignment Mortgage Forms For Free

When someone has what is known as an assumable mortgage, it is possible for the borrower to transfer the mortgage to another person, in which case an assignment of mortgage will need to be filed to record the transaction. This document indicates that the loan obligation has been transferred.

An "assignment" is the document that is the legal record of this transfer from one mortgagee to another. In a typical transaction, when the mortgagee sells the debt to another bank, an assignment is recorded, and the promissory note is endorsed (signed over) to the new bank.

But note that an assignment is invalid if it would materially alter the other party's duties and responsibilities. Once an assignment is effective, the assignee stands in the shoes of the assignor and assumes all of assignor's rights.

A disadvantage of a mortgage assignment is the consequences of failing to record it. Under most state laws, an entity seeking to institute foreclosure proceedings must record the assignment before it can do so. If a mortgage is not recorded, the judge will dismiss the foreclosure proceeding.

A recorded mortgage must be discharged by a certificate signed by the mortgagee, his personal representatives or assigns, acknowledged or proved and certified as prescribed by the chapter on ?recording transfers,? stating that the mortgage has been paid, satisfied, or discharged.

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.