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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.

Both the Courts and several years of case law hold that the actual mortgage is a nullity. It is the note that controls the ownership of the loan, and by operation of fiction, whoever holds the note will hold an equity right to foreclosure irrespective of who holds or has 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.

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.

Mortgages are assigned using a document called an assignment of mortgage. This legally transfers the original lender's interest in the loan to the new company. After doing this, the original lender will no longer receive the payments of principal and interest.

In real estate wholesaling, an assignment fee is a financial obligation from one party (the ?assignor?) who agrees to transfer their contractual obligations to another party (the ?assignee.?) In layman's terms, the assignment fee is the fee paid by the end buyer to the real estate wholesaler.