Montana Letter to Recording Office for Recording Assignment of Mortgage
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How to fill out Letter To Recording Office For Recording Assignment Of Mortgage?
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FAQ
This document was created when a mortgagee wished to recover his money, but the mortgagor could not pay it back. The mortgagee would assign the mortgage to another person, who would pay him the money he was owed.
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.
The most common example of an Assignment of Mortgage is when a mortgage lender transfers/sells the mortgage to another lender. This can be done more than once until the balance is paid. The lender does not have to inform the borrower that the mortgage is being assigned to another party.
Montana deeds must be recorded in the county where the property is located. The standard recording fee for Montana deeds is $8.00 for each page. A clerk who accepts for recording a deed that does not comply with Montana's formatting requirements can charge an additional fee of $10.00.
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.
The assignment provision establishes the fact that the buyer (who is the assignor) can assign the property to an assignee. Upon assignment, the assignee becomes the new buyer. The AC conveys to the assignee both the AC's property rights and the AC's contract obligations.
If it does not have an assignment or failed to record it as required by state law, this may result in the dismissal of the foreclosure action. Recording rules may require that the foreclosing party record the assignment before starting the foreclosure.
Civil Code section 2932.5, which mandates that an assignee of a mortgagee must record the assignment before exercising a power to sell the real property, only applies to mortgages and does not apply to deeds of trust. (Haynes v. EMC Mortgage Corporation (? Cal.
