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A voluntary foreclosure is a foreclosure proceeding that is initiated by a borrower who is unable to continue making loan payments on a property, in an attempt to avoid further payments and prevent involuntary foreclosure and eviction. Borrowers may choose this option if their mortgage is significantly underwater.
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.
When a borrower prepays their mortgage or makes the final mortgage payment, a satisfaction of mortgage document must be prepared, signed, and filed by the financial institution in ownership of the mortgage. The satisfaction of mortgage document is created by a lending institution and their legal counsel.
Most states have statutes requiring lenders to record a satisfaction of mortgage, lien release, or similar filing within a specific timeframe following payoff of the loan, although in some jurisdictions that requirement may only apply to a residential mortgage.
An assignment of mortgage gives the loan seller's rights under the mortgage, including the right to foreclose if the borrower doesn't make payments, to the new owner of the loan.