Notice of Assignment, Sale, or Transfer of Servicing Rights, Mortgage Loans

State:
Multi-State
Control #:
US-37006-C
Format:
Word; 
Rich Text
Instant download

Description

This form notifies a borrower that the servicing of his/her mortgage loan is being assigned, sold, or transferred to a new lender.

Definition and meaning

The Notice of Assignment, Sale, or Transfer of Servicing Rights, Mortgage Loans is a formal document that informs borrowers when the servicing rights of their mortgage loan are being assigned, sold, or transferred. This notice specifies that the entity responsible for collecting mortgage payments will change, but it does not alter the terms of the mortgage itself, except for servicing-related conditions.

How to complete a form

When filling out the Notice of Assignment, Sale, or Transfer of Servicing Rights, it’s essential to provide accurate information. Consider the following steps:

  1. Fill in the borrower details: List all borrower names in the designated spaces.
  2. Include the bank name and closing date of the transaction.
  3. Clearly indicate the old servicer and the new servicer, including their contact information.
  4. Specify the effective date of the transfer.
  5. Ensure the document is signed and dated by all borrowers to acknowledge receipt.

Key components of the form

The Notice contains several important sections, each serving a distinct purpose:

  • Borrower Information: Names and signatures of all borrowers.
  • Servicer Details: Information about both the old and the new servicer, including names, addresses, and contact numbers.
  • Effective Date: The date from which the new servicer will begin accepting payments.
  • Consumer Rights: Information regarding rights under the Real Estate Settlement Procedures Act (RESPA), including the 60-day grace period for payment processing.

Legal use and context

This notice is essential for legal compliance. According to federal law, lenders must notify borrowers of any changes in servicing rights at least 15 days before the effective date. This transparency helps protect consumers and ensures they are aware of who to contact regarding their loan. Not adhering to this requirement can result in penalties for the lender.

Benefits of using this form online

Accessing the Notice of Assignment, Sale, or Transfer of Servicing Rights online offers several advantages:

  • Convenience: Users can download and complete the form anytime and anywhere.
  • Accessibility: Easy access to the latest version ensures compliance with current regulations.
  • Time-saving: Filling out the form electronically can speed up the submission process.
  • Guidance: Online forms often provide step-by-step instructions and FAQs to assist users.

What to expect during notarization or witnessing

Notarization or witnessing of the Notice is often required to validate the document. During this process, you can expect the following:

  • The borrower will sign the document in the presence of a notary public or witness.
  • The notary will verify the identity of the signers and ensure they understand the document.
  • Once verified, the notary will affix their seal and signature, completing the process.
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FAQ

When you have a mortgage transferred to Fannie Mae, your loan servicer doesn't change right away. Fannie Mae is among the largest purchasers of mortgages operating in what's known as the secondary housing market.

Freddie Mac only buys mortgages that meet its underwriting criteria, meaning that it considers you a good credit risk and your home a worthy investment. Freddie Mac and Fannie Mae sell securities -- bonds, essentially -- backed by the cash flows from millions of homeowners' mortgage payments.

When must a borrower receive notice of whether loan servicing can be assigned, sold, or transferred? Either at the time of application or within three business days of application.

When your lender transfers servicing, they hand over the management of your loan to a new mortgage or servicing company. For the borrower, all this means is a new institution will be collecting your payments, handling your escrow accounts, dealing with any insurance or tax matters, and answering your questions.

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Notice of Assignment, Sale, or Transfer of Servicing Rights, Mortgage Loans