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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.
Hear this out loud PauseA grant deed is a transaction between two people or entities without securing the property as collateral. A deed of trust is used by mortgage companies when a homeowner takes out a loan against the property.
An assignment of mortgage is a legal term that refers to the transfer of the security instrument that underlies your mortgage loan ? aka your home. When a lender sells the mortgage on, an investor effectively buys the note, and the mortgage is assigned to them at this time.
Hear this out loud PauseIn real estate law, "assignment" is simply the transfer of a deed of trust from one party to another. This usually happens when the beneficiary of a trust deed sells their loan to another lender.
Hear this out loud PauseA deed of trust is a commonly used mortgage document in California. Essentially, a deed of trust provides a lender with security for the repayment of the loan and effectively functions similarly to a mortgage.
The assignment transfers the original lender's interest under the mortgage to the new bank. Mortgage Electronic Registration System, Inc. (MERS) is a company the banking industry created to simplify this process. MERS maintains a database that tracks mortgages for its members as they're transferred from bank to bank.
By Practical Law Real Estate. Maintained ? California. An assignment of an existing lender's beneficial interest under a California deed of trust to a new lender.
Hear this out loud PauseA deed of trust, also called a trust deed, is the functional equivalent of a mortgage. It does not transfer the ownership of real property, as the typical deed does. Like a mortgage, a trust deed makes a piece of real property security (collateral) for a loan.