District of Columbia Assignment of Commercial Leases as Collateral for Commercial Loan

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Multi-State
Control #:
US-1155BG
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Word; 
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Description

A lender may require that a borrower assign as collateral all of the all of rights, title and interest in and to a lease or leases regarding a commercial loan. This form assigns specific leases on the property which is security for the loan as well as a blanket assignment of all future leases. The Borrower/Owner retains the right to collect rents until a default in the Loan occurs. Upon default, the Lender has the right to collect the rent and apply it to the debt. The Assignment is obviously a collateral assignment as opposed to an absolute assignment.
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FAQ

A tenant with a lease is responsible for paying the rent up-to the end of the lease. Tenants who want to move out before the end of the lease, normally have the option to sublet or assign their unit, which means the new tenant will be responsible to pay rent for the remaining months of the lease.

What is a Collateral Assignment Of Lease? A collateral assignment of lease is a legal contract that transfers the rights to rental payments from the asset's owner to a lender to secure funding. In this contract, the lease's rentals are like a loan from the funder to the lessor and the lease acts as security.

Example of Collateral Assignment of Life Insurance You have a whole life insurance policy with a cash value of $65,000 and a death benefit of $300,000, which the bank accepts as collateral. So, you then designate the bank as the policy's assignee until you repay the $50,000 loan.

Collateral assignment concerns allocating a property's ownership privileges, or a specific interest, to a lender as loan collateral. The lender retains a security interest in the asset until the borrower entirely settles the loan.

To complete an assignment of a lease, the assignor and assignee must typically enter into a legal agreement known as a Deed of Assignment. This document outlines the terms of the transfer and ensures that all parties involved are aware of their rights and obligations.

A collateral assignment of life insurance is a method of securing a loan by using a life insurance policy as collateral. If you pass away before the loan is repaid, the lender can collect the outstanding loan balance from the death benefit of your life insurance policy.

By contrast, an assignment occurs when you transfer all your space to someone else (called an assignee) for the entire remaining term of the lease. As with a sublet, you are free to choose your assignee and determine the rent unless your lease says otherwise.

An assignment used in commercial real estate loan transactions in which the borrower grants the lender a present assignment of a property's leases and rents. This Standard Document is jurisdiction-neutral and must be customized to be recordable and enforceable in the governing jurisdiction.

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District of Columbia Assignment of Commercial Leases as Collateral for Commercial Loan