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(MERS)discharges the mortgage and removes its lien on the property. Because your title search revealed that MERS possessed the only outstanding interest against the property, you are satisfied that the title is free from adverse claims. Accordingly, you close the deal. Six months pass.
An "assignment" is the document that is the legal record of this transfer from one mortgagee to another. In a typical transaction, when the mortgagee sells the debt to another bank, an assignment is recorded, and the promissory note is endorsed (signed over) to the new bank.
In a mortgage assignment, your original lender or servicer transfers your mortgage account to another loan servicer. When this occurs, the original mortgagee or lender's interests go to the next lender. Even if your mortgage gets transferred or assigned, your mortgage's terms should remain the same.
Once the rights under the Loan Agreement are assigned in favour of the petitioner, the rights under the Arbitration Agreement, being only in nature of remedy for enforcement of such rights, are equally assignable and have been duly assigned in favour of the petitioner in the present case by way of the Assignment
Assignment of Mortgage The Basics. 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.
Mortgage: Federal law requires lenders to allow family members to assume a mortgage if they inherit a property. However, there is no requirement that an inheritor must keep the mortgage. They can pay off the debt, refinance or sell the property.
(MERS) is a wholly-owned subsidiary of MERSCORP Holdings, and its sole purpose is to serve as mortgagee in the land records for loans registered on the MERS® System. MERS is a nominee for the lender and subsequent buyers (beneficial owners) of a mortgage loan and serves as a common agent for the mortgage industry.
The burden of a contract can never be assigned without the consent of the other party to the contract in which event such consent will give rise to a novation."
If MERS was not named as the original mortgagee on the security instrument at the time of closing, you can assign the mortgage to MERS after closing.
Contracts for personal services are exempted from assignment because in such contracts, an obligor undertakes to serve only the original obligee. However, money due under a personal service contract can be assigned.