Establishing secure connection…Loading editor…Preparing document…

Assignment Deed of Trust

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

CALIFORNIA ASSIGNMENT OF DEED OF TRUST

Control Number: CA-121RE

© 2016 - U.S. Legal Forms, Inc.

I. TIPS ON COMPLETING THE FORMS

The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form “in blank” and complete with a typewriter or by hand.

It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the Forms toolbar that resembles a shaded letter “a”. Click this button and the form fields will be visible.

By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner.

II. BASIS OF EXEMPTION FROM TRANSFER TAX

The following is a list of real estate transactions that are exempt from the documentary transfer tax:

1. Conveyance Confirming Title in Grantee:

“This conveyance confirms title to the grantee(s) who continue to hold the same interest acquired on Date , Document No. wherein $ Documentary Transfer Tax was paid, R & T 11911.”

2. Conveyance in Dissolution of Marriage:

“This conveyance is in dissolution of marriage by one spouse to the other, R & T 11927.”

3. Conveyance to Secure a Debt:

“This conveyance is to secure a debt, R & T 11921.”

4. Reconveyance upon Satisfaction of a Debt:

“This is a reconveyance of realty upon satisfaction of a debt, R & T 11921.”

5. Conveyances transferring Interests into or out of a Living Trust:

“This conveyance transfers an interest into or out of a Living Trust, R & T 11930.”

6. Conveyance Changing Manner in Which Title is Held:

“This conveyance changes the manner in which title is held, grantor(s) and grantee(s) remain the same and continue to hold the same proportionate interest, R & T 11911.”

7. Court Ordered Conveyances Not Pursuant to Sale:

“This is a court-ordered conveyance or decree that is not pursuant to sale, R & T 11911.”

8. Conveyance Given for No Value:

“This is a bonafide gift and the grantor received nothing in return, R & T 11911.”

9. Conveyance to Establish Sole and Separate Property of a Spouse:

“This conveyance establishes sole and separate property of a spouse, R & T 11911.”

10. Conveyance to Confirm a Community Property Interest when property was purchased with Community Property Funds:

“This conveyance confirms a community property interest, which was purchased with Community Property Funds, R & T 11911.”

11. Conveyances to Confirm a Change of Name:

“This conveyance confirms a change of name, and the grantor and grantee are the same party, R & T 11911.”

12. Conveyances of an Easement or Oil and Gas Lease Where the Consideration and Value is Less Than $100.00:

“This is a conveyance of an easement (Oil and Gas Lease) and the consideration and value is less than $100.00, R & T 11911.”

13. Conveyances Where the Liens and Encumbrances Are Equal or More Than the Value of Property, and No Further Consideration is Given:

“The value of the property in this conveyance, exclusive of liens and encumbrances is $100.00 or less, and there is no additional consideration received by the grantor, R & T 11911.”

14. Conveyances from a Trustee Under a Land Contract at the Consummation of the Contract:

“This is a conveyance of equitable title from a trustee, under a land contract, to the vendee at the consummation of the contract, R & T 11911.”

15. Conveyance from Individual(s)/Legal Entity(ies) to Individual(s)/Legal Entity(ies) Where the Grantors and Grantees Are Comprised of the Same Parties, and Parties Continue to Hold the Same Proportionate Interest.

(Exception: Dissolution of a Partnership. R & T 11925[b]): “The grantors and the grantees in this conveyance are comprised of the same parties who continue to hold the same proportionate interest in the property, R & T 11925(d).”

NOTE: If the transfer qualifies for exemption under one of the above categories, this should be noted on the face of the deed in the space provided. For example:

☒ This transfer is exempt from the documentary transfer tax based on:

This conveyance is in dissolution of marriage by one spouse to the other, R & T 11927.

III. DISCLAIMER

These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the subject state. All information and Forms are subject to this Disclaimer:

All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem, we suggest that you consult an attorney in your state. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney.

THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U.S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ASSIGNMENT OF DEED OF TRUST

Recording requested by:

And, when recorded, mail this deed and tax statements to:

Name:

City, State & Zip:

Phone:

This transfer is exempt from the documentary transfer tax based on:

The documentary transfer tax is $

City Tax, if any: $

County Tax, if any: $

and is computed on:

the full value of the property conveyed.

the full value less the liens and encumbrances remaining thereon at the time of sale

The property is located in an unincorporated area the city of

Name and Address of Assignor:

Name and Address of Assignee:

FOR VALUE RECEIVED, the receipt and sufficiency of which is hereby acknowledged, the undersigned, , “Assignor”, whose address is above, does hereby grant, sell, assign, transfer and convey to , “Assignee,” whose address is above, all interest of the undersigned Assignor in and to the following described Deed of Trust:

Date of Deed of Trust:

Executed by (Mortgagor(s)):

Original Trustee:

Original Beneficiary:

Filed of Record: In Book , Page , Document/Instrument No. in the Office of County Recorder of County, California, on (date).

Property:

Given: to secure a certain Promissory Note in the amount of $ payable to Beneficiary.

Together with the note(s) and obligations therein described or referred to, the money due and to become due thereon, with interest, and all rights accrued or to accrue under said Deed of Trust.

TO HAVE AND TO HOLD the same unto Assignee and unto its successors and assigns forever, subject only to the terms and conditions of the above-described Deed of Trust and Promissory Note.

Assignor is the present holder of the above-described Deed of Trust.

IN WITNESS WHEREOF, this assignment was executed by the undersigned Assignor on this the day of , 20.

Type Name of Entity:

By:

Signature of authorized signatory

Its:

(Type capacity of signatory)

State of California

County of

On , 20 before me, (here insert name and title of the officer), personally appeared , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

Enter text✕

What an Assignment Deed of Trust Is and what it does

An Assignment Deed of Trust is a legal instrument that transfers the beneficial interest in a deed of trust from the current beneficiary (usually a lender or investor) to an assignee. It documents the assignment of rights to collect payments, enforce loan remedies, and receive proceeds from foreclosure or sale. The document identifies the trustor, trustee, original beneficiary, assignee, legal description of the secured property, and the effective date of assignment. Parties typically record the assignment in the county land records to preserve priority and notice to third parties.

Why a clear, recorded assignment matters

Use an Assignment Deed of Trust to document and transfer the beneficial interest in secured loans, protect priority against subsequent claimants, and create a public record of the assignment. Proper execution reduces disputes over enforcement rights and payment collection.

Why a clear, recorded assignment matters

Who typically prepares and relies on assignments

Common users include lenders, servicers, investors, and title professionals who manage loan transfers and secured interests.

  • Lenders and loan buyers: document assignment to transfer servicing and collection rights.
  • Loan servicers and trustees: record and manage transfers to maintain accurate payment accounting.
  • Title companies and county recorders: verify recorded assignments for title searches and lien priority.

Recording and proper signatures help downstream parties promptly confirm chain of title and enforcement authority.

Step-by-step: complete and record an assignment correctly

Follow these steps to complete and record an Assignment Deed of Trust accurately without gaps in chain of title.

  • 01
    Prepare Assignment: Complete form with all parties and legal description.
  • 02
    Obtain Authority: Provide corporate resolution or assignment power proof.
  • 03
    Sign and Notarize: Authorized signatories sign before a notary if required.
  • 04
    Record Document: File with county recorder and obtain instrument number.

Key parts of a professional Assignment Deed of Trust

Essential elements of a professional Assignment Deed of Trust make assignments clear, enforceable, and searchable in public records and ensure successor rights.

Parties

Identify trustor (borrower), trustee, original beneficiary, and the assignee by full legal name and capacity; include contact and mailing addresses to support service and notice requirements.

Property

Provide a complete legal description of the secured property, including parcel number and recording reference to the original deed of trust, so counties can index and link records.

Assignment Terms

State consideration, whether paid or nominal, the effective date of assignment, any retained rights, and explicit language transferring beneficial interest and remedies under the deed.

Signatures

Require authorized signature blocks for assigning beneficiary and acceptance line for assignee; include printed names, titles, and dated execution to support authenticity in disputes and notarization where required.

Recording

Describe recording instructions: county recorder name, book and page or instrument number of assignment, and authorizing resolutions or proof of authority if assignment is by entity.

Notices

Supply notice addresses and methods for service; include agent for service if applicable, which affects how and where breach or default notices are delivered.

How assignment filing works from signing to indexing

Assignment filing workflow from execution to county indexing and notice to relevant parties, including mortgage servicers.

  • Execution: Assignor signs; assignee accepts in writing.
  • Notarization: Notary acknowledgement executed if state requires.
  • Submission: Deliver to county recorder with required copies and fees.
  • Notice: Send recorded assignment to servicer and parties.

Digital workflow settings for assignments

Configure a digital workflow for secure signing, optional notarization, and recording-ready output with role-based routing and audit capture.

Field Configuration
Signer Authentication Email + SMS code or ID verification
Notary Option Enable RON or in-person acknowledgement
Document Format PDF/A with embedded fields for recording
Auto-Notice Send recorded copy to listed parties

Platform capabilities to support assignment execution

Use eSignature platforms that support secure signing, detailed audit trails, optional RON notarization, and PDF outputs formatted for county recording.

  • Integrations: Salesforce, NetSuite, Google Workspace supported
  • Formats: PDF, DOCX, XML compatible outputs
  • Security: TLS, AES-256, role-based access

Penalties and risks from incorrect or incomplete assignments

Loss of Priority: Unrecorded assignment risks junior lien claims.
Invalid Assignment: Missing authority may render transfer void.
Tax Consequences: Transfer may trigger reporting obligations.
Foreclosure Delays: Disputes can delay remedy enforcement.
Recording Rejection: Incomplete forms may be rejected.
Notary Noncompliance: Improper notary invalidates recording.

Common preparation mistakes to avoid

  • Omitting the full legal property description often causes recorder rejection or mis-indexing and can leave the assignee without public notice, risking lien priority disputes.
  • Using informal or handwritten signature images without notarization where required may not prove authority in court and can be rejected by county recorders.
  • Failing to verify corporate authority before assignment—such as missing board resolutions—can invalidate transfers and produce costly litigation over who has power to assign.
  • Not recording promptly after execution creates a gap where subsequent liens or purchasers may obtain priority, increasing risk to the assignee's remedies.

Security and compliance considerations for electronic assignment workflows

Encryption: TLS 1.2/1.3 in transit and AES-256 at rest
Audit Trail: Detailed timestamp, IP, and action log
HIPAA: BAA required for PHI workflows
ESIGN/UETA: Recognized legal framework for e-signatures
Access Controls: Role-based permissions and 2FA options
Data Residency: GDPR and EU-U.S. Data Privacy Framework

Comparing signNow and other eSignature vendors for assignments

Compare core pricing and feature differences among common eSignature providers relevant to Assignment Deed of Trust workflows.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varied Varied Varied

FAQs: execution, notarization, recording, and e-signing

Common questions about executing, notarizing, recording, and electronically signing Assignment Deeds of Trust are answered below.


Need help? Contact support

be ready to get more
Join over 28 million airSlate SignNow users