What is an Assignment?

An Assignment transfers the beneficial interest in a deed of trust from one party to another. It updates ownership of the loan and should reference the original deed of trust and recording details to link to the official record.

Electronic signatures are generally valid under ESIGN and UETA when intent, consent, attribution, and retention are documented. Check local recorder rules for acceptance of electronically executed assignments or e-recording requirements.

The assignor (current holder of the deed of trust) signs. The assignee rarely signs unless the instrument or state law requires countersignature; authorized signatories must be identified.

Is notarization required?

Many counties require a notary acknowledgement for deeds and assignments. Verify the recorder's requirements in the property county; some jurisdictions also require witness signatures.

What if recording is refused?

If a county refuses to record, determine the rejection reason, correct the document (for example, name or legal description), and re-submit. Keep copies of rejections and corrected submissions for audit trails.

How to correct errors?

Use a corrective assignment or reformation instrument drafted by counsel and re-record it. Small clerical issues may be fixable with an affidavit or re-execution but consult title counsel before filing.

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Assignment of Deed of Trust

Assignment of Deed of Trust

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What an Assignment of Deed of Trust Does

An Assignment of Deed of Trust is a written instrument that transfers the beneficial interest in an existing deed of trust from one party (the assignor) to another (the assignee). It documents transfer of the mortgage or note rights, identifies the property by legal description, and is typically recorded in the county land records to update the chain of title and notify third parties of the new holder.

Why an Assignment Matters and Its Legal Basis

Assignments formalize who holds the secured loan and clarify rights to enforce, collect, or foreclose. Proper documentation reduces title defects and supports accurate servicing records. Electronic execution is generally enforceable under ESIGN and UETA when intent, consent, attribution, and retention requirements are met.

Who Typically Prepares or Signs This Document

Lenders, loan servicers, investors, title companies, and closing attorneys most often prepare or receive assignments.

Lenders and servicers: Update servicing rights and record transfers to protect security interests.
Investors and purchasers: Establish ownership for loan portfolios or note sales.
Title companies and attorneys: Record and clear chain-of-title issues during closings.

Core Elements of a Professional Assignment of Deed of Trust

A complete assignment clearly identifies parties, describes the secured property, cites the original deed/note, states the effective date, and includes signatures plus any required acknowledgements or notarization.

Assignor / Assignee

Full legal names and capacities of the transferor and transferee, including entity type and contact information for recording and notices.

Property Description

Complete legal description of the real property as shown on the original deed; lot, block, subdivision, or metes and bounds to avoid ambiguity.

Original Instrument

Reference to original deed of trust or mortgage by recording date, book/page or instrument number, and county of record.

Effective Date

Clear statement of the date on which rights transfer, which affects enforcement and servicing responsibilities.

Signature Block

Authorized signature lines for assignor (and assignee if required), printed names, titles, and date of execution.

Notary / Acknowledgement

Notary acknowledgement or other authentication required by the recording jurisdiction, including any witness lines.

Required Data Fields at a Glance

Property: Full legal description

Assignor: Name and capacity

Assignee: Name and contact address

Orig. Instrument: Recording details

Effective Date: MM/DD/YYYY format

Authentication: Notary acknowledgement

Step-by-Step: Completing an Assignment of Deed of Trust

Follow these steps to prepare, execute, and record an assignment that updates the public record and protects the assignee's interest.

01

Prepare Document: Confirm original deed details and pull recorded instrument information.
02

Identify Parties: Enter exact legal names for assignor and assignee as on official records.
03

Complete Execution: Sign, date, and obtain required notary or witness acknowledgement.
04

Record & Distribute: File with county recorder; send copies to title, servicer, borrower.

Customizing an Online Workflow for Assignments

Configure a digital workflow that enforces required fields, signer order, and authentication to reduce errors and speed recording readiness.

Field	Configuration
Signing Order	Assignor signs first \| Assignee countersign when required
Authentication	Email + SMS code or stronger KBA for high-assurance transfers
Templates	Pre-populate recording references and legal descriptions
Integrations	Connect to title systems, NetSuite, Salesforce, Google Drive

Where to File, Send, and Track an Assignment

After execution, the assignment should be submitted for recording with the county recorder where the property is located and copies distributed to stakeholders.

Record at County: Submit original assignment and recording fee to county recorder's office.
Notify Title: Send recorded copy to title company to update chain of title.
Update Servicer: Provide servicing department with assignment and contact info.
Notify Borrower: Deliver notice of assignment per loan servicing rules.

Distribution Channels and Technical Requirements

Where local rules permit e-recording, a validated electronic copy plus required metadata speeds title updates and reduces manual handling.

File Formats: PDF or DOCX are widely accepted for review; county recorders require original signed paper for recording unless e-recording accepted.
Integrations: Works with CRM and storage systems such as Salesforce, NetSuite, Microsoft 365, Google Workspace.
Authentication: Use appropriate signer authentication and audit trails for legal defensibility.

Timing and Recording Expectations

There is no uniform federal recording deadline; however, timely recording is essential to protect the assignee's interest and provide public notice.

Record Promptly:

Record as soon as practicable; same-day or within 30 days is commonly recommended.

County Processing:

Recording turnaround varies by county from same day to several weeks.

E-recording:

Where available, e-recording shortens processing and indexing time.

Service to Parties:

Provide recorded copies to title, servicer, and borrower within days of recording.

Retention Start:

Retention begins on the execution date and continues per jurisdictional rules.

Common Preparation Mistakes to Avoid

Inaccurate legal description: small errors can defeat recording or cloud title, requiring corrective instruments.
Wrong party names: abbreviations or trade names instead of legal entity names cause rejection or delays.
Missing notary or witness language: counties commonly reject unacknowledged assignments, halting recordation.
Failing to reference original instrument: omission prevents linkage to the recorded deed of trust and complicates title searches.

Consequences of an Incorrect or Missing Assignment

Clouded Title: May impair resale or refinancing

Enforcement Risk: Assignee's right to foreclose may be disputed

Recording Rejection: County may refuse to index or record

Tax Issues: Incorrect reporting of ownership can trigger compliance reviews

Contract Breach: Servicing contracts may impose penalties

Fraud Exposure: Improper signatures risk invalidation and litigation

eSignature Vendor Pricing and Feature Comparison

Comparison of common eSignature features and starting prices. signNow is listed first per vendor ordering requirements.

	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	Yes, 7-day trial	No	No	No	No
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently Asked Questions

Answers to common questions about preparing, executing, and recording an Assignment of Deed of Trust.

Need help? Contact support

What is an Assignment?
An Assignment transfers the beneficial interest in a deed of trust from one party to another. It updates ownership of the loan and should reference the original deed of trust and recording details to link to the official record.
Can I e-sign it?
Electronic signatures are generally valid under ESIGN and UETA when intent, consent, attribution, and retention are documented. Check local recorder rules for acceptance of electronically executed assignments or e-recording requirements.
Who must sign?
The assignor (current holder of the deed of trust) signs. The assignee rarely signs unless the instrument or state law requires countersignature; authorized signatories must be identified.
Is notarization required?
Many counties require a notary acknowledgement for deeds and assignments. Verify the recorder's requirements in the property county; some jurisdictions also require witness signatures.
What if recording is refused?
If a county refuses to record, determine the rejection reason, correct the document (for example, name or legal description), and re-submit. Keep copies of rejections and corrected submissions for audit trails.
How to correct errors?
Use a corrective assignment or reformation instrument drafted by counsel and re-record it. Small clerical issues may be fixable with an affidavit or re-execution but consult title counsel before filing.

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