Can an assignment be e-signed?

Yes, where the transaction is interstate or covered by UETA and ESIGN (15 U.S.C. ch. 96), and state recording offices accept electronic documents; verify local recorder and any lender or investor contract requirements.

Who must sign the assignment?

The assignor or an authorized agent signs the assignment; if an entity signs, provide evidence of authority such as a corporate resolution or power of attorney to support validity.

Is notarization always required?

Notarization is required by most recording offices for deed-related acknowledgements; requirements vary by state and county, and some jurisdictions accept remote online notarization when authorized by statute.

What if the recorder rejects the filing?

Obtain the recorder's rejection reason, correct the defect (e.g., incomplete legal description, missing fee), and refile promptly; maintain documentation of the rejection and cure steps for title purposes.

How does an unrecorded assignment affect rights?

An unrecorded assignment may still be valid between parties, but it can fail to provide public notice and may lose priority to intervening liens or purchasers who record first.

How can recording mistakes be corrected?

Depending on jurisdiction, use a corrective assignment, affidavit of scrivener's error, or re-execution and re-recording; consult local recorder guidance and counsel for the required method.

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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 Is

An Assignment of Deed of Trust is a written instrument that transfers the beneficial interest, rights, and obligations held under an existing deed of trust from the original beneficiary (assignor) to a new beneficiary (assignee). It identifies the original deed, the parties, the property by legal description, and the effective date, and it is recorded in the county where the real property is located to preserve lien priority and public notice. Proper execution, notarization where required, and recording are essential to ensure enforceability and clear chain of title.

Why a Proper Assignment Matters

A correctly executed and recorded Assignment of Deed of Trust preserves lien priority, documents ownership or servicing transfers, reduces title disputes, and creates a public record for purchasers, lenders, and trustees.

Who Prepares and Receives These Assignments

Lenders, servicers, title companies, closing attorneys, and loan investors commonly prepare, review, or receive assignments of deed of trust.

Lenders and loan investors transfer ownership or servicing rights in mortgage portfolios.
Servicers and subservicers execute assignments when servicing rights move between entities.
Title companies review and record assignments to protect buyers and lenders in transactions.

Stepwise Completion and Recording Process

Use a consistent sequence to prepare, sign, notarize if required, and record the assignment so that chain-of-title and lien priority are preserved.

01

Prepare Document: Gather original deed reference, loan number, and party legal names.
02

Complete Fields: Enter assignor, assignee, trustee, property description, and effective date.
03

Sign & Notarize: Authorized signer executes before a notary if state or county requires.
04

Record: Submit to county recorder and obtain recording stamp and instrument number.

Typical Routing from Preparation to Recorded Delivery

This overview outlines common routing steps for execution, notarization, and distribution so stakeholders receive recorded copies and title evidence.

Upload Document: Prepare the assignment in PDF or editable format for signatures.
Assign Signers: Designate assignor signatory, assignee acknowledgement, and notary role when required.
Execute: Collect signatures; obtain notary acknowledgement or RON session if permitted.
Record & Distribute: Record with the county recorder and share stamped copies with title parties.

Recommended Online Workflow Settings

Configure eSignature workflows to collect necessary authentication, enable notarization options, and ensure recorded documents are returned to stakeholders automatically.

Field	Configuration
Authentication	Use email OTP or SMS code for signer verification.
Notary	Enable RON where allowed or require in-person notarization per state.
Field Validation	Require MM/DD/YYYY date format and full-state names for addresses.
Routing Order	Set sequential signing for assignor, notary, then assignee.

Technical and Security Requirements for eSigning and eRecording

Ensure the eSignature and eRecording platform supports strong authentication, an auditable trail, and recorder-acceptable file formats.

File Formats: PDF/A and standard PDF accepted by most recorders.
Integrations: Salesforce, NetSuite, Box, and eRecording connectors recommended.
Security: TLS and AES-256 encryption for transmission and storage.

Security and Compliance Considerations

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest

SOC 2 Type II: Independent controls and report available

HIPAA: BAA required for PHI workflows

ESIGN/UETA: Electronic signatures recognized for enforceability

21 CFR Part 11: Support for FDA-regulated signature needs

Access Controls: Role-based access and immutable audit trail

Frequent Preparation Errors to Avoid

Using an informal or unsigned assignment that is not recorded, which leaves the chain of title unresolved and may block foreclosure or sale actions.
Entering an incomplete or imprecise legal description that causes the county recorder to reject the filing or creates ambiguity in title searches.
Allowing an unauthorized person to sign for an entity; failing to attach a corporate resolution or power-of-attorney documentation can invalidate the assignment.
Delaying recording after execution, which can permit intervening liens or purchaser claims to take priority over the assignee's interest.

Consequences of an Incorrect or Missing Assignment

Recording Rejection: Recorder may reject defective documents

Title Defect: Clouds title and delays closings

Loss of Priority: Intervening liens may take precedence

Foreclosure Issues: Assignee may lack standing to foreclose

Contract Disputes: Claims for breach or rescission possible

Increased Costs: Additional legal and cure expenses

eSignature Pricing and Feature Snapshot

A concise comparison of typical starting prices and core capabilities to help evaluate platforms for executing Assignments of Deed of Trust.

	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 by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Best Practices for Accurate Assignments

Follow these practical steps to reduce recording delays, title issues, and downstream disputes when transferring deed of trust interests.

Verify Title and References

Confirm the original deed of trust instrument number, recording county, and parties' legal names against the recorder's index before preparing the assignment to avoid referencing the wrong instrument.

Use Exact Legal Descriptions

Copy the precise legal description from the recorded deed of trust; do not substitute mailing addresses. Inaccurate descriptions commonly cause recording rejections or ambiguous title searches.

Confirm Signatory Authority

Obtain and attach corporate resolutions, certified incumbency, or power-of-attorney documents when an agent signs on behalf of an entity to demonstrate authority for recorders and title insurers.

Record Promptly

Record the assignment promptly after execution to protect lien priority; late recording can permit intervening liens or purchasers to gain superior rights in some jurisdictions.

Frequently Asked Questions and Troubleshooting

Answers to common execution, recording, and enforceability questions to help resolve routine issues and reduce recording delays.

Need help? Contact support

Can an assignment be e-signed?
Yes, where the transaction is interstate or covered by UETA and ESIGN (15 U.S.C. ch. 96), and state recording offices accept electronic documents; verify local recorder and any lender or investor contract requirements.
Who must sign the assignment?
The assignor or an authorized agent signs the assignment; if an entity signs, provide evidence of authority such as a corporate resolution or power of attorney to support validity.
Is notarization always required?
Notarization is required by most recording offices for deed-related acknowledgements; requirements vary by state and county, and some jurisdictions accept remote online notarization when authorized by statute.
What if the recorder rejects the filing?
Obtain the recorder's rejection reason, correct the defect (e.g., incomplete legal description, missing fee), and refile promptly; maintain documentation of the rejection and cure steps for title purposes.
How does an unrecorded assignment affect rights?
An unrecorded assignment may still be valid between parties, but it can fail to provide public notice and may lose priority to intervening liens or purchasers who record first.
How can recording mistakes be corrected?
Depending on jurisdiction, use a corrective assignment, affidavit of scrivener's error, or re-execution and re-recording; consult local recorder guidance and counsel for the required method.

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