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Mortgage Assignment Request Form

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MORTGAGE ASSIGNMENT REQUEST FORM

Request Date:   Request Number:

Parties

WHEREAS

WHEREAS, Assignor is the current holder of a mortgage and related note encumbering the property described below and identified by Loan Number: ; and

WHEREAS, Assignor desires to assign and transfer, and Assignee desires to acquire, all right, title and interest in and to the mortgage and note subject to the terms and conditions set forth in this Mortgage Assignment Request Agreement; and

WHEREAS, the parties seek to document the request for assignment, establish payment terms for any assignment consideration, and authorize recording and related administrative actions.

Property and Loan Details

Scope of Assignment Request

Describe the scope of the requested assignment, including whether the request seeks full transfer of all rights, a partial assignment, substitution of mortgagee, or correction of recorded instruments. Include any special instructions regarding recording, lien priorities, or related documents.

Assignment Details and Consideration

Assignment Type:

Effective Date of Assignment:   Requested Recording County:

Payment Terms

In consideration for administrative services and recordation costs associated with this assignment, Assignee shall pay Assignor or Assignor shall pay Assignee as described below. All payments shall be made in U.S. dollars and are non-refundable unless otherwise stated.

Term and Termination

This Agreement shall commence on the Start Date and shall remain in effect until the assignment is fully executed and recorded, or until terminated in accordance with this section.

Start Date:   End Date:

Termination for Cause: Either party may terminate this Agreement upon material breach by the other party if the breaching party fails to cure such breach within the notice period specified above. Termination shall not relieve the breaching party of liability for breaches occurring prior to termination.

Confidentiality

Each party agrees that all non-public information disclosed in connection with this assignment request, including loan file contents, borrower personal information, and proprietary servicing data, shall be held in confidence and used solely for the purpose of effecting the assignment and related recordation. Confidential information shall not be disclosed except as required by law or as necessary to complete the assignment, in which case the disclosing party shall provide notice where permitted.

Representations, Warranties and Authority

Assignor represents and warrants that: (a) Assignor is the lawful owner of the note and mortgage described herein or is otherwise authorized to assign; (b) the mortgage is free of undisclosed encumbrances other than those disclosed in this form; and (c) Assignor has full corporate or individual authority to execute and deliver the assignment instrument requested.

Assignee represents that it has the intent and financial capacity to accept assignment and to comply with applicable servicing or collection obligations following assignment.

Recording and Administrative Instructions

Assignor hereby requests that the appropriate assignment instrument be prepared and recorded in the county recorder's office designated above. Parties agree that any instrument prepared for recording shall be substantially in the form customarily used in the recording jurisdiction and consistent with the representations made herein.

Required Attachments (check all that apply):

Governing Law; Entire Agreement

This Agreement shall be governed by and construed in accordance with the laws of the state where the Property is located, without regard to conflict of law principles. This document, together with any attachments and executed assignment instrument, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior agreements and understandings, whether written or oral.

Indemnification and Limitation of Liability

Each party agrees to indemnify and hold harmless the other party from and against any claims, liabilities, losses or expenses arising from a breach of the representations, warranties or covenants made in this Agreement, except to the extent caused by the indemnified party's own gross negligence or willful misconduct. Neither party shall be liable for incidental, consequential or punitive damages except where prohibited by law.

Certification

The undersigned certifies under penalty of perjury that the information provided in this Mortgage Assignment Request Form is true and correct to the best of their knowledge, that they are duly authorized to submit this request on behalf of the named party, and that they will supply any additional documentation reasonably required to effect the assignment.

Assignor (Printed Name):

By:

Date:

Assignee (Printed Name):

By:

Date:

Enter text✕

What the Mortgage Assignment Request Form Is and When it’s Used

A Mortgage Assignment Request Form is a formal written request used to transfer, assign, or record the assignment of a mortgage lien from one party to another. Typical uses include transfers between lenders, servicing transfers, payoff-and-assignment instructions after sale, or to correct chain-of-title issues. The form collects identifying information about the original mortgage, the assignor and assignee, property details, recording instructions, and notarization elements to support recording in county land records and downstream servicing updates.

Why a Clear Request Form Matters

A complete Mortgage Assignment Request Form reduces recording delays, minimizes title defects, and provides a documented audit trail for servicers, title companies, and county recorders.

Why a Clear Request Form Matters

Who Typically Prepares and Receives This Form

Multiple parties can prepare or receive an assignment request depending on the transaction: servicers, originators, investors, title agents, and closing attorneys.

  • Loan servicers and banks that handle loan transfers and servicing rights.
  • Title companies and closing agents verifying chain-of-title and recording needs.
  • Buyers, investors, and legal counsel overseeing loan sales or portfolio transfers.

Correct routing and clear role assignment reduce rejections at the recorder's office and avoid downstream disputes.

Core Sections Every Professional Form Should Include

A professional Mortgage Assignment Request Form groups information logically: identifying parties, mortgage details, assignment recital, consideration, signature and notary blocks, and recording instructions to ensure county acceptance and downstream processing.

Parties

Full legal names and business entities for assignor and assignee; include taxpayer identification or entity type when relevant for investor reporting.

Mortgage Details

Lender name, original lender file number, loan number, recording book/page or instrument number, and recording county to precisely locate the prior mortgage.

Assignment Recital

Plain-language statement transferring the mortgage lien, effective date of assignment, and reference to the original mortgage instrument.

Consideration

If applicable, state the consideration paid or that the assignment is for servicing only; use specific dollar amounts or standardized language to avoid ambiguity.

Execution

Signature blocks for authorized signatories plus notary acknowledgement and any witness lines required by the recording jurisdiction.

Recording Instructions

Specify county recorder address, required copies, marginal reference language, and any special indexing requests to ensure correct public record placement.

Step-by-Step: How to Complete a Mortgage Assignment Request Form

Follow these steps in sequence to prepare a complete request ready for signing and recording.

  • 01
    1. Gather documents: Collect original mortgage reference and title commitment if available.
  • 02
    2. Populate form: Enter assignor, assignee, loan numbers, and property details accurately.
  • 03
    3. Execute and notarize: Obtain required signatures, notarization, and witness signatures if applicable.
  • 04
    4. Submit for recording: Send to the county recorder and notify title/servicer with proof of recording.

Typical Submission and Recording Flow

This flow outlines the usual path from form completion to public recording and stakeholder notification.

  • Prepare Request: Fill form and attach supporting mortgage documents.
  • Authorize Signature: Get signatory approval and required corporate authorization if applicable.
  • Notarize: Complete notary acknowledgement or execute in front of required witnesses.
  • Record & Notify: Record at county office and send recorded evidence to interested parties.

Online Workflow Settings to Streamline Processing

When automating this form, configure fields and routing to match your internal approval and recording requirements.

Field Configuration
Signature Fields Require signer name, date, and notary block fields
Routing Order Set sequential approval from assignor to assignee to title agent
Authentication Use email verification or SMS code for signer identity
Retention Save final PDF/A with audit trail and timestamps

Technical Considerations for eSubmission and eSigning

Confirm your eSignature provider supports required authentication, PDF/A export, and audit trails before e-submitting assignment forms.

  • Authentication: Email, SMS code, or stronger methods
  • File Formats: PDF, DOCX, and PDF/A export
  • Integrations: Salesforce, NetSuite, Microsoft 365

Timing and Recommended Deadlines

Timely recording and internal notifications help avoid title defects and disputes; follow local recording priorities and investor timelines.

Record Promptly:

Record assignment as soon as possible to preserve priority and avoid competing liens.

Servicer Notification:

Notify loan servicer within 5–10 business days after recording.

Title Update:

Provide recorded instrument to title insurer within 30 days for policy updates.

Investor Reporting:

Complete investor transfer documentation per pooling and servicing agreement timelines.

Retention Reminder:

Archive recorded copies and audit trail per retention policy immediately after receipt.

Key Processing Milestones

Track these numbered milestones to ensure each stage of the assignment is completed and documented.

01

Stage 1: Preparation

Collect mortgage reference and prepare form for signature.

02

Stage 2: Execution

Obtain signatures and notary/witness services as required.

03

Stage 3: Recording

Submit to county recorder and obtain instrument number.

04

Stage 4: Post-Recording

Distribute recorded copy to title, servicer, and investor.

Common Pitfalls to Avoid

  • Omitting the original mortgage recording reference often leads to misindexing and recorder requests for clarification.
  • Using inconsistent entity names between original mortgage and assignment can trigger rejections or require corrective affidavits.
  • Failing to notarize or include required witnesses per local rules causes recording delays and potential invalidation.
  • Sending the wrong number of copies or incorrect recording fees to the county causes processing hold-ups.

Risks and Legal Consequences of an Incorrect Form

Recording Rejection: Recorder returns defective instruments, delaying public recordation.
Title Defect: Unrecorded or incorrect assignments create cloud on title.
Servicer Dispute: Incorrect assignment can cause servicing payment allocation errors.
Tax Reporting: Incorrect payee data may trigger IRS penalties under IRC §6721.
Notary Violations: Improper notarization risks invalidation and local penalties.
Fraud Exposure: Poor controls increase risk of unauthorized transfers and litigation.

Electronic Submission vs Paper Recording: Key Differences

Compare essential attributes when choosing electronic routing and eRecording versus traditional paper workflows.

Criteria Electronic Submission Paper Recordation
Notarization remote allowed (varies) in-person typically required
Recording Speed same-day to days days to weeks
Audit Trail built-in timestamps manual chain-of-custody
Cost lower distribution cost higher printing/postage cost

Typical eSignature Pricing and Capability Comparison

Basic feature and pricing comparison across common eSignature vendors. signNow appears first per platform ordering rules.

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 Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes (Business Premium) Yes Yes Yes Yes
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Real-World Examples of Assignment Workflows

These brief examples illustrate typical outcomes when forms are used correctly in practice.

Martin Properties (Tim Martin)

Martin Properties streamlined portfolio transfers with standardized assignment forms and electronic notarization.

  • The change cut processing steps.
  • As a result they processed assignments online with consistent security and a clear audit trail, reducing title follow-ups and accelerating investor reporting timelines.

Tech Data (Bob Dutkowsky)

Tech Data integrated assignment requests into its closing workflow and used centralized templates.

  • This reduced errors during bulk transfers.
  • The result was simpler internal review, fewer county rejections, and faster delivery of recorded instruments to counterparties and servicers.

Frequently Asked Questions About Mortgage Assignment Request Forms

Answers to common questions about completing, signing, notarizing, and recording assignment requests, with practical next steps.


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