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Notice of Assignment

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Notice of Assignment, Sale, or Transfer of
Servicing Rights, Mortgage Loans

You are hereby notified that the servicing of your mortgage loan, that is, the right to collect payments from you, is being assigned, sold, or transferred from to effective 20

The assignment, sale or transfer of the servicing of the mortgage loan does not affect any term or condition of the mortgage instruments, other than terms directly related to the servicing of your loan.

Except in limited circumstances, the law requires that your lender send you this notice at least 15 days before the effective date of transfer, or at closing. Your new servicer must also send you this notice no later than 15 days after this effective date or at closing. In this case, all necessary information is combined in one notice.

Your lender is:

If you have any questions relating to the transfer of servicing from your lender call
between a.m. and p.m., Monday through Friday. This is a

Your new servicer and its business address are:

The toll free number of your servicer is 1-800-

If you have any questions relating to the transfer of servicing to your new servicer call:
Department: Customer Service
Phone:
between A.M. and P.M. Monday through Friday.

The date that your new servicer will start accepting payments from you is:

Send all payments due on or after that date to your new servicer.

You should also be aware of the following information, which is set out in more detail in Section 6 of the Real Estate Settlement Procedure Act (RESPA) (12 U.S.C. § 2605):

During the 60-day period following the effective date of the transfer of the loan servicing, a loan payment received by your old servicer before its due date may not be treated by the new servicer as late, and a late fee may not be imposed on you.

Section 6 of RESPA (12 U.S.C. § 2605) gives you certain consumer rights. If you send a "qualified written request" to your loan servicer concerning the servicing of your loan, your servicer must provide you with a written acknowledgment within 20 Business days of receipt of your request. A "qualified written request" is a written correspondence, other than a notice on a payment coupon or other payment medium supplied by the servicer, which includes you name and account number, and the reasons for request. If you want to send a "qualified written request" regarding the servicing of your loan, it must be sent to this address:

Not later than 60 Business days after receiving your request, your servicer must make any appropriate corrections to your account, or must provide you with a written clarification regarding any dispute. During this 60-Business day period, your servicer may not provide information to a consumer reporting agency concerning overdue payment related to such period or qualified written request. However, this does not prevent the servicer from initiating foreclosure if proper grounds exist under the mortgage documents.

A Business day is any day in which the office of the business entity are open to the public for carrying on substantially all of its business functions.

Section 6 of RESPA also provides for damages and costs for individuals or classes of individuals in circumstances where servicers are shown to have violated the requirements of that Section. You should seek legal advice if you believe your rights have been violated.

I/we acknowledge receipt of a copy of this notice.

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What a Notice of Assignment Is and when it’s used

A Notice of Assignment is a written communication that formally notifies a counterparty, debtor, or third party that rights or receivables under an agreement have been transferred from one party (the assignor) to another (the assignee). Typical uses include assignment of contracts, accounts receivable, mortgage or lease assignments, and license or royalty transfers. The notice identifies the assigned rights, the effective date, contact information for the assignee, and any instructions for future payments or performance to ensure obligations are routed to the correct party.

Why a clear Notice of Assignment matters

A professionally prepared notice reduces payment errors, prevents disputes about who may enforce contract rights, and creates an audit trail that supports enforcement and compliance with contract and statutory requirements.

Why a clear Notice of Assignment matters

Who commonly issues or receives a Notice of Assignment

Recipients include debtors, contract counterparties, escrow agents, and any party required to perform or remit payments after assignment.

  • Lenders and creditors — Banks, specialty lenders, and factoring companies notifying debtors of assignment and payment routing changes.
  • Corporate finance teams — Accounts receivable departments transferring invoices or collections to a third-party servicer.
  • Legal counsel and trustees — Lawyers or trustees documenting assignment to protect rights and preserve chain of title.

Essential elements to include in a professional Notice of Assignment

A complete notice is concise but specific: it identifies the original contract, the rights assigned, the effective date, assignee contact details, and guidance on where and how to remit future payments or notices.

Assignment ID

Reference the original agreement by title and date, and include any contract or invoice numbers so recipients can match the notice to existing obligations.

Assigned Rights

Describe exactly what was assigned — e.g., all rights to payments, specific invoices, or future royalties — and state any exceptions or retained rights.

Effective Date

State the assignment's effective date (MM/DD/YYYY) and whether the assignment is prospective, retroactive, or conditional on a triggering event.

Assignee Details

Provide the assignee's legal name, mailing address, remittance instructions, contact name, phone number, and email for payment or notice delivery.

Payment Instructions

Specify new payment routing, bank details if applicable, and whether earlier payments must be re-routed or are considered settled.

Signature Block

Include a signature block for the assignor and, where customary, a countersignature or acknowledgement from the assignee with dates.

Required information often found on the form

Assignor Name: Full legal name
Assignee Name: Full legal name
Original Agreement: Title and date
Effective Date: MM/DD/YYYY
Remittance Details: Bank or address
Signature: Name and date

Step-by-step: preparing and sending a Notice of Assignment

Complete and deliver the notice in the correct order to create a clear record and minimize disputes.

  • 01
    Prepare draft: Populate fields using exact legal names and the original agreement reference.
  • 02
    Obtain authority: Have authorized signatory sign and date the document.
  • 03
    Deliver notice: Send to the debtor and relevant counterparties using tracked methods.
  • 04
    Confirm receipt: Document delivery and retain proof of receipt for the file.

Configuring an online workflow for Notices of Assignment

Typical digital workflows add fields, set signer roles, and automate delivery to streamline notices and maintain an audit trail.

Field Configuration
Signature field Assigned to authorized signer; required
Effective date field Date picker MM/DD/YYYY
Assignee contact block Required text fields for name and remittance
Delivery action Email + tracked download link

Where to send the notice and who should receive it

Deliver notices to the parties who must act on the assignment and preserve proof of delivery for enforcement and audit purposes.

  • Debtor / Payer: Primary recipient for payment routing changes.
  • Contract Counterparty: Notify other contractual parties if required.
  • Escrow or Agent: Send to any escrow agent or servicer managing funds.
  • Internal Records: Store a copy in legal and finance files.

Digital delivery and eSignature considerations

Ensure the platform aligns with legal requirements (ESIGN/UETA) and any industry-specific rules (for example, HIPAA workflows require a BAA).

  • File formats: PDF or DOCX preferred
  • Authentication: Email, SMS, or advanced methods
  • Audit trail: IP, timestamp, event log

Typical timing and processing expectations

Timeliness reduces disputes; follow contractual notice periods and act promptly to preserve priority or lien rights where relevant.

Contract notice period:

Follow any deadline specified in the contract.

Immediate notification:

Deliver notice to debtor as soon as assignment is executed.

Recording timeframe:

Record assignments affecting real property per local rules.

Respond to disputes:

Acknowledge and respond within 30 days where practical.

Retain proof:

Keep delivery receipts and signed copies indefinitely as evidence.

Common mistakes to avoid when preparing a notice

  • Using informal or abbreviated entity names that do not match formation documents, causing payers to question the notice or apply backup withholding.
  • Failing to include clear remittance instructions so payments continue to be sent to the old recipient, creating collection disputes.
  • Not obtaining and documenting signatory authority, which can lead to challenges that the assignment is invalid or unauthorized.
  • Delivering notices by unsecured or untraceable methods and then lacking proof of receipt in disputes or audits.

Consequences of an incorrect or missing notice

Payment delays: Lost revenue
Disputes: Counterparty challenges
Liability: Potential indemnity claims
Regulatory risk: Sector-specific penalties
Backup withholding: 24% tax risk
Enforcement issues: Weakened collection rights

Real-world examples showing how notices are used

These examples illustrate practical scenarios where a Notice of Assignment clarifies payment routing and enforces transferred rights.

Optica Ventures LLC

Optica sold receivables to a factor to improve cash flow

  • The notice cited invoice numbers and effective date
  • The assignee received payments directly, reducing collection overhead and improving cash visibility for the seller.

Martin Properties

Martin Properties assigned lease income streams to a lender as collateral

  • The notice included recorded assignment language and mortgage reference
  • Clear notice helped avoid duplicate payment issues during property transfers and refinancing.

Frequently asked questions about Notices of Assignment

Answers to common questions on validity, signatures, notarization, and dispute handling when issuing or receiving a Notice of Assignment.


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