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Understanding the Assignment of Mortgages: What You Need To Know

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A mortgage is a legally binding agreement between a home buyer and a lender that dictates a borrower's ability to pay off a loan. Every mortgage has an interest rate, a term length, and specific fees attached to it.

Attorney Todd Carney

Written by Attorney Todd Carney .  Updated November 26, 2021

If you’re like most people who want to purchase a home, you’ll start by going to a bank or other lender to get a mortgage loan. Though you can choose your lender, after the mortgage loan is processed, your mortgage may be transferred to a different mortgage servicer . A transfer is also called an assignment of the mortgage. 

No matter what it’s called, this change of hands may also change who you’re supposed to make your house payments to and how the foreclosure process works if you default on your loan. That’s why if you’re a homeowner, it’s important to know how this process works. This article will provide an in-depth look at what an assignment of a mortgage entails and what impact it can have on homeownership.

Assignment of Mortgage – The Basics

When your original lender transfers your mortgage account and their interests in it to a new lender, that’s called an assignment of mortgage. To do this, your lender must use an assignment of mortgage document. This document ensures the loan is legally transferred to the new owner. It’s common for mortgage lenders to sell the mortgages to other lenders. Most lenders assign the mortgages they originate to other lenders or mortgage buyers.

Home Loan Documents

When you get a loan for a home or real estate, there will usually be two mortgage documents. The first is a mortgage or, less commonly, a deed of trust . The other is a promissory note. The mortgage or deed of trust will state that the mortgaged property provides the security interest for the loan. This basically means that your home is serving as collateral for the loan. It also gives the loan servicer the right to foreclose if you don’t make your monthly payments. The promissory note provides proof of the debt and your promise to pay it.

When a lender assigns your mortgage, your interests as the mortgagor are given to another mortgagee or servicer. Mortgages and deeds of trust are usually recorded in the county recorder’s office. This office also keeps a record of any transfers. When a mortgage is transferred so is the promissory note. The note will be endorsed or signed over to the loan’s new owner. In some situations, a note will be endorsed in blank, which turns it into a bearer instrument. This means whoever holds the note is the presumed owner.

Using MERS To Track Transfers

Banks have collectively established the Mortgage Electronic Registration System , Inc. (MERS), which keeps track of who owns which loans. With MERS, lenders are no longer required to do a separate assignment every time a loan is transferred. That’s because MERS keeps track of the transfers. It’s crucial for MERS to maintain a record of assignments and endorsements because these land records can tell who actually owns the debt and has a legal right to start the foreclosure process.

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Assignment of Mortgage Requirements and Effects

The assignment of mortgage needs to include the following:

The original information regarding the mortgage. Alternatively, it can include the county recorder office’s identification numbers. 

The borrower’s name.

The mortgage loan’s original amount.

The date of the mortgage and when it was recorded.

Usually, there will also need to be a legal description of the real property the mortgage secures, but this is determined by state law and differs by state.

Notice Requirements

The original lender doesn’t need to provide notice to or get permission from the homeowner prior to assigning the mortgage. But the new lender (sometimes called the assignee) has to send the homeowner some form of notice of the loan assignment. The document will typically provide a disclaimer about who the new lender is, the lender’s contact information, and information about how to make your mortgage payment. You should make sure you have this information so you can avoid foreclosure.

Mortgage Terms

When an assignment occurs your loan is transferred, but the initial terms of your mortgage will stay the same. This means you’ll have the same interest rate, overall loan amount, monthly payment, and payment due date. If there are changes or adjustments to the escrow account, the new lender must do them under the terms of the original escrow agreement. The new lender can make some changes if you request them and the lender approves. For example, you may request your new lender to provide more payment methods.

Taxes and Insurance

If you have an escrow account and your mortgage is transferred, you may be worried about making sure your property taxes and homeowners insurance get paid. Though you can always verify the information, the original loan servicer is responsible for giving your local tax authority the new loan servicer’s address for tax billing purposes. The original lender is required to do this after the assignment is recorded. The servicer will also reach out to your property insurance company for this reason.  

If you’ve received notice that your mortgage loan has been assigned, it’s a good idea to reach out to your loan servicer and verify this information. Verifying that all your mortgage information is correct, that you know who to contact if you have questions about your mortgage, and that you know how to make payments to the new servicer will help you avoid being scammed or making payments incorrectly.

Let's Summarize…

In a mortgage assignment, your original lender or servicer transfers your mortgage account to another loan servicer. When this occurs, the original mortgagee or lender’s interests go to the next lender. Even if your mortgage gets transferred or assigned, your mortgage’s terms should remain the same. Your interest rate, loan amount, monthly payment, and payment schedule shouldn’t change. 

Your original lender isn’t required to notify you or get your permission prior to assigning your mortgage. But you should receive correspondence from the new lender after the assignment. It’s important to verify any change in assignment with your original loan servicer before you make your next mortgage payment, so you don’t fall victim to a scam.

Attorney Todd Carney

Attorney Todd Carney is a writer and graduate of Harvard Law School. While in law school, Todd worked in a clinic that helped pro-bono clients file for bankruptcy. Todd also studied several aspects of how the law impacts consumers. Todd has written over 40 articles for sites such... read more about Attorney Todd Carney

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Mortgage Assignment Laws and Definition

(This may not be the same place you live)

  What is a Mortgage Assignment?

A mortgage is a legal agreement. Under this agreement, a bank or other lending institution provides a loan to an individual seeking to finance a home purchase. The lender is referred to as a creditor. The person who finances the home owes money to the bank, and is referred to as the debtor.

To make money, the bank charges interest on the loan. To ensure the debtor pays the loan, the bank takes a security interest in what the loan is financing — the home itself. If the buyer fails to pay the loan, the bank can take the property through a foreclosure proceeding.

There are two main documents involved in a mortgage agreement. The document setting the financial terms and conditions of repayment is known as the mortgage note. The bank is the owner of the note. The note is secured by the mortgage. This means if the debtor does not make payment on the note, the bank may foreclose on the home. 

The document describing the mortgaged property is called the mortgage agreement. In the mortgage agreement, the debtor agrees to make payments under the note, and agrees that if payment is not made, the bank may institute foreclosure proceedings and take the home as collateral .

An assignment of a mortgage refers to an assignment of the note and assignment of the mortgage agreement. Both the note and the mortgage can be assigned. To assign the note and mortgage is to transfer ownership of the note and mortgage. Once the note is assigned, the person to whom it is assigned, the assignee, can collect payment under the note. 

Assignment of the mortgage agreement occurs when the mortgagee (the bank or lender) transfers its rights under the agreement to another party. That party is referred to as the assignee, and receives the right to enforce the agreement’s terms against the assignor, or debtor (also called the “mortgagor”). 

What are the Requirements for Executing a Mortgage Assignment?

What are some of the benefits and drawbacks of mortgage assignments, are there any defenses to mortgage assignments, do i need to hire an attorney for help with a mortgage assignment.

For a mortgage to be validly assigned, the assignment document (the document formally assigning ownership from one person to another) must contain:

  • The current assignor name.
  • The name of the assignee.
  • The current borrower or borrowers’ names. 
  • A description of the mortgage, including date of execution of the mortgage agreement, the amount of the loan that remains, and a reference to where the mortgage was initially recorded. A mortgage is recorded in the office of a county clerk, in an index, typically bearing a volume or page number. The reference to where the mortgage was recorded should include the date of recording, volume, page number, and county of recording.
  • A description of the property. The description must be a legal description that unambiguously and completely describes the boundaries of the property.

There are several types of assignments of mortgage. These include a corrective assignment of mortgage, a corporate assignment of mortgage, and a mers assignment of mortgage. A corrective assignment corrects or amends a defect or mistake in the original assignment. A corporate assignment is an assignment of the mortgage from one corporation to another. 

A mers assignment involves the Mortgage Electronic Registration System (MERS). Mortgages often designate MERS as a nominee (agent for) the lender. When the lender assigns a mortgage to MERS, MERS does not actually receive ownership of the note or mortgage agreement. Instead, MERS tracks the mortgage as the mortgage is assigned from bank to bank. 

An advantage of a mortgage assignment is that the assignment permits buyers interested in purchasing a home, to do so without having to obtain a loan from a financial institution. The buyer, through an assignment from the current homeowner, assumes the rights and responsibilities under the mortgage. 

A disadvantage of a mortgage assignment is the consequences of failing to record it. Under most state laws, an entity seeking to institute foreclosure proceedings must record the assignment before it can do so. If a mortgage is not recorded, the judge will dismiss the foreclosure proceeding. 

Failure to observe mortgage assignment procedure can be used as a defense by a homeowner in a foreclosure proceeding. Before a bank can institute a foreclosure proceeding, the bank must record the assignment of the note. The bank must also be in actual possession of the note. 

If the bank fails to “produce the note,” that is, cannot demonstrate that the note was assigned to it, the bank cannot demonstrate it owns the note. Therefore, it lacks legal standing to commence a foreclosure proceeding.

If you need help with preparing an assignment of mortgage, you should contact a mortgage lawyer . An experienced mortgage lawyer near you can assist you with preparing and recording the document.

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Real Estate Terms Glossary

  • Annual Percentage Rate
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What is an Assignment of Mortgage?

In real estate, an assignment of mortgage is the transfer of a mortgage, or mortgage note , to another party which typically happens on the servicing side or lender side. This is commonly seen one when lender sells or transfers your mortgage to another lender. Lenders typically have the right to to sell mortgages and assign them to new parties, but don’t typically allow borrowers to do the same. When a borrower transfers their mortgage obligation to a new party, this is called an assumed mortgage.

Assignment of Mortgage Examples

Examples where you will find assignment of mortgages include:

  • Example 1. A lender selling your mortgage to another lender for servicing.

Here’s Property Shark’s definition of assignment of mortgage .

assignment of mortgage fee

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Understanding How Assignments of Mortgage Work

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The bank or other mortgage lender that provides a borrower with the funds to purchase a home often later transfers or assigns its interest in the mortgage to another firm. When this happens, the borrower will start sending monthly mortgage payments to the new owner of the mortgage instead of the original lender. Some other things, such as the available modes of payment, many also change.  However, the general terms of the mortgage, such as the interest rate and payment amounts, will stay the same.

If you need help with a mortgage, consider finding a financial advisor to work with .

Mortgage Assignment Basics

Mortgages are assigned using a document called an assignment of mortgage. This legally transfers the original lender’s interest in the loan to the new company. After doing this, the original lender will no longer receive the payments of principal and interest. However, by assigning the loan the mortgage company will free up capital. This allows the original lender to make more loans and generate additional origination and other fees.

At closing, borrowers sign a document granting the original lender the right to assign the mortgage elsewhere. This means the original lender doesn’t have to ask for permission to assign the mortgage but can do so whenever it wants to. Often this occurs within a few months after the closing, but it can happen at any time during the term of a mortgage. Once a loan has been assigned, it can be assigned again.

The assignment of mortgage document uses several pieces of information to accurately identify the specific mortgage that is being transferred. These generally include:

The name of the borrower

The date of the mortgage

The jurisdiction where it was recorded

The amount of money that was originally loaned

A legal description of the home or other property used as collateral to secure the loan.

Although a lender doesn’t need to request the borrower’s permission before assigning a mortgage, the lender does have to notify the borrower after the mortgage has been assigned. This notice will generally provide the new lender’s name, contact information and mailing address or other information need to make payments.

Effects of Mortgage Assignment

When a mortgage is assigned, the original terms of the mortgage remain unchanged. The monthly principal and interest, interest rate and total number of payments required to pay the loan off will be the same as on the mortgage when it was signed at closing.

A company assigned a mortgage may have different methods of accepting monthly payments, such as online payments, paper checks or money orders. A borrower who wants more payment methods may be able to get a new mortgage holder to provide them upon request.

Some things may change, however. For instance, the new owner of the mortgage may have a different method of handling escrow payments that are used to pay property taxes and the premiums for hazard insurance. The law requires mortgage companies to charge no more than one-twelfth the annual cost of property taxes and insurance each month. However, they can also require borrowers to maintain a cushion of up to one-sixth the annual total required to pay taxes and insurance. If a new mortgage company has a different policy on this cushion, it could change the total monthly payment.

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The borrower also does not need to notify the local taxing authorities or the hazard insurance provider about the assignment. The new holder of the mortgage is required to handle these notifications.

Borrowers should check the information about where payments are supposed to go. This need to be accurate so payments will be directed correctly to the holder of the mortgage and the borrower will receive credit for them.

Another important matter that may change when a loan is assigned is the procedure the mortgage company will follow in the event of default. Borrowers should make themselves familiar with the notification methods used by the new mortgage to let them know if payments are not being received and foreclosure is in the offing.

The Bottom Line

Home mortgages are often assigned by their original lenders to other companies. Assignment usually doesn’t change much for the borrower, except that the payments will go to a different address. The original loan amount, interest payment, term and monthly principal and interest part of the payment will stay the same. Assigning mortgages frees up money for the lenders to make more loans. Borrowers don’t have to be told a mortgage will be assigned, since they agree to this at closing. However, they must be notified after an assignment and told how to contact the new mortgage holder.

Mortgage Tips

A financial advisor can help you evaluate home buying and other important financial moves. Finding a qualified financial advisor doesn’t have to be hard. SmartAsset’s free tool matches you with up to three financial advisors who serve your area, and you can interview your advisor matches at no cost to decide which one is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now .

Borrowers can find out whether and where their mortgage has been assigned through the Mortgage Electronic Registration Systems (MERS). This is an organization created by mortgage companies to track mortgage assignments. Borrowers can use a free online service provided by MERS to find out who owns their mortgage.

Mortgage rates are more volatile than they have been in a long time. Check out SmartAsset’s mortgage rates table to get a better idea of what the market looks like right now.

Photo credit: ©iStock.com/ArLawKa AungTun, ©iStock.com/ridvan_celik, ©iStock.com/damircudic

The post Understanding How Assignments of Mortgage Work appeared first on SmartAsset Blog .

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ACRIS Recording Fees

As Part of the ACRIS process, the recording fees are calculated, and a total fee page generated at the end of the cover page session.

Real Property Recording Fees

Uniform commercial code (ucc) financing statement.

Uniform Commercial Code (UCC) Financing Statement shows a security interest in personal property including in a cooperative corporation. The Office of the City Register records Uniform Commercial Code (UCC) Financing Statements for co-ops. All other UCCs must be filed with the NYS Department of State.

UCC Financing Statements for co-ops are filed through the Automated City Register Information System (ACRIS).

Requirements and Fees

Block and Lot numbers must be noted on all financing statements.

Note : If you use ACRIS on your own computer, you can print copies free of charge.

Suffolk County Clerk Vincent Puleo

Welcome to the Suffolk County Clerk's Office

At one time or another either directly or indirectly, every resident of Suffolk County deals with our office. So if you are buying a home, satisfying your mortgage, filing a lien or judgment, grieving your taxes or interacting with the judicial system, we look forward to working with you.

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Nicole DeLuca Chief Deputy County Clerk


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Suffolk County Clerk Fee Schedule

Payment may be made in the form of Certified Bank Check, Money Order and Attorney’s Check made payable to the Suffolk County Clerk.

Cash payment is acceptable only when filing in person.

Any returned check incurs a $20.00 fee.

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The Suffolk County Clerk's Office continues to develop strategies and systems that promote real-time services and facilitate communication and access.

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Fee schedule – Department of Records

You can record documents with the Department of Records . The fee schedule on this page describes the costs of recording different document types.


  1. Free Printable Assignment Of Mortgage Form (PDF & WORD)

    assignment of mortgage fee

  2. Assignment of Mortgage

    assignment of mortgage fee

  3. New York Assignment of Mortgage by Corporate Mortgage Holder Form

    assignment of mortgage fee

  4. 10+ Mortgage Fee Agreement Templates in PDF

    assignment of mortgage fee

  5. Top 9 Assignment Of Mortgage Form Templates free to download in PDF format

    assignment of mortgage fee

  6. Assignment Of Mortgage Form

    assignment of mortgage fee


  1. How To Record an Assignment Of Mortgage or Deed of Trust

  2. How To Fill Out An Assignment Agreement (Step By Step Guide)

  3. How to make a Fixed Rate Loan/Mortgage Calculator in Excel

  4. What is an assignment of a mortgage?

  5. What is an arrangement fee?

  6. What is an Assignment of Mortgage?


  1. Understanding the Assignment of Mortgages: What You Need To Know

    When your original lender transfers your mortgage account and their interests in it to a new lender, that's called an assignment of mortgage. To do this, your lender must use an assignment of mortgage document. This document ensures the loan is legally transferred to the new owner. It's common for mortgage lenders to sell the mortgages to ...

  2. Understanding How Assignments of Mortgage Work

    Mortgages are assigned using a document called an assignment of mortgage. This legally transfers the original lender's interest in the loan to the new company. After doing this, the original lender will no longer receive the payments of principal and interest. However, by assigning the loan the mortgage company will free up capital.

  3. Assignment of Mortgage Laws and Definition

    An advantage of a mortgage assignment is that the assignment permits buyers interested in purchasing a home, to do so without having to obtain a loan from a financial institution. The buyer, through an assignment from the current homeowner, assumes the rights and responsibilities under the mortgage. ... No fee to present your case; Choose from ...

  4. What's the difference between a mortgage assignment and an ...

    An assignment transfers all the original mortgagee's interest under the mortgage or deed of trust to the new bank. Generally, the mortgage or deed of trust is recorded shortly after the mortgagors sign it, and, if the mortgage is subsequently transferred, each assignment is recorded in the county land records.

  5. What Is Assignment Of Mortgage?

    An assignment of mortgage is a legal term that refers to the transfer of the security instrument that underlies your mortgage loan − aka your home. When a lender sells the mortgage on, an investor effectively buys the note, and the mortgage is assigned to them at this time. The assignment of mortgage occurs because without a security ...

  6. What is an assignment of mortgage and how is it processed?

    All fees are due at closing. *The closing attendance fee listed above is based on a closing in Nassau County. The fee may vary for closings outside of Nassau County. The Credit Union's attorney will bring the original Assignment of Mortgage to the closing.

  7. Assignment of Mortgage: Definition and Examples (2022)

    $149.95 + state filing fees Learn More Premium LLC Formation $249.95 + state filing fees ... In real estate, an assignment of mortgage is the transfer of a mortgage, or mortgage note , to another party which typically happens on the servicing side or lender side. This is commonly seen one when lender sells or transfers your mortgage to another ...


    Multistate Mortgage Assignment -Single Family - Fannie Mae Uniform Instrument Form 3741 07/2021 Page 1 of 4 . Recording Requested By/Return To: ASSIGNMENT OF MORTGAGE [To be used only where Fannie Mae is the assignee.] For Value Received, the undersigned holder of a Mortgage (herein "Assignor") whose address is

  9. What Is MERS For Mortgages?

    When a bank or financial institution sells a mortgage, an assignment is prepared and recorded in the appropriate county land records.This assignment is a document that indicates the mortgage has been transferred to a new owner. This can be a labor-intensive process, requiring the owners of a loan to create an assignment with the county recorder every time a loan is sold.

  10. Understanding How Assignments of Mortgage Work

    The bank or other mortgage lender that provides a borrower with the funds to purchase a home often later transfers or assigns its interest in the mortgage to another firm. When this happens, the ...

  11. PDF New York Recording Fees, Mortgage and Transfer Taxes Revised ...

    TRANSFER TAXES: REFERENCE GUIDE. NEW YORK STATE TRANSFER TAX COMMERCIAL SAME AS RESIDENTIAL. RESIDENTIAL (including 1, 2, 3 Family Residential Dwelling, Single Unit Co-op or Single Unit Condo) $2.00 per $500 of purchase price) MANSION TAX (Purchase Price Over $1,000,000) COMMERCIAL N/A. RESIDENTIAL.

  12. Assignment of a Mortgage Loan to the Insurer or Guarantor

    If the mortgage insurer or guarantor exercises its right under the policy to acquire a delinquent government mortgage loan or an assignment is the only way to liquidate a mortgage loan, the servicer must ... F-2-08, Servicing Fees for MBS Mortgage Loans ; F-2-09, Servicing Fees for Portfolio Mortgage Loans ; F-2-10, Fannie Mae's Workout ...

  13. Florida Assignment and Satisfaction of Mortgage Law

    Recording Satisfaction: Within 60 days of the date of receipt of the full payment of the mortgage, lien, or judgment, the person required to acknowledge satisfaction of the mortgage, lien, or judgment shall send or cause to be sent the recorded satisfaction to the person who has made the full payment. Marginal Satisfaction: Not allowed.

  14. A Quick Guide To Recording Fees

    For example, you might pay a $50 fee for the first page of a land record instrument, and then $10 for each additional page after that. The total cost of recording fees could range from a few dollars to hundreds based on the laws in your county. On average, home buyers pay $125 for recording fees at closing, according to the Home Buying Institute.

  15. ACRIS Recording Fees & UCC Statements

    Assignment of Mortgage An additional $3.00 is charged for every mortgage recited in an assignment in excess of one. Satisfaction of Mortgage If the satisfaction involves a consolidated mortgage, the total recording charge minus the $5.00 per page must be multiplied by the number of mortgages in the consolidated mortgage; add the $5.00 per page ...

  16. Mortgage Satisfaction & Assignment

    commissioner of education fee $15.00 cultural education fund $0.50 initial mortgage notation fee plus $0.50 assignment $3.00 each additional mortgage $200.00 per tax lot real property verification fee $200.00 per document mortgage verification fee

  17. Schedule of Fees

    An Assignment of Mortgage which assigns more than one mortgage, there shall be an additional fee of three dollars for every Mortgage assigned. ... For each additional Mortgage satisfied on one document, the fee will be the full price of recording one Satisfaction. Capital gains tax affidavit - per deed: $5.00: If affidavit is dated prior to ...

  18. Fee Schedule

    Assignment $30 (first page) Assignment. $10 (each additional page) $10 (each mortgage referred to) $6 Name fee after five names. Release $35 (first page) Release. $10 (each additional page) $10 (each mortgage referred to) $6 Name fee after five names. Cancellation of Mortgage $25

  19. New Jersey Assignment and Satisfaction of Mortgage Law

    All such assignments shall be properly indexed. For recording such assignments and for copies thereof the county recording officer shall be entitled to the fees prescribed by section 22:4-4 of the title Fees and Costs. 46:18-4. Record of assignment of mortgage as notice of assignment.

  20. Land Records Fees and Taxes

    For Yonkers properties, mortgage tax can be computed by calculating 1.8 percent of the mortgage amount less $30 for one or two family dwellings when indicated in the mortgage. For mortgages of $10,000 or less on one or two family dwellings, the tax rate is one percent except in Yonkers where the tax rate is 1.5 percent.

  21. Fees

    Browse a listing of fees involved with the County Clerk's Office. Skip to Main Content. Create a Website Account - Manage notification subscriptions, ... Assignment of Mortgage: $30, $10, $10: Assumption of Mortgage: $30, $10, $10: Bill of Sale: $30, $10: Cancelation of Mortgage: $20: Cancelation of Tax Sale: $20:

  22. Fees

    Cash payment is acceptable only when filing in person. Any returned check incurs a $20.00 fee. The Suffolk County Clerk's Office continues to develop strategies and systems that promote real-time services and facilitate communication and access. (631) 852-2000. Contact Us.

  23. Fee schedule

    The fee schedule on this page describes the costs of recording different document types. Filter documents by title or description. Name Description Released Format; Fee schedule - English PDF: November 3, 2023 : PDF. Fee schedule - Spanish PDF: November 14, 2023 ...