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Assignment of Mortgage

This document template is used to formally assign a mortgage from one party (Assignor) to another (Assignee), transferring all rights, title, and interest in the mortgage. It is ideal for financial institutions or individuals involved in secondary mortgage markets.

Updated 15d ago
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Company Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

ASSIGNMENT OF MORTGAGE

This ASSIGNMENT OF MORTGAGE (the "Assignment") is made effective as of {{effective_date}} (the "Effective Date"), by and between:

The Assignor

{{assignor_company_name}}, a company duly incorporated and existing under the laws of {{assignor_jurisdiction}}, with its principal place of business at {{assignor_address}} (the "Assignor");

The Assignee

AND

{{assignee_company_name}}, a company duly incorporated and existing under the laws of {{assignee_jurisdiction}}, with its principal place of business at {{assignee_address}} (the "Assignee").

RECITALS

WHEREAS, the Assignor is the current legal and beneficial owner of a certain mortgage (the "Mortgage") granted by {{original_mortgagor_name}} (the "Mortgagor") in favour of {{original_mortgagee_name}} (the "Original Mortgagee") on {{mortgage_date}}, and registered at the {{registration_office_name}} under registration number {{mortgage_registration_number}}.

WHEREAS, the Mortgage encumbers the property described as {{property_description}} (the "Property").

WHEREAS, the Assignor desires to assign all its rights, title, and interest in and to the Mortgage to the Assignee, and the Assignee desires to accept such assignment.

NOW, THEREFORE, the parties hereto agree as follows:

1. Assignment: The Assignor hereby assigns, transfers, and sets over unto the Assignee all of the Assignor's right, title, and interest in, to, and under the Mortgage, together with all sums of money due or to become due thereon, and the debt secured thereby, without recourse, representation, or warranty, except as expressly provided herein.

2. Effective Date: This Assignment shall be effective on the Effective Date.

3. Consideration: In consideration of the assignment of the Mortgage, the Assignee shall pay to the Assignor the sum of {{assignment_amount}} (the "Assignment Consideration") on or before the Effective Date.

4. Representations and Warranties: The Assignor represents and warrants that it is the lawful owner of the Mortgage and has the full right and authority to assign the Mortgage as contemplated herein.

5. Indemnity: The Assignor shall indemnify and hold harmless the Assignee from and against any and all claims, demands, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to the Mortgage prior to the Effective Date.

6. Governing Law: This Assignment shall be governed by and construed in accordance with the laws of {{governing_law_jurisdiction}}.

7. Entire Agreement: This Assignment constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, relating to such subject matter.

8. Amendment: No amendment or modification of this Assignment shall be valid unless in writing and signed by both parties.

IN WITNESS WHEREOF

The parties have executed this Assignment on the date first written above.

SIGNATURE BLOCK

_____________________________

Assignor Signature

Name: {{assignor_signatory_name}}

Title: {{assignor_signatory_title}}

_____________________________

Assignee Signature

Name: {{assignee_signatory_name}}

Title: {{assignee_signatory_title}}

WITNESSES:

1. _________________________

Name: {{witness_1_name}}

2. _________________________

Name: {{witness_2_name}}

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