Assignment of Mortgage
Docstoc Legal Agreements
This Assignment of Mortgage is an instrument transferring the secured rights of a
mortgage to another party by the original party which possessed those rights.
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Attorney Drafted
ASSIGNMENT OF MORTGAGE
THIS ASSIGNMENT OF MORTGAGE (hereinafter “Agreement”) is made this _____ [Month]
_____ [Date], 20____ by __________________________ [Instruction: Insert name of assignor],
located at __________________________ [Instruction: Insert the address of assignor]
(hereinafter "Assignor") to __________________________ [Instruction: Insert name of assignee],
located at __________________________ [Instruction: Insert the address of assignee]
(hereinafter "Assignee"). The Assignor and the Assignee may individually be referred to as
“Party”, or, collectively as “Parties”.
WHEREAS, __________________________ [Instruction: Insert name of borrower]
(hereinafter “Borrower”) executed a mortgage on _____ [Month] _____ [Date], 20____, in
favor of Assignor (the “Mortgage”);
WHEREAS, Assignor desires to assign, transfer, sell and convey to Assignee all of
Assignor's right, title and interest in, to and under the Mortgage;
WHEREAS, Assignee desires to receive all of Assignor's right, title and interest in, to
and under the Mortgage;
NOW THEREFORE, the Parties wish to execute this Agreement on the terms and
conditions set forth below:
TERMS:
1. ASSIGNMENT
For and in consideration of ___________ ($____) [◊ Instruction: Insert the consideration
amount E.g., Five thousand dollars ($5000)], the receipt and sufficiency of which is
hereby acknowledged, Assignor hereby grants, assigns and transfers to Assignee that
certain Mortgage executed by _______________________ [Instruction: Insert name of
borrower], and dated, _____ [Month] _____ [Date], 20____, and recorded in
__________________________ [Instruction: Insert the name of Recording Offices], in
______________________ [Instruction: Insert the City], ________________ [Instruction: Insert
the State], in _________________ [Instruction: Insert the name of Book of Mortgage], at
page _______ [Instruction: Insert the page number], together with the note described
therein and the money to become due thereon with the interest provided therein.
2. APPLCABLE LAW
This Agreement shall, in all respects, be governed by the laws of the State of Vermont
applicable to agreements executed and to be wholly performed within the state of
Vermont.
3. SEVERABILITY
Nothing contained herein shall be construed so as to require the commission of any act
contrary to law, and wherever there is any conflict between any provision contained
herein and any present or future statute, law, ordinance or regulation contrary to which
the Parties have no legal right to contract, the latter shall prevail but the provision of
this Agreement which is affected shall be curtailed and limited only to the extent
necessary to bring it within the requirements of the law.
4. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the Parties with respect to the
subject matter hereof and supersedes any and all other written or oral negotiations,
understandings or agreements among the Parties with respect to the rights and
obligations assumed herein and contains all of the covenants and agreements among
the Parties with respect to such rights and obligations.
5. HEADINGS
The captions appearing at the commencement of the paragraphs hereof are descriptive
only and for convenience in reference. Should there be any conflict between any such
caption and the paragraph at the head of which it appears, the paragraph and not such
caption shall control and govern in the construction of this Agreement.
6. COUNTERPARTS
This Agreement may be executed in two (2) or more separate counterparts, each of
which, when so executed, shall be deemed to be an original. Such counterparts shall
together constitute and be one (1) and the same instrument.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first above
written.
ASSIGNOR ASSIGNEE
___________________________________ ___________________________________
[Instruction: Insert the name of Assignor and Assignee]
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