Benton County Assignment of Mortgage or Deed of Trust Form

Additional Arkansas and Benton County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Benton County

Properties in any of these areas use Benton County forms:

• Avoca
• Bella Vista
• Bentonville
• Cave Springs
• Centerton
• Decatur
• Garfield
• Gateway
• Gentry
• Gravette
• Hiwasse
• Lowell
• Maysville
• Pea Ridge
• Rogers
• Siloam Springs
• Sulphur Springs

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Use these forms to assign/transfer a previously recorded mortgage or deed of trust onto a new party, this is frequently done when a mortgage/deed of trust has been sold.

Notice of Assignment Form Included.
The Truth and lending act requires that borrowers be notified when their Mortgage/Deed of Trust debt has been sold, transferred, or assigned to a new creditor.

Title 18 - Property
Subtitle 4 - Mortgages and Liens
Chapter 40 - Mortgages
18-40-109. Transfer, etc., by separate instrument
(a)
(1) No provision contained in 18-40-103, 18-40-106, 18-40-107, and this section shall prevent any mortgagee, trustee, agent of owner of record, or the owner of record, transferee, or assignee appearing of record, from selling, transferring, or assigning any deed of trust, mortgage, or vendor's lien retained in deed by separate instrument duly acknowledged and recorded.

(2) At the time of recording any separate instrument transferring any mortgage, deed of trust, vendor's lien, or lien retained in deed, note, bond, or other instrument, the clerk and ex officio recorder in the office in which the transfer or assignment shall appear shall note on the margin of the record of the original mortgage, deed of trust, or deed retaining vendor's lien a memorandum noting that the lien contained in the instrument, and the notes or other instruments evidenced thereby, have been transferred, to whom transferred, the date of the transfer, and the book and page where the separate instrument and transfer may be found.

(3) The failure of the clerk and ex officio recorder to make the marginal entry or notation shall not invalidate the sale, transfer, or assignment recorded as provided in this section.

(b)
(1) The clerks in counties which use other than paper recording systems shall not allow any assignment by marginal notation after December 31, 1995.

(2) Any such marginal notation entered after December 31, 1995, is void

(Arkansas Assignment Package includes form, guidelines, and completed example) For use in Arkansas only.

Important: Your property must be located in Benton County to use these forms. Documents should be recorded at the county recording office listed above.

This Assignment of Mortgage or Deed of Trust meets all recording requirements specific to Benton County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Benton County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

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