The current Lender/Beneficiary uses this form to assign a Deed of Trust to another lender. This is often done when a Deed of Trust has been sold. This allows the new Lender the right to collect payments of the debt. A typical Deed of Trust contains a Power of Sale clause, allowing a non-judicial foreclosure. (The power of sale may be exercised by the assignee if the assignment is duly acknowledged and recorded.) (California Code 2932.5)

Current Borrowers must be notified of the assignment. Notification consists of contact information of the new creditor, recording dates, recording instrument numbers, changes in loan, etc. Included are "Notice of Assignment of Deed of Trust" forms.

The Truth and lending act requires that borrowers be notified when their deed of trust debt has been sold, transferred, or assigned to a new creditor. Generally, within 30 days to avoid up to $2,000.00 in statutory damages, plus reasonable attorney's fees. Systematic violations can reach up $500,000.00.

(California Assignment of Deed of Trust Package includes form, guidelines, and completed example) For use in California only.

These are different form types, not alternate versions of the current form.

Assignment of Leases and Rents

Assign lease and rental income rights as security for a loan.

Release of Assignment of Leases and Rents

Release a recorded assignment of leases and rents.

Important: County-Specific Forms

Our assignment of deed of trust forms are specifically formatted for each of the 58 counties in California.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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