North Carolina Assignment of Deed of Trust
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Assignment of Deed of Trust for Real Estate Located in North Carolina
This form is used by a beneficiary/lender who can be a corporation or individual to assign deed of trust and promissory note to another entity/corporation or individual. This is commonly done when a deed of trust has been sold. (The assignee of the note shall have the right to enforce all obligations contained in the promissory note or other agreement, and all the rights of the assignor in the deed of trust, mortgage, or other security instrument, including the right to substitute the trustee named in any deed of trust, and to exercise any power of sale contained in the instrument without restriction.) (47-17.2)
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.
(North Carolina Assignment of DOT Package includes form, guidelines, and completed example) For use in North Carolina only.