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Use this form to assign a previously recorded mortgage to another party/assignee. (An assignment of a mortgage on real property which does not contain the post-office address of the assignee may not be received for record.) (35-03-04.)
35-03-05.1. Recording and filing assignment of mortgage - Notice to whom.
An assignment of a mortgage may be recorded or filed in the same manner as a mortgage, and the record thereof operates as notice to all persons subsequently deriving title to the mortgage from the assignor. When the mortgage is executed as security for money due or to become due on a promissory note, bond, or other instrument designated in the mortgage, the record of the assignment of the mortgage is not of itself notice to a mortgagor or a mortgagor's heirs or personal representatives so as to invalidate any payment made by them or either of them to the person holding such note, bond, or other instrument.
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 Mortgage" forms.
The Truth and lending act requires that borrowers be notified when their Mortgage 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.
For use in North Dakota only.
Deeds.com North Dakota Assignment of Mortgage Forms Have Been Updated as Recently as Thursday August 18, 2022
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