Definition · Commercial Lending

What is an Assignment of Mortgage?

An assignment of mortgage is the recorded instrument by which the holder of a mortgage (or deed of trust) transfers its security interest in the real property to a new party. In a loan sale the transfer has two parts: the promissory note is conveyed by endorsement — often on an allonge — and the mortgage is conveyed by a written assignment recorded in the county land records, giving constructive notice that the buyer is the secured party of record.

Why it matters

The recorded assignment is what gives a note buyer record standing to enforce the lien, including foreclosure. For a selling lender, delivering the original note and a properly executed, recordable assignment — along with a complete collateral file — is the heart of closing; see how to sell a commercial loan.

Market context & sources

Why credits like this reach a workout desk: bank noncurrent commercial real-estate loans have risen while reserve coverage slips at community banks (FDIC Quarterly Banking Profile), and roughly $957 billion of commercial and multifamily mortgage debt was scheduled to mature in 2025 — against a total market of about $4.8–5.0 trillion, ~38% of it held by banks and thrifts (Mortgage Bankers Association). See the CRE distress statistics hub for the full figures and sources.

Primary sources: FDIC Quarterly Banking Profile, Mortgage Bankers Association, and interagency (FDIC / OCC / Federal Reserve) guidance on CRE loan accommodations and workouts. Figures are directional and updated periodically; confirm the latest release before relying on a specific number.

Common questions
Does the assignment transfer the debt itself?

No — the note carries the debt, and under long-settled law the mortgage follows the note. The endorsed note entitles the holder to payment; the assignment perfects the buyer's interest of record in the collateral.

Is borrower consent required to assign a mortgage?

Generally no. Commercial loans are freely transferable by the lender unless the loan documents provide otherwise, and no borrower signature appears on the assignment. Borrowers are typically notified of the transfer and any change in servicing.

What does an assignment mean for selling a loan?

It is the closing mechanic, not an obstacle — a seller holding the original note with a clean assignment chain can close in days; Standing Bid Capital closes note purchases with standard assignment documents prepared by its counsel — Request a confidential review.

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