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What is a collateral assignment of mortgage? A lender’s guide

A collateral assignment of mortgage ties your loan to a specific mortgage note. The note investor pledges that note to you, and the pledge is recorded with the county. If the loan isn't paid as agreed, you have a claim on that note and the payments behind it.

It's one of the most important protections a private lender can have. It's also one of the least understood. Here's how it works in plain English.

How it works

There are three parties:

To secure your loan, the note investor signs a collateral assignment. It pledges a specific note, and the mortgage behind it, to you. It's recorded in the county where the property sits.

Your loan is still a loan to the note investor. They owe you under your loan documents. The pledged note is the backstop if they don't pay.

What it protects you from

What it doesn't protect you from

Recorded vs. not recorded

An unrecorded assignment is a private agreement. It may still be enforceable between you and the note investor, but nobody else can see it. A recorded assignment puts the world on notice.

Many lenders also want the original note, or a signed allonge, held by them or by a custodian. An allonge is a page attached to the note that signs it over. Holding it means the note can move to you quickly if the loan defaults. Ask your attorney what your state requires.

The documents you should see

Have your own attorney review all of it before any money moves.

Questions to ask before you lend

Anyone you lend to should answer these without hesitation.

See how lending with LJH works, how I check every deal in my due diligence checklist, and how to check out anyone you lend to.

Common questions

Is a collateral assignment the same as owning the note?

No. The note investor still owns the note. You hold it as collateral for your loan. If the loan is paid as agreed, the assignment is released. If it isn't, the assignment gives you a path to take the note.

Why does it need to be recorded?

Recording puts your claim in the county's public records. Anyone who checks the property records can see the note is pledged to you. That makes it much harder for the same note to be pledged or sold to someone else without anyone noticing.

What is an allonge?

An allonge is a page attached to a promissory note that signs it over to a new owner. In some lender setups, a signed allonge is held by the lender or a custodian, so the note can be transferred quickly if the loan defaults.

What happens if the homeowner stops paying?

Your loan is to the note investor, not the homeowner. The note investor still owes you under your loan documents. The pledged note and the property behind it are the backstop if the note investor can't pay.

Can one note secure more than one lender?

It's possible, but it adds risk. Ask how much of the note's value is pledged to you, whether anyone else has a claim, and check the county records to confirm.

General education, not legal or investment advice. Lending documents and recording rules vary by state. Have your own attorney review any loan before you fund it. All investing has risk, including loss of principal.

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