Asked over 1 year ago - Miami, FL

Can a mortgage company that doesn't own(mortgage) or exist at the time of transfer, transfer an assignment of mortgage, to another bank

Attorney answers (1)

  1. Pamela Koslyn

    Contributor Level 20

    Answered . Assignability is a matter of contract, so if the contract says so, then they can, and mortgage companies usually have very broad assignment rights. It's not uncommon for companies to assign rights to companies that will exist in the future. Check the assignment provision and see if it's broadly drafted.

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