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Deed Of Assignment Of Loan Template for United States

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Key Requirements PROMPT example:

Deed Of Assignment Of Loan

"I need a Deed of Assignment of Loan to transfer a secured commercial property loan worth $2.5M from ABC Bank to XYZ Investment Fund, with the transfer to be completed by March 15, 2025, and including provisions for the transfer of all related security interests."

Document background
The Deed of Assignment of Loan is commonly used when financial institutions, investors, or creditors wish to transfer loan rights and obligations to other parties. This document is essential in debt sales, portfolio transfers, and business restructuring scenarios. The deed must comply with U.S. federal regulations, including the UCC and FDCPA, as well as state-specific requirements. It typically includes detailed information about the original loan, outstanding amounts, payment terms, and any security arrangements. The document ensures clear transfer of rights while protecting all parties' interests and maintaining compliance with applicable lending laws.
Suggested Sections

1. Parties: Identification of assignor and assignee with full legal names and addresses

2. Background: Details of the original loan agreement and circumstances leading to the assignment

3. Definitions: Key terms used throughout the deed including Loan Agreement, Assignment Date, Rights, and Obligations

4. Assignment: Core terms of the transfer of rights, including the effective date and scope of the assignment

5. Consideration: Details of payment or other consideration for the assignment of the loan

6. Warranties: Assignor's warranties regarding ownership, right to assign, and status of the loan

7. Execution: Signature blocks, witnessing requirements, and notarization details

Optional Sections

1. Security Provisions: Provisions dealing with the transfer of security interests and collateral rights

2. Representations: Additional statements about the loan's status, defaults, and modifications

3. Notice Requirements: Procedures and requirements for notifying the original borrower of the assignment

4. Further Assurance: Commitment to execute additional documents and take necessary steps to perfect the assignment

Suggested Schedules

1. Schedule A - Loan Details: Copy or summary of the original loan agreement including key terms

2. Schedule B - Outstanding Amount: Current balance, payment history, and amortization schedule

3. Schedule C - Security Details: Description of any security or collateral associated with the loan

4. Schedule D - Notices: Form of notices to be sent to borrower and other relevant parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºìÐÓÖ±²¥ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

UCC Article 9: Federal law governing secured transactions, which regulates the creation and enforcement of security interests in personal property

Truth in Lending Act (TILA): Federal law requiring lenders to provide standardized disclosures about terms and costs for consumer loans

Fair Debt Collection Practices Act (FDCPA): Federal law that limits the behavior and actions of debt collectors who are attempting to collect debts on behalf of another person or entity

Federal Consumer Credit Protection Act: Comprehensive federal law that protects consumers in credit transactions and establishes standards for consumer lending

State UCC Provisions: State-specific implementations of the Uniform Commercial Code, which may contain variations from the federal version

State Contract Laws: State-specific laws governing the formation, interpretation, and enforcement of contracts

State Usury Laws: State-specific laws that set maximum interest rates and regulate lending practices within the state

State Assignment Regulations: State-specific rules governing the assignment and transfer of rights and obligations under contracts

Statute of Frauds: Legal requirement that certain contracts, including assignments, must be in writing to be enforceable

Execution Requirements: Legal requirements for proper execution and acknowledgment of deeds, including witnessing and notarization

Recording Requirements: Legal requirements for recording assignments of loans secured by real property in appropriate jurisdictions

Securities Laws: Federal and state laws governing the transfer of investment securities, which may apply to certain loan assignments

Notice Requirements: Legal obligations to notify the original borrower of the assignment of their loan to a new creditor

Security Interest Perfection: Requirements for maintaining and perfecting security interests when assigning secured loans

Loan Agreement Restrictions: Contractual provisions in the original loan agreement that may restrict or condition the assignment of the loan

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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