notice of assignment of mortgage

• Bankruptcy Basics
• Chapter 11 Bankruptcy
• Chapter 13 Bankruptcy
• Chapter 7 Bankruptcy
• Debt Collectors and Consumer Rights
• Divorce and Bankruptcy
• Going to Court
• Property & Exemptions
• Student Loans
• Taxes and Bankruptcy
• Wage Garnishment

Understanding the Assignment of Mortgages: What You Need To Know

3 minute read • Upsolve is a nonprofit that helps you get out of debt with education and free debt relief tools, like our bankruptcy filing tool.  Think TurboTax for bankruptcy. Get free education, customer support, and community. Featured in Forbes 4x and funded by institutions like Harvard University so we'll never ask you for a credit card.  Explore our free tool

A mortgage is a legally binding agreement between a home buyer and a lender that dictates a borrower's ability to pay off a loan. Every mortgage has an interest rate, a term length, and specific fees attached to it.

Written by Attorney Todd Carney .  Updated November 26, 2021

If you’re like most people who want to purchase a home, you’ll start by going to a bank or other lender to get a mortgage loan. Though you can choose your lender, after the mortgage loan is processed, your mortgage may be transferred to a different mortgage servicer . A transfer is also called an assignment of the mortgage. 

No matter what it’s called, this change of hands may also change who you’re supposed to make your house payments to and how the foreclosure process works if you default on your loan. That’s why if you’re a homeowner, it’s important to know how this process works. This article will provide an in-depth look at what an assignment of a mortgage entails and what impact it can have on homeownership.

Assignment of Mortgage – The Basics

When your original lender transfers your mortgage account and their interests in it to a new lender, that’s called an assignment of mortgage. To do this, your lender must use an assignment of mortgage document. This document ensures the loan is legally transferred to the new owner. It’s common for mortgage lenders to sell the mortgages to other lenders. Most lenders assign the mortgages they originate to other lenders or mortgage buyers.

Home Loan Documents

When you get a loan for a home or real estate, there will usually be two mortgage documents. The first is a mortgage or, less commonly, a deed of trust . The other is a promissory note. The mortgage or deed of trust will state that the mortgaged property provides the security interest for the loan. This basically means that your home is serving as collateral for the loan. It also gives the loan servicer the right to foreclose if you don’t make your monthly payments. The promissory note provides proof of the debt and your promise to pay it.

When a lender assigns your mortgage, your interests as the mortgagor are given to another mortgagee or servicer. Mortgages and deeds of trust are usually recorded in the county recorder’s office. This office also keeps a record of any transfers. When a mortgage is transferred so is the promissory note. The note will be endorsed or signed over to the loan’s new owner. In some situations, a note will be endorsed in blank, which turns it into a bearer instrument. This means whoever holds the note is the presumed owner.

Using MERS To Track Transfers

Banks have collectively established the Mortgage Electronic Registration System , Inc. (MERS), which keeps track of who owns which loans. With MERS, lenders are no longer required to do a separate assignment every time a loan is transferred. That’s because MERS keeps track of the transfers. It’s crucial for MERS to maintain a record of assignments and endorsements because these land records can tell who actually owns the debt and has a legal right to start the foreclosure process.

Upsolve Member Experiences

Assignment of Mortgage Requirements and Effects

The assignment of mortgage needs to include the following:

The original information regarding the mortgage. Alternatively, it can include the county recorder office’s identification numbers. 

The borrower’s name.

The mortgage loan’s original amount.

The date of the mortgage and when it was recorded.

Usually, there will also need to be a legal description of the real property the mortgage secures, but this is determined by state law and differs by state.

Notice Requirements

The original lender doesn’t need to provide notice to or get permission from the homeowner prior to assigning the mortgage. But the new lender (sometimes called the assignee) has to send the homeowner some form of notice of the loan assignment. The document will typically provide a disclaimer about who the new lender is, the lender’s contact information, and information about how to make your mortgage payment. You should make sure you have this information so you can avoid foreclosure.

Mortgage Terms

When an assignment occurs your loan is transferred, but the initial terms of your mortgage will stay the same. This means you’ll have the same interest rate, overall loan amount, monthly payment, and payment due date. If there are changes or adjustments to the escrow account, the new lender must do them under the terms of the original escrow agreement. The new lender can make some changes if you request them and the lender approves. For example, you may request your new lender to provide more payment methods.

Taxes and Insurance

If you have an escrow account and your mortgage is transferred, you may be worried about making sure your property taxes and homeowners insurance get paid. Though you can always verify the information, the original loan servicer is responsible for giving your local tax authority the new loan servicer’s address for tax billing purposes. The original lender is required to do this after the assignment is recorded. The servicer will also reach out to your property insurance company for this reason.  

If you’ve received notice that your mortgage loan has been assigned, it’s a good idea to reach out to your loan servicer and verify this information. Verifying that all your mortgage information is correct, that you know who to contact if you have questions about your mortgage, and that you know how to make payments to the new servicer will help you avoid being scammed or making payments incorrectly.

Let's Summarize…

In a mortgage assignment, your original lender or servicer transfers your mortgage account to another loan servicer. When this occurs, the original mortgagee or lender’s interests go to the next lender. Even if your mortgage gets transferred or assigned, your mortgage’s terms should remain the same. Your interest rate, loan amount, monthly payment, and payment schedule shouldn’t change. 

Your original lender isn’t required to notify you or get your permission prior to assigning your mortgage. But you should receive correspondence from the new lender after the assignment. It’s important to verify any change in assignment with your original loan servicer before you make your next mortgage payment, so you don’t fall victim to a scam.

Attorney Todd Carney

Attorney Todd Carney is a writer and graduate of Harvard Law School. While in law school, Todd worked in a clinic that helped pro-bono clients file for bankruptcy. Todd also studied several aspects of how the law impacts consumers. Todd has written over 40 articles for sites such... read more about Attorney Todd Carney

Continue reading and learning!

It's easy to get debt help

Choose one of the options below to get assistance with your debt:

Considering Bankruptcy?

Our free tool has helped 13,712+ families file bankruptcy on their own. We're funded by Harvard University and will never ask you for a credit card or payment.

Private Attorney

Get a free evaluation from an independent law firm.

Learning Center

Research and understand your options with our articles and guides.

Already an Upsolve user?

Bankruptcy Basics ➜

• What Is Bankruptcy?
• Every Type of Bankruptcy Explained
• How To File Bankruptcy for Free: A 10-Step Guide
• Can I File for Bankruptcy Online?

Chapter 7 Bankruptcy ➜

• What Are the Pros and Cons of Filing Chapter 7 Bankruptcy?
• What Is Chapter 7 Bankruptcy & When Should I File?
• Chapter 7 Means Test Calculator

Wage Garnishment ➜

• How To Stop Wage Garnishment Immediately

Property & Exemptions ➜

• What Are Bankruptcy Exemptions?
• Chapter 7 Bankruptcy: What Can You Keep?
• Yes! You Can Get a Mortgage After Bankruptcy
• How Long After Filing Bankruptcy Can I Buy a House?
• Can I Keep My Car If I File Chapter 7 Bankruptcy?
• Can I Buy a Car After Bankruptcy?
• Should I File for Bankruptcy for Credit Card Debt?
• How Much Debt Do I Need To File for Chapter 7 Bankruptcy?
• Can I Get Rid of my Medical Bills in Bankruptcy?

Student Loans ➜

• Can You File Bankruptcy on Student Loans?
• Can I Discharge Private Student Loans in Bankruptcy?
• Navigating Financial Aid During and After Bankruptcy: A Step-by-Step Guide
• Filing Bankruptcy to Deal With Your Student Loan Debt? Here Are 3 Things You Should Know!

Debt Collectors and Consumer Rights ➜

• 3 Steps To Take if a Debt Collector Sues You
• How To Deal With Debt Collectors (When You Can’t Pay)

Taxes and Bankruptcy ➜

• What Happens to My IRS Tax Debt if I File Bankruptcy?
• What Happens to Your Tax Refund in Bankruptcy

Chapter 13 Bankruptcy ➜

• Chapter 7 vs. Chapter 13 Bankruptcy: What’s the Difference?
• Why is Chapter 13 Probably A Bad Idea?
• How To File Chapter 13 Bankruptcy: A Step-by-Step Guide
• What Happens When a Chapter 13 Case Is Dismissed?

Going to Court ➜

• Do You Have to Go To Court to File Bankruptcy?
• Telephonic Hearings in Bankruptcy Court

Divorce and Bankruptcy ➜

• How to File Bankruptcy After a Divorce
• Chapter 13 and Divorce

Chapter 11 Bankruptcy ➜

• Chapter 7 vs. Chapter 11 Bankruptcy
• Reorganizing Your Debt? Chapter 11 or Chapter 13 Bankruptcy Can Help!

State Guides ➜

• Connecticut
• District Of Columbia
• Massachusetts
• Mississippi
• New Hampshire
• North Carolina
• North Dakota
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• West Virginia

Upsolve is a 501(c)(3) nonprofit that started in 2016. Our mission is to help low-income families resolve their debt and fix their credit using free software tools. Our team includes debt experts and engineers who care deeply about making the financial system accessible to everyone. We have world-class funders that include the U.S. government, former Google CEO Eric Schmidt, and leading foundations.

To learn more, read why we started Upsolve in 2016, our reviews from past users, and our press coverage from places like the New York Times and Wall Street Journal.

• Find a Lawyer
• Legal Topics
• Real Estate Law

Mortgage Assignment Laws and Definition

(This may not be the same place you live)

  What is a Mortgage Assignment?

A mortgage is a legal agreement. Under this agreement, a bank or other lending institution provides a loan to an individual seeking to finance a home purchase. The lender is referred to as a creditor. The person who finances the home owes money to the bank, and is referred to as the debtor.

To make money, the bank charges interest on the loan. To ensure the debtor pays the loan, the bank takes a security interest in what the loan is financing — the home itself. If the buyer fails to pay the loan, the bank can take the property through a foreclosure proceeding.

There are two main documents involved in a mortgage agreement. The document setting the financial terms and conditions of repayment is known as the mortgage note. The bank is the owner of the note. The note is secured by the mortgage. This means if the debtor does not make payment on the note, the bank may foreclose on the home. 

The document describing the mortgaged property is called the mortgage agreement. In the mortgage agreement, the debtor agrees to make payments under the note, and agrees that if payment is not made, the bank may institute foreclosure proceedings and take the home as collateral .

An assignment of a mortgage refers to an assignment of the note and assignment of the mortgage agreement. Both the note and the mortgage can be assigned. To assign the note and mortgage is to transfer ownership of the note and mortgage. Once the note is assigned, the person to whom it is assigned, the assignee, can collect payment under the note. 

Assignment of the mortgage agreement occurs when the mortgagee (the bank or lender) transfers its rights under the agreement to another party. That party is referred to as the assignee, and receives the right to enforce the agreement’s terms against the assignor, or debtor (also called the “mortgagor”). 

What are the Requirements for Executing a Mortgage Assignment?

What are some of the benefits and drawbacks of mortgage assignments, are there any defenses to mortgage assignments, do i need to hire an attorney for help with a mortgage assignment.

For a mortgage to be validly assigned, the assignment document (the document formally assigning ownership from one person to another) must contain:

• The current assignor name.
• The name of the assignee.
• The current borrower or borrowers’ names. 
• A description of the mortgage, including date of execution of the mortgage agreement, the amount of the loan that remains, and a reference to where the mortgage was initially recorded. A mortgage is recorded in the office of a county clerk, in an index, typically bearing a volume or page number. The reference to where the mortgage was recorded should include the date of recording, volume, page number, and county of recording.
• A description of the property. The description must be a legal description that unambiguously and completely describes the boundaries of the property.

There are several types of assignments of mortgage. These include a corrective assignment of mortgage, a corporate assignment of mortgage, and a mers assignment of mortgage. A corrective assignment corrects or amends a defect or mistake in the original assignment. A corporate assignment is an assignment of the mortgage from one corporation to another. 

A mers assignment involves the Mortgage Electronic Registration System (MERS). Mortgages often designate MERS as a nominee (agent for) the lender. When the lender assigns a mortgage to MERS, MERS does not actually receive ownership of the note or mortgage agreement. Instead, MERS tracks the mortgage as the mortgage is assigned from bank to bank. 

An advantage of a mortgage assignment is that the assignment permits buyers interested in purchasing a home, to do so without having to obtain a loan from a financial institution. The buyer, through an assignment from the current homeowner, assumes the rights and responsibilities under the mortgage. 

A disadvantage of a mortgage assignment is the consequences of failing to record it. Under most state laws, an entity seeking to institute foreclosure proceedings must record the assignment before it can do so. If a mortgage is not recorded, the judge will dismiss the foreclosure proceeding. 

Failure to observe mortgage assignment procedure can be used as a defense by a homeowner in a foreclosure proceeding. Before a bank can institute a foreclosure proceeding, the bank must record the assignment of the note. The bank must also be in actual possession of the note. 

If the bank fails to “produce the note,” that is, cannot demonstrate that the note was assigned to it, the bank cannot demonstrate it owns the note. Therefore, it lacks legal standing to commence a foreclosure proceeding.

If you need help with preparing an assignment of mortgage, you should contact a mortgage lawyer . An experienced mortgage lawyer near you can assist you with preparing and recording the document.

Save Time and Money - Speak With a Lawyer Right Away

• Buy one 30-minute consultation call or subscribe for unlimited calls
• Subscription includes access to unlimited consultation calls at a reduced price
• Receive quick expert feedback or review your DIY legal documents
• Have peace of mind without a long wait or industry standard retainer
• Get the right guidance - Schedule a call with a lawyer today!

Need a Mortgage Lawyer in your Area?

• Connecticut
• Massachusetts
• Mississippi
• New Hampshire
• North Carolina
• North Dakota
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• West Virginia

Daniel Lebovic

LegalMatch Legal Writer

Original Author

Prior to joining LegalMatch, Daniel worked as a legal editor for a large HR Compliance firm, focusing on employer compliance in numerous areas of the law including workplace safety law, health care law, wage and hour law, and cybersecurity. Prior to that, Daniel served as a litigator for several small law firms, handling a diverse caseload that included cases in Real Estate Law (property ownership rights, residential landlord/tenant disputes, foreclosures), Employment Law (minimum wage and overtime claims, discrimination, workers’ compensation, labor-management relations), Construction Law, and Commercial Law (consumer protection law and contracts). Daniel holds a J.D. from the Emory University School of Law and a B.S. in Biological Sciences from Cornell University. He is admitted to practice law in the State of New York and before the State Bar of Georgia. Daniel is also admitted to practice before the United States Courts of Appeals for both the 2nd and 11th Circuits. You can learn more about Daniel by checking out his Linkedin profile and his personal page. Read More

Jose Rivera

Managing Editor

Preparing for Your Case

• What to Do to Have a Strong Mortgage Law Case
• Top 5 Types of Documents/Evidence to Gather for Your Mortgages Case

Related Articles

• Assumable Mortgages
• Loan Modification Laws
• Behind on Mortgage Payments Lawyers
• Home Improvement Loan Disputes
• Reverse Mortgages for Senior Citizens
• Mortgage Settlement Scams
• Short Sale Fraud Schemes
• Deed of Trust or a Mortgage, What's the Difference?
• Owner Carryback Mortgages
• Contract for Deed Lawyers Near Me
• Mortgage Subrogation
• Property Lien Waivers and Releases
• Different Types of Promissory Notes
• Repayment Schedules for Promissory Notes
• Ft. Lauderdale Condos and Special Approval Loans
• Special Approval Loans for Miami Condos
• Removing a Lien on Property
• Mortgage Loan Fraud
• Subprime Mortgage Lawsuits
• Property Flipping and Mortgage Loan Fraud
• Avoid Being a Victim of Mortgage Fraud
• Second Mortgage Lawyers
• Settlement Statement Lawyers
• Loan Approval / Commitment Lawyers
• Broker Agreement Lawyers
• Truth in Lending Disclosure Statement (TILA)
• Housing and Urban Development (HUD) Info Lawyers
• Good Faith Estimate Lawyers
• Mortgage Loan Documents

Discover the Trustworthy LegalMatch Advantage

• No fee to present your case
• Choose from lawyers in your area
• A 100% confidential service

How does LegalMatch work?

Law Library Disclaimer

16 people have successfully posted their cases

What is a notice of assignment?

An assignment takes place when one party is holding a right to property, claims, bills, lease, etc., of another party and wishes to pass it along (or sell it) to a third party. As complicated as that sounds, it really isn’t. Strangely enough, many assignments can be made under the law without immediately informing, or obtaining the permission, of the personal obligated to perform under the contract. An example of this is when your mortgage is sold to another mortgage company. The original mortgage company may not inform you for several weeks, and they certainly aren’t going to ask your permission to make the sale.

If a person obligated to perform has received notice of the assignment and still insists on paying the initial assignor, the person will still be obligated to pay the new assignee according to the agreement. If the obligated party has not yet been informed of the assignment and pays the original note holder (assignor), the assignor is obligated to turn those funds over to the new assignee. But, what are the remedies if this doesn’t take place? Actually, the new assignee may find themselves in a difficult position if the assignor simply takes off with their funds or payment. They are limited to taking action against the person they bought the note from (assignor) and cannot hold the obligator liable. Therefore, it is important to remember that if any note or obligation is assigned to another party, each party should be well aware of their responsibilities in the transaction and uphold them according to the laws of their state. Assignment forms should be well thought out and written in a manner which prevents the failure of one party against another.

Related posts:

• Does your Agreement Require an Assignment Legal Form?
• Why Every Landlord and Tenant Needs a Lease Agreement
• Why you need a Power of Attorney and How to Assign One

Related Posts

• Seven Slip-and-Fall Accidents FAQs That You Should Know
• What is a mutual non-disclosure agreement?
• Can I use a form to change my name?
• When do I need a mechanic’s lien?

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

CAPTCHA Code *

What Is Assignment of Mortgage: What You Need to Know

We will explore the idea of mortgage assignment in this thorough guide, going over its definition, steps involved, potential consequences, and more. So read on to learn more about this important facet of the real estate market, whether you’re a homeowner, a prospective buyer, or just inquisitive about mortgages.

What is Assignment of Mortgage?

The assignment of mortgage, often simply referred to as mortgage assignment , is a legal process that involves the transfer of a mortgage loan from one party to another. This transfer typically occurs between mortgage lenders or financial institutions and is a common practice within the mortgage industry.

The Key Parties Involved

• Assignor: The person transferring the mortgage is known as the assignor. The initial lender or financial organization that gave the borrower the mortgage loan is often the assignor.
• Assignee: The assignee is the party receiving the mortgage assignment. This could be another lender or financial institution that is buying the mortgage, often as part of a financial transaction.
• Borrower: The borrower is the individual or entity that initially took out the mortgage loan to finance the purchase of a property.

Why is Assignment of Mortgage Necessary?

Assignment of mortgage occurs for various reasons, and it serves specific purposes for all parties involved.

1. Loan Portfolio Management

Mortgage assignment is a common practice used by lenders to better manage their loan portfolios. Lenders might raise funds to offer more loans or issue new mortgages by selling or transferring mortgage loans to other financial organizations. This procedure aids in keeping their portfolios risk-balanced and liquid.

2. Risk Mitigation

Lenders may also assign mortgages to mitigate risk. When they transfer a mortgage to another entity, they are essentially transferring the associated risk as well. This can be a strategic move to reduce their exposure to potential defaults or financial instability.

3. Secondary Mortgage Market

The secondary mortgage market plays a significant role in the assignment of mortgages. Many mortgages are bundled together into mortgage-backed securities (MBS) and sold to investors. Assignment of mortgages allows lenders to participate in this market, which provides additional funding for new mortgage loans.

The Assignment of Mortgage Process

The process of assigning a mortgage, or deciding to sell your mortgage , involves several steps and legal requirements. Here’s a breakdown of the typical process:

1. Agreement between Parties

The assignor (original lender) and assignee (new lender or investor) must enter into a formal agreement outlining the terms and conditions of the new mortgage assignment. This agreement includes details such as the transfer price, terms of the loan, and any specific warranties or representations.

2. Notice to the Borrower

Once the agreement is in place, the borrower is typically notified of the assignment. This notice informs them that the servicing of their mortgage, including collecting monthly mortgage payments, will now be handled by the assignee. The borrower is advised to send future payments to the assignee.

3. Recordation

In many jurisdictions, mortgage assignments must be recorded with the appropriate government office, such as the county recorder’s office. This recordation provides public notice of the transfer and ensures that the assignee has a legal claim on the property.

4. Continuation of Monthly Mortgage Payments

For the borrower, the most noticeable change is the address where monthly payments are sent. Instead of sending payment to the original lender, the borrower will send them to the assignee. It is crucial for borrowers to keep records of these changes to avoid any confusion or missed payments.

Implications of Mortgage Assignment for Borrowers

While the assignment of mortgage primarily involves lenders and investors, it can have implications for borrowers as well. Here are some important considerations for borrowers:

1. No Change in Loan Terms

Borrowers should be aware that the assignment of mortgage does not change the terms of their loan. The interest rate, monthly payments, and other loan terms remain the same. The only change is the entity to which payments are made.

2. Proper Record-Keeping

Borrowers must maintain accurate records of their mortgage payments and correspondence related to the assignment. This helps ensure that payments are correctly credited and can be vital in case of any disputes or issues.

3. Communication with the New Lender

If borrowers have questions or concerns about their mortgage after the assignment, they should reach out to the new lender or servicer. Open and clear communication can help address any issues that may arise during the transition.

4. Property Taxes and Insurance

Borrowers are still responsible for property taxes and homeowner’s insurance, even after the assignment of mortgage. These payments are typically not affected by the transfer of the loan.

The Role of Mortgage Servicers

Mortgage servicers play a crucial role in the assignment of mortgage process. This section will explore the responsibilities of mortgage servicers, their relationship with borrowers, and how they manage mortgage loans on behalf of investors or lenders.

Legal Requirements and Regulations

Assignment is subject to various legal mortgage requirements and regulations that vary by jurisdiction. Discussing these legal aspects will help readers understand the legal framework governing the assignment of mortgages in their region and how it impacts the process.

Impact on Credit and Credit Reporting

The assignment of mortgage can have implications for borrowers’ credit reports and scores. Explore how mortgage assignment can affect credit histories, reporting by credit bureaus, and what borrowers can do to protect their credit during and after the assignment.

Assignment of Mortgage vs. Assumption of Mortgage

Differentiating between assignment of mortgage and assumption of mortgage is important. This section will explain the key differences, where one party takes over the mortgage and liability, while the other party merely transfers the loan to a new lender.

Impact on Property Taxes and Insurance

Taxes and insurance are essential components of homeownership. Explain how the assignment of mortgage may affect property tax payments and the homeowner’s insurance policy, as these are often escrowed into the monthly mortgage payment.

Potential Challenges and Disputes

Discuss common challenges or disputes that can arise during or after the assignment of mortgage, such as miscommunication, incorrect payment processing, or disputes over ownership rights. Offer advice on how to handle and resolve these issues.

Foreclosure and Default Scenarios

In the unfortunate event of mortgage default, understanding how the assignment of mortgage affects foreclosure proceedings is crucial. Explain how the assignee handles foreclosures and what options are available to borrowers facing financial difficulties.

Future Trends and Innovations

Explore emerging trends and innovations in the mortgage industry related to the assignment of mortgages. This could include the use of blockchain technology, digital mortgages, or other advancements that may impact the process.

In the complex world of real estate and mortgage financing , the assignment of mortgage plays a pivotal role in the movement of funds and management of risk. It allows lenders to efficiently manage their portfolios, mitigate risk, and participate in the secondary mortgage market. For borrowers, understanding the process and implications of mortgage assignment is essential to ensure the smooth continuation of their monthly mortgage payments.

As you navigate the world of homeownership or consider entering it, remember that the assignment of mortgage is a routine occurrence designed to benefit all parties involved. By staying informed and maintaining open communication with your lender or servicer, you can ensure that your mortgage loan remains a manageable and secure financial commitment.

In summary, purchase of mortgage is a vital mechanism within the mortgage industry that facilitates the transfer of mortgage loans from one party to another. This process helps lenders manage their portfolios, mitigate risk, and participate in the secondary mortgage market.

For borrowers, it means a change in the entity collecting their monthly mortgage payments but typically does not alter the terms of the original loan. Keeping accurate records and staying informed about the transition are crucial steps to ensure a smooth experience for homeowners. So, whether you’re a homeowner, lender, or investor, understanding assignment of mortgage is key to navigating the real estate landscape effectively.

This article is for informational purposes only and does not constitute legal, tax, or accounting advice.

Written by Alan Noblitt

Leave a comment.

Your email address will not be published. Required fields are marked *

Have a question?

Click the button below, and we will get back to you quickly

• Assignment of Mortgage

Get free proposals from vetted lawyers in our marketplace.

Real Estate Terms Glossary

• Annual Percentage Rate
• Application Fee
• Appreciation
• Assessed Value
• Assumable Mortgage
• Assumption Fee
• Automated Underwriting
• Balance Sheet
• Balloon Mortgage
• Balloon Payment
• Before-tax Income
• Biweekly Payment Mortgage
• Bridge Loan
• Building Code

What is an Assignment of Mortgage?

In real estate, an assignment of mortgage is the transfer of a mortgage, or mortgage note , to another party which typically happens on the servicing side or lender side. This is commonly seen one when lender sells or transfers your mortgage to another lender. Lenders typically have the right to to sell mortgages and assign them to new parties, but don’t typically allow borrowers to do the same. When a borrower transfers their mortgage obligation to a new party, this is called an assumed mortgage.

Assignment of Mortgage Examples

Examples where you will find assignment of mortgages include:

• Example 1. A lender selling your mortgage to another lender for servicing.

Here’s Property Shark’s definition of assignment of mortgage .

ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.

Meet some of our Real Estate Lawyers

Contract attorney who enjoys empowering individuals and businesses with contracts that stand as a fortress against potential disputes and uncertainties. Find peace of mind with prepared agreements ensure that your agreements are enforceable and aligned with your long-term objectives.

I am a licensed attorney in California. I worked as a Contract Manager for the State of California for 14 years, negotiating and developing contracts and grants funded by federal and state government. As an owner of a real estate/property management company and real estate asset manager for corporations, non profit organizations and government entities, I negotiated sales and managements of industrial, commercial, and residential properties including development of contracts, leases, subleases, options, and sales agreements. As an attorney, I have worked on contracts, labor/employment cases, landlord/tenant and probate cases.

Attorney. I love contracts, estate plans, and prenuptial agreements! I would love to help you on the same.

Family Law Attorney

Financial Services, Business, Corporate, Personal Injury, and Healthcare. I've represented fortune 100 companies and defended individuals in personal debt litigation. Wide breadth of experience, ready to assist.

Greetings, I am a Miami based attorney, running a solo practice, looking to expand my reach and help some people out.

Find the best lawyer for your project

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

Real Estate lawyers by city

• Atlanta Real Estate Lawyers
• Austin Real Estate Lawyers
• Boston Real Estate Lawyers
• Chicago Real Estate Lawyers
• Dallas Real Estate Lawyers
• Denver Real Estate Lawyers
• Fort Lauderdale Real Estate Lawyers
• Houston Real Estate Lawyers
• Las Vegas Real Estate Lawyers
• Los Angeles Real Estate Lawyers
• Memphis Real Estate Lawyers
• Miami Real Estate Lawyers
• New York Real Estate Lawyers
• Oklahoma City Real Estate Lawyers
• Orlando Real Estate Lawyers
• Philadelphia Real Estate Lawyers
• Phoenix Real Estate Lawyers
• Richmond Real Estate Lawyers
• Salt Lake City Real Estate Lawyers
• San Antonio Real Estate Lawyers
• San Diego Real Estate Lawyers
• San Francisco Real Estate Lawyers
• Seattle Real Estate Lawyers
• Tampa Real Estate Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

How It Works

Post Your Project

Get Free Bids to Compare

Hire Your Lawyer

Find lawyers and attorneys by city

Assignments: why you need to serve a notice of assignment

It's the day of completion; security is taken, assignments are completed and funds move. Everyone breathes a sigh of relief. At this point, no-one wants to create unnecessary paperwork - not even the lawyers! Notices of assignment are, in some circumstances, optional. However, in other transactions they could be crucial to a lender's enforcement strategy. In the article below, we have given you the facts you need to consider when deciding whether or not you need to serve notice of assignment.

What issues are there with serving notice of assignment?

Assignments are useful tools for adding flexibility to banking transactions. They enable the transfer of one party's rights under a contract to a new party (for example, the right to receive an income stream or a debt) and allow security to be taken over intangible assets which might be unsuitable targets for a fixed charge. A lender's security net will often include assignments over contracts (such as insurance or material contracts), intellectual property rights, investments or receivables.

An assignment can be a legal assignment or an equitable assignment. If a legal assignment is required, the assignment must comply with a set of formalities set out in s136 of the Law of Property Act 1925, which include the requirement to give notice to the contract counterparty.

The main difference between legal and equitable assignments (other than the formalities required to create them) is that with a legal assignment, the assignee can usually bring an action against the contract counterparty in its own name following assignment. However, with an equitable assignment, the assignee will usually be required to join in proceedings with the assignor (unless the assignee has been granted specific powers to circumvent that). That may be problematic if the assignor is no longer available or interested in participating.

Why should we serve a notice of assignment?

The legal status of the assignment may affect the credit scoring that can be given to a particular class of assets. It may also affect a lender's ability to effect part of its exit strategy if that strategy requires the lender to be able to deal directly with the contract counterparty.

The case of General Nutrition Investment Company (GNIC) v Holland and Barrett International Ltd and another (H&B) provides an example of an equitable assignee being unable to deal directly with a contract counterparty as a result of a failure to provide a notice of assignment.

The case concerned the assignment of a trade mark licence to GNIC . The other party to the licence agreement was H&B. H&B had not received notice of the assignment. GNIC tried to terminate the licence agreement for breach by serving a notice of termination. H&B disputed the termination. By this point in time the original licensor had been dissolved and so was unable to assist.

At a hearing of preliminary issues, the High Court held that the notices of termination served by GNIC , as an equitable assignee, were invalid, because no notice of the assignment had been given to the licensee. Although only a High Court decision, this follows a Court of Appeal decision in the Warner Bros Records Inc v Rollgreen Ltd case, which was decided in the context of the attempt to exercise an option.

In both cases, an equitable assignee attempted to exercise a contractual right that would change the contractual relationship between the parties (i.e. by terminating the contractual relationship or exercising an option to extend the term of a licence). The judge in GNIC felt that "in each case, the counterparty (the recipient of the relevant notice) is entitled to see that the potential change in his contractual position is brought about by a person who is entitled, and whom he can see to be entitled, to bring about that change".

In a security context, this could hamper the ability of a lender to maximise the value of the secured assets but yet is a constraint that, in most transactions, could be easily avoided.

Why not serve notice?

Sometimes it's just not necessary or desirable. For example:

• If security is being taken over a large number of low value receivables or contracts, the time and cost involved in giving notice may be disproportionate to the additional value gained by obtaining a legal rather than an equitable assignment.
• If enforcement action were required, the equitable assignee typically has the option to join in the assignor to any proceedings (if it could not be waived by the court) and provision could be made in the assignment deed for the assignor to assist in such situations. Powers of attorney are also typically granted so that a lender can bring an action in the assignor's name.
• Enforcement is often not considered to be a significant issue given that the vast majority of assignees will never need to bring claims against the contract counterparty.

Care should however, be taken in all circumstances where the underlying contract contains a ban on assignment, as the contract counterparty would not have to recognise an assignment that is made in contravention of that ban. Furthermore, that contravention in itself may trigger termination and/or other rights in the assigned contract, that could affect the value of any underlying security.

What about acknowledgements of notices?

A simple acknowledgement of service of notice is simply evidence of the notice having been received. However, these documents often contain commitments or assurances by the contract counterparty which increase their value to the assignee.

Best practice for serving notice of assignment

Each transaction is different and the weighting given to each element of the security package will depend upon the nature of the debt and the borrower's business. The service of a notice of assignment may be a necessity or an optional extra. In each case, the question of whether to serve notice is best considered with your advisers at the start of a transaction to allow time for the lender's priorities to be highlighted to the borrowers and captured within the documents.

For further advice on serving notice of assignment please contact Kirsty Barnes or Catherine Phillips  from our Banking & Finance team.

• [email protected]
• T:  +44 (0)370 733 0605
• Download vCard for  Catherine Phillips

Related Insights & Resources

Gowling WLG updates

Sign up to receive our updates on the latest legal trends and developments that matter most to you.

• Free Consultation: 781-843-2200 Tap Here To Call Us

• Firm Overview
• Practice Areas
• Massachusetts Real Estate Lawyer Blog
• Massachusetts Workers' Compensation Lawyer Blog

• Assignment of Mortgage

Lenders or holders of mortgages often assign them to other lenders. The person or entity that receives the assignment will step into the place of the original lender. An assignment of mortgage should be in the appropriate format to provide notice to others. It should describe the property so that everyone understands which piece of property is attached to the assignment. It should also include the names of the various parties, contact information, and the date of the assignment. When a lender assigns a mortgage to another lender, the document will need to state the identity of the borrower. If a borrower assumes a mortgage, it should identify the lender.

Mortgages are often transferred to other lenders several times before being paid off. Lenders do not need to notify borrowers when selling a mortgage. Borrowers do not have a say in whether the mortgage is sold to another lender. However, the new lender is supposed to notify the borrower of the sale and give the borrower information on how to pay the new lender. In some cases, a borrower can try to renegotiate the terms of the loan, or, if the borrower does not want to continue with the new lender on the loan, the borrower can apply for a new mortgage to pay off the sold loan. When a new borrower assumes a mortgage, however, they must show that they have the financial ability to pay off the mortgage and that they understand the terms of the obligation that they have undertaken.

In Massachusetts, unlike some other jurisdictions, an assignment or mortgage must be in writing and then filed in the Registry of Deeds. A blank assignment is invalid. This is an important point because under case law, if the assignment is blank, a foreclosure sale related to the mortgage will be void. A foreclosing entity must obtain an assignment of mortgage in order to foreclose.

Once a mortgage has been paid, the holder should record a satisfaction in the proper written format to give notice to others that it no longer has a lien on the property.

Our Boston real estate attorneys can help you understand the requirements related to an assignment of mortgage and the consequences of assuming or assigning a mortgage. Our firm also advises and represents sellers, lenders, buyers, and associations in Cambridge, Andover, and Quincy, among other Massachusetts communities. Contact Pulgini & Norton at 781-843-2200 or through our online form for a free consultation with a home mortgage attorney.

• Workers Compensation
• Commercial Property Purchases
• Residential Home Purchases
• Condominium Conversions
• Residential Home Sales
• Conveyancing
• Home Mortgages and Refinancing
• Reverse Mortgages
• Land Use and Zoning Issues
• Short Sales
• Condominium and Homeowners’ Associations Governance
• Lender's Real Estate Services
• Insuring a Home
• Financing a Home
• Taxes & Homes
• Purchase and Sale Agreement
• Role of Real Estate Brokers
• Required Disclosures for Sellers
• Beach Access
• Obtaining Permits
• Offers to Purchase
• Title Reports
• Promissory Notes
• Quitclaim Deeds
• Listing Agreement
• Condominium CC&Rs
• Condominium Master Deeds
• Home Inspections
• Mortgage Pre-Qualification
• Warranty Deeds
• Mortgage Contingency Clauses
• Nonconforming Uses
• Title Insurance
• Clear and Marketable Title
• Declaration of Trust
• Deficiency Waivers
• Release Deeds
• Mortgage Programs for First-Time Buyers
• Making Structural Changes to Your Home
• Priority Liens
• Section 6(d) Certificates
• Undischarged Mortgages
• Septic Systems and Seller Disclosures
• The Massachusetts Condominium Act
• Junior Liens
• Home Equity Conversion Mortgages
• Prepayment Penalty Clauses
• Psychologically Impacted Property
• Proposition 2 1/2
• Mechanics Liens
• Term Reverse Mortgages
• Appeals to the Zoning Board
• Balloon Payment Clauses
• Mortgage Commitment Letters
• Express Covenants
• Insurable Title
• HOA Quorums and Proxies
• Access Easements
• Utility Easements
• Exclusive and Non-Exclusive Listing Agreements
• Recording Deeds and Mortgages
• Prescriptive Easements
• Easements by Implication
• ONE Mortgage Program
• Fixed and Adjustable Interest Rates
• Individual Unit Deeds in Condominiums
• MassHousing Mortgages
• Brokers and Dual Agency
• Condominium Common Charges and Late Fees
• The Role of Property Assessors
• Mortgage Pre-Approval Letters
• HAFA (Home Affordable Foreclosure Alternatives) Program
• Tenure Reverse Mortgages
• Tenancy in Common
• Tenancy by the Entirety
• Joint Tenancy
• Declarations of Homestead
• Drainage Easements
• Easements by Estoppel
• Escalation Clauses
• Insurance Contingency Clauses
• Life Estates
• Joint Purchases and Cobuyer Agreements
• Private Loans in Property Transactions
• Earnest Money Deposits
• Assumable Mortgages
• Transfer Tax Rules
• Annual Percentage Rate
• Escrow Period
• Recurring and Non-Recurring Closing Costs
• Renting with Option to Buy
• Notice of Cancellation
• Temporary Easements
• Public Easements
• Right of Survivorship
• The Registry of Deeds
• Condominium Super-Liens
• Escrow Agents
• Home Affordable Modification Program (HAMP)
• Liquidated Damages Clauses
• Post-Closing Possession / Rent-Back Agreements
• Covenant of Right to Convey
• Kick-Out Clauses
• Covenant of Quiet Enjoyment
• Covenant against Encumbrances
• Covenant of General Warranty
• Covenant of Further Assurances
• Dominant and Servient Estates
• Mortgage Discharge Documents
• Conservation Restrictions
• FAQs for Home Buyers
• FAQs for Home Sellers
• Amending or Extending the Purchase and Sale Agreement
• REO Transactions
• Common Interest Developments
• Counteroffers
• Escrow Instructions
• Hazard Insurance
• Multiple Listing Service
• Home Business Insurance
• Bridge Loans
• Discount Point
• Limited Equity Cooperatives
• Seller Concessions
• Unrestricted Market-Rate Cooperatives
• Biweekly Mortgage Payment Programs
• FAQs for Homeowners’ Associations
• Absorption Rate
• Amortization Schedules
• Backup Offers and Bidding Wars
• Broker Price Opinions
• Comparative Market Analysis
• Home Valuation Code of Conduct
• Lock-in/Rate Lock
• Correspondent Lenders
• Net Proceeds
• Estoppel Certificates
• Float Down Options
• Flood Insurance
• For-Sale-By-Owner (FSBO) Listings
• Jumbo Mortgages
• Loan-to-Value Ratio
• Multi-Property Sales
• Per Diem Charges
• Planned Unit Development (PUD)
• Possession Subject to Home Choice
• Probate Sales
• Procuring Cause Disputes
• Public Offering Statements for Condominiums
• Pocket Listings
• Resale Certificates for Condominiums
• Rescission Notice
• Real Estate Settlement Procedures Act
• Sale-to-List Ratios
• Special Assessments
• Truth in Lending Act
• Turn Key Condition
• Listings Temporarily Off Market
• Underwriter Approval
• Withdrawing a Listing
• Automated Value Model
• Encroachments
• Home Affordable Refinance Program (HARP)
• Renovation/Rehabilitation Loans
• Yield Spread Premium
• Zero Lot Lines
• Mortgage Buydowns
• Cash Out Refinance
• Certificate of Deposit
• Convertible Adjustable Rate Mortgages
• Due on Sale Provisions
• Equal Credit Opportunity Act (ECOA)
• Seller Carry Back
• PITI and PITI Reserves
• Periodic Payment Cap and Periodic Rate Cap
• Origination Fee
• No-Cost Loans
• Negative Amortization
• Lender Fees
• Underwater Mortgages
• Mortgage Servicing Disclosures
• Registered Land
• Use and Occupancy Agreements
• Massachusetts Mandatory Licensee Consumer Relationship Disclosure
• Condominium Verification Provisions
• Continuing Care Retirement Communities
• Escrow Holdback Agreements
• MERS System
• NAR Code of Ethics
• Personal Injury
• Social Security Disability
• Workplace Injuries
• Privacy Policy

Assignment of Mortgage | Boston Real Estate Lawyer Pulgini & Norton

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

• Kreyòl Ayisyen

§ 1024.33 Mortgage servicing transfers.

• View all versions of this regulation
• Search this regulation

(a) Servicing disclosure statement. Within three days (excluding legal public holidays, Saturdays, and Sundays) after a person applies for a reverse mortgage transaction, the lender, mortgage broker who anticipates using table funding, or dealer in a first-lien dealer loan shall provide to the person a servicing disclosure statement that states whether the servicing of the mortgage loan may be assigned, sold, or transferred to any other person at any time. Appendix MS-1 of this part contains a model form for the disclosures required under this paragraph (a). If a person who applies for a reverse mortgage transaction is denied credit within the three-day period, a servicing disclosure statement is not required to be delivered.

1. Terminology. Although the servicing disclosure statement must be clear and conspicuous pursuant to § 1024.32(a), § 1024.33(a) does not set forth any specific rules for the format of the statement, and the specific language of the servicing disclosure statement in appendix MS-1 is not required to be used. The model format may be supplemented with additional information that clarifies or enhances the model language.

2. Delivery to co-applicants. If co-applicants indicate the same address on their application, one copy delivered to that address is sufficient. If different addresses are shown by co-applicants on the application, a copy must be delivered to each of the co-applicants.

3. Lender servicing. If the lender, mortgage broker who anticipates using table funding, or dealer in a first lien dealer loan knows at the time of making the disclosure whether it will service the mortgage loan for which the applicant has applied, the disclosure must, as applicable, state that such entity will service such loan and does not intend to sell, transfer, or assign the servicing of the loan, or that such entity intends to assign, sell, or transfer servicing of such mortgage loan before the first payment is due. In all other instances, a disclosure that states that the servicing of the loan may be assigned, sold, or transferred while the loan is outstanding complies with § 1024.33(a).

See interpretation of 33(a) Servicing disclosure statement. in Supplement I

(b) Notices of transfer of loan servicing —

See interpretation of 33(b) Notices of transfer of loan servicing. in Supplement I

(1) Requirement for notice. Except as provided in paragraph (b)(2) of this section, each transferor servicer and transferee servicer of any mortgage loan shall provide to the borrower a notice of transfer for any assignment, sale, or transfer of the servicing of the mortgage loan. The notice must contain the information described in paragraph (b)(4) of this section. Appendix MS-2 of this part contains a model form for the disclosures required under this paragraph (b).

(2) Certain transfers excluded.

(i) The following transfers are not assignments, sales, or transfers of mortgage loan servicing for purposes of this section if there is no change in the payee, address to which payment must be delivered, account number, or amount of payment due:

(A) A transfer between affiliates;

(B) A transfer that results from mergers or acquisitions of servicers or subservicers;

(C) A transfer that occurs between master servicers without changing the subservicer;

(ii) The Federal Housing Administration (FHA) is not required to provide to the borrower a notice of transfer where a mortgage insured under the National Housing Act is assigned to the FHA.

(3) Time of notice —

1. Delivery. A servicer mailing the notice of transfer must deliver the notice to the mailing address (or addresses) listed by the borrower in the mortgage loan documents, unless the borrower has notified the servicer of a new address (or addresses) pursuant to the servicer's requirements for receiving a notice of a change of address.

See interpretation of Paragraph 33(b)(3). in Supplement I

(i) In general. Except as provided in paragraphs (b)(3)(ii) and (iii) of this section, the transferor servicer shall provide the notice of transfer to the borrower not less than 15 days before the effective date of the transfer of the servicing of the mortgage loan. The transferee servicer shall provide the notice of transfer to the borrower not more than 15 days after the effective date of the transfer. The transferor and transferee servicers may provide a single notice, in which case the notice shall be provided not less than 15 days before the effective date of the transfer of the servicing of the mortgage loan.

(ii) Extended time. The notice of transfer shall be provided to the borrower by the transferor servicer or the transferee servicer not more than 30 days after the effective date of the transfer of the servicing of the mortgage loan in any case in which the transfer of servicing is preceded by:

(A) Termination of the contract for servicing the loan for cause;

(B) Commencement of proceedings for bankruptcy of the servicer;

(C) Commencement of proceedings by the FDIC for conservatorship or receivership of the servicer or an entity that owns or controls the servicer; or

(D) Commencement of proceedings by the NCUA for appointment of a conservator or liquidating agent of the servicer or an entity that owns or controls the servicer.

(iii) Notice provided at settlement. Notices of transfer provided at settlement by the transferor servicer and transferee servicer, whether as separate notices or as a combined notice, satisfy the timing requirements of paragraph (b)(3) of this section.

(4) Contents of notice. The notices of transfer shall include the following information:

(i) The effective date of the transfer of servicing;

(ii) The name, address, and a collect call or toll-free telephone number for an employee or department of the transferee servicer that can be contacted by the borrower to obtain answers to servicing transfer inquiries;

(iii) The name, address, and a collect call or toll-free telephone number for an employee or department of the transferor servicer that can be contacted by the borrower to obtain answers to servicing transfer inquiries;

(iv) The date on which the transferor servicer will cease to accept payments relating to the loan and the date on which the transferee servicer will begin to accept such payments. These dates shall either be the same or consecutive days;

(v) Whether the transfer will affect the terms or the continued availability of mortgage life or disability insurance, or any other type of optional insurance, and any action the borrower must take to maintain such coverage; and

(vi) A statement that the transfer of servicing does not affect any term or condition of the mortgage loan other than terms directly related to the servicing of the loan.

(c) Borrower payments during transfer of servicing —

See interpretation of 33(c) Borrower payments during transfer of servicing. in Supplement I

(1) Payments not considered late. During the 60-day period beginning on the effective date of transfer of the servicing of any mortgage loan, if the transferor servicer (rather than the transferee servicer that should properly receive payment on the loan) receives payment on or before the applicable due date (including any grace period allowed under the mortgage loan instruments), a payment may not be treated as late for any purpose.

1. Late fees prohibited. The prohibition in § 1024.33(c)(1) on treating a payment as late for any purpose would prohibit a late fee from being imposed on the borrower with respect to any payment on the mortgage loan. See RESPA section 6(d) (12 U.S.C. 2605(d)).

2. Compliance with § 1024.39. A transferee servicer's compliance with § 1024.39 during the 60-day period beginning on the effective date of a servicing transfer does not constitute treating a payment as late for purposes of § 1024.33(c)(1).

See interpretation of 33(c)(1) Payments not considered late. in Supplement I

(2) Treatment of payments. Beginning on the effective date of transfer of the servicing of any mortgage loan, with respect to payments received incorrectly by the transferor servicer (rather than the transferee servicer that should properly receive the payment on the loan), the transferor servicer shall promptly either:

(i) Transfer the payment to the transferee servicer for application to a borrower's mortgage loan account, or

(ii) Return the payment to the person that made the payment and notify such person of the proper recipient of the payment.

(d) Preemption of State laws. A lender who makes a mortgage loan or a servicer shall be considered to have complied with the provisions of any State law or regulation requiring notice to a borrower at the time of application for a loan or transfer of servicing of a loan if the lender or servicer complies with the requirements of this section. Any State law requiring notice to the borrower at the time of application or at the time of transfer of servicing of the loan is preempted, and there shall be no additional borrower disclosure requirements. Provisions of State law, such as those requiring additional notices to insurance companies or taxing authorities, are not preempted by section 6 of RESPA or this section, and this additional information may be added to a notice provided under this section, if permitted under State law.

Press Enter to See All Results

• Skip to primary navigation
• Skip to content
• Skip to primary sidebar

Truth in Lending Act Amendment Affecting Mortgage Transfer Disclosures

Summer 2009

As part of the Helping Families Save Their Homes Act (the “Act”), Congress amended Section 131 of the Truth in Lending Act (15 USC § 1641)(“TILA”) to include a new provision (Section 131(g)) that requires the assignee of a mortgage loan to notify a consumer borrower that his loan has been transferred.  This notice requirement became effective immediately upon the President’s signature on May 19, 2009, so steps to implement it should be taken immediately.

For these purposes, a “mortgage loan” means “any consumer credit transaction that is secured by the principal dwelling of a consumer.”  15 USC 1641(g)(2).  Under TILA, a “dwelling” is a one-to-four family residential structure, including a manufactured home or an individual condominium or cooperative unit.  15 USC § 1602(v).  Lien position is not a criterion, so first and junior lien loans will be subject to the transfer notice.  Similarly, there is no distinction made between closed-end open-end loans.  The definition of “mortgage loan” appears to be broad enough to include not only a conventional first mortgage loan, but also a loan or retail installment contract secured by a manufactured home, as well as a home equity loan or line of credit.  A loan secured by the borrower’s vacation home is not a “mortgage loan” for these purposes.

Pursuant to Section 131(g), the new owner or assignee of a mortgage loan must notify the borrower in writing within 30 days after his mortgage loan is sold or otherwise transferred.  The notice must include:

• The assignee’s identity, address and phone number;
• The date of transfer;
• Contact information for an agent or party having authority to act on behalf of the assignee;
• The location of the place where transfer of ownership of the debt is recorded; and
• Any other relevant information regarding the assignee.

15 USC § 1641(g)(1).  The seller of the mortgage loan has no notice obligation under Section 131(g).

An assignee that violates this notice requirement will be subject to civil penalties under Section 130(a) of TILA.  15 USC § 1640(a).  Effective July 31, 2009, the maximum penalty that an individual consumer may recover for a TILA violation in connection with a closed-end loan secured by real property or a dwelling will increase from $2,000 to $4,000.

Section 131(g) is brief and leaves some unanswered questions regarding the required notice.  For example, state laws vary regarding the recordation of the assignment of a note.  In some states (including Louisiana), the transfer or assignment of a real estate-secured note is often not recorded in the public record.  In addition, some lenders avoid the need to record the subsequent assignment of a mortgage loan by naming Mortgage Electronic Registration Systems (“MERS”) as the mortgagee on the security instrument.  In such situations, it is unclear what information should be included in the notice of assignment to correspond to the fourth required item listed above.  The Act’s scant legislative history does not reflect an intent by Congress to mandate recordation of the assignment of a note when state law does not otherwise require it.    Perhaps the “best guess” solution to this question is to indicate, when applicable, that the transfer was not recorded.

Based on comments made while the Act was being debated by the Senate, it appears that Congress intended for the notice to be required only when ownership of the whole note is transferred or assigned.  On this basis, the notice requirement would not be triggered when a creditor sells a loan’s servicing rights but retains ownership of the loan.  However, the Section 131(g) notice should not be confused with the Real Estate Settlement Procedures Act (“RESPA”) notice that must be provided by the transferor and transferee servicers when the servicing of a first mortgage closed-end loan is transferred to a different servicer.  See 24 CFR  § 3500.21(d).

It does not appear that the Federal Reserve Board (“FRB”) will provide any clarification of Section 131(g)’s ambiguities.  While it has the general authority to implement TILA Section 131(g) through Regulation Z, the FRB has indicated that, at least at this point, it does not intend to issue any formal guidance to make compliance with this provision easier.

The mortgage loan transfer notice requirement surprised almost everyone, and what is effectively a 30-day implementation period seems inadequate.  There is good news if it is unlikely that your institution purchases mortgage loans often.  The bad news is that failure to comply could result in civil penalties of up to $4,000.  It is important to act quickly to adopt appropriate procedures to implement this notice requirement.

Attorney Published Article

August 30, 2022

On July 28, 2022, the Board of Governors of the Federal Reserve System published a proposed regulation to implement the Adjustable Interest Rate Act. Due to problems with LIBOR no longer being representative of the underlying borrowing costs of banks that LIBOR was intended to reflect, LIBOR is scheduled to be discontinued on June 30, 2023.

• Find a Lawyer
• Ask a Lawyer
• Research the Law
• Law Schools
• Laws & Regs
• Newsletters
• Justia Connect
• Pro Membership
• Basic Membership
• Justia Lawyer Directory
• Platinum Placements
• Gold Placements
• Justia Elevate
• Justia Amplify
• PPC Management
• Google Business Profile
• Social Media
• Justia Onward Blog
• The Legally Invalid Assignment Defense to Foreclosure

People who are facing the possibility of a foreclosure on their home may want to investigate the history of their mortgage. If the assignment to the foreclosing party is not valid, this may be a viable defense to a foreclosure. In some states, you can demand that the foreclosing party produce a written assignment of the mortgage. If it does not have an assignment or failed to record it as required by state law, this may result in the dismissal of the foreclosure action. Recording rules may require that the foreclosing party record the assignment before starting the foreclosure.

Courts in other states are more lenient in their review of assignments. Since the mortgage is closely associated with the promissory note, the foreclosing party may be allowed to enforce the promissory note even if it cannot produce a valid assignment of the mortgage. You should seek legal guidance in your state to determine whether this defense may be viable.

Homeowners who believe that they may have a defense based on an invalid assignment may wish to consult with a knowledgeable foreclosure lawyer, since this defense can become complicated. Justia offers a lawyer directory to simplify researching, comparing, and contacting attorneys who fit your legal needs.

The Relationship Between Mortgages and Promissory Notes

The mortgage and the promissory note are the two key documents attached to a loan for buying a home. Some purchases involve a deed of trust rather than a mortgage, but they are functionally equivalent in this context. While the promissory note is your guarantee to repay the loan, the mortgage gives the lender the right to foreclose if you do not repay the loan as arranged. The mortgage also identifies the property that will serve as security for the loan. Thus, the two documents work together in establishing the lender’s rights.

The Role of Mortgage Assignments in Loan Transfers

A bank or other lender often will sell a mortgage to another party, which will collect payments and pursue the homeowner if they fail to keep up with the mortgage. To transfer the loan, the original lender will endorse the promissory note to the new owner of the mortgage. This is because collection efforts hinge on owning the promissory note. If the foreclosing party cannot produce the promissory note, the homeowner will have a defense to the foreclosure.

Meanwhile, the new owner will record the assignment of the mortgage. This includes transferring the right to foreclose, as provided by the mortgage, to the new owner. The assignment will provide the amount of the mortgage and the names of the homeowner, the original lender, and the new owner of the mortgage. It also will contain a description of the property attached to the mortgage and the date when the mortgage took effect.

An invalid assignment defense may only be a temporary solution until the new owner records an assignment in their name.

The mortgage industry uses a tool known as the Mortgage Electronic Registration System (MERS) to keep track of assignments. MERS may be a nominee for the lender, or it may receive the mortgage as an assignment. If MERS is the current assignee, it cannot pursue a foreclosure because it does not have an interest in the promissory note. MERS simply serves as an agent for the current owner of the mortgage and assists in creating a record for transfers of the mortgage. This allows banks to more easily transfer loans among them without creating a new assignment each time. You may have a defense against a foreclosure action if MERS is listed as the owner of the mortgage. However, this likely will be only a temporary solution until the new owner records an assignment in their name.

Last reviewed October 2023

Foreclosure Law Center Contents   

• Foreclosure Law Center
• Errors and Abuses by Mortgage Servicers & Your Legal Rights
• Foreclosure Trustees & Their Legal Obligations
• Strict Foreclosure Laws
• Expedited Foreclosure Laws & Procedures
• Tax Debt Leading to Foreclosure & Legal Concerns
• Homeowners' Association Liens Leading to Foreclosure & Other Legal Concerns
• Timeshare Foreclosures & the Legal Process
• Investment Property Foreclosures & Your Legal Options
• Manufactured Home Foreclosures & Relevant Legal Concerns
• The Right of Redemption Before and After a Foreclosure Sale Under the Law
• Reinstatement and Payoff to Prevent Foreclosure & Your Legal Rights
• Fannie Mae and Freddie Mac Foreclosure Prevention Strategies
• Divorce and Foreclosure Prevention — Legal & Practical Considerations
• Natural Disasters and Legal Options for Foreclosure Prevention
• Federal Mortgage Servicing Laws Protecting Homeowners
• Fighting a Foreclosure — Legal Options and Issues
• Homeowners' Legal Rights Before, During, and After Foreclosure
• How Liens and Second Mortgages May Legally Affect Foreclosure
• Foreclosure Scams — Legal Concerns & Consumer Protections
• Judicial vs. Non-Judicial Foreclosure Under the Law
• Fighting a Foreclosure in Court & Legal Strategies
• Delaying a Foreclosure
• The Statute of Limitations Defense Under Foreclosure Law
• Using the Legally Defective Affidavit or Declaration Defense to Foreclosure
• Setting Aside a Foreclosure Sale
• Challenging Fees in Foreclosure
• Mortgage Servicing Rules, the FDCPA, and Your Legal Rights
• Working With a Foreclosure Lawyer
• Alternatives to Foreclosure — Legal & Financial Considerations
• Foreclosure Laws and Procedures: 50-State Survey
• Foreclosure Law FAQs for Consumers
• Find a Foreclosure Defense Lawyer

Related Areas   

• Home Ownership Legal Center
• Bankruptcy Law Center
• Debt Relief & Management Legal Center
• Consumer Protection Law Center
• Landlord - Tenant Law Center
• Related Areas
• Bankruptcy Lawyers
• Business Lawyers
• Criminal Lawyers
• Employment Lawyers
• Estate Planning Lawyers
• Family Lawyers
• Personal Injury Lawyers
• Estate Planning
• Personal Injury
• Business Formation
• Business Operations
• Intellectual Property
• International Trade
• Real Estate
• Financial Aid
• Course Outlines
• Law Journals
• US Constitution
• Regulations
• Supreme Court
• Circuit Courts
• District Courts
• Dockets & Filings
• State Constitutions
• State Codes
• State Case Law
• Legal Blogs
• Business Forms
• Product Recalls
• Justia Connect Membership
• Justia Premium Placements
• Justia Elevate (SEO, Websites)
• Justia Amplify (PPC, GBP)
• Testimonials

St. Philaret of Moscow: Daily Prayer and Prayer of the Prisoner

St. Philaret of Moscow

St. Philaret left a voluminous inheritance of what can be truly called patristic works. He also composed prayers, 1 one of which has become a part of many people’s morning prayers . It is a prayer not for what we want, but for what God wills—that He would always be before us, working in us His Holy will. 2

Morning Prayer of Metropolitan Philaret of Moscow

O Lord, I do not know what to ask of Thee. Thou alone knowest what I need. Thou lovest me more than I know how to love myself. O Father, grant Thy servant what I myself do not know how to ask. I do not dare to ask a cross of Thee, nor consolation; I only stand before Thee with my heart open; Thou seest the needs that I myself do not know. Look, and work in me according to Thy mercy; smite and heal me, cast me down and raise me up! I am reverent and silent before Thy holy will and ways that are unfathomable to me. I offer myself as a sacrifice to Thee; teach me to pray. Do Thou Thyself pray in me. Amen.

Another prayer attributed to the illustrious hierarch was written for prisoners , who although they have been incarcerated for crimes committed, especially need help from the Lord to bear the difficulty of their penitentiary life. But aren’t we are all seemingly prisoners of circumstances that surround us—family troubles, job loss or difficulty, rocky relationships, poverty, and any other thing that makes us feel like there is no way out? But we can pray to God with these words, that He would give us comfort and the strength to endure everything for the sake of cleansing our own sins, which have most likely brought us to these situations.

Prayer of the Prisoner

O my Lord God and Savior, blessed be Thy holy name!

Thanksgiving and praise be to Thee O Lord, for all the blessings I have received from Thee in this life. Sorrow and sickness have overtaken me, and I call upon Thy name. Reproach has fallen upon me. Thou hast laid me in the pit of hades, in the darkness and house of the dead. I sorrow for this, and I understand that I have this sorrow because I have sinned before Thee, and for my sins have these afflictions come upon me. For Thy righteous ones were not downcast, and even in prisons called out to Thee, and rejoiced in sufferings.

For if Thous shouldst mark iniquities, O Lord, O Lord, who shall stand? For there is no man that hath not sinned. But Thou, O Lord, dost bear the sins of the world and cleansest through repentance. I believe, for thou hast not turned even me, a sinner, away from Thy Face. Thy Only Begotten Son didst pour out His blood for the whole world. I believe that He can cleanse even me from my sins, and desires this.

Therefore with David I say: I will confess mine iniquities before the Lord against myself. And Thou forgavest the ungodliness of my heart. I fear the judge and judgment of man, but even more do I fear Thy irrevocable judgment and eternal condemnation. For unrighteousness has risen up against me; I make bold to pray to Thee with David’s words: Hearken O Lord unto my righteousness, and hear my judgment, and deliver me by Thy righteousness.

For although I have committed unrighteousness, heal my unrighteousness by Thy mercy. Do not allow my heart to incline to deceitful words, to hiding the truth, and false justification. Help me to understand and to hate my unrighteousness, to love righteousness, and in truth surround my soul with comfort. Ease the burden of my afflictions. Endure also me, the condemned, that I may endure with patience for the sake of cleansing my sins and for the sake of Thy merciful, righteous judgment.

For if shame has covered me before certain people, may I endure it with humility; may I receive They mercy, O Lord, and may I not be put to shame before the face of the world at Thy Dread [Last] Judgment.

I come to Thee woeful and sorrowful; deprive me not of Thy spiritual consolation. I come to Thee darkened; show me the light of hope for salvation. I fall down before Thee in exhaustion; raise me up and confirm me in Thy grace.

And above all grant me the desire and help me, O Lord, in everything to do Thy will; that in peace I may glorify Thy holy name, of the Father, and the Son, and the Holy Spirit. Amen.

1   The translations of these prayers given in this post are our own (not official).

2   When searching in Google for the “Prayer of St. Philaret of Moscow”, one seems always to find not this prayer, but the prayer of the Optina Elders: “O Lord, grant me to greet the coming day in peace, help me in all things to rely upon Your holy will. In every hour of the day reveal Your will to me. Bless my dealings with all who surround me. Teach me to treat all that comes to me throughout the day with peace of soul and with firm conviction that Your will governs all. In all my words and deeds, guide my thoughts and feelings. In unforeseen events, let me not forget that all are sent by You. Teach me to act firmly and wisely, without embittering and embarrasssing others. Give me strength to bear the fatigue of the coming day with all that it shall bring. Direct my will, teach me to pray. And, Yourself, pray in me. Amen.” These prayers are very similar.

Characters remaining: 4000

Subscribe to our mailing list

• Orthodoxy Today
• Homilies and Spiritual Instruction
• Saints. Asceties of Piety. Church Holy Days
• Churches and Monasteries
• Church History
• Coming to Orthodoxy
• Sretensky Monastery
• Orthodoxy Around the World
• Suffering Church
• Church and State
• Marriage and Family
• Photogalleries

• Politics & Social Sciences
• Politics & Government

Enjoy fast, free delivery, exclusive deals, and award-winning movies & TV shows with Prime Try Prime and start saving today with fast, free delivery

Amazon Prime includes:

Fast, FREE Delivery is available to Prime members. To join, select "Try Amazon Prime and start saving today with Fast, FREE Delivery" below the Add to Cart button.

• Cardmembers earn 5% Back at Amazon.com with a Prime Credit Card.
• Unlimited Free Two-Day Delivery
• Streaming of thousands of movies and TV shows with limited ads on Prime Video.
• A Kindle book to borrow for free each month - with no due dates
• Listen to over 2 million songs and hundreds of playlists
• Unlimited photo storage with anywhere access

Important:  Your credit card will NOT be charged when you start your free trial or if you cancel during the trial period. If you're happy with Amazon Prime, do nothing. At the end of the free trial, your membership will automatically upgrade to a monthly membership.

Buy new: .savingPriceOverride { color:#CC0C39!important; font-weight: 300!important; } .reinventMobileHeaderPrice { font-weight: 400; } #apex_offerDisplay_mobile_feature_div .reinventPriceSavingsPercentageMargin, #apex_offerDisplay_mobile_feature_div .reinventPricePriceToPayMargin { margin-right: 4px; } -17% $19.05 $ 19 . 05 FREE delivery June 10 - July 12 on orders shipped by Amazon over $35 Ships from: Amazon.com Sold by: Amazon.com

Return this item for free.

Free returns are available for the shipping address you chose. You can return the item for any reason in new and unused condition: no shipping charges

• Go to your orders and start the return
• Select the return method

Save with Used - Very Good .savingPriceOverride { color:#CC0C39!important; font-weight: 300!important; } .reinventMobileHeaderPrice { font-weight: 400; } #apex_offerDisplay_mobile_feature_div .reinventPriceSavingsPercentageMargin, #apex_offerDisplay_mobile_feature_div .reinventPricePriceToPayMargin { margin-right: 4px; } $12.25 $ 12 . 25 FREE delivery May 21 - 30 Ships from: Libup Books! Sold by: Libup Books!

Download the free Kindle app and start reading Kindle books instantly on your smartphone, tablet, or computer - no Kindle device required .

Read instantly on your browser with Kindle for Web.

Using your mobile phone camera - scan the code below and download the Kindle app.

Follow the author

Image Unavailable

• To view this video download Flash Player

Assignment Moscow: Reporting on Russia from Lenin to Putin Paperback – May 18, 2023

Purchase options and add-ons.

The story of western correspondents in Russia is the story of Russia's attitude to the west. Russia has at different times been alternately open to western ideas and contacts, cautious and distant or, for much of the twentieth century, all but closed off. From the revolutionary period of the First World War onwards, correspondents in Russia have striven to tell the story of a country known to few outsiders. Their stories have not always been well received by political elites, audiences, and even editors in their own countries-but their accounts have been a huge influence on how the West understands Russia. Not always perfect, at times downright misleading, they have, overall, been immensely valuable. In Assignment Moscow , former foreign correspondent James Rodgers analyses the news coverage of Russia throughout history, from the coverage of the siege of the Winter Palace and a plot to kill Stalin, to the Chernobyl explosion and the Salisbury poison scandal.

• Print length 280 pages
• Language English
• Publisher Bloomsbury Academic
• Publication date May 18, 2023
• Dimensions 6.15 x 0.85 x 9.15 inches
• ISBN-10 1350356107
• ISBN-13 978-1350356108
• See all details

Editorial Reviews

“ Assignment Moscow exposes how the Moscow correspondent has had to adapt to multiple manifestations of censorship, or compete with state-run media, the severity of which has ebbed and flowed with changes in regime.” ― History Today “Rodgers's narrative rests on an enormous number of articles in Anglo-American media, books by and about journalists, and his own interviews with many Moscow correspondents.” ― Foreign Affairs Magazine “Rodgers retains his focus on the correspondent's interactions with Russia and Russians, rather than being sidetracked into discussions of normative values or political controversy. This approach prepares the reader for the conclusion, which celebrates the openness and curiosity of the best Russia correspondents, reminding the reader that what they have just read is a history not of Russia but of how Western correspondents have told Russia's stories. Differentiating the two is an important and hitherto neglected task but one that James Rodgers has achieved masterfully.” ― Journalism “Reporting from Russia has never been easy; Rodgers vividly captures the changing fortunes of Moscow correspondents over the past hundred years, as they penetrated the mysteries of life in Russia and brought them to our newspapers and screens. Some were duped, some were fellow-travellers or spies; most battled against censors and blank-faced politicians; all have helped to shape our understanding of the world's biggest country.” ― Angus Roxburgh, former Moscow correspondent for the BBC, Sunday Times and Economist “Writing about journalism in Russia since the revolution, James Rodgers rightly emphasises that to understand Russia you have to talk to people of all kinds. But he argues that even correspondents who knew the language and the history found it hard to report dispassionately because of official obstruction and their own emotional involvement.” ― Rodric Braithwaite “A highly original, engrossing and accessible book, Assignment Moscow stands out among journalistic accounts of Russia for its subtlety, humility and historic scope. It tells the story of British and American journalists who aimed to throw light on Russia from Lenin to Putin, and in the process illuminated the West itself.” ― Arkady Ostrovsky, Author of The Invention of Russia: The Rise of Putin and the age of Fake News, Winner of the 2016 Orwell Prize “It is hard to believe that in the torrent of books published on Russia each year, that one could come along as original and valuable as Assignment Moscow. One comes to appreciate the service of our reporting men and women in Moscow. For all their fallibilities, without their dedication, we wouldn't have half the understanding of Russia that we have today, imperfect as it will always be. We therefore owe them – and especially Rodgers as journalist, teacher, analyst and cataloguer – a huge debt.” ― James Nixey, Chatham House “[Rodgers'] experience has been wisely distilled in this fair-minded, balanced and perceptive exploration of the problems reporters have faced in trying to report from Russia.” ― British Journalism Review “Reveals how journalists' experiences reporting from Russia for the past 100 years mirrors its changing attitude to the West.” ― The Journalist

About the Author

Product details.

• Publisher ‏ : ‎ Bloomsbury Academic (May 18, 2023)
• Language ‏ : ‎ English
• Paperback ‏ : ‎ 280 pages
• ISBN-10 ‏ : ‎ 1350356107
• ISBN-13 ‏ : ‎ 978-1350356108
• Item Weight ‏ : ‎ 15.5 ounces
• Dimensions ‏ : ‎ 6.15 x 0.85 x 9.15 inches
• #966 in Media & Internet in Politics (Books)
• #1,016 in Russian & Soviet Politics
• #4,599 in Journalist Biographies

About the author

James rodgers.

James Rodgers writes books on international affairs, especially armed conflict. His work has a focus on how the stories of those events are told to the world. Much of his writing draws on his own experience reporting from the former Soviet Union and the Middle East as a journalist from the 1990s onwards. During his BBC career (1995-2010), James completed postings in Moscow, Brussels, and Gaza where, from 2002-2004, he was the only international correspondent based in the territory. His numerous other assignments included New York and Washington following the September 11th attacks; reporting from Iraq in 2003 and 2004 during the United States-led invasion; and covering the wars in Chechnya.

James now lectures in International Journalism at City, University of London. He still works as a journalist, too--contributing work to the BBC, NBC Think, Forbes.com, Monocle Radio, and others.

Customer reviews

Customer Reviews, including Product Star Ratings help customers to learn more about the product and decide whether it is the right product for them.

To calculate the overall star rating and percentage breakdown by star, we don’t use a simple average. Instead, our system considers things like how recent a review is and if the reviewer bought the item on Amazon. It also analyzed reviews to verify trustworthiness.

• Sort reviews by Top reviews Most recent Top reviews

Top review from the United States

There was a problem filtering reviews right now. please try again later..

Top reviews from other countries

• Amazon Newsletter
• About Amazon
• Accessibility
• Sustainability
• Press Center
• Investor Relations
• Amazon Devices
• Amazon Science
• Sell on Amazon
• Sell apps on Amazon
• Supply to Amazon
• Protect & Build Your Brand
• Become an Affiliate
• Become a Delivery Driver
• Start a Package Delivery Business
• Advertise Your Products
• Self-Publish with Us
• Become an Amazon Hub Partner
• › See More Ways to Make Money
• Amazon Visa
• Amazon Store Card
• Amazon Secured Card
• Amazon Business Card
• Shop with Points
• Credit Card Marketplace
• Reload Your Balance
• Amazon Currency Converter
• Your Account
• Your Orders
• Shipping Rates & Policies
• Amazon Prime
• Returns & Replacements
• Manage Your Content and Devices
• Recalls and Product Safety Alerts
• Conditions of Use
• Privacy Notice
• Consumer Health Data Privacy Disclosure
• Your Ads Privacy Choices

This is a site about the books and other writing by James Rodgers, author of Assignment Moscow: Reporting on Russia From Lenin to Putin ( new edition 2023 ; first published July 2020); Headlines from the Holy Land (2015 and 2017); No Road Home: Fighting for Land and Faith in Gaza (2013); Reporting Conflict (2012). My work looks at how stories of international affairs, especially armed conflict, are told to the world.

I am an author and journalist. During two decades of covering international news, I reported on the end of the Soviet Union; the wars in Chechnya; the coming to power of Vladimir Putin; 9/11; the Israeli-Palestinian conflict; the 2003 war in Iraq; Russia’s war with Georgia in 2008. I completed correspondent postings for the BBC in Moscow, Brussels, and Gaza. I now teach in the Journalism Department at City, University of London.

Now Out: Assignment Moscow ‘Beautifully written, fascinating throughout’

MY NEW BOOK , Assignment Moscow: Reporting on Russia from Lenin to Putin has now been published in the U.S. and the U.K.

You can order copies, and read more about the book, here for the U.K, edition ( here for the U.S. edition).

These are the reviews so far

“Reporting from Russia has never been easy; Rodgers vividly captures the changing fortunes of Moscow correspondents over the past hundred years, as they penetrated the mysteries of life in Russia and brought them to our newspapers and screens. Some were duped, some were fellow-travellers or spies; most battled against censors and blank-faced politicians; all have helped to shape our understanding of the world’s biggest country.” –  Angus Roxburgh, former Moscow correspondent for the BBC, Sunday Times and Economist

“Writing about journalism in Russia since the revolution, James Rodgers rightly emphasises that to understand Russia you have to talk to people of all kinds. But he argues that even correspondents who knew the language and the history found it hard to report dispassionately because of official obstruction and their own emotional involvement.” –  Rodric Braithwaite

“A highly original, engrossing and accessible book, Assignment Moscow stands out among journalistic accounts of Russia for its subtlety, humility and historic scope. It tells the story of British and American journalists who aimed to throw light on Russia from Lenin to Putin, and in the process illuminated the West itself.” –  Arkady Ostrovsky, Author of The Invention of Russia: The Rise of Putin and the age of Fake News, Winner of the 2016 Orwell Prize

“It is hard to believe that in the torrent of books published on Russia each year, that one could come along as original and valuable as Assignment Moscow. One comes to appreciate the service of our reporting men and women in Moscow. For all their fallibilities, without their dedication, we wouldn’t have half the understanding of Russia that we have today, imperfect as it will always be. We therefore owe them – and especially Rodgers as journalist, teacher, analyst and cataloguer – a huge debt.” –  James Nixey, Chatham House

I was also delighted to get this endorsement on Twitter from Peter Frankopan, Professor of Global History at the University of Oxford, and author of The Silk Roads and The New Silk Roads .

Beautifully written, fascinating throughout – and very timely. Happy publication day ⁦ @jmacrodgers ⁩ ! #AssignmentMoscow pic.twitter.com/WY4xlYL6ZR — Peter Frankopan (@peterfrankopan) July 23, 2020

I will be talking about the book at a number of events planned for September onwards. I will share details here when they are available.

I am very happy to talk at book festivals, to universities, think tanks, conferences etc. Please get in touch if you are interested–contact details below, or via the publisher, I.B. Tauris, part of Bloomsbury .

Share this: