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- It is the process of transferring the right of the assignor to the assignee, who would
then be allowed to proceed against the debtor.
- It involves no transfer of ownership but merely effects the transfer rights which the
assignor has at the time , to the assignee.
- The assignee, having been deemed subrogated to the rights and obligations of the
assignor, is bound by the same restrictions/conditions the latter is bound.
- The assignee cannot acquire greater right than that pertaining to the assignor. At
most, an assignee can only acquire rights duplicating those which his assignor is
entitled by law to exercise.
- It must be signed by witnesses.
- It does not involve any consideration
- It is a legal document that transfers the interest of the owner of that interest to the
person to whom it is assigned, the assignee.
- When ownership is transferred, the deed of assignment shows the new legal owner
of the property.
- In real estate, the deed of assignment often shows up in mortgage transactions.
Mortgage lenders hold certain rights to property, notably the right to foreclose if the
borrower fails to make payments. Lenders frequently wish to sell or purchase rights
in a mortgaged property. The deed of assignment transfers or “assigns” the seller’s
rights in the property to another lender.
MORTGAGE/ENCUMBRANCE
- It is deemed as an exercise of right of ownership over the property considering that
only owners of certain properties may mortgage the same.
- By mortgaging a piece of property, a debtor merely subjects it to lien but ownership
thereof is not parted with.