Simple Loan Assignment Agreement for the United Kingdom

Simple Loan Assignment Agreement Template for United States

A Simple Loan Assignment Agreement is a legal document used in the United States to transfer the rights and obligations of a loan from one party (the assignor) to another (the assignee). This agreement documents the terms of the transfer, including the consideration paid, representations about the loan's status, and any applicable security interests. It ensures compliance with U.S. federal and state lending laws, including UCC requirements.

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What is a Simple Loan Assignment Agreement?

The Simple Loan Assignment Agreement is commonly used when lenders need to transfer their rights in a loan to another party. This might occur during portfolio sales, debt restructuring, or business reorganizations. The document specifies the terms of transfer, ensuring compliance with U.S. federal and state regulations, including UCC requirements. It typically includes details about the original loan, the consideration for the assignment, and any necessary representations and warranties.

What sections should be included in a Simple Loan Assignment Agreement?

1. Parties: Identification of Assignor, Assignee, and original borrower

2. Background/Recitals: Details of the original loan agreement and reason for assignment

3. Definitions: Key terms used throughout the agreement including Loan Agreement, Assignment Date, Assigned Rights

4. Assignment: Core provision transferring rights from Assignor to Assignee

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

6. Representations and Warranties: Assignor's statements about loan status, authority to assign, and other warranties

7. Governing Law: Jurisdiction governing the agreement and relevant UCC provisions

What sections are optional to include in a Simple Loan Assignment Agreement?

1. Security Interest Provisions: Required if the loan is secured by collateral - includes transfer of security interests and recording requirements

2. Borrower Consent: Section for borrower acknowledgment when required by original loan agreement or applicable law

3. Further Assurance: Commitment to execute additional documents if needed for perfecting the assignment

4. Indemnification: Protection against claims arising pre-assignment and allocation of liabilities

What schedules should be included in a Simple Loan Assignment Agreement?

1. Schedule A - Original Loan Agreement: Copy of the loan agreement being assigned

2. Schedule B - Payment Schedule: Details of remaining payments under the loan including principal and interest

3. Schedule C - Security Documents: If applicable, documents relating to collateral and security interests

4. Schedule D - Notice to Borrower: Form of notice informing borrower of the assignment of loan

Authors

Alex Denne

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

Jurisdiction

United States

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Industries

UCC Article 9: Uniform Commercial Code Article 9 governing secured transactions, which is crucial for assignments involving secured loans and the transfer of security interests

UCC Article 3: Uniform Commercial Code Article 3 covering negotiable instruments, which may be relevant if the loan involves promissory notes

UCC Article 2: Uniform Commercial Code Article 2 on sales, which may have relevant principles for the transfer of rights

Truth in Lending Act: Federal law requiring disclosure of credit terms and protecting consumers in credit transactions

Fair Credit Reporting Act: Federal law regulating the collection and use of consumer credit information

Fair Debt Collection Practices Act: Federal law establishing legal protection from abusive debt collection practices

CFPB Regulations: Consumer Financial Protection Bureau regulations governing consumer financial products and services

State Contract Laws: State-specific laws governing contract formation, enforcement, and interpretation

State Usury Laws: State-specific laws regulating maximum interest rates and related loan terms

State Assignment Regulations: State-specific rules governing the assignment and transfer of contractual rights

State Consumer Protection Laws: State-specific laws designed to protect consumers in financial transactions

Notice Requirements: Legal requirements for notifying the original borrower of the loan assignment

Consent Requirements: Any necessary consents required from original parties for the assignment to be valid

Recording Requirements: Legal requirements for recording or filing the assignment, particularly relevant for secured loans

Common Law Assignment Rules: Traditional legal principles governing the assignment of rights and delegation of duties

Teams

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

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