Loan Assignment Agreement for the United States

Loan Assignment Agreement Template for United States

A Loan Assignment Agreement is a legal document used in the United States that facilitates the transfer of rights and obligations under a loan from one party (assignor) to another (assignee). This agreement, governed by U.S. federal and state laws, particularly the Uniform Commercial Code, documents the terms and conditions of the loan transfer, including purchase price, representations and warranties, and regulatory compliance requirements. It ensures proper documentation of the transaction and protects the interests of all parties involved.

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What is a Loan Assignment Agreement?

The Loan Assignment Agreement is a crucial document used when transferring loan interests between parties in the United States. It's commonly employed in loan portfolio sales, debt restructuring, or when financial institutions need to transfer loan assets. The agreement covers essential elements such as the identification of the loan being assigned, purchase price, representations about the loan's status, and compliance with applicable regulations. This document is particularly important in ensuring compliance with U.S. banking regulations and the Uniform Commercial Code, while providing clear documentation of the transfer of rights and obligations.

What sections should be included in a Loan Assignment Agreement?

1. Parties: Identification of assignor, assignee, and borrower (if applicable)

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

3. Definitions: Key terms used throughout the agreement including defined terms from relevant legislation

4. Assignment: Core terms of the assignment including rights and obligations being transferred

5. Purchase Price: Consideration for the assignment and payment terms

6. Representations and Warranties: Statements of fact by assignor regarding the loan, its validity, and compliance with laws

7. Closing Conditions: Requirements for completing the assignment including deliverables and timing

8. Further Assurance: Obligations to execute additional documents and take further steps if needed

9. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction over disputes

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

1. Security Provisions: Details of any security arrangements and transfer of security rights

2. Servicing Arrangements: Terms for ongoing loan servicing and administration

3. Regulatory Compliance: Specific regulatory requirements and compliance obligations

4. Tax Provisions: Allocation of tax responsibilities and requirements

5. Indemnification: Terms for indemnifying parties against losses or claims

What schedules should be included in a Loan Assignment Agreement?

1. Schedule 1 - Loan Details: Detailed information about the loan being assigned including principal amount, interest rate, maturity date

2. Schedule 2 - Form of Notice to Borrower: Template for notifying borrower of the assignment

3. Schedule 3 - Transfer Documents: Forms and documents required for transferring the loan

4. Schedule 4 - Due Diligence Schedule: List of documents reviewed and confirmations obtained

5. Schedule 5 - Existing Security: Details of any existing security arrangements and related documents

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

Cost

Free to use
Industries

Uniform Commercial Code (UCC): Key articles including Article 9 (Secured Transactions), Article 3 (Negotiable Instruments), and Article 2 (Sales) that govern commercial transactions and transfers

Truth in Lending Act (TILA): Federal law requiring disclosure of credit terms and standardizing the manner in which costs associated with borrowing are calculated and disclosed

Fair Credit Reporting Act (FCRA): Federal law regulating the collection, dissemination, and use of consumer credit information

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in credit transactions based on various protected characteristics

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

State Usury Laws: State-specific regulations governing maximum interest rates and related charges that can be applied to loans

Securities Laws: Including Securities Act of 1933, Securities Exchange Act of 1934, and state Blue Sky laws, applicable if the loan assignment could be considered a security

Dodd-Frank Act: Wall Street Reform and Consumer Protection Act affecting financial institutions and their operations, including loan assignments

Bank Secrecy Act: Federal law requiring financial institutions to assist government agencies in detecting and preventing money laundering

Common Law Principles: Fundamental legal principles including contract law, assignability restrictions, notice requirements, and consideration requirements

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

Privacy and Data Protection Laws: Regulations governing the handling and protection of personal and financial information during loan assignments

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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