Understanding the Assignment of Guaranteed Portion in Loan Agreements

Definition & meaning

The assignment of guaranteed portion refers to the process where a lender transfers their right to receive payments on a guaranteed loan to another party. This typically occurs in exchange for a payment equal to the guaranteed principal of the loan. The lender retains the unguaranteed portion of the loan and may receive a servicing fee from the new party, known as the assignee, to manage the loan and handle payment processing as per a written agreement. This assignment can be transferred or sold multiple times.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A bank holds a guaranteed loan for a farmer. The bank decides to sell the guaranteed portion of the loan to an investor while retaining the unguaranteed portion. The investor pays the bank the guaranteed principal amount and receives the right to payments from the farmer.

Example 2: A lender assigns the guaranteed portion of a loan to another financial institution, which then collects payments from the borrower and pays a servicing fee to the original lender. (hypothetical example)

Comparison with related terms

Term Definition Key Differences
Guaranteed Loan A loan backed by a government agency. The loan is guaranteed, while the assignment refers to transferring the right to receive payments.
Loan Assignment The transfer of the entire loan obligation to another party. Assignment of guaranteed portion specifically refers to the guaranteed part of the loan.

What to do if this term applies to you

If you are involved in a loan that may be assigned, review your loan agreement carefully. It may be beneficial to consult with a legal professional to understand your rights and obligations. Additionally, you can explore US Legal Forms for templates that can help you navigate the assignment process effectively.

Quick facts

Attribute Details
Typical Fees Servicing fees may apply, depending on the agreement.
Jurisdiction Federal regulations apply, particularly under the Farm Service Agency guidelines.
Possible Penalties Failure to comply with assignment agreements may lead to legal disputes.

Key takeaways

FAQs

It is the process where a lender transfers their right to receive payments on a guaranteed loan to another party.