assignment must be by deed

Deed of Assignment: Everything You Need to Know

A deed of assignment refers to a legal document that records the transfer of ownership of a real estate property from one party to another. 3 min read updated on January 01, 2024

Updated October 8,2020:

A deed of assignment refers to a legal document that records the transfer of ownership of a real estate property from one party to another. It states that a specific piece of property will belong to the assignee and no longer belong to the assignor starting from a specified date. In order to be valid, a deed of assignment must contain certain types of information and meet a number of requirements.

What Is an Assignment?

An assignment is similar to an outright transfer, but it is slightly different. It takes place when one of two parties who have entered into a contract decides to transfer all of his or her rights and obligations to a third party and completely remove himself or herself from the contract.

Also called the assignee, the third party effectively replaces the former contracting party and consequently assumes all of his or her rights and obligations. Unless it is stated in the original contract, both parties to the initial contract are typically required to express approval of an assignment before it can occur. When you sell a piece of property, you are making an assignment of it to the buyer through the paperwork you sign at closing.

What Is a Deed of Assignment?

A deed of assignment refers to a legal document that facilitates the legal transfer of ownership of real estate property. It is an important document that must be securely stored at all times, especially in the case of real estate.

In general, this document can be described as a document that is drafted and signed to promise or guarantee the transfer of ownership of a real estate property on a specified date. In other words, it serves as the evidence of the transfer of ownership of the property, with the stipulation that there is a certain timeframe in which actual ownership will begin.

The deed of assignment is the main document between the seller and buyer that proves ownership in favor of the seller. The party who is transferring his or her rights to the property is known as the “assignor,” while the party who is receiving the rights is called the “assignee.”

A deed of assignment is required in many different situations, the most common of which is the transfer of ownership of a property. For example, a developer of a new house has to sign a deed of assignment with a buyer, stating that the house will belong to him or her on a certain date. Nevertheless, the buyer may want to sell the house to someone else in the future, which will also require the signing of a deed of assignment.

This document is necessary because it serves as a temporary title deed in the event that the actual title deed for the house has not been issued. For every piece of property that will be sold before the issuance of a title deed, a deed of assignment will be required.

Requirements for a Deed of Assignment

In order to be legally enforceable, an absolute sale deed must provide a clear description of the property being transferred, such as its address or other information that distinguishes it from other properties. In addition, it must clearly identify the buyer and seller and state the date when the transfer will become legally effective, the purchase price, and other relevant information.

In today's real estate transactions, contracting parties usually use an ancillary real estate sale contract in an attempt to cram all the required information into a deed. Nonetheless, the information found in the contract must be referenced by the deed.

Information to Include in a Deed of Assignment

• Names of parties to the agreement
• Addresses of the parties and how they are binding on the parties' successors, friends, and other people who represent them in any capacity
• History of the property being transferred, from the time it was first acquired to the time it is about to be sold
• Agreed price of the property
• Size and description of the property
• Promises or covenants the parties will undertake to execute the deed
• Signatures of the parties
• Section for the Governors Consent or Commissioner of Oaths to sign and verify the agreement

If you need help understanding, drafting, or signing a deed of assignment, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

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Deed of Assignment and the Notice of Assignment -What is the Difference?

In this article, Richard Gray barrister takes a brief look at the differences between a Deed of Assignment and a Notice of Assignment and the effect of the assignment on the contracting party

At the end of 2020, Elysium Law were instructed to act for a significant number of clients in relation to claims made by a company known as Felicitas Solutions Ltd (an Isle of Man Company) for recovery of loans which had been assigned out of various trust companies following loan planning entered into by various employees/contractors.

Following our detailed response, as to which please see the article on our website written by my colleague Ruby Keeler-Williams , the threatened litigation by way of debt claims seem to disappear. It is important to note that the original loans had been assigned by various Trustees to Felicitas, by reason of which, Felicitas stood in the shoes of the original creditor, which allowed the threatened action to be pursued.

After a period of inertia, Our Clients, as well as others, have been served with demand letters by a new assignee known as West 28 th Street Ltd . Accompanying the demand letters is a Notice of Assignment, by reason of which the Assignee has informed the alleged debtor of the Assignees right to enforce the debt.

Following two conferences we held last week and a number of phone call enquiries which we have received, we have been asked to comment upon the purport and effect of the Notice of Assignment, which the alleged debtors have received. Questions such as what does this mean (relating to the content) but more importantly is the ‘Notice’ valid?

Here I want to look briefly at the differences between the two documents.

There is no need for payment to make the assignment valid and therefore it is normally created by Deed.

 The creation of a legal assignment is governed by Section 136 of the Law of Property Act 1925:

136 Legal assignments of things in action.

(1)Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice—

(a) the legal right to such debt or thing in action;

(b) all legal and other remedies for the same; and

(c) the power to give a good discharge for the same without the concurrence of the assignor:

Some of the basic requirements for a legal assignment are;

• The assignment must not be subject to conditions.
• The rights to be assigned must not relate to only part of a debt, or other legal chose in action.
• The assignment must be in writing and signed by the assignor.
• The other party or parties to the agreement must be given notice of the assignment.

Notice of assignment

To create a legal assignment, section 136 requires that express notice in writing of the assignment must be given to the other contracting party (the debtor).

Notice must be in writing

Section 136 of the LPA 1925 requires “express notice in writing” to be given to the other original contracting party (or parties).

 Must the notice take any particular form?

The short answer is no. Other than the requirement that it is in writing, there is no prescribed form for the notice of assignment or its contents. However, common sense suggests that the notice must clearly identify the agreement concerned.

Can we  challenge the Notice?

No. You can challenge the validity of the assignment assignment by ‘attacking the Deed, which must conform with Section 136. In this specific case, the Notice sent by West 28 th Street in itself is valid. Clearly, any claims made must be effected by a compliant Deed and it is that which will require detailed consideration before any right to claim under the alleged debt is considered.

Can I demand sight of the assignment agreement

On receiving a notice of assignment, you may seek to satisfy yourself that the assignment has in fact taken place. The Court of Appeal has confirmed that this is a valid concern, but that does not give an automatic right to require sight of the assignment agreement.

In Van Lynn Developments Limited v Pelias Construction Co [1969]1QB 607  Lord  Denning said:

“After receiving the notice, the debtor will be entitled, of course, to require a sight of the assignment so as to be satisfied that it is valid…”

The Court of Appeal subsequently confirmed this  stating the contracting party is entitled to satisfy itself that a valid absolute assignment has taken place, so that it can be confident the assignee can give it a good discharge of its obligations

The important document is the Deed of Assignment, which sets out the rights assigned by the Assignor. The Notice of Assignment is simply a communication that there has been an assignment. The deed is governed by Section 136 of the LP 1925. It should be possible to obtain a copy of the Deed prior to any action taken in respect of it.

For more information on the claims by West 28 th Street or if advice is needed on the drafting of a Deed, then please call us on 0151-328-1968 or visit www.elysium-law.com .

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DEED OF ASSIGNMENT: EVERYTHING YOU NEED TO KNOW.

A Deed of Assignment refers to a legal document in which an assignor states his willingness to assign the ownership of his property to the assignee. The Deed of Assignment is required to effect a transfer of property and to show the legal right to possess it. It is always a subject of debate whether Deed of Assignment is a contract; a Deed of Assignment is actually a contract where the owner (the “assignor”) transfers ownership over certain property to another person (the “assignee”) by way of assignment. As a result of the assignment, the assignee steps into the shoes of the assignor and assumes all the rights and obligations pertaining to the property.

In Nigeria, a Deed of Assignment is one of the legal documents that transfer authentic legal ownership in a property. There are several other documents like a deed of gifts, Assent, etc. However, this article focuses on the deed of assignment.

It is the written proof of ownership that stipulates the kind of rights or interests being transferred to the buyer which is a legal interest.

Read Also: DIFFERENCE BETWEEN TRANSFER OF PROPERTY THROUGH WILLS AND DEED OF GIFT

CONTENTS OF A DEED OF ASSIGNMENT

Content of a Deed of Assignment matters a lot to the transaction and special skill is needed for a hitch-free transaction. The contents of a deed of assignment can be divided into 3 namely; the introductory part, the second (usually the operative part), and the concluding part.

• THE INTRODUCTORY PART: This part enumerates the preliminary matters such as the commencement date, parties in the transaction, and recitals. The parties mentioned in the deed must be legal persons which can consist of natural persons and entities with corporate personality, the name, address, and status of the parties must be included. The proper descriptions of the parties are the assignor (seller) and assignee (buyer). The Recitals give the material facts constituting the background to the current transaction in chronological order.
• THE SECOND PART (USUALLY THE OPERATIVE PART): This is the part where the interest or title in the property is actually transferred from the assignor to the assignee. It is more like the engine room of the deed of assignment. The operative part usually starts with testatum and it provides for other important clauses such as the consideration (price) of the property, the accepted receipt by the assignor, the description of the property, and the terms and conditions of the transaction.
• The testimonium : this shows that all the parties are involved in the execution of the deed.
• Execution : this means signing. The capacity of the parties (either individual, corporate bodies, illiterates) is of great essence in the mode of execution.  It is important to note that the type of parties involved determines how they will sign. Example 2 directors or a director/secretary will sign if a company is involved. In the same way, if an association, couple, individual, illiterate, family land (omonile), firm, unregistered association, etc. is involved the format of signature would be different.
• Attestation : this refers to the witnessing of the execution of the deed by witnesses.

For a Deed of Assignment to be effective, it must include a column for the Governor of the state or a representative of the Government where the property is, to sign/consent to the transaction. By virtue of Sec. 22 of the Land Use Act, and Sec. 10 Land Instrument Registration Law, the Governor must consent to the transaction.

Do you have any further questions? feel free to call Ibejulekkilawyer on 08034869295 or send a mail to [email protected] and we shall respond accordingly.

Disclaimer: The above is for information purposes only and should not be construed as legal advice. Ibejulekkilawyer.com (blog) shall not be liable to any person(s) for any damage or liability arising whatsoever following the reliance of the information contained herein. Consult us or your legal practitioner for legal advice.

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Related Posts

In the realm of intellectual property, a Deed of Assignment is a formal legal document used to transfer all rights, title, and interest in intellectual property from the assignor (original owner) to the assignee (new owner). This is crucial for the correct transfer of patents, copyrights, trademarks, and other IP rights. The deed typically requires specific legal formalities, sometimes notarization, to ensure it is legally enforceable.

To be legally effective a deed of assignment must contain:

• Title of the Document : It should clearly be labeled as a "Deed of Assignment" to identify the nature of the document.
• Date : The date on which the deed is executed should be clearly mentioned.
• Parties Involved : Full names and addresses of both the assignor (the party transferring the rights) and the assignee (the party receiving the rights). This identifies the parties to the agreement.
• Recitals : This section provides the background of the transaction. It typically includes details about the ownership of the assignor and the intention behind the assignment.
• Definition and Interpretation : Any terms used within the deed that have specific meanings should be clearly defined in this section.
• Description of the Property or Rights : A detailed description of the property or rights being assigned. For intellectual property, this would include details like patent numbers, trademark registrations , or descriptions of the copyrighted material.
• Terms of Assignment : This should include the extent of the rights being transferred, any conditions or limitations on the assignment, and any obligations the assignor or assignee must fulfill as part of the agreement.
• Warranties and Representations : The assignor typically makes certain warranties regarding their ownership of the property and the absence of encumbrances or third-party claims against it.
• Governing Law : The deed should specify which jurisdiction's laws govern the interpretation and enforcement of the agreement.
• Execution and Witnesses : The deed must be signed by both parties, and depending on jurisdictional requirements, it may also need to be witnessed and possibly notarized.
• Schedules or Annexures : If there are detailed lists or descriptions (like a list of patent numbers or property descriptions), these are often attached as schedules to the main body of the deed.

Letter of Assignment (for Trademarks and Patents)

This is a less formal document compared to the Deed of Assignment and is often used to record the assignment of rights or licensing of intellectual property on a temporary or limited basis. While it can outline the terms of the assignment, it may not be sufficient for the full transfer of legal title of IP rights. It's more commonly used in situations like assigning the rights to use a copyrighted work or a trademark license.

For example, company X allows company Y to use their trademark for specific products in a specific country for a specific period.  

At the same time, company X can use a Letter of Assignment to transfer a trademark to someone. In this case, it will be similar to the Deed of Assignment. 

Intellectual Property Sales Agreement

An IP Sales Agreement is a detailed contract that stipulates the terms and conditions of the sale of intellectual property. It covers aspects such as the specific rights being sold, payment terms, warranties regarding the ownership and validity of the IP, and any limitations or conditions on the use of the IP. This document is essential in transactions involving the sale of IP assets.

However, clients usually prefer to keep this document confidential and prepare special deeds of assignment or letter of assignment for different countries.

IP Transfer Declaration

In the context of intellectual property, a Declaration is often used to assert ownership or the originality of an IP asset. For example, inventors may use declarations in patent applications to declare their invention is original, or authors may use it to assert copyright ownership. It's a formal statement, sometimes required by IP offices or courts.

When assigning a trademark, the Declaration can be a valid document to function as a proof of the transfer. For example, a director of company X declares that the company had sold its Intellectual Property to company Y. 

Merger Document

When companies or entities with significant IP assets merge, an IP Merger Document is used. This document outlines how the intellectual property owned by the merging entities will be combined or managed. It includes details about the transfer, integration, or handling of patents, copyrights, trademarks, and any other intellectual property affected by the merger.

In all these cases, the precise drafting of documents is critical to ensure that IP rights are adequately protected and transferred. Legal advice is often necessary to navigate the complexities of intellectual property laws.

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What is a Deed of Assignment and the Foolish Risk your taking for not having a Deed of Assignment for your Land

By omonilelawyer | july 15, 2017 | 43,076 | 39.

A deed of Assignment is one of the most important documents YOU MUST HAVE when you conclude a Land Transaction. In fact it baffles me that 6 out of 10 people I know who have bought lands in the past have no deed of assignment . They are always the first to complain that Omonile has defrauded them but they have no proof to show the property has been sold to them other than a receipt.

It’s funny that everyone has the title documents to their car showing who the seller was and how it was transferred from the Seller of that car to you the new owner but when it comes to landed properties which are 10 times more valuable than cars, we fail to ask for this one simple important document that can prove ownership of that land. What then is this all important deed of Assignment I am alluding to? This can be found from the following definitions below:

A deed of Assignment is an Agreement between the Seller of a Land or Property and a Buyer of that Land or property showing evidence that the Seller has transferred all his rights, his title, his interest and ownership of that land to that the Seller that has just bought land.

The Deed of Assignment acts a main document between the buyer and seller to show proof of ownership in favour of the seller . The person or Seller who transfers his rights or interests in that property is usually called the Assignor and the person who receives such right or interest from the Seller is called the Assignee.

A Deed of Assignment therefore is an Agreement where an assignor states his promise that from the date of the assignment or any date stipulated therein, the assignor assigns his ownership in that Land to the assignee. The deed contains very pertinent information for a real estate transaction. For one, it spells out the date when the ownership of the property transfers from one owner to the other. The deed also gives a specific description of the property that is included in the transfer of ownership.

Signing a Deed of Assignment and having that Deed is your number 1 evidence against another person that is trying to claim ownership of that same land too. If you have a land and no deed yet, i feel sorry for you! Better consult your Lawyer to go draft one for you now to save yourself future problems

In most situations, when the Deed of Assignment has been exchanged between both parties, it has to be recorded in the land registry to show legal proof that the land has exchanged hands and the public should be aware of the transaction. Such recorded Deed of Assignment come in the form of either a Governor’s consent or registered conveyance.

The Deed of Assignment spells out the key issues in the transaction between the Seller and the Buyer so that there won’t be any confusion or assumption after the property has been transferred to the new owner . Such Key issues include:

1. The Parties’ to the Agreement e.g between Mr A and Mrs K

2. The addresses of both parties and how it is binding on their successors, friends, colleagues and those representing them in any capacity.

3. The history of the land in question how it was first obtained down to the moment its about to be sold including and documents it previously had till this date

4. The agreed cost of the land and the willingness of the Seller to finally accept that price paid for the land

5. The description and size of the land to be transferred.

6. The covenants or promises both parties choose to undertake to perfect the transfer of the document

7. The signature of the parties to the Assignment and Witnesses to the Transaction

8. Finally the section for the Commissioner of Oaths or Governors Consent to sign and validate the agreement.

These are the important features of a Deed of Assignment and must be included in all Documents for it to be valid. Don’t listen to any Omonile who tells you he doesn’t or the family doesn’t sign a deed of assignment and that it is only a receipt you need. He is only looking for a way to resell your land to another person and to use receipt as a ploy to prevent you from establishing true ownership of your land.

Always consult a property lawyer before you buy a land to help prepare a deed of assignment. It will be your greatest mistake if you don’t have one. Below is a sample deed of assignment and how it looks so that you don’t fall victim of land swindlers

SAMPLE DEED OF ASSIGNMENT

The Cover of the Deed of Assignment must show the parties to the transaction and the description of the land sold

The first page of the Deed of Assignment must contain the parties to the transaction and the brief history of how the land became the Sellers property

The third page must contain the description of the land to be sold, the surveyor that did it, the cost of the land, the acceptance of the cost of the land and the promises both parties will make to themselves to abide with after the deal has been sealed.

The last page must show the signatures of the parties and the witnesses to that transaction and finally below , the section for the commissioner of oaths to endorse or the Governor to assent his consent to this transaction

Always consult a property lawyer before entering a legal contract.

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39 comments.

owolabi animashaun

how much is it to obtain governor consent of 3plots of land at okegbegun phase 2.,winner church along laspotech road ikorodu? or if there is C OF O Availiable? thanks

Barr. Matthew Ottah

I need the square meters of the survey plan so that I can fathom out N estimate of what it would cost. Cheers

I have a parcel of Land i had alredy built a 3-Bedroom Bungalow on at Magada behind MFM Prayer City. I only have a Signed Agreement from the One I bought it from. I have paid to the Omonile but yet to get a receipt from them. I have not done a survey yet. Kindly advice.

babatunde Ogunnowo

good morning. what is the difference bewteen a deed of sublease and a deed of assignment? which is preferable 2. what are the cost implications for processing any tyeo of deed. thanks. keep up the good work

Sir, I have plot at ogun state and for the deed of assignment, the land owners said I will pay 100K for them to get it done that there are four signatories to it. The issue now is that the said amount is too much. Pls I need your input on this. Thank You

Matthew Ottah

You need to negotiate with them to reduce the price

Please Mr Ottah can you send your number so I can call to ask for help?

My numbers are everywhere on the site. Cheers

sir,this deed…who is resposible to issusing it,i.e is it part of the document the omonile will give you when you have paid for the land or the buyer contracts a lawyer to draw it up after payment and takes to family(olori ebi) to sign their portions.

Your very correct sir. Both options are the right way to go about it.

how do you know a false land

I wanted to buy a land from one of this estate, I was told the estate has a Global C of O from Ogun state government and that upon payment I will be issued a Deed of Assignment. There after I can do the survey. My questions are: 1. I was told since the Estate has Global C of O, I might not necessarily need individual C of O. 2. What other documents do I need to process apart from the survey. You sincere advice will be appreciated. Thanks

sir, thank you very much sir for your advise, all what u said above is true even i presently find myself in dat situation, i bought just half plot of land from a family representative at abeokuta in which i only collected receipt from them without the deed of assigmnet and i started work on the land, im even through with the foundation about to start the main building. Sir, i will be very glad and happy if you can put me through on what are d next steps to take, though i have printed out all the deed of assignment you pasted up for me to rewrite and give them to sign.

Thanks you very much sir

Hi, I bought a land from a relative of which the land have a c of o under my Anty family name, my question is; 1. Do I have to do personal c of o on my name. 2. is’t secure under my Anty family name. I need an advice, and I will be looking forward to hear back from you because I don’t know what to do before is too late…thanks!

Good evening barrister, Pls must I first so a survey before I do a deed. We Purchased a land and we have just a receipt. Thank you

please is it legal for a non lawyer to prepare a deed of assignment? Thanks.

Please explain to me the difference between Deed of Assignment and Deed of Agreement. I am getting different interpretation and it is confusing. When I buy a family land, which one should I prepare for the family to sign?

They are the same thing sir and perform the same function.

Could you please tell me the importance of that red seal in a deed? What is its significance? How important is it? Thanks

Its of no serious importance in modern day execution of documents. As long as the parties have signed or attested to the documents with their signatures or personal thumbprint, the document is as good as been executed properly. People who use it are mostly Customary Land Families to show how important their signatures are

Giulia Devey

I have a deed of assignment which is signed but the property has an outstanding mortgage on the property. I have been paying this, however it fell into arrears and now the assignor is claiming against me for receiving adverse credit. This person did not take their name off the mortgage therefore would I be liable for her claim in court?

Yes you would because you have chosen to continue paying the outstanding mortgage. Your lawyer should have advised you on the perils of continuing the mortgage payment in your name

Pls. must a land have C of O before Governor conscent can be acquired if purchased from the owner? What happen when the land doesnot have C of O? can the buyer seek to get C of O in place of Governors conscent

Please can a commissioner for oath of Lagos State endorse the dead while the land is situated in ogun state

Can a deed of assignment be prepared for land that does not have C of O yet but which Allocation paper or R of O is ready?

name withheld

my friend bought a property an does not know how much to pay his attorney, the attorney are asking for 500k 180, and claimed they have to bribe some people to get them to follow the deed of assignment , is it a fraud of are the lawyers just trying to be a fraudulent?? thanks and have a good day

Good day Sir, I found this site and info therein helpful. Is it possible for a the seller to issue a 2 Deed of assignment to different person on the sme land.

What is the functional different between C of O and deed of assignment

Two people bought a plot of land. The seller bought it from another person. What documents must the new buyers get? Must each survey his own portion before the agreement?

omonile lawyer, pls i have power of attorney and deed of partition for a piece of land in abuja (4 of us bought and shared the land), do i still need deed of assignment?

Sir, I want you to send a soft copy of deed of assignment to my email. How much would it cost? [email protected]

Good day sir. I bought a plot of land, have a signed deed of assignment. But resently, d surveyor called me that there is need to create a road at my (land) back i.e a plot will b inbetween two roads and that i should shift my pillar and the corner piece. Now, i need ur advice on what to do sir. Thanks. N.B He is d one who sold d land, measured, pegged and put d pillar.

l can get in touch with the company l signed deed of assignment with 4 times no reply to me

Gabriel Joseph

To be honest with you this is really helpful. Thanks

how do I submit my deed of assignment for record purpose

pls sir,I bought a land with power of attorney from estate management.Am I entitle to omonile receipt and deed of assignment?

i have a land which was purchased from the estate developers but i lost all documents to it by an act of God. what can i do

please sir, can u help us with a sample of the shedule page so that i ccan coinfirm that the schedule page of the deed of assignment for my land is made in the right form

Ola Abiodun

I bought a land in my name and wife’s name. I have now built a property on this land and all the paper works including CofO and the plan have our names both. The land and the property was solely bought and built with my money. I understand we both have claim because her name is on the documents.

What do I need to do to take her name off the the property, both the land and the building? Can you also please advise the likely cost?

I look forward to hearing from you

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Assignment and deed of assignment

What is assignment?

Like moveable and immoveable property, claims can also be sold. The transfer of a personal claim is called assignment. A creditor can transfer a personal claim to a third party. This third party will then supersede the original creditor. The creditor who sells the claim is called the assignor, the acquirer of the claim is called the assignee. The debtor is no party to this transfer, but the assignment has consequences for him: he will have to pay his debt to the new creditor.

Deed of assignment

There are some formal requirements for assignment. A distinction can be made between assignments with and without a notice to the debtor. Both forms of assignment have to be effected in writing, by deed of assignment to be more specific. The deed may be drafted between the creditor and the third party (private instrument) or in the presence of a civil-law notary (authentic instrument). The claim that is to be transferred must be sufficiently specified.

Notification of assignment and assignment without notice to the debtor

In case of an assignment with notification, the assignment will have to be notified to the debtor so he will know that he will have to pay to another party, as the debtor is not a party to the transfer. An assignment without notification does not require a notice to the debtor, but the deed of assignment will have to registered with the Tax Authorities. The debtor can be discharged from all his obligations by paying to the original creditor until he is notified of the assignment.

Assignment in practice

Collection agencies often buy up claims of businesses for the purpose of collecting these themselves. This is called factoring. Assignments also often play a part in insurance matters. If an insured party has suffered damage that may be recovered from a third party, the insurer may take over the claim for compensation from the insured party. The insurer then pays out the amount of the claim to the insured party and thus obtains a claim against the third party.

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LIVING TRUST

What is an assignment of trust deed.

By Tom Streissguth

• What Is a Corporate Assignment of Deed of Trust?

If you own a home, you may have signed a trust deed that gives the mortgage lender a claim on the property. A default on the loan gives the lender the legal authority to foreclose on the loan and take possession of the house. An assignment of a trust deed conveys that claim to another party.

Considerations

Lenders have the right to sell their home loans. This can happen once or several times over the long life of a mortgage. The usual customers for mortgages are banks and other companies that are seeking safe and stable investment returns. This "secondary" market for mortgages is quite active, and a lender has plenty of opportunity to sell a mortgage and turn a profit. Read More: What Is a Corporate Assignment of Deed of Trust?

When a lender sells the loan, it assigns the trust deed to the buyer. “Assignment” means to convey a claim or a right to another party, known as the “assignee.” This is done by creating another legal document — the assignment of trust deed — and having it signed by both buyer and seller. The trust deed, and other documents associated with the loan, become the property of the buyer.

The assignment of trust deed is a short, usually single-page document. The body text gives the names of the deed buyer and the property owner, the date of the original trust deed, and the legal description of the property for which the original deed was executed. It may also give the terms of the deed sale. The seller signs and dates the document, and has it notarized. The buyer then has the assignment of trust deed recorded with the registrar of the county where the property is located.

A borrower has no legal right to block or negotiate the terms of an assignment of trust deed. The assignment does not affect the terms of the loan. The monthly payments remain the same, although the borrower will have to send them to a new address. The new owner of the trust deed becomes the lender and collects all mortgage payments, sometimes on its own and sometimes through a servicing company. If a default occurs, the latest assignee has the right to foreclose and repossess the home.

• US Legal: Assignment of Trust Deed
• Guide to the Stock Market: Assignment of Trust Deed

Founder/president of the innovative reference publisher The Archive LLC, Tom Streissguth has been a self-employed business owner, independent bookseller and freelance author in the school/library market. Holding a bachelor's degree from Yale, Streissguth has published more than 100 works of history, biography, current affairs and geography for young readers.

Related Articles

• How to Fill Out the Deed of a Trust to Secure Assumption
• How to Write a Wrap-Around Mortgage
• The Definition of a Leasehold Deed of Trust

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January 8, 2024 by Jean Kallmyr

Understanding Deed of Assignment

In the realm of legal transactions in Australia, a Deed of Assignment holds significant importance. This legal document serves as a powerful tool for the transfer of rights and obligations between parties. Whether in the context of real estate, intellectual property, or other contractual agreements, a Deed of Assignment plays a crucial role in facilitating the seamless transfer of assets.

Deed of Assignment

A Deed of Assignment is a legally binding document that allows one party, known as the assignor (the party relinquishing the rights, benefits, or obligations), to transfer specific rights, benefits, or obligations to another party, referred to as the assignee (the party receiving the assigned rights, benefits, or obligations).

This legal instrument is commonly employed when there is a need to assign contractual rights, such as in real estate transactions, business sale transactions, intellectual property transfers or the assignment of debts. The deed must be properly executed and delivered to be legally effective.

Key Clauses of Deed of Assignment

A clear and concise description of the intention to assign, the rights, benefits, or obligations being transferred should be outlined in the document.

In many assignments, there is a consideration involved, which refers to the value exchanged between the parties. This could be in the form of money, services, or any other agreed-upon consideration.

The assignor typically provides assurances that they have the legal right to transfer the specified rights and that these rights are free from any encumbrances, and the assignee normally guarantees to perform specific contractual obligations under the specified rights.

Covenants are promises made by one or both parties regarding their future actions. For example, the assignor may covenant that they will not interfere with the assigned rights after the transfer and the assignee covenants that it will take over the obligations of the assignor under a specific contract.

The indemnity clause outlines the responsibilities of the parties in case of any losses or liabilities arising from the assignment. For example, it specifies which party will bear the costs associated with legal challenges or disputes.

Common Uses in Australia

Real estate transactions.

Deeds of Assignment are commonly used in the transfer of property rights, for example, in the sale of off-the-plan properties or when a buyer wants to transfer their rights under a property contract to another party.

Intellectual Property

Artists, authors, or inventors may use Deeds of Assignment to transfer their intellectual property rights, such as trade marks, copyrights or patents, to another individual or entity.

Debt Assignment

Assignments of debts are also facilitated through Deeds of Assignment. This occurs when a creditor transfers their rights to collect a debt to another party.

Contractual Agreements

Businesses often use Deeds of Assignment to transfer contractual rights and obligations when there is a change in ownership or a need to delegate specific responsibilities, for example, the assignment of leases or supplier contracts.

The IP House Lawyers has assisted many of our clients in drafting, preparing and executing various forms of Deed of Assignment. Please contact us on the details below if you need any assistance in relation to drafting and preparing a Deed of Assignment.

For any further information or queries on the above content, please contact us.

Jean Kallmyr | Lawyer, The IP House Lawyers | t: 0435 799 831 | e: [email protected]

Key Contact

Claire Darby | Managing Director/Lawyer, The IP House Lawyers | t: 0412 998 951 | e: [email protected]

The information and contents of this publication do not constitute any legal or financial advice. This publication is intended only for reference purposes for The IP House Lawyers’ clients and prospective clients.

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Deeds of Assignment of a Debt – Your Top Questions Answered

Posted by david cammack on february 7, 2020.

Home / Blog / Deeds of Assignment of a Debt – Your Top Questions Answered

( Revised for 2023. )

Do you want to know more about what a deed of assignment of a debt is, if you need one, or what to include in it? If so, our blog article has all the answers. So today, we are answering the top questions from the Internet about deeds of assignment of a debt.

1. Can a debt be assigned? How do I assign a debt in the UK?

Yes. Banks regularly buy and sell debts. If you are a creditor, then you can do so too. But you need to do so in writing. A deed of assignment of a debt is the document to use for this. You would need to assign the whole of a debt, as you cannot assign only part of it. The debtor cannot assign the debt to someone else unless the creditor agrees and you would then do this via a deed of novation.

2. What is an assignment of a loan?

This means the same thing as an assignment of a debt. It is always the right to receive repayment of the debt or loan that you are assigning.

3. What is a deed of assignment of a debt?

This is a legal document that transfers the ownership of the debt to another person. By ‘ownership’ we mean the right to receive repayment of that debt from the same original debtor or borrower.

4. What does assignment of debt mean?

The assignment of a debt will mean that the original debtor or borrower now owes the debt to a different creditor. So the debtor will now need to repay that debt to a new person, because you have transferred the debt.

5. Is a deed of assignment of a debt a legal document?

If prepared correctly, yes, a deed of assignment is a legally-binding document. In order to make the assignment legally binding on the debtor, the creditor should give notice of the assignment to the debtor. Our template includes a notice of the assignment of the debt, so you can complete it and send it to the debtor.

6. What is a notice of assignment of a debt? What do I need to do to give notice of an assignment of a debt?

Once you have assigned a debt, then you need to give the debtor notice of the transfer of the debt. Otherwise, how will they know to repay the new owner of the debt? Ideally, the deed of assignment of debt will mention this and include a form for the notice. (Legalo’s template does.) Wikipedia explains why such notice is necessary here: https://en.wikipedia.org/wiki/Rule_in_Dearle_v_Hall#Criticisms .

7. How do you draft a deed of assignment of a debt?

If you require this deed, then the quickest way to get one is with a template from Legalo. Find our great template here: just click on this link .

8. What are the contents of a deed of assignment of a debt?

If you click on this link and scroll down to the section about the Guide to the template, then you will see the contents of our template for a deed of assignment of a debt.

9. Who can prepare a deed of assignment of a debt? Can a non-lawyer prepare a deed of assignment of a debt?

A non-lawyer can use any of the documents we sell as templates. So this includes a deed of assignment of a debt.

10. Does a deed of assignment of a debt need to be signed by both parties?

The parties who do need to sign it are (a) the original creditor and (b) the one buying (or otherwise taking) the debt from the original creditor. The debtor does not sign it.

11. Does a deed of assignment of a debt need to be witnessed?

All deeds need to be signed correctly with an adult witness, preferably one who none of the persons signing are related to.

12. Does an assignment of debt need to be a deed?

If there is no price being paid for the purchase of the debt, then the document does need to be a deed, in order to ensure it is legally binding. Otherwise, technically it does not need to be prepared and signed as a deed, but generally it is better to do it as a deed in case there is any doubt. Legalo’s template is set up to be signed as a deed.

13. Does a deed of assignment of a debt need to be registered?

Not unless you have secured the debt, for example on a property in the UK at the Land Registry. In such a case, then you would need to register the transfer of the security separately at the Land Registry. You do not register the assignment of the debt itself.

14. How long does a deed of assignment of a debt take to draft?

Legalo’s template makes it easy, so you should only need a few minutes to draft your deed of assignment.

15. How much does a deed of assignment of a debt cost? How much does a notice of assignment of a debt cost? How much do lawyers charge for deed of assignment of a debt?

Our template for a deed of assignment includes a notice of assignment and costs only £24.95. Solicitors would charge an estimated £500 plus VAT for one, so ours represents a significant cost saving.

In just a few minutes yours can be ready. What’s more, Legalo’s templates each come with a guide to make it clear how to complete it. We also provide a free helpline just in case you need any extra assistance to use it. So it could not be easier.

So if you need one, you know where to find it.

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• Insights & events

Assigning debts and other contractual claims - not as easy as first thought

Harking back to law school, we had a thirst for new black letter law. Section 136 of the Law of the Property Act 1925 kindly obliged. This lays down the conditions which need to be satisfied for an effective legal assignment of a chose in action (such as a debt). We won’t bore you with the detail, but suffice to say that what’s important is that a legal assignment must be in writing and signed by the assignor, must be absolute (i.e. no conditions attached) and crucially that written notice of the assignment must be given to the debtor.

When assigning debts, it’s worth remembering that you can’t legally assign part of a debt – any attempt to do so will take effect as an equitable assignment. The main practical difference between a legal and an equitable assignment is that the assignor will need to be joined in any legal proceedings in relation to the assigned debt (e.g. an attempt to recover that part of the debt).

Recent cases which tell another story

Why bother telling you the above?  Aside from our delight in remembering the joys of debating the merits of legal and equitable assignments (ehem), it’s worth revisiting our textbooks in the context of three recent cases. Although at first blush the statutory conditions for a legal assignment seem quite straightforward, attempts to assign contractual claims such as debts continue to throw up legal disputes:

• In  Sumitomo Mitsui Banking Corp Europe Ltd v Euler Hermes Europe SA (NV) [2019] EWHC 2250 (Comm),  the High Court held that a performance bond issued under a construction contract was not effectively assigned despite the surety acknowledging a notice of assignment of the bond. Sadly, the notice of assignment failed to meet the requirements under the bond instrument that the assignee confirm its acceptance of a provision in the bond that required the employer to repay the surety in the event of an overpayment. This case highlights the importance of ensuring any purported assignment meets any conditions stipulated in the underlying documents.
• In  Promontoria (Henrico) Ltd v Melton [2019] EWHC 2243 (Ch) (26 June 2019) , the High Court held that an assignment of a facility agreement and legal charges was valid, even though the debt assigned had to be identified by considering external evidence. The deed of assignment in question listed the assets subject to assignment, but was illegible to the extent that the debtor’s name could not be deciphered. The court got comfortable that there had been an effective assignment, given the following factors: (i) the lender had notified the borrower of its intention to assign the loan to the assignee; (ii) following the assignment, the lender had made no demand for repayment; (iii) a manager of the assignee had given a statement that the loan had been assigned and the borrower had accepted in evidence that he was aware of the assignment. Fortunately for the assignee, a second notice of assignment - which was invalid because it contained an incorrect date of assignment - did not invalidate the earlier assignment, which was found to be effective. The court took a practical and commercial view of the circumstances, although we recommend ensuring that your assignment documents clearly reflect what the parties intend!
• Finally, in Nicoll v Promontoria (Ram 2) Ltd [2019] EWHC 2410 (Ch),  the High Court held that a notice of assignment of a debt given to a debtor was valid, even though the effective date of assignment stated in the notice could not be verified by the debtor. The case concerned a debt assigned by the Co-op Bank to Promontoria and a joint notice given by assignor and assignee to the debtor that the debt had been assigned “on and with effect from 29 July 2016”. A subsequent statutory demand served by Promontoria on the debtor for the outstanding sums was disputed on the basis that the notice of assignment was invalid because it contained an incorrect date of assignment. Whilst accepting that the documentation was incapable of verifying with certainty the date of assignment, the Court held that the joint notice clearly showed that both parties had agreed that an assignment had taken place and was valid. This decision suggests that mistakes as to the date of assignment in a notice of assignment may not necessarily be fatal, if it is otherwise clear that the debt has been assigned.

The conclusion from the above? Maybe it’s not quite as easy as first thought to get an assignment right. Make sure you follow all of the conditions for a legal assignment according to the underlying contract and ensure your assignment documentation is clear.

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Assignment of California Deed of Trust Must Be Recorded Before Foreclosure- MERS Process Does Not Trump California Real Estate Law

A recent California bankruptcy court decision ( In re: Eleazar Salazar ) found a foreclosure invalid because of failure to record an assignment of the Deed of Trust. In the original Deed of trust (DOT) Accredited was the lender, Chicago Title was the trustee, and MERS was the nominal beneficiary. The DOT stated that MERS only held legal title to the interests granted by the borrower.

After the borrower defaulted, MERS signed a substitution of trustee and had no apparent role in the trustee’s sale. The sale was apparently run by Litton Loan Servicing and Quality Loan Service Corp. The Trustee’s Deed Upon Sale identified US bank as the “foreclosing beneficiary”, not MERS. The recital in the trustee’s deed is presumed to be true. While MERS was the beneficiary at the inception of the loan, it was not at time of foreclosure. In addition, no assignment of Accredited’s interest to US Bank was recorded. Facts like these make experienced real estate attorneys sit up and take notice.

The court noted that under California Civil Code section 2932.5 , the assignment to US Bank had to be recorded prior to sale. First, US Bank had to be entitled to payment of the secured debt to foreclose, and secondly, the public record must show US Bank’s status as foreclosing beneficiary before the sale occurs.

Though US bank claimed to be the holder of the note, satisfying the first condition, it did not record an assignment of its interest in the Deed of Trust, failing the second condition.

US Bank also argued that MERS status as ‘nominal beneficiary’ made recording of the assignment unnecessary. However, MERS was not beneficiary at the time of the foreclosure, and the deed of trust did not grant MERS more then nominal powers. US Bank was described in the trustee’s deed (which is presumed to be true) as the foreclosing beneficiary. So, MERS had no role in the foreclosure.

Lastly, US Bank argued that the assignment from Accredited to US bank could be tracked in the publicly accessible MERS system. The court refused to recognize MERS as an extra-judicial foreclosure alternative which can circumvent the public recordation system .

Bankruptcy courts in California have more readily addressed the arrogance of the MERS cabal of lenders efforts to circumvent state law. California state courts have been more reluctant, at least in published decisions. On the one hand, this is unfortunate, as it forces more borrowers into Bankruptcy. On the other hand, bankruptcy law provides more tools to reconfigure the parties relationships once a foreclosure sale is set aside.

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Signed, sealed, delivered: execution of deeds and documents and how it might go wrong.

Published on 29th Sep 2016

After a series of long and complex negotiations, the document is finally agreed. Each party breathes a sigh of relief. But now the document must be validly executed – and this is where all the hard work in reaching agreement can be undone.

Below we answer ten questions that are commonly raised in relation to the execution of deeds and documents.

1. Can a contract be executed electronically?

Yes! English law lays down few formalities for the form of a contract and almost all simple contracts, even those which statute requires are “in writing” or “signed”, can be executed electronically. However, one point to bear in mind is whether the document will need to be filed with any authority or registry which may insist on a wet ink signature.

2. Can a deed be executed electronically?

Yes! The Law Society’s practice note  on the execution of a document using an electronic signature, which was published on 21 July 2016 and which represents the Law Society’s view of good practice in this area, has clarified that a deed can be executed electronically. At common law, a deed must be in writing, but there are a number of cases which have confirmed that an electronic representation of a document (for example, an exchange of emails) can satisfy this “in writing” requirement.

Commonly, deeds are executed on behalf of a company by a director of that company in the presence of a witness who attests the signature of the director. The Law Society’s practice note states that if that witness “genuinely observes” the director signing the deed using an electronic signature, and the witness then goes on to sign the adjacent attestation clause, the deed will have been validly executed. It is best practice for the witness to be physically present when the signatory signs the deed.

3. What has to be done to ensure that a deed is “delivered”?

One of the distinguishing factors about the execution of a deed as compared to a contract is that a deed must be “delivered”. Delivery fixes the date from which the executing party is bound by the deed, and once delivered, a deed is irrevocable in the absence of an express right of revocation. At common law, a deed is delivered when a party expresses an intention to be bound by the deed, even if it retains possession of the document.

The best way to deal with delivery of a deed is to have clear wording in the document setting out that the deed will be delivered on the date appearing at the head of the document. Where a deed is executed by a company, legislation provides that it is presumed to be delivered on execution, unless a contrary intention is proved. There is no such presumption for execution by an individual. Clear wording in the document confirming the position on delivery will avoid confusion and unintended consequences.

4. What date should be inserted into the deed?

Where a deed contains wording stating that it is executed and delivered on the date appearing at the head of the document, as recommended above, then a date should be inserted that is on or after the date that the last signatory signed. However, if the deed does not contain such wording, case law has held that the absence of a date will not affect its validity, which usually takes effect from delivery.

A deed may in certain circumstances be drafted for its provisions to take effect from a date before the date of its execution. If so, care is required. For example, in pensions, many deeds purporting to make, or to “confirm” amendments to a pension scheme made from a date prior to the date of execution and delivery of the deed have been found to be ineffective, due to statutory and case law restrictions on the power to amend a pension scheme retrospectively.

No deed or contract must ever be back dated (i.e. given a date that is earlier than the date it was executed). This is potentially fraudulent.

5. Who can be a witness to the signatory of a deed?

There is no statutory provision requiring a witness in these circumstances to be independent. However the purpose of having a witness is so that they can provide unbiased evidence of what was signed and by whom, if required in the future. Therefore a witness should be independent and it is best practice to interpret this widely.

A witness should not be the signatory’s spouse or partner or a family member, and should not have a personal interest in the provisions of the document. Case law has confirmed that a party to the document cannot act as a witness to another party’s signature. It is advisable that a witness is aged eighteen or over.

6. Do all parties have to sign the same document?

No. If the parties to an agreement do not intend to sign the same physical document, it is best practice to include a counterparts clause in the agreement which in effect creates more than one original document. However, omitting such a clause will not invalidate a document which is in fact signed in counterpart.

7. Do all parties have to use the same method of execution?

No. The parties to an agreement could validly execute a document using different methods; for example, one party signing electronically and a second using a wet ink signature. A composite version could then be created, either by using a print-out of the electronically signed page together with the wet ink signed pages, or by scanning the wet ink pages to add to the electronically signed page. If that document was later required to be produced in evidence, an English court would accept the composite version.

8. Can a company use pre-signed signature pages in the execution of a simple contract?

Yes. In February 2010, the Law Society published a practice note  on the execution of documents by virtual means, which represents its view of good practice. When executing a simple contract between two parties which are not physically present at the same meeting, it is acceptable to use pre-signed signature pages. When doing this, the signature page should clearly identify the document to which it relates. When the document is finalised, those organising the signing should email the final version of the document to each absent party (or their lawyers) and obtain confirmation from that party (or their lawyers) that they have agreed the final version, and that they authorise the pre-signed signature page to be attached to the final version and for the document to be dated and released.

9. Can one individual execute a document as both a director and the company secretary?

No. The Companies Act 2006 states that a provision requiring something to be done by a director and the company secretary is not satisfied by it being done by the same person acting both as director and secretary. The document could instead, though, be signed by the director in the presence of a witness.

10. What are the possible consequences of executing a document incorrectly?

The recent pensions case, Briggs v Gleeds , illustrates that the consequences can be severe. Gleeds was a partnership that operated a final salary pension scheme. Over a period of more than fifteen years from 1991, a number of deeds of amendment were executed making significant changes to the pension scheme, including closing the scheme to the future accrual of benefits.

It was later discovered that the partners’ signatures on these deeds had not been validly witnessed, as required under the Law of Property (Miscellaneous Provisions) Act 1989. The additional liability for Gleeds to fund the scheme, owing to the deeds having been invalidly executed, was in the region of £45 million.

The High Court held that the deeds were not valid and had no effect. Arguments that the trustees and scheme members should be “estopped” from denying the validity of the deeds did not succeed. The case is, however, due to be appealed to the Court of Appeal on a number of points.

Failure to execute contracts properly is less commonly a problem than deeds. This is because fewer formalities must be complied with when executing a simple contract. Nevertheless, it is essential that both types of document are executed properly to ensure their validity and operation as intended. Whilst the Gleeds case is indicative of the current trend that the courts take a strict approach to observing formalities within the pensions context, the principles have wider application.

* This article is current as of the date of its publication and does not necessarily reflect the present state of the law or relevant regulation.

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Deed of Assignment of Debt – Everything You Need to Know

Scott Nelson

Debt Expert

Scott Nelson is a renowned debt expert who supports people in debt with debt management and debt solution resources.

Janine Marsh

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Janine is a financial expert who supports individuals with debt management, cost-saving resources, and navigating parking tickets.

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For free & impartial money advice you can visit MoneyHelper . We work with The Debt Advice Service who provide information about your options. This isn’t a full fact-find, some debt solutions may not be suitable in all circumstances, ongoing fees might apply & your credit rating may be affected.

For free & impartial money advice you can visit MoneyHelper . We work with The Debt Advice Service who provide information about your options. This isn’t a full fact-find, some debt solutions may not be suitable in all circumstances, ongoing fees might apply & your credit rating may be affected.

Are you facing a ‘deed of assignment of debt’? Are you worried about a debt collector knocking on your door?

You’re in the right place. Each month, over 170,000 people visit our site looking for guidance on debt issues, just like this one. 

In this article, we’ll explain:

•  What a ‘deed of assignment’ is
•  What it means for your debts
•  Different types of assignment
•  Why companies sell their debts
•  Ways to handle your debt situation

We know how scary it can be when debt collectors get involved; some of our team have faced similar situations. We’re here to help you understand your situation and make the best choices.

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Deed of Assignment of Debt – the basics

Being in debt is confusing enough as it is. And it can get even more complicated when you get a letter through the door from a company you may never have heard of demanding (often in quite a strongly-worded way) that you make your payments to them instead.

What’s going on, you might ask yourself?

At the end of the day, the creditor will want the money that you owe back.

However, sometimes when an account falls into arrears , they won’t have the capabilities or resources to claim it back . This is when the original company you owe money might ‘ assign’ your debt . 

What is a Deed of Assignment of Debt?

This is notice that tells you that you now owe a debt collection agency or another collection service the money you originally owed to the creditor .

Instead of paying the company you might have originally owed money to, you now owe a third party company. 

A deed of assignment of debt is a legal documen t alerting you of the transfer of ownership of your debt to another person. The right to receive payment from the debt you owe is transferred over to this new party as well.

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What does it mean?

A deed of assignment of debt is used to transfer or sell the right to recover a debt .

Without a deed of assignment of debt, the two companies are not able to do this – you need a written transfer document. 

Once the transfer document, or deed of assignment of debt, has been signed by the assignee (the party transferring the debt) and the party receiving the debt ( assignor ), they must give notice to the debtor (the person that owes the company the sum of money).

Notice must be given within 7 days of assigning the debt. Unless someone gives notice to the debtor, then the new owner of the debt can’t enforce the debt by suing in court.

Is there more than one type of assignment? 

Confusingly, there are actually two different sorts of assignment that a creditor can make. These are Legal and Equitable.

Both types of assignment fall under the Law of Property Act 1925 , and both require the creditor to inform you of the change in writing – this is known as a notice of assignment of debt .

1. Legal Assignment

Legal assignment of debt gives the company who are purchasing the debt the power to enforce it .

Basically it means that you make payments to this company instead of the original creditor, and they can send you letters and make calls to your home.

2. Equitable

If a debt is an equitable assignment, only the amount you owe is transferred , and the original creditor will still retain the original rights and responsibilities .

The purchasing company will not be able to enforce the debt either.

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Why do companies sell their debts?

A deed of assignment of debt can be a real headache, as you now have another layer of money owed. You will probably rightly ask yourself – why? And how can they sell it?

It may seem strange and confusing, but it’s actually completely legal for them to sell your debt . When you sign a credit agreement, there is almost always a clause in fine print that states that the original creditor has the power to assign their rights to a third party.

As you have signed this agreement, they don’t actually need to ask for your permission to assign your debt.

This also means that you cannot dispute it or make a complaint about it either. The only exception to this rule is if you have given evidence of mental health issues .

» TAKE ACTION NOW:  Fill out the short debt form

What are the next steps?

So that’s the basics about a Deed of Assignment of Debt. But what does this mean for you? 

If your creditor passes one of your debts onto a third party company or debt collection agency, it will be officially noted that this new company is now responsible for collection .

You will be able to see this change on your credit report , and any defaults will also be registered in their name too. 

While it certainly adds another layer of confusion to proceedings and you may be unsure of what’s going on when you find out about a deed of assignment of debt, it can occasionally be a bit of a blessing in disguise. 

You may find it much easier dealing with the new company, as they could be more flexible when it comes to discussing interest and additional charges.

There is also the likelihood that these companies actually specialise in collecting debts , and so know how to approach you as the customer with more tact and delicacy than the original creditor.

Is there something missing? We’re all ears and eager to improve. Send us a message and let us know how we can make our article more useful for you.

You can email us directly at [email protected] to share your feedback.

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Why deed of assignment is important in every property purchase

Purchasing a home in Nigeria entails more than just making payments; you must have proof of ownership, just like any other related transaction. You must have the required paperwork for a property transfer because they are necessary for proving the seller's ownership interest.

If you don't have these documents, you could end up in legal trouble with others or the authorities. This is why it is critical that you become acquainted with the many types of property documentation available in Nigeria. And such documents include; Certificate of Occupancy (C of O) , Deed of Assignment, Survey Plan, Governor’s Consent and others. But in this article, we’ll get to know more about the document “Deed of Assignment”.

What is a Deed of Assignment?

A Deed of Assignment is a legal instrument that documents a land sale and transfers interest and title in real property from one party to another beginning on the date specified in the document. It is a document that is typically requested by the buyer of real estate at the conclusion of a property transaction, and it must contain particular information in order to be valid and binding on all parties involved in the transaction. When it comes to the transfer of land ownership, a deed of assignment is required.

Characteristics of a Deed of Assignment

The following information is required to be included in every deed of assignment:

• The details of the contracting parties like the name and status.
• Both parties' addresses are shown below.
• The agreed-upon price for the land and the seller's willingness to accept that price in the end
• The background of the area in question. This history could contain everything from how it was first acquired to when it's set to be sold.
• Covenants or pledges that both parties agree to make in order to complete the transfer of the document
• The property's entire description/specifications, including any fittings and fixtures.
• The land to be transferred description and size
• Survey Plan
• Witnesses to the transaction and the signatures of the parties to the assignment

Reason For Deed of Assignment?

A deed of assignment's principal function is to transfer an interest in or assign the title of property from a seller (an assignor) to a new buyer (the Assignee). To serve its goal, a deed of assignment must include the following details we have listed in the characteristics section above.

The Benefit for Deed of Assignment?

• Formality: A deed of assignment is a formal contract formed and executed between two parties to a real estate transaction to transfer all the unexpired remainder of land to the other party. It includes not only the fundamental needs, but also the specific terms on which the parties to the transaction have agreed. It serves as a great tool for both parties.
• Guarantee: A property lawyer should design a deed of assignment to guarantee that the best interests of the parties to the transaction are properly represented. The assignee's legal practitioner drafts the deed of assignment, which is then handed to the assignor (vendor) for vetting and execution.
• Valid Evidence of Transfer: A deed of assignment is very beneficial since it serves as a valid root of title to the land. It serves as valid evidence of transfer, particularly when the legitimacy of the land is disputed or a third party attempts to claim ownership of the same land.

Steps to Registering the Deed of Assignment in Nigeria

The registration procedure is as follows:

Following the execution of the Deed of Assignment, it must be properly registered and approved by the Governor in compliance with the Land Use Act, LFN 2004.Before the actual alienation or sale of any interest in land in Nigeria, the Governor's authorization is required. The Land Use Act stipulates that the Governor's consent must be acquired.

"The Governor may, when giving his consent to an assignment, mortgage, or sub-lease, require the holder of a statutory right of occupancy to submit an instrument executed in evidence of assignment, mortgage, or sub-lease, and the holder shall, when so required, deliver the said instrument to the Governor in order that the consent given by the Governor under subsection (1) may be signified by endorsement thereon," according to Section 22(2) of the Land Use Act. The ability to provide consent can be delegated, as stated in section 45 of the Land Use Act.

In general, after parties to a property transaction execute a deed of assignment, the procedure and steps for registering the executed deed of assignment in Lagos State or any other jurisdiction in Nigeria entail three primary steps: Obtaining Governor's Consent; Stamping of Deed; and Registration.

• Obtaining the Governor's Consent: When the purchased land is already registered in the seller's name at the registry, the application should be made with the land form 1c available at the land’s registry, and the form should be signed by the purchaser and the vendor. The application form will contain much information to be filled.
• Stamping of the Deed : Following the Governor's approval, the solicitor must guarantee that the transaction's stamp duty is paid. It is recommended that consent be obtained prior to the payment of stamp duties, as the duties paid cannot be recovered if the Governor rejects consent. Stamp duties are levied on a variety of transactions, one of which being the transfer of a property interest. Failure to pay stamp duties has the following consequences:
• The instrument will not be registered since it is not in good working order.
• According to Section 22 of the Stamp Duties Act, the instrument will be inadmissible in court as evidence.
• In the event of late registration, a penalty will be imposed.

3.Registration: The importance of registering a deed of assignment or conveyance that alienates a land interest is that it is a document affecting land in which one party confers, transfers, limits, charges, or extinguishes a right or title to or interest in land in favor of another party. Although registration does not cure defects in title, a deed of assignment is a registrable instrument that must be registered within 60 days after execution, according to section 25 of the Lagos State Land Instrument Registration Law.

In summary, in any land transaction, a deed of assignment is crucial because it serves as the main document between the original owner and the purchaser, demonstrating that all necessary negotiations have been completed and the purchase price has been paid. In addition, all other important conditions have been achieved by both parties to the transaction; and the owner has transferred all of his rights in the property to the purchaser.

Dennis Isong Helps Individuals Invest Right In Real Estate. For Questions On This Article Or Enquiring About Real Estate Email: [email protected] or Whatsapp/Call +2348164741041

Pulse Contributors is an initiative to highlight diverse journalistic voices. Pulse Contributors do not represent the company Pulse and contribute on their own behalf.

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Transfer of Property Legal Consultant

What is Deed of Assignment for Flat?

A Deed of Assignment for flat is a very important document in the process of transfer of flat property ownership. This document legally transfers ownership from the assignor to the assignee. But what exactly is an assignor and assignee, and what are the important points to include in a deed of assignment?

Important Points

Meaning of Assignor and Assignee

An assignor is a person who currently owns the flat property and is transferring its ownership to another person. The assignee is the person who is receiving the flat property ownership. The deed of assignment for flat is the document that legally transfers property ownership from the assignor to the assignee.

Meaning of Deed of Assignment for flat

The Deed of Assignment for flat is a legal instrument that formalizes the transfer of flat property ownership from the Assignor (owner)  to the Assignee (purchaser). The document acts as evidence of the transfer of flat property ownership and is used to protect the rights and interests of both parties.

Some Key Points in the Deed of Assignment

When creating a deed of assignment for flat, it is important to include several key points to ensure that the transfer of flat ownership is legally binding and properly documented. Here are some examples of important points to include:

Description of the flat/property

The deed of assignment for flat should include a detailed description of the property being transferred. This can include information such as the address, size, and any unique features of the property.

Flat/Property construction details

It is also important to include information about the construction of the flat property, such as the name of the constructor and details about the plan approval, commencement and completion certificates, etc.

Information of the Society

The deed of assignment for flat should include information about the society, like, the society name, and its registration number. 

Prior transaction history of the property

The deed of assignment for flat should include information about any prior transactions that happened on the flat property. This can include information about how the existing owner has received the ownership and all the references about previous transactions.

Consideration amount and payment details

The deed of assignment for flat should include information about the consideration amount (i.e. the amount of money being paid for the property), the mode of payment, and any details about the payment schedule.

Acknowledgment of payment

The Deed of Assignment for flat should also include a clause where the Assignor gives an acknowledgment that he/she has received the agreed consideration amount from the Assignee. This will help in avoiding any disputes in the future regarding the payment made for the property. It is essential to ensure that the consideration amount has been received in full and that the Assignor has no further claims to the property.

Assurances and indemnification by the assignor

One of the most critical aspects of a Deed of Assignment for flat is the assurances and indemnification provided by the Assignor to the Assignee. The Assignor must assure the Assignee that the property being transferred is free from any encumbrances or legal issues. The Assignor’s assurance declares that the property is not subject to any liens, leases, mortgages, or other agreements that may impact the transfer of the property. Moreover, the Assignor must confirm that the property is not the subject of any court litigation, and they hold the title of the property free and clear. This assurance guarantees that the property being transferred has a clean title, and there are no legal disputes attached to it.

Assurance of no payment dues

The Assignor must assure the Assignee that there are no outstanding dues or pending payments towards any electricity charges, piped gas connection charges, Society maintenance charges, property taxes, and other charges, all taxes and dues in the respect of the property as of the date of execution of the Deed of Assignment for flat. The Assignor should further declare that in case any dues or taxes remain unpaid till the date of execution of the Deed, he/she will pay the same without any objection or dispute.

Assignor’s promise to co-operate with assignee

The assignor should promise to co-operate with the assignee in the future if any documents need to be signed or if any other actions are required to transfer ownership of the flat property. For example – cooperation for enrolling the Assignee’s name as owners of the property in all Government records, society records, Property Tax & M.S.E.B., etc. as & when be required.

Governing law in case of any dispute

The deed of assignment for flat should specify the governing law that will be used in case of any disputes between the assignor and the assignee.

Execution in the presence of witnesses

Finally, the deed of assignment for flat should be signed (executed) by both the Assignor and the Assignee in the presence of witnesses. This ensures that the transfer of ownership is legally binding.

Registration and Stamp Duty

After the Deed of Assignment for flat has been signed by both the parties (assignor and assignee), it must be registered in the sub-registration office. In Maharashtra, the stamp duty for registration is calculated based on the consideration price or the government valuation of the property, whichever is higher. This is an important step to ensure that the transfer of ownership is legally recognized and that the rights and interests of both parties are protected. Proper registration of the Deed of Assignment will also prevent any future disputes or legal complications.

The deed of assignment for flat plays a vital role in transferring the ownership of a property. The document is a legally binding agreement that protects the interests of both the Assignor and the Assignee. It is important to include the above-mentioned important points. Additionally, registering the deed of assignment in the sub-registration office and paying the applicable stamp duty is mandatory.

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Q: I received a letter from a homeowner regarding a Deed and Seller's Assignment of Real Estate Contract.

My, now deceased, parents were involved with land development in the 1960's. I recently received a letter from a homeowner regarding a Deed and Seller's Assignment of Real Estate Contract that was not fulfilled. There is a balance on the contract and the home owners would like to get it resolved. My question is, what is my obligation (if any) and what should my next steps be?

• Des Moines, WA
• Licensed in Washington
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A: Generally in a case like this it may be helpful to determine the status of the agreement and resolve the unpaid balance. Once that is complete, the executors of your parents' estates could sign a fulfillment deed to resolve any ownership issues. To get legal advice for your particular situation, you may wish to consult a Washington real estate attorney who can evaluate your case and assist you in resolving this matter.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

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Execution of Patent Assignment Agreements

The execution of patent assignment agreements is a critical step in the transfer of patent rights, requiring careful attention to legal formalities, signature and witness requirements, notarization, and recordation procedures to validate and fortify the agreement. A well-crafted agreement is crucial to supporting a smooth transfer of patent rights, ultimately supporting a robust patent strategy. Key elements, such as parties, patent details, assignment terms, consideration, and signatures, must be carefully considered. In addition, understanding the obligations and functions of each party is necessary to facilitate a seamless transfer of patent rights. A thorough comprehension of these complexities is imperative to navigate the intricacies of patent assignment agreements.

Table of Contents

Understanding Patent Assignment Agreements

A patent assignment agreement is a legally binding contract that transfers ownership of a patent or patent application from one entity to another, assigning the associated rights, title, and interest. This agreement is a vital component of a patent strategy, as it enables the transfer of intellectual property rights, allowing companies to acquire or divest patent portfolios, merge with other entities, or license technology. The benefits of a patent assignment agreement are multifaceted. It provides a clear understanding of the ownership and rights associated with the patent, verifying that all parties involved are aware of their obligations and entitlements. Additionally, the agreement can be tailored to meet the specific needs of the parties, allowing for flexibility in the terms and conditions of the transfer. By executing a patent assignment agreement, companies can protect their intellectual property, minimize potential disputes, and facilitate the transfer of valuable assets. A well-crafted agreement is vital to supporting a smooth transfer of patent rights, ultimately supporting a robust patent strategy.

Key Elements of Assignment Documents

When drafting a patent assignment agreement, it is vital to incorporate key elements that guarantee a thorough and legally binding document. The structure of the assignment document, the legal transfer of ownership, and the effective date clauses are crucial components that warrant careful consideration. By examining each of these elements, parties can establish a clear and enforceable agreement that accurately reflects their intentions.

Assignment Document Structure

Every patent assignment agreement typically comprises several key elements that collectively form the backbone of the assignment document, providing a thorough and legally binding transfer of patent rights. These essential components ensure that the agreement is comprehensive, accurate, and enforceable. Effective drafting of these elements is crucial, and using established document templates can facilitate the process.

The following table highlights the key elements of a patent assignment agreement:

Legal Ownership Transfer

The legal ownership transfer, a critical aspect of patent assignment agreements, is facilitated by the inclusion of specific key elements that unambiguously convey the transfer of rights from the assignor to the assignee. These elements guarantee that the assignee acquires unequivocal ownership of the intellectual property, thereby safeguarding asset protection.

To effectuate a seamless transfer, the assignment agreement must explicitly state the assignor's intention to transfer all rights, title, and interest in the patent. The agreement should also identify the specific patent(s) being assigned, including their respective patent numbers, titles, and filing dates. In addition, the assignee's acceptance of the assignment should be acknowledged, and the assignor's warranties and representations regarding the patent's validity and ownership should be outlined.

Effective Date Clauses

In patent assignment agreements, decisive date clauses play a crucial part in establishing the precise point in time at which the assignor's rights, title, and interest in the patent are transferred to the assignee. These clauses define the moment when the assignor's obligations and liabilities cease, and the assignee's rights and responsibilities commence. Decisive date clauses can have retrospective application, where the transfer of rights is deemed to have taken place at a prior date, or they can specify future dates, where the transfer occurs on a specific date or upon the fulfillment of certain conditions. The inclusion of decisive date clauses provides clarity and certainty in the assignment process, avoiding potential disputes and ambiguities. It is imperative to draft these clauses with precision, taking into account the specific circumstances of the assignment, to guarantee that the parties' intentions are accurately reflected. By doing so, the decisive date clause provides a clear and binding agreement on the timing of the patent assignment, safeguarding the interests of both the assignor and assignee.

Parties Involved in Execution Process

In the execution process of a patent assignment agreement, multiple parties play vital parts to validate and confirm the enforceability of the agreement. The assigning party, receiving party, and witnesses all have distinct responsibilities that must be fulfilled to complete the execution process successfully. A thorough understanding of the obligations and functions of each party is vital to facilitate a seamless transfer of patent rights.

Assigning Party's Role

Executing a patent assignment agreement necessitates the active involvement of the assigning party, who plays a crucial part in the execution process. The assigning party, also referred to as the assignor, is responsible for transferring their patent rights to another entity. The assignor's motivation for assigning the patent rights may vary, including a desire to monetize their intellectual property, to simplify their patent portfolio, or to comply with regulatory requirements. Regardless of the motivation, the assignor assumes certain liabilities throughout the assignment process. Assignor liability may arise from representations and warranties made in the assignment agreement, such as the assignor's ownership of the patent rights and the absence of any encumbrances. The assignor must verify that the assignment agreement accurately reflects the terms of the transfer, including the scope of the assigned rights and any applicable territorial restrictions. By understanding their function and obligations, assignors can effectively navigate the patent assignment process and minimize potential liabilities.

Receiving Party's Obligations

The receiving party, also known as the assignee, takes on significant obligations upon entering into a patent assignment agreement, including the duty to pay consideration, comply with contractual provisions, and assume liability for future infringements. These obligations are vital to the execution of the agreement and must be carefully considered by the receiving party.

| Recordation | The receiving party must record the assignment with the relevant patent office to provide public notice of the change in ownership.

Witnesses and Signatures

A patent assignment agreement's validity and enforceability often hinge on the proper execution of the document, which necessitates the involvement of specific parties to witness and sign the agreement. In this regard, the presence of witnesses is vital to authenticate the signatures of the assignor and assignee. Witness rules dictate that the witnesses must be impartial, unrelated to the parties involved, and of legal age. Typically, two witnesses are required, although this may vary depending on jurisdictional requirements. The witnesses must sign the agreement in the presence of the assignor and assignee, thereby verifying their identities and confirming that they have voluntarily executed the document.

Signature protocols are equally important, as they validate the authenticity and integrity of the agreement. The assignor and assignee must sign the agreement in the presence of the witnesses, using their full legal names and titles. The signatures must be original, and any modifications or alterations to the agreement must be initialed by all parties. By adhering to these witness rules and signature protocols, the patent assignment agreement is rendered legally binding and enforceable, providing a solid foundation for the transfer of patent rights.

Signature and Witness Requirements

In jurisdictions with specific signature and witness requirements, patent assignment agreements must comply with these formalities to guarantee their validity and enforceability. Failure to meet these requirements can lead to the agreement being deemed invalid or unenforceable, potentially resulting in significant legal and financial consequences.

To ensure compliance, it is essential to understand the specific requirements of the jurisdiction in which the agreement is being executed. This may include:

• Physical presence : In some jurisdictions, signatories must be physically present to sign the agreement.
• Witness requirements : The agreement may require a specific number of witnesses to be present during the signing process.
• Digital authentication : Some jurisdictions permit digital authentication, allowing for electronic signatures to be used in place of traditional wet signatures.
• Formal notarization : In certain cases, the agreement may require formal notarization, which involves the signature of a notary public.

Notarization and Recordation Procedures

Following compliance with signature and witness requirements, patent assignment agreements must undergo notarization and recordation procedures to complete their execution and provide public notice of the assignment. Notarization involves having the signatures of the parties authenticated by a notary public, verifying the identities of the signatories and validating their willingness to execute the agreement. The notary's fee for this service, known as Notary Fees, varies by jurisdiction.

Recordation, on the other hand, involves filing the notarized agreement with the relevant patent office or registry, making it a public record. This step is vital, as it provides constructive notice to third parties of the assignment and helps to establish the new ownership rights. Jurisdictional Issues may arise during recordation, particularly when dealing with international assignments or agreements involving multiple parties from different countries. It is vital to comply with the specific recordation requirements and procedures of each jurisdiction to guarantee the validity and enforceability of the assignment. By completing the notarization and recordation procedures, parties can confirm the legal effectiveness of their patent assignment agreements.

Post-Execution Obligations and Considerations

Upon execution of a patent assignment agreement, parties must attend to various post-execution obligations and considerations to guarantee the seamless transfer of rights and minimize potential disputes. This critical phase ensures that the agreement is properly implemented, and all necessary steps are taken to secure the assigned patent rights.

To achieve a smooth transition, the following post-execution obligations and considerations are essential:

• Compliance Checks : Verify that all necessary formalities, such as recordation with the relevant patent office, have been completed to perfect the assignment.
• Ongoing Maintenance : Ensure that all patent maintenance fees are paid, and necessary documents are filed to maintain the validity of the assigned patent.
• Notice to Interested Parties : Inform all relevant parties, including inventors, employees, and other stakeholders, of the patent assignment to avoid any confusion or disputes.
• Documentation and Record-Keeping : Organize and maintain accurate records of the patent assignment, including the agreement, proof of payment, and other relevant documents.

Frequently Asked Questions

Can patent assignment agreements be electronically signed?.

In the digital age, the question arises: can agreements be electronically signed? Yes, patent assignment agreements can be validly executed with digital signatures, provided they adhere to electronic authentication protocols, guaranteeing authenticity and non-repudiation.

How Long Does the Execution Process Typically Take?

The execution process duration varies, but with digital signatures, Faster Processing is achievable. Typically, it takes 1-5 business days, depending on the parties' availability and the complexity of the agreement, which may require extended Legal Review.

What Happens if a Party Refuses to Execute the Agreement?

In the event of refusal to execute an agreement, a party may face breach consequences, including legal action and potential damages. Dispute resolution mechanisms, such as arbitration or mediation, may be employed to resolve the impasse.

Can Assignment Agreements Be Amended After Execution?

After execution, assignment agreements can be amended through a subsequent agreement or court order, potentially resolving post-execution disputes, although such revisions must comply with applicable laws and regulations governing agreement revisions.

Who Bears the Cost of Notarization and Recordation Fees?

In general, cost allocation for notarization and recordation fees is typically negotiated between parties, with fee responsibility often falling on the assignor, although it may be stipulated in the agreement or dictated by local laws and regulations.

UNLOCK YOUR COPY

Introduction

The Worker business object is complex with around 30 components in the object hierarchy. This tutorial doesn't attempt to cover all available components of this complex object but provides guidance on the rules you need to follow when uploading new hires.

• WorkRelationship
• Create and upload a HCM Data Loader Worker.dat file to load new hires.
• Understand the rules specific to loading new hires.

Prerequisites

To complete this tutorial, you will require:

• Access to import and load data using HCM Data Loader.
• Access to Setup and Maintenance to update a lookup type.
• A text editor to create your files.
• A file compressor to zip your business object data files.

Task 1: Create the Source System Owner

• In the application, click on your username and click Setup and Maintenance .

• Click on the side drawer icon and click Search .

• Search for and select the Manage Common Lookups task.
• Search for the Lookup Type HRC_SOURCE_SYSTEM_OWNER .
• Click the Add icon in the Lookup Codes table.

• Specify EMP in the lookup code and meaning, specify a Start Date of 01/01/2000 .
• Click Save .

Task 2: Create the Worker File

The Worker component identifies the worker with the Person Number and Date of Birth.

Create a new file and add these file lines: METADATA|Worker|SourceSystemOwner|SourceSystemId|EffectiveStartDate|PersonNumber|StartDate|DateOfBirth|ActionCode MERGE|Worker|EMP|HDL001|2001/09/08|HDL-1001|2001/09/08|1952/05/21|HIRE MERGE|Worker|EMP|HDL002|2005/02/08|HDL-1002|2005/02/08|1966/04/21|HIRE

• Each Worker record is uniquely identified by a source key using attributes SourceSystemOwner and SourceSystemId . For example, EMP and HDL001, EMP and HDL002.
• The PersonNumber attribute is the user key and is also provided, but if you are auto-generating person numbers, you don't need to supply it.
• An ActionCode of HIRE is needed for new hires.
• The value for EffectiveStartDate must match the StartDate value when creating new hires.

Person Name

The PersonName component records your employee's name.

Add these file lines to your file: METADATA|PersonName|SourceSystemOwner|SourceSystemId|EffectiveStartDate|PersonId(SourceSystemId)|NameType|LegislationCode|Title|LastName|FirstName MERGE|PersonName|EMP|HDL001_NME|2001/09/08|HDL001|GLOBAL|US|MR.|Wells|Christopher MERGE|PersonName|EMP|HDL002_NME|2005/02/08|HDL002|GLOBAL|US|MRS.|Hugh|Lorraine

• Each PersonName record is uniquely identified by a source key using attributes SourceSystemOwner and SourceSystemId . For example, EMP, HDL001_NME .
• To identify the Worker record each PersonName is for, the source system ID is supplied to the parent surrogate ID attribute PersonId with the (SourceSystemId) hint. For example, HDL001 , or HDL002 .
• The LegislationCode determines the valid values for the Title attribute, so if you change the legislation code you may need to change the value for the Title attribute.
• The value for EffectiveStartDate on the PersonName record must match that of the Worker record for new hires.

Person Legislative Data

The PersonLegislativeData component is where you capture your employee's marital status and gender.

Add these files lines to your file: METADATA|PersonLegislativeData|SourceSystemOwner|SourceSystemId|EffectiveStartDate|PersonId(SourceSystemId)|LegislationCode|Sex|MaritalStatus MERGE|PersonLegislativeData|EMP|HDL001_LEG|2001/09/08|HDL001|US|M|M MERGE|PersonLegislativeData|EMP|HDL002_LEG|2005/02/08|HDL002|US|F|S

• Each PersonLegislativeData record is uniquely identified by a source key. For example, EMP, HDL001_LEG.
• The parent record is Worker, so you reference the parent record in the same way as for PersonName, using the PersonId(SourceSystemId) attribute.
• The LegislationCode determines the valid values for the Sex and MaritalStatus attributes.
• The value for EffectiveStartDate on the PersonLegislativeData record must match that of the Worker record for new hires.

Work Relationship

The WorkRelationship component specifies the legal employer for your employee.

Add these file lines to your file: METADATA|WorkRelationship|SourceSystemOwner|SourceSystemId|PersonId(SourceSystemId)|LegalEmployerName|DateStart|WorkerType|PrimaryFlag MERGE|WorkRelationship|EMP|HDL001_POS|HDL001|Vision Corporation|2001/09/08|E|Y MERGE|WorkRelationship|EMP|HDL002_POS|HDL002|Vision Corporation|2005/02/08|E|Y

• Each WorkRelationship record is uniquely identified by a source key. For example, EMP, HDL001_POS.
• The parent record is still the Worker record, so you reference the parent record using the PersonId(SourceSystemId) attribute.
• The DateStart attribute value must match the StartDate supplied on the parent Worker record for new hires.

Employment Terms

Employment Terms are no longer visible in Oracle HCM, but you still need to supply a skeleton WorkTerms record to link the WorkRelationship and Assignment records.

Add these file lines to your file: METADATA|WorkTerms|SourceSystemOwner|SourceSystemId|PeriodOfServiceId(SourceSystemId)|ActionCode|EffectiveStartDate|EffectiveSequence|EffectiveLatestChange|AssignmentName|AssignmentNumber|PrimaryWorkTermsFlag MERGE|WorkTerms|EMP|HDL001_TRM|HDL001_POS|HIRE|2001/09/08|1|Y|ET-HDL001|ET-HDL001|Y MERGE|WorkTerms|EMP|HDL002_TRM|HDL002_POS|HIRE|2005/02/08|1|Y|ET-HDL002|ET-HDL002|Y

• Each WorkTerms record is uniquely identified by a source key. For example, EMP, HDL001_TRM.
• The parent for the WorkTerms is the WorkRelationship , the parent record is identified by the PeriodOfServiceId attribute. The SourceSystemId hint is added, so you can supply the source key to identify the parent work relationship.
• As the parent work relationship record and the local employment terms record both use the same source system owner, both references use the same SourceSystemOwner attribute.
• The EffectiveStartDate value must match that on the WorkRelationship record.

The Assignment record type is where you specify your employee's department, location, position, job etc.

Add these file lines to your file: METADATA|Assignment|SourceSystemOwner|SourceSystemId|ActionCode|EffectiveStartDate|EffectiveSequence|EffectiveLatestChange|WorkTermsAssignmentId(SourceSystemId)|AssignmentName|AssignmentNumber|AssignmentStatusTypeCode|PersonTypeCode|BusinessUnitShortCode|PrimaryAssignmentFlag|JobId(SourceSystemId)|JobId(SourceSystemOwner) MERGE|Assignment|EMP|HDL001_ASG|HIRE|2001/09/08|1|Y|HDL001_TRM|HDL001|HDL001|ACTIVE_PROCESS|Employee|Vision Operations|Y|SCN|VISION MERGE|Assignment|EMP|HDL002_ASG|HIRE|2005/02/08|1|Y|HDL002_TRM|HDL002|HDL002|ACTIVE_PROCESS|Employee|Vision Operations|Y|MGR|VISION

• Each Assignment record is uniquely identified by a source key. For example, EMP, HDL001_ASG.
• The parent for the Assignment is the WorkTerms , the parent record is identified by the WorkTermsAssignmentId attribute. Using the SourceSystemId hint, you can use the source key to identify the parent WorkTerms record.

To specify a different source system owner for a foreign object reference, add the SourceSystemOwner hint to the attribute that identifies the foreign object, i.e., JobId(SourceSystemOwner) .

• The EffectiveStartDate value must match that on the WorkTerms record.

Task 3: Save and Upload Your File

• Save your file, naming it Worker.dat . Alternatively, download and edit the Worker.dat file.
• Compress (zip) the Worker.dat into a filename of your choice, but it must have a .zip file extension.
• Upload your file using HCM Data Loader.

The following tutorials will further expand your HCM Data Loader knowledge:

• Understanding HCM Data Loader (HDL) Business Objects
• Loading Flexfield Segments, Images and Attachments with HCM Data Loader (HDL)
• Make Date-Effective Changes with HCM Data Loader (HDL)

Related Links

• HCM Data Loader Oracle by Example Tutorials
• Overview of HCM Data Loader
• Overview of Loading Workers

Acknowledgements

• Authors - Ema Johnson (Senior Principal Product Manager)

More Learning Resources

Explore other labs on docs.oracle.com/learn or access more free learning content on the Oracle Learning YouTube channel . Additionally, visit education.oracle.com/learning-explorer to become an Oracle Learning Explorer.

For product documentation, visit Oracle Help Center .

Create and Load New Hires with HCM Data Loader (HDL)

August 2024

• SI SWIMSUIT
• SI SPORTSBOOK

Former Chicago Cubs World Series Star Released from Los Angeles Dodgers

Matthew postins | aug 27, 2024.

• Los Angeles Dodgers

Former Chicago Cubs outfielder Jason Heyward was released by the Los Angeles Dodgers on Monday, according to the MLB transactions log , paving his way into free agency.

The Dodgers recently designated him for assignment and exposed him to waivers. His release means that no team put in a claim for him and the Dodgers were unable to find a taker in a trade.

Heyward’s bat took a significant dip from his resurgent 2023, as he batted .208/.289/.393/.682 with six home runs and 28 RBI before his DFA. He made his last plate appearance for the Dodgers on Aug. 20 in a pinch-hit capacity in which he hit a home run. He was a pinch-hitter in four of his final five games, with his last start coming on Aug. 15.

His release serves to open up more playing time in the outfield for other players, but they are still on the hook for the remainder of his salary. Any team that signs Heyward would get him for the pro-rated amount of the $740,000 league minimum.

Now 35 years old, teams will have to determine if Heyward’s downturn at the plate it worth adding to their roster for the rest of the year. Rosters expand next week, but a player of Heyward’s tenure will need a Major League roster spot, and in many cases will demand a 40-man roster move.

He also needs to sign with a team by the end of the month if he hopes to be eligible for postseason play.

Last year Heyward slashed .269/340/.473/.813 with 15 home runs and 40 RBI, which was his best season since 2019 with Chicago (21 home runs, 62 RBI). That led the Dodgers to re-sign him as a free agent for 2024 at $9 million.  

Heyward played for the Cubs from 2016-2022, and before that he broke in with Atlanta in 2010 and he played for the Braves until 2015, after which he signed a free-agent deal with the Cubs for eight years and $184 million.

The Cubs released Heyward after the 2022 season, even though he was owed $22 million on the final year of his contract.

In seven seasons with the Cubs he slashed .245/.323/.377/.700 with 62 home runs and 289 RBI. He also won two Gold Gloves with the Cubs.

Heyward was a part of the Cubs’ 2016 World Series championship game, the club’s first title in more than 100 years. He has five Gold Gloves, a Wilson Overall Defensive Player of the Year Award and one All-Star Game appearance.  

Heyward is a 14-year veteran who broke in with Atlanta in 2010. He was an All-Star and finished second in Rookie of the Year voting in 2010. He’s also a five-time Gold Glove outfielder but hasn’t won one since 2017.

MATTHEW POSTINS

Matthew Postins is an award-winning sports journalist who covers the Texas Rangers, Philadelphia Phillies, Chicago Cubs and Houston Astros for Sports Illustrated/FanNation. He also covers he Big 12 for Heartland College Sports.

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