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Understanding the Assignment of Mortgages: What You Need To Know

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A mortgage is a legally binding agreement between a home buyer and a lender that dictates a borrower's ability to pay off a loan. Every mortgage has an interest rate, a term length, and specific fees attached to it.

Attorney Todd Carney

Written by Attorney Todd Carney .  Updated November 26, 2021

If you’re like most people who want to purchase a home, you’ll start by going to a bank or other lender to get a mortgage loan. Though you can choose your lender, after the mortgage loan is processed, your mortgage may be transferred to a different mortgage servicer . A transfer is also called an assignment of the mortgage. 

No matter what it’s called, this change of hands may also change who you’re supposed to make your house payments to and how the foreclosure process works if you default on your loan. That’s why if you’re a homeowner, it’s important to know how this process works. This article will provide an in-depth look at what an assignment of a mortgage entails and what impact it can have on homeownership.

Assignment of Mortgage – The Basics

When your original lender transfers your mortgage account and their interests in it to a new lender, that’s called an assignment of mortgage. To do this, your lender must use an assignment of mortgage document. This document ensures the loan is legally transferred to the new owner. It’s common for mortgage lenders to sell the mortgages to other lenders. Most lenders assign the mortgages they originate to other lenders or mortgage buyers.

Home Loan Documents

When you get a loan for a home or real estate, there will usually be two mortgage documents. The first is a mortgage or, less commonly, a deed of trust . The other is a promissory note. The mortgage or deed of trust will state that the mortgaged property provides the security interest for the loan. This basically means that your home is serving as collateral for the loan. It also gives the loan servicer the right to foreclose if you don’t make your monthly payments. The promissory note provides proof of the debt and your promise to pay it.

When a lender assigns your mortgage, your interests as the mortgagor are given to another mortgagee or servicer. Mortgages and deeds of trust are usually recorded in the county recorder’s office. This office also keeps a record of any transfers. When a mortgage is transferred so is the promissory note. The note will be endorsed or signed over to the loan’s new owner. In some situations, a note will be endorsed in blank, which turns it into a bearer instrument. This means whoever holds the note is the presumed owner.

Using MERS To Track Transfers

Banks have collectively established the Mortgage Electronic Registration System , Inc. (MERS), which keeps track of who owns which loans. With MERS, lenders are no longer required to do a separate assignment every time a loan is transferred. That’s because MERS keeps track of the transfers. It’s crucial for MERS to maintain a record of assignments and endorsements because these land records can tell who actually owns the debt and has a legal right to start the foreclosure process.

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Assignment of Mortgage Requirements and Effects

The assignment of mortgage needs to include the following:

The original information regarding the mortgage. Alternatively, it can include the county recorder office’s identification numbers. 

The borrower’s name.

The mortgage loan’s original amount.

The date of the mortgage and when it was recorded.

Usually, there will also need to be a legal description of the real property the mortgage secures, but this is determined by state law and differs by state.

Notice Requirements

The original lender doesn’t need to provide notice to or get permission from the homeowner prior to assigning the mortgage. But the new lender (sometimes called the assignee) has to send the homeowner some form of notice of the loan assignment. The document will typically provide a disclaimer about who the new lender is, the lender’s contact information, and information about how to make your mortgage payment. You should make sure you have this information so you can avoid foreclosure.

Mortgage Terms

When an assignment occurs your loan is transferred, but the initial terms of your mortgage will stay the same. This means you’ll have the same interest rate, overall loan amount, monthly payment, and payment due date. If there are changes or adjustments to the escrow account, the new lender must do them under the terms of the original escrow agreement. The new lender can make some changes if you request them and the lender approves. For example, you may request your new lender to provide more payment methods.

Taxes and Insurance

If you have an escrow account and your mortgage is transferred, you may be worried about making sure your property taxes and homeowners insurance get paid. Though you can always verify the information, the original loan servicer is responsible for giving your local tax authority the new loan servicer’s address for tax billing purposes. The original lender is required to do this after the assignment is recorded. The servicer will also reach out to your property insurance company for this reason.  

If you’ve received notice that your mortgage loan has been assigned, it’s a good idea to reach out to your loan servicer and verify this information. Verifying that all your mortgage information is correct, that you know who to contact if you have questions about your mortgage, and that you know how to make payments to the new servicer will help you avoid being scammed or making payments incorrectly.

Let's Summarize…

In a mortgage assignment, your original lender or servicer transfers your mortgage account to another loan servicer. When this occurs, the original mortgagee or lender’s interests go to the next lender. Even if your mortgage gets transferred or assigned, your mortgage’s terms should remain the same. Your interest rate, loan amount, monthly payment, and payment schedule shouldn’t change. 

Your original lender isn’t required to notify you or get your permission prior to assigning your mortgage. But you should receive correspondence from the new lender after the assignment. It’s important to verify any change in assignment with your original loan servicer before you make your next mortgage payment, so you don’t fall victim to a scam.

Attorney Todd Carney

Attorney Todd Carney is a writer and graduate of Harvard Law School. While in law school, Todd worked in a clinic that helped pro-bono clients file for bankruptcy. Todd also studied several aspects of how the law impacts consumers. Todd has written over 40 articles for sites such... read more about Attorney Todd Carney

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What Is a Transfer of Mortgage?

How a transfer of mortgage works, special considerations for transfer of mortgage, the bottom line.

  • Personal Finance

Transfer of Mortgage: What it Is and How it Works

Julia Kagan is a financial/consumer journalist and former senior editor, personal finance, of Investopedia.

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Lea Uradu, J.D. is a Maryland State Registered Tax Preparer, State Certified Notary Public, Certified VITA Tax Preparer, IRS Annual Filing Season Program Participant, and Tax Writer.

mortgage transfer assignment

Transfer of mortgage is a transaction where either the borrower or lender assigns an existing mortgage (a loan to purchase a property—usually a residential one—using the property as collateral) from the current holder to another person or entity.

Homeowners who are unable to keep current on their mortgage payments may seek a transfer so that they do not default and go into foreclosure. However, not every mortgage is transferable . Here's how a transfer of mortgage works, and how to tell if your mortgage allows this strategy.

key takeaways

  • A transfer of mortgage is the reassignment of an existing mortgage from the current holder to another person or entity.
  • Not all mortgages can be transferred to another person.
  • If a mortgage can be transferred, the lender has the right to approve the person assuming the loan.
  • Many mortgage lenders often include a due-on-sale clause in their loans that prohibits a home seller transferring a mortgage to a buyer.

A transfer of mortgage lets a buyer take over the current homeowner's mortgage, assuming the same terms and conditions as they take over responsibility for payments. If your mortgage allows it, this strategy can help you avoid foreclosure, but it can have advantages for the new mortgage owner as well.

For one, the new mortgage owner may want to take on an older mortgage because such a transfer could let them take advantage of previous interest rates if they are lower than the current market rates. Although the new mortgage owner may have to undergo a credit check by the lender.

A transfer of the mortgage, if completed successfully without challenge or stipulations, would not change the terms or length of the loan. The new mortgage owner would only be responsible for the remaining outstanding balance. Through a transfer of the mortgage, a buyer might also avoid having to pay closing costs associated with a new mortgage.

Many mortgages are not eligible for transfer . Mortgages that are eligible are considered "assumable." In order to transfer a mortgage, the mortgage lender will typically need to verify that the person or entity that will assume the loan has adequate income and credit history to be able to make payments in a timely manner.

If you are not allowed to transfer a mortgage due to the loan's underwriting, you may need to explore other options to avoid foreclosure . For example, you could work with your lender to see if they will agree to other payment arrangements, such as a temporary suspension of your payment obligation.

Another option to avoid foreclosure is to sell the home and have a potential buyer, colleague, family member, or another entity agree to make up any difference between the home's sale price and the unpaid loan balance.

Lenders who want to deter a transfer of mortgage might include a clause in the mortgage that requires the remaining balance of the loan to be due on the sale of the property.

This due on sale clause ensures that when homeowners sell their houses, they cannot transfer the mortgage to the buyer (which could play a key part in a homebuyer's making an offer, especially if the mortgage interest was lower than the current market rates). These clauses in effect require the seller to repay the full outstanding balance on the loan, perhaps with the sale proceeds, and likewise compel the buyer to take out a new mortgage to make the purchase.

Under the 1982 Garn-St. Germain Act , lenders cannot enforce the due-on-sale clause in certain situations even if ownership has changed.

You can potentially avoid triggering a due-on-sale clause by transferring the mortgage to an immediate family member, or to a spouse from whom one is legally separated or divorced.

Further, the transfer may be a result of an inheritance following the death of the borrower, and the family member is moving into the home. In such an instance, the lender might not have grounds to prevent the transfer of the mortgage. If the property is transferred to a living trust and the borrower is the trust’s beneficiary , the mortgage usually can also be transferred as well.

Can You Add a Co-Borrower to Your Mortgage?

Once you have a mortgage on your own, you cannot add a co-borrower without refinancing the loan. Many mortgage lenders allow co-borrowers, but some may not. The requirements for a home loan will vary by lender.

What Types of Mortgages are Assumable Mortgages?

Assumable mortgages that can be transferred to another person or entity may include Federal Housing Authority (FHA) loans, U.S. Department of Agriculture (USDA) loans, and Veterans Affairs (VA) loans. Conventional mortgages backed by Freddie Mac or Fannie Mae are generally not assumable.

What Is an Unofficial Transfer?

An unofficial transfer is not a legal arrangement. In this case, the original homeowner continues to make payments to their mortgage lender, but they receive payments from another party to help them make the payments.

Whether you can transfer a mortgage to another party will depend on what type of mortgage you have and the lender's standards. Most conventional mortgages backed by Fannie Mae and Freddie Mac are not eligible for mortgage transfers. Before you go forward with this strategy of avoiding foreclosure, consider alternatives such as working with your lender or requesting forbearance.

U.S. Department of Housing and Urban Development. " Assumptions ."

Congress.gov. " H.R.6267 - Garn-St. Germain Depository Institutions Act of 1982 ."

United States Department of Agriculture. " Chapter 2 - Overview of Section 502 ."

mortgage transfer assignment

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Key takeaways

  • A mortgage transfer is when another person or an entity takes over your existing mortgage.
  • Most mortgages are not transferable, but lenders may approve a transfer in a few situations.

In most circumstances, a mortgage can’t be transferred from one borrower to another. That’s because most lenders and loan types don’t allow another borrower to take over payment of an existing mortgage.

In some cases, though, a mortgage transfer is necessary and allowed, such as in the event of a death, divorce or separation, or when a living trust is involved.

What is a mortgage transfer?

A transfer of a mortgage is when a borrower reassigns an existing home loan to another person or entity.

“In essence, this transfers all responsibilities associated with the mortgage and lien on the property to somebody new,” says Rene Segura, head of consumer lending for FBX, the banking division of Informa Financial Intelligence, based in Dallas.

This transfer, or assignment, is usually only allowed when the mortgage is assumable , says Rajeh Saadeh, a Somerville, New Jersey-based real estate attorney. When transferring an assumable mortgage, the new borrower agrees to make all future payments at the original interest rate. The transfer typically severs any legal obligations the original borrower has to the loan.

How a transfer of mortgage works

When you transfer a mortgage, another person assumes the financial responsibility of repaying the outstanding loan balance, under the same terms and conditions. The monthly payment, loan length and interest rate will remain the same once the mortgage is transferred to the new borrower. After the successful transfer of a mortgage, the original borrower is usually relieved of any financial obligations for repaying the loan.

Transferring a mortgage has benefits for both the original borrower and the new borrower. For example, transferring a mortgage can help the original borrower avoid foreclosure if they’re unable to continue paying their loan. For the new borrower, assuming an existing mortgage can potentially help them get a better interest rate than what’s offered in the current market and avoid the closing costs required with a new mortgage.

Can I transfer my mortgage to another person?

The short answer is yes, you can transfer your mortgage to another person, but only under certain circumstances. To find out if your mortgage is transferable, assumable or assignable, contact your lender and ask.

“Most lenders would prefer not to do a loan transfer, as it doesn’t benefit them in any way unless the buyer is at risk of being in default,” says Dustin Singer, a real estate agent and an investor in Pittsburgh.

Make no mistake: Most mortgages are not transferable from one borrower to another. That’s true of conventional loans , which are not government-backed (meaning they’re not an FHA, VA or USDA loan), as well as conforming loans that meet funding criteria for Fannie Mae and Freddie Mac.

“These types of loans tend to use a due-on-sale clause , which requires a loan to be repaid in full or conveyance of the full interest in a property to allow the mortgage transfer,” says Segura. “In other words, the loan must be fully repaid, and a new mortgage would need to be executed to achieve a transfer.”

Loans that are usually assumable, meaning you can transfer them in some cases, include:

Keep in mind there are exceptions to this rule, so not all loans will be transferable.

“ FHA loans are typically assumable but depend on the current state of the loan and the creditworthiness of the new borrower at the time of attempted transfer,” says Segura, adding that to complete the transfer, the new borrower would have to go through the application process and may need to have a property appraisal done, as well.

For VA loans , this same process applies, but only if the loan closed before March 1, 1988. VA loans closed after that date may require approval by the lender or loan servicer.

USDA loans may also be transferable pending lender approval.

Exceptions to the rule

Even if your mortgage has a due-on-sale clause and isn’t assumable, there are certain circumstances under which your lender may approve a transfer. These include:

  • Death of a spouse, joint tenant or relative
  • Transfers between family members, including the borrower’s spouse or children
  • Divorce or separation agreements in which an ex-spouse continues to live in the home
  • Living trust arrangements in which the borrower is a beneficiary

For these mortgage transfers to work, the new borrower needs to be added to the property’s deed, the deceased owner needs to be removed from the deed or a spouse relinquishing ownership must sign a quitclaim deed.

When a mortgage transfer makes sense

There are several situations when transferring a mortgage might make sense. Some of those scenarios include:

  • A family member has an ownership stake in the home: If an immediate family member has an ownership stake in the property, you might transfer the mortgage into their name.
  • A family member is better suited financially to take on the loan: Transferring a mortgage can be a good solution if you have a family member who is in a better financial position to repay the loan.
  • The original borrower has passed away: If the original mortgage borrower dies , it makes sense to transfer the loan to a relative or survivor who has the ability to pay it back.

“All of these scenarios are still on a case-by-case basis in which the lender will need to approve the transfer,” says Segura.

“Many people try to assume mortgages so they can take advantage of lower interest rates than what they would qualify for today,” says Than Merrill, founder of FortuneBuilders in San Diego.

How to transfer a mortgage

To learn how to transfer ownership of a house with a mortgage, you’ll need to talk to your lender and see if your mortgage qualifies for a transfer. Here’s how the process might look:

  • Contact your lender. Before doing anything else, reach out to your lender to check that your mortgage is transferable.
  • Consider legal representation. Transferring a mortgage can be complicated. If you’re nervous about doing it alone, you can hire an attorney to help you navigate the process.
  • Begin the transfer process. After confirming your eligibility, you can work with your lender to start the transfer. Depending on your loan and lender, this can include completing paperwork and verifying that you’re current on your payments. The lender will also assess the new borrower’s credit profile.
  • Complete the transfer. Mortgage transfers aren’t instant. Until yours is approved, don’t forget to keep making loan payments and comply with any follow-up instructions sent by your lender.

What are transfer taxes?

Some state and local governments impose a one-time real estate transfer tax that must be paid any time a property is transferred from one person to another. In many cases, the seller must cover transfer taxes, but this varies by jurisdiction. The amount of the tax also depends on where you live, but it’s usually either a flat rate or a percentage of your home’s sale price.

Alternatives to a mortgage transfer

Instead of transferring a mortgage, consider these alternatives:

  • Buying the home from the original borrower : The person who wishes to assume the loan applies for a new mortgage and buys the home from the previous borrower. However, this means dealing with new loan terms and interest rates .
  • Adding a second borrower : This option involves adding the new borrower to the loan. However, it won’t remove the original borrower, so they’ll remain liable for the debt.
  • Refinancing and adding a borrower : Refinancing your mortgage and adding a second borrower lets you adjust the loan’s terms and rate. It may be easier to add another borrower by refinancing. However, this also has the drawback of not freeing the original borrower from their liability for the loan.
  • Unofficial transfers : With this option, you can have the new borrower send payments to the original borrower, who then pays the loan. However, this is a bad idea because the initial borrower is liable for the debt and has little recourse if the new borrower stops paying. It may also break the terms of the mortgage, especially if the original borrower moves out.

Can I take over a mortgage from my parents?

Do i have to notify my lender of the transfer, why would a bank transfer a mortgage, bottom line.

Transferring a mortgage can simplify things: The new borrower wouldn’t have to apply for a new loan, pay for closing costs or possibly risk paying higher interest rates. However, many kinds of mortgages aren’t transferable, and if yours is, you’ll have to prepare for a lot of paperwork to make it official.

“The mortgage transfer will require a lot of documentation, with several new guidelines and criteria on the loan,” says Segura. “Read all documents thoroughly for any potential changes on the mortgage rights.”

Also, keep in mind that a mortgage transfer doesn’t change the debt obligation on the loan; the new borrower still needs to pay off the same outstanding balance.

If in doubt, consider discussing this option with a real estate attorney and skilled financial professional before proceeding.

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“ Chapter 7. Assumptions " U.S. Department of Housing and Urban Development. Accessed on Jan. 24, 2024.

“ Rights of VA Loan Borrowers " U.S. Department of Veterans Affairs. Accessed on Jan. 24, 2024.

" Chapter 2: Overview of Section 502 " U.S. Department of Agriculture. Accessed on Jan. 24, 2024.

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Daniel Moore

Daniel Moore

Demystifying mortgage assignment: what it means for borrowers and lenders, demystifying mortgage assignment: what it means for borrowers and lenders. explore the process, benefits, and risks in our comprehensive guide..

Demystifying Mortgage Assignment: What it Means for Borrowers and Lenders

A mortgage assignment is a financial process in which an existing mortgage is transferred from the current holder to another party. It can occur for various reasons, such as a lender selling the mortgage to another bank or financial institution.

Understanding mortgage assignment is essential for both borrowers and lenders, as it impacts the terms and the handling of the loan.

This brief introduction lays the groundwork for a deeper understanding of what mortgage assignment entails and its significance in the mortgage industry.

Understanding Mortgage Assignment

Mortgage assignment is when the original lender transfers the mortgage to another lender or financial institution. This can occur for various reasons, including the original lender wanting to liquidate assets or reduce risk exposure.

Steps in the Mortgage Assignment Process

Discover the critical steps in the mortgage assignment process, from initiation to completion, ensuring a smooth transfer between lenders and maintaining clarity for borrowers.

The process begins when the original lender assigns the mortgage to another party. This decision can be driven by a strategic need to manage financial resources more effectively.

The original and the new lender agree on the terms of the assignment. This agreement includes details about the transfer of rights and the responsibilities each party will hold.

Notification

The borrower is informed about the mortgage assignment. Borrowers must receive clear and concise information about what this change means for their mortgage terms.

Legal Documentation

The transfer of a mortgage is formalized through legal documents. These documents are critical as they protect the rights of all parties involved, ensuring the assignment adheres to financial regulations.

The mortgage assignment is complete once all parties have signed the legal documents and all conditions are met. The new lender now holds the rights and duties originally held by the original lender.

Critical Points for Borrowers and Lenders

Borrowers should pay attention to any changes in the terms of their mortgage, and both lenders need to handle the legal aspects carefully to prevent future disputes. Proper communication between all parties can smooth the transition and maintain trust.

Mortgage assignment doesn't have to be a complicated affair. Clear communication and adherence to legal procedures can be a straightforward process beneficial to all involved.

Advantages of Mortgage Assignment for Lenders and Borrowers

Mortgage assignment offers significant benefits for both lenders and borrowers, each finding unique advantages in the process. Understanding these benefits can help parties make informed decisions about their mortgage management strategies.

For Lenders

Mortgage assignment allows lenders to free up capital and reduce risk by transferring the mortgage to another party, optimizing their financial assets efficiently.

Freeing Up Capital

One of the primary advantages for lenders in the process of mortgage assignment is the ability to free up capital.

By transferring the rights of a mortgage to another financial institution or entity, the original lender can redeploy resources into new lending opportunities or other investments. This can improve the lender's liquidity and enhance its financial flexibility.

Reducing Risk

Mortgage assignment also allows lenders to reduce their risk exposure. When a mortgage is transferred, the associated risks, such as the possibility of default, are also transferred to the acquiring party.

This shift can help the original lender manage its risk portfolio more effectively, allowing for a more stable financial position.

For Borrowers

For borrowers, mortgage assignment can lead to better loan terms and ensure the continuity of their mortgage agreement with a new lender.

Potential for Better Terms

For borrowers, one of the critical advantages of mortgage assignment is the potential to secure better terms from a new lender. This new lender may offer lower interest rates, better repayment conditions, or more favorable terms to attract and maintain clients.

As a result, borrowers can enjoy cost savings and a loan structure more aligned with their current financial situation.

Continuity of Agreement

Despite the change in the lender, mortgage assignment ensures that the continuity of the mortgage agreement is maintained. This means that borrowers do not have to renegotiate the fundamental terms of their mortgage.

Their payment schedule, interest rate, and loan duration remain the same, providing them stability and predictability in their financial planning.

Potential Risks and Disadvantages of Mortgage Assignment

Mortgage assignment can be a valuable tool for managing financial portfolios for borrowers and lenders.

However, it comes with certain risks and disadvantages that must be considered. This section outlines some challenges, helping both parties make informed decisions.

In the mortgage assignment process, lenders face significant challenges, including legal complexities and managing borrower expectations, which require careful navigation to avoid disputes and dissatisfaction.

Legal Complexities and Potential Disputes

One of the primary concerns for lenders in the process of mortgage assignment is the array of legal complexities that can arise.

Transferring a mortgage from one lender to another involves meticulous documentation and strict adherence to legal standards, which, if not properly managed, can lead to disputes with borrowers. These disputes may revolve around misunderstandings about the mortgage terms or the new lender's responsibilities.

Challenges in Managing Borrower Expectations

Lenders may also face challenges in managing borrower expectations during a mortgage assignment. Borrowers might not fully understand the implications of their mortgage being assigned to another lender, which can lead to dissatisfaction or conflict.

Lenders must clearly and effectively communicate what a mortgage assignment means and how it will affect the borrower's loan terms and conditions.

This section examines borrowers' challenges during mortgage assignments, focusing on potential changes regarding the risks of engaging with a new lending institution.

Possible Changes in Mortgage Terms

For borrowers, one of the significant risks associated with mortgage assignment is the potential for changes in the terms of their mortgage.

When a new lender takes over a mortgage, they might adjust the interest rates, payment schedules, or other terms to align with their lending policies. Such changes can sometimes be unfavorable to borrowers, increasing their financial burden.

Risks of Dealing with a New Lending Institution

Additionally, borrowers face risks related to the reputation and stability of the new lending institution. If the new lender has less favorable customer service or a weaker financial position, it could impact the borrower's experience and mortgage security.

Borrowers must thoroughly research the new lender and ensure they are comfortable with their practices and stability.

Considering Mortgage Assignment? Fetch Your Rate Today

As we conclude our discussion on mortgage assignment, it's clear that borrowers and lenders can benefit from this process when managed effectively.

Whether you're a lender looking to reorganize your portfolio or a borrower facing a change in the lender, understanding the terms and conditions of mortgage assignment is critical.

If you're contemplating a mortgage assignment, now is the time to contact Fetch arate and see how this option might work.

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What Is Assignment of Mortgage: What You Need to Know

assignment of Mortgage

We will explore the idea of mortgage assignment in this thorough guide, going over its definition, steps involved, potential consequences, and more. So read on to learn more about this important facet of the real estate market, whether you’re a homeowner, a prospective buyer, or just inquisitive about mortgages.

What is Assignment of Mortgage?

The assignment of mortgage, often simply referred to as mortgage assignment , is a legal process that involves the transfer of a mortgage loan from one party to another. This transfer typically occurs between mortgage lenders or financial institutions and is a common practice within the mortgage industry.

The Key Parties Involved

  • Assignor: The person transferring the mortgage is known as the assignor. The initial lender or financial organization that gave the borrower the mortgage loan is often the assignor.
  • Assignee: The assignee is the party receiving the mortgage assignment. This could be another lender or financial institution that is buying the mortgage, often as part of a financial transaction.
  • Borrower: The borrower is the individual or entity that initially took out the mortgage loan to finance the purchase of a property.

Why is Assignment of Mortgage Necessary?

Assignment of mortgage occurs for various reasons, and it serves specific purposes for all parties involved.

1. Loan Portfolio Management

Mortgage assignment is a common practice used by lenders to better manage their loan portfolios. Lenders might raise funds to offer more loans or issue new mortgages by selling or transferring mortgage loans to other financial organizations. This procedure aids in keeping their portfolios risk-balanced and liquid.

2. Risk Mitigation

Lenders may also assign mortgages to mitigate risk. When they transfer a mortgage to another entity, they are essentially transferring the associated risk as well. This can be a strategic move to reduce their exposure to potential defaults or financial instability.

3. Secondary Mortgage Market

The secondary mortgage market plays a significant role in the assignment of mortgages. Many mortgages are bundled together into mortgage-backed securities (MBS) and sold to investors. Assignment of mortgages allows lenders to participate in this market, which provides additional funding for new mortgage loans.

The Assignment of Mortgage Process

The process of assigning a mortgage, or deciding to sell your mortgage , involves several steps and legal requirements. Here’s a breakdown of the typical process:

1. Agreement between Parties

The assignor (original lender) and assignee (new lender or investor) must enter into a formal agreement outlining the terms and conditions of the new mortgage assignment. This agreement includes details such as the transfer price, terms of the loan, and any specific warranties or representations.

2. Notice to the Borrower

Once the agreement is in place, the borrower is typically notified of the assignment. This notice informs them that the servicing of their mortgage, including collecting monthly mortgage payments, will now be handled by the assignee. The borrower is advised to send future payments to the assignee.

3. Recordation

In many jurisdictions, mortgage assignments must be recorded with the appropriate government office, such as the county recorder’s office. This recordation provides public notice of the transfer and ensures that the assignee has a legal claim on the property.

4. Continuation of Monthly Mortgage Payments

For the borrower, the most noticeable change is the address where monthly payments are sent. Instead of sending payment to the original lender, the borrower will send them to the assignee. It is crucial for borrowers to keep records of these changes to avoid any confusion or missed payments.

Implications of Mortgage Assignment for Borrowers

While the assignment of mortgage primarily involves lenders and investors, it can have implications for borrowers as well. Here are some important considerations for borrowers:

1. No Change in Loan Terms

Borrowers should be aware that the assignment of mortgage does not change the terms of their loan. The interest rate, monthly payments, and other loan terms remain the same. The only change is the entity to which payments are made.

2. Proper Record-Keeping

Borrowers must maintain accurate records of their mortgage payments and correspondence related to the assignment. This helps ensure that payments are correctly credited and can be vital in case of any disputes or issues.

3. Communication with the New Lender

If borrowers have questions or concerns about their mortgage after the assignment, they should reach out to the new lender or servicer. Open and clear communication can help address any issues that may arise during the transition.

4. Property Taxes and Insurance

Borrowers are still responsible for property taxes and homeowner’s insurance, even after the assignment of mortgage. These payments are typically not affected by the transfer of the loan.

The Role of Mortgage Servicers

Mortgage servicers play a crucial role in the assignment of mortgage process. This section will explore the responsibilities of mortgage servicers, their relationship with borrowers, and how they manage mortgage loans on behalf of investors or lenders.

Legal Requirements and Regulations

Assignment is subject to various legal mortgage requirements and regulations that vary by jurisdiction. Discussing these legal aspects will help readers understand the legal framework governing the assignment of mortgages in their region and how it impacts the process.

Impact on Credit and Credit Reporting

The assignment of mortgage can have implications for borrowers’ credit reports and scores. Explore how mortgage assignment can affect credit histories, reporting by credit bureaus, and what borrowers can do to protect their credit during and after the assignment.

Assignment of Mortgage vs. Assumption of Mortgage

Differentiating between assignment of mortgage and assumption of mortgage is important. This section will explain the key differences, where one party takes over the mortgage and liability, while the other party merely transfers the loan to a new lender.

Impact on Property Taxes and Insurance

Taxes and insurance are essential components of homeownership. Explain how the assignment of mortgage may affect property tax payments and the homeowner’s insurance policy, as these are often escrowed into the monthly mortgage payment.

Potential Challenges and Disputes

Discuss common challenges or disputes that can arise during or after the assignment of mortgage, such as miscommunication, incorrect payment processing, or disputes over ownership rights. Offer advice on how to handle and resolve these issues.

Foreclosure and Default Scenarios

In the unfortunate event of mortgage default, understanding how the assignment of mortgage affects foreclosure proceedings is crucial. Explain how the assignee handles foreclosures and what options are available to borrowers facing financial difficulties.

Future Trends and Innovations

Explore emerging trends and innovations in the mortgage industry related to the assignment of mortgages. This could include the use of blockchain technology, digital mortgages, or other advancements that may impact the process.

In the complex world of real estate and mortgage financing , the assignment of mortgage plays a pivotal role in the movement of funds and management of risk. It allows lenders to efficiently manage their portfolios, mitigate risk, and participate in the secondary mortgage market. For borrowers, understanding the process and implications of mortgage assignment is essential to ensure the smooth continuation of their monthly mortgage payments.

As you navigate the world of homeownership or consider entering it, remember that the assignment of mortgage is a routine occurrence designed to benefit all parties involved. By staying informed and maintaining open communication with your lender or servicer, you can ensure that your mortgage loan remains a manageable and secure financial commitment.

In summary, purchase of mortgage is a vital mechanism within the mortgage industry that facilitates the transfer of mortgage loans from one party to another. This process helps lenders manage their portfolios, mitigate risk, and participate in the secondary mortgage market.

For borrowers, it means a change in the entity collecting their monthly mortgage payments but typically does not alter the terms of the original loan. Keeping accurate records and staying informed about the transition are crucial steps to ensure a smooth experience for homeowners. So, whether you’re a homeowner, lender, or investor, understanding assignment of mortgage is key to navigating the real estate landscape effectively.

This article is for informational purposes only and does not constitute legal, tax, or accounting advice.

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Written by Alan Noblitt

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Promissory Notes, Mortgage Assignments, and MERS’ Role in Real Estate

Promissory Notes, Mortgage Assignments, and MERS’ Role in Real Estate

mortgage transfer assignment

After the fall out of the subprime mortgage crisis that triggered the Great Recession, the effects still linger when looking at homeownership statistics in the United States. Nearly 10 million homeowners lost their homes to foreclosure between 2006 and 2014. Damaged credit and traumatized psyches paired with stricter lending standards and soaring median home prices mean that some former homeowners will never own another home.

Today, the United States is seeing the highest rates of unemployment since the Great Depression at nearly 15%  due to the COVID-19 pandemic, and of those who still own a home, nearly 4.1 million borrowers are struggling to make their monthly payments. Many are turning to forbearance for momentary relief from their mortgages.

For many homeowners, the question of what happens to their mortgage after closing day might not ever come up. Until the threat of foreclosure or the need for forbearance arises, most borrowers simply send in their monthly payments with no questions asked.

Now is a good time to consider the process after closing, and how it affects their property rights. Here are some of the questions to ask.

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What happens after a real estate closing?

  • At closing, the borrower signs the mortgage, the deed, and the promissory note
  • The mortgage and the deed are recorded in the public record
  • The promissory note is held by the lender while the loan is outstanding
  • Payments are sent to the mortgage servicing company
  • The mortgage may be securitized and sold to investors
  • The mortgage may be transferred to another bank
  • The mortgage servicing rights may change to another company
  • When the mortgage is paid in full, a mortgage lien release or satisfaction with a number referencing the original mortgage loan is recorded in the public record to show the debt is no longer outstanding
  • The promissory note is marked as paid in full and returned to the borrower

Banks often sell and buy mortgages from each other as a way to liquidate assets and improve their credit ratings. When the original lender sells the debt to another bank or an investor, a mortgage assignment is created and recorded in the public record and the promissory note is endorsed.

What are Loan Transfer Documents?

Assignments and endorsements prove who owns the debt and subsequently who has the authority to bring foreclosure action.

Mortgage Assignments

A Mortgage Assignment is a document showing a mortgage loan has been transferred from the originator to a third party.

Note Endorsements

In addition to the assignment, the originator of the loan or the most recent holder of the loan must endorse (or sign over) the promissory note whenever the loan changes hands. Sometimes, the note is endorsed “in blank,” which means that any party that possesses the note has the legal authority to enforce it.

While these documents are supposed to be recorded in the public land records systems, sometimes there’s a “break” in the chain. A missing mortgage satisfaction or assignment can cause a huge headache for homeowners when they go to sell. Without knowing who the official mortgage lienholder of the property is, the home can’t be sold. The title agent in charge of the closing is tasked with fixing the issue so that clear ownership rights can be established and the final mortgage payoff can be sent to the right lender if needed.

What is Mortgage Securitization?

In the last 30 years or so, the buying and selling of mortgage loans between lenders, banks, and investors has grown more complicated. When a mortgage is turned into a security, it’s pooled with similar types of loans and sold on the secondary mortgage market. The purchasers or investors in these securities receive interest in principal payments.

Securitization is good for lenders because it allows them to sell mortgage loans from their books and use that money to make more loans.

Where securitization goes wrong, as we saw during the housing crisis, is when bad or “toxic” assets are pooled together and sold on the secondary market to unsuspecting investors. Subprime mortgage-backed securities had received high ratings from credit agencies and offered a higher interest rate, but they also were the first to hemorrhage losses when borrowers began defaulting on homes with underwater mortgages.

Securitization isn’t an inherently good or bad process, it’s simply a mechanism by which banks liquidize assets, increase their credit and ratings, and clear their balance sheets.

For homeowners, securitization means that the mortgage isn’t owned by a single lender and is instead part of a pool of mortgages owned by investors. A mortgage service company is responsible for collecting the mortgage payments and sending it to the proper investors. Securitization also means that tracking the note and who has the authority to enforce it can get messy.

What is the Mortgage Electronic Registration System, Inc. or MERS?

The MERS system is a private, third-party database system used to track servicing rights and ownership of mortgages in the United States. This system of registering the promissory note and mortgage was created to make transferring these documents easier on the secondary mortgage market.

How does MERS work?

For some real estate transactions, the mortgage originator will designate MERS as the mortgagee at closing. These loans are called MERS as Original Mortgagee (MOM) loans. When buying a home, a borrower should see clear language on the mortgage or deed of trust document granting and conveying legal title of the mortgage to MERS as mortgagee. This gives the company the right to act on behalf of the current and subsequent owners of the loan.

In other transactions, the loan may be assigned to MERS in the public record at a later date after closing.

After MERS is designated as a nominee to act on behalf of the lender, it tracks the transfers of the loans between parties and acts as a nominee for each holder. This eliminates the need to file separate assignments in the public record each time the loan is transferred. If a lender sells the loan, MERS will update this information in their system.

Even though MERS is designated as the mortgagee, it doesn’t own the debt or hold the promissory note. MERS doesn’t service mortgages or collect payments on mortgages.

Benefits of MERS

Some of the benefits of the MERS system include:

  • No document drafting fees
  • Eliminates the need for multiple assignments each time the loan changes hands
  • Reduces recording costs
  • Saves time and administrative costs for lenders and servicers
  • Provides the identification of servicers and investors for free for homeowners and lenders
  • Used by Lenders to find undisclosed liens
  • Used by municipalities to find companies responsible for maintaining vacant and abandoned properties
  • Mortgage Identification Numbers (MIN) are assigned to each loan for easy tracking
  • Selling of loans and servicing transfers are more efficient in the secondary market
  • Obtaining lien releases when a lender goes out of business is simplified
  • Cost savings by the mortgage industry is theoretically passed on to homeowners

Does MERS really save consumers money?

The MERS system is not meant to act as a replacement for public land records. However, some states, including Kentucky, New York, Texas, Alabama, and Delaware have sued the company that controls MERS for lost revenue from missing record filing fees. In the case of Kentucky , the state alleged that MERS did not record mortgage assignments with Kentucky County Clerks as they were transferred between banks. At $12 a recording, all those transfers without corresponding mortgage assignments add up to big bucks.

Despite numerous lawsuits challenging MERS over its mortgage assignment authority, the company that controls MERS usually receives favorable judgments . In 2016, courts in Texas ruled that MERS’ mortgage assignments were valid and dismissed two cases. County recorders in Pennsylvania also brought cases claiming that MERS and MERS System members failed to record mortgage assignments when transferring promissory notes, a violation of Pennsylvania recording laws. MERS emerged as the winner of these lawsuits as well.

Kentucky and other states argue that skipping out on these fees hurt the consumers and taxpayers in their states.

What is MERS role in foreclosures?

Depending on the state, a foreclosure process might be either judicial (reviewed by a judge in court) or nonjudicial. In the past, MERS, acting on behalf of lenders, has been named as the plaintiff in foreclosure proceedings. Sometimes MERS was even listed as the beneficiary in nonjudicial notices.

Whether or not MERS has the authority to file foreclosure as either the plaintiff or beneficiary is hotly contested. Some states have ruled that MERS doesn’t have standing to foreclose since it doesn’t have any financial interest in either the property of the promissory note.

MERS Splits the note and the mortgage

A court case from 1872, Carpenter v. Longan , established that where the promissory note goes, a deed of trust or mortgage must follow and, according to the United State’s Uniform Commercial Code (UCC) , the promissory note must also have a clear chain of title.

Foreclosure proceedings during the Great Recession proved to be complicated by the MERS system. Within the MERS system, a note and mortgage may be transferred multiple times, so to avoid an endorsement each time, the note is “endorsed in blank.” In one foreclosure after the other, borrowers were able to demonstrate that the subsequent assignments of the promissory note had gone unendorsed.

Although the MERS systems has helped the mortgage industry, title agents, and even borrowers better manage and understand who has the servicing rights and holds the authority to foreclose, several borrowers facing foreclosure have argued that the system impermissibly “splits” the note and the mortgage between the note holder and MERS as the beneficiary of the deed of trust or mortgage.

This process of bifurcation, it’s claimed, causes the relationship between the mortgage and note to become defective and subsequently unenforceable.

Homeowners facing foreclosure, especially in the aftermath of the housing bubble burst of 2008, were successful in delaying or avoiding foreclosure by arguing that the authority to foreclose was not satisfactorily established due to breaks in the chain of assignments and endorsements.

However, Article 3 of the UCC establishes anyone who possesses the note has the legal authority to enforce it. So foreclosing parties have countered that possession of the note should be enough.

As a result, some states, like Michigan, have ruled in favor of these borrower’s arguments by requiring reunification through valid assignment before foreclosures may proceed. Others have ruled that reunification is not necessary since MERS would be authorized to foreclose for the note holder on their behalf. In 2015, The Nevada Supreme Court actually clarified previous rulings by stating that the involvement of MERS actually cures the defect. This is because the note holder could potentially or theoretically direct or compel MERS to assign the deed of trust, resulting in reunifying the instruments.

Homebuyers should always ask questions

With the advent of eClosing solutions, eNotes, eVaults, and the MERS eRegistry , the real estate, title, and mortgage industry continues to build systems that improve the homebuying experience.

Despite all the advancements, homebuying can be a confusing and overwhelming process. It’s important to ask questions of the right real estate professionals. Hiring your own attorney to represent your interests in the real estate transaction is always a good idea.

While the pros and cons of MERS is debated, homeowners today will want to keep up with recommendations from the CFPB should they fall behind on their mortgage payments and reach out to their mortgage servicer as soon as possible.

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Amanda Farrell is a digital media strategist at PropLogix. She enjoys being a part of a team that gives peace of mind for consumers while making one of the biggest purchases of their lives. She lives in Sarasota with her bunny, Buster, and enjoys painting, playing guitar and mandolin, and yoga.

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The Basics of Mortgage Assignments

Explore mortgage assignments: the transfer of mortgage rights, legal process, borrower impact, and servicing vs. ownership dynamics.

A mortgage assignment refers to transferring a mortgage from one party to another. This typically occurs when the original lender sells the mortgage loan to another lender or investor.

Key Takeaways

  • Transfer of Mortgage Ownership : A mortgage assignment involves the transfer of a mortgage from one lender to another, typically through the sale of the loan.
  • Legal Process : Mortgage assignments require proper documentation and adherence to state laws and regulations to ensure the rights transfer is legally valid.
  • Impact on Borrowers : For borrowers, a mortgage assignment usually does not change the terms of the loan, and they continue to make payments as agreed to by the new lender or servicer.
  • Servicing vs. Ownership : While servicing rights are transferred in a mortgage assignment, the ownership of the loan itself may remain with the investor who purchased it, with the new lender or servicer managing the loan on their behalf.

Here's How It works

  • 1. Transfer of Rights : In a mortgage assignment, the original lender (assignor) transfers all rights, interests, and obligations associated with the mortgage to a new lender or investor (assignee).
  • 2. Legal Process : The assignment of a mortgage is a legal process that requires proper documentation and adherence to state laws and regulations. This documentation includes an assignment of mortgage form, which legally transfers mortgage ownership from the assignor to the assignee.
  • 3. Effect on Borrower : A mortgage assignment typically does not change the borrower's loan terms. The borrower continues to make payments to the new lender or servicer, following the original terms and conditions of the mortgage agreement.
  • 4. Notification to Borrower : Borrowers are usually notified of a mortgage assignment through a formal notification letter from the original lender or the new lender. This letter informs them of the transfer of servicing rights and provides instructions for future mortgage payments.
  • 5. Servicing Rights vs. Ownership : It's important to note that a mortgage assignment involves the transfer of servicing rights, not the actual ownership of the loan itself. The assignee becomes responsible for managing the loan, including collecting payments and handling any customer service inquiries, but the ownership of the loan remains with the investor who purchased it.

Overall, mortgage assignments are common in the mortgage industry and allow lenders to manage their loan portfolios more effectively. They do not typically impact borrowers' rights or obligations under the mortgage agreement but may result in changes to the entity that collects mortgage payments and provides customer service.

1. What is the difference between a mortgage assignment and an assumption?

A mortgage assignment involves the transfer of a mortgage from one lender to another. In contrast, a mortgage assumption occurs when a new borrower takes over the existing mortgage from the original borrower. The new borrower assumes responsibility for the loan, including making payments, but the loan terms remain the same.

2. Can I refuse a mortgage assignment if I disagree with the new lender or servicer? 

Generally, borrowers cannot refuse a mortgage assignment if it is done under the terms of the mortgage agreement and applicable laws. However, borrowers have rights under the Real Estate Settlement Procedures Act (RESPA). They may have recourse if they believe their rights are being violated or if there are errors in the transfer process.

3. How does a mortgage assignment affect my credit score? 

A mortgage assignment typically does not directly impact your credit score if you make timely payments and adhere to the loan terms. However, any errors or inaccuracies in the transfer process or reporting by the new lender or servicer could affect your credit score.

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Mortgage Assignment Definition

It is important for real estate students and agents to understand how mortgage assignment takes place. As a real estate professional, I will help you define mortgage assignments for your real estate exam.

What Is Mortgage Assignment?

Mortgage lenders have the right to assign and sell their mortgages to other parties, while borrowers are not. If a borrower transfers their mortgage to another person, it is called an assumed mortgage.

How Does Assignment of Mortgage Take Place?

Effects of mortgage assignments.

Another thing that might change after mortgage assignment is the process that the lender will follow if the borrower defaults. Mortgage lenders use different notification methods, which the borrower must be familiar with to avoid confusion. The following are the effects of the assignment of mortgage:

Notice to Borrower

Modification, effects on escrow payments, mortgage assignment example, frequently asked questions, who files the assignment of mortgage, what happens after mortgage assignment, why do lenders sell mortgages, what is assignment fraud, what to know for the real estate exam.

A mortgage assignment is when the original lender transfers the mortgage to a new lender. This type of assignment is common between lenders who sell mortgages to each other. Lenders sell mortgages to free up capital and buy more mortgages to offer them to other borrowers. Mortgage assignment doesn’t change anything for the borrower, except that the borrower has to make mortgage payments to the new lender.

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What is a Collateral Assignment of Mortgage and How Do You Handle It?

Documents change hands during a business meeting of three people

Imagine you're ready to insure the sale of a property, from Vincent L. Gambini to Mona Lisa Vito. Everything seems straightforward – there's a mortgage to be satisfied, but that's standard procedure. However, the title commitment mentions an additional requirement: a "Collateral Assignment of Mortgage" involving Wahzoo City Bank and Brooklyn Bank.

What's a Collateral Assignment? Think of it as a loan within a loan. Wahzoo City Bank didn't simply sell the Gambini mortgage, they used it as collateral to secure their own loan from Brooklyn Bank. So, Brooklyn Bank has a stake in the transaction.

Why Does This Matter? Is a simple mortgage satisfaction enough? No, you need both. The Collateral Assignment of Mortgage served as security for a loan from Brooklyn Bank to Wahzoo City Bank. Simply satisfying the Gambini mortgage doesn't clear Brooklyn Bank's interest. They need to be satisfied too, either through:

  • Satisfaction of the Collateral Assignment: Brooklyn Bank acknowledges they no longer have a claim on the mortgage.
  • A Reassignment: Brooklyn Bank assigns their interest in the Gambini mortgage back to Wahzoo City Bank.

Watch Out for Hidden Assignments The document might not be titled "Collateral Assignment" – it could just be an "Assignment of Mortgage." Don't be fooled. Carefully review the document's content. Was it an absolute transfer of the underlying loan, or was it used as collateral to the assignor? Remember, a little extra vigilance can save you a big headache down the road.

Whether you’re dealing with a complex commercial transaction or a property sale with collateral assignment, it’s crucial to have a dependable underwriter to help you navigate the complexities that arise in real estate transactions. If you encounter a situation like this, or anything else seems unclear in the title search, don’t hesitate to contact your underwriter or Stewart agency representative. We’re here to support you and ensure a smooth closing for you and your clients.

For more information, reach out to your local Stewart representative or visit virtualunderwriter.com for up-to-date information on the latest in underwriting.

If you are a Stewart Trusted Provider, feel free to contact your Stewart underwriting counsel with questions.

Interested in more? Check out these articles. General Requirements to Insure a Leasehold Estate Navigating Title Insurance for Submerged Lands and Shorelines Wire Fraud 101: What is Wire Fraud and How Can You Help Prevent It? Protect Sellers From Loan Modification Claims

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Consumer Financial Protection Bureau

§ 1026.39 Mortgage transfer disclosures.

  • View all versions of this regulation
  • Search this regulation

(a) Scope. The disclosure requirements of this section apply to any covered person except as otherwise provided in this section. For purposes of this section:

See interpretation of 39(a) Scope in Supplement I

(1) A “ covered person” means any person, as defined in §  1026.2(a)(22), that becomes the owner of an existing mortgage loan by acquiring legal title to the debt obligation, whether through a purchase, assignment or other transfer, and who acquires more than one mortgage loan in any twelve-month period. For purposes of this section, a servicer of a mortgage loan shall not be treated as the owner of the obligation if the servicer holds title to the loan, or title is assigned to the servicer, solely for the administrative convenience of the servicer in servicing the obligation.

1. Covered persons. The disclosure requirements of this section apply to any “covered person” that becomes the legal owner of an existing mortgage loan, whether through a purchase, or other transfer or assignment, regardless of whether the person also meets the definition of a “creditor” in Regulation Z. The fact that a person purchases or acquires mortgage loans and provides the disclosures under this section does not by itself make that person a “creditor” as defined in the regulation.

2. Acquisition of legal title. To become a “covered person” subject to this section, a person must become the owner of an existing mortgage loan by acquiring legal title to the debt obligation.

i. Partial interest. A person may become a covered person by acquiring a partial interest in the mortgage loan. If the original creditor transfers a partial interest in the loan to one or more persons, all such transferees are covered persons under this section.

ii. Joint acquisitions. All persons that jointly acquire legal title to the loan are covered persons under this section, and under § 1026.39(b)(5), a single disclosure must be provided on behalf of all such covered persons. Multiple persons are deemed to jointly acquire legal title to the loan if each acquires a partial interest in the loan pursuant to the same agreement or by otherwise acting in concert. See comments 39(b)(5)-1 and 39(d)(1)(ii)-1 regarding the disclosure requirements for multiple persons that jointly acquire a loan.

iii. Affiliates. An acquiring party that is a separate legal entity from the transferor must provide the disclosures required by this section even if the parties are affiliated entities.

3. Exclusions. i. Beneficial interest. Section 1026.39 does not apply to a party that acquires only a beneficial interest or a security interest in the loan, or to a party that assumes the credit risk without acquiring legal title to the loan. For example, an investor that acquires mortgage-backed securities, pass-through certificates, or participation interests and does not acquire legal title in the underlying mortgage loans is not covered by this section.

ii. Loan servicers. Pursuant to TILA Section 131(f)(2), the servicer of a mortgage loan is not the owner of the obligation for purposes of this section if the servicer holds title to the loan as a result of the assignment of the obligation to the servicer solely for the administrative convenience of the servicer in servicing the obligation.

4. Mergers, corporate acquisitions, or reorganizations. Disclosures are required under this section when, as a result of a merger, corporate acquisition, or reorganization, the ownership of a mortgage loan is transferred to a different legal entity.

See interpretation of Paragraph 39(a)(1) in Supplement I

(2) A “ mortgage loan” means:

1. Mortgage transactions covered. Section 1026.39 applies to closed-end or open-end consumer credit transactions secured by the principal dwelling of a consumer.

See interpretation of Paragraph 39(a)(2) in Supplement I

(i) An open-end consumer credit transaction that is secured by the principal dwelling of a consumer; and

(ii) A closed-end consumer credit transaction secured by a dwelling or real property.

(b) Disclosure required. Except as provided in paragraph (c) of this section, each covered person is subject to the requirements of this section and shall mail or deliver the disclosures required by this section to the consumer on or before the 30th calendar day following the date of transfer.

1. Generally. A covered person must mail or deliver the disclosures required by this section on or before the 30th calendar day following the date of transfer, unless an exception in § 1026.39(c) applies. For example, if a covered person acquires a mortgage loan on March 15, the disclosure must be mailed or delivered on or before April 14.

See interpretation of 39(b) Disclosure Required in Supplement I

(1) Form of disclosures. The disclosures required by this section shall be provided clearly and conspicuously in writing, in a form that the consumer may keep. The disclosures required by this section may be provided to the consumer in electronic form, subject to compliance with the consumer consent and other applicable provisions of the Electronic Signatures in Global and National Commerce Act (E-Sign Act) (15 U.S.C. 7001 et seq. ).

1. Combining disclosures. The disclosures under this section can be combined with other materials or disclosures, including the transfer of servicing notices required by the Real Estate Settlement Procedure Act (12 U.S.C. 2601 et seq. ) so long as the combined disclosure satisfies the timing and other requirements of this section.

See interpretation of 39(b)(1) Form of Disclosures in Supplement I

(2) The date of transfer. For purposes of this section, the date of transfer to the covered person may, at the covered person's option, be either the date of acquisition recognized in the books and records of the acquiring party, or the date of transfer recognized in the books and records of the transferring party.

(3) Multiple consumers. If more than one consumer is liable on the obligation, a covered person may mail or deliver the disclosures to any consumer who is primarily liable.

(4) Multiple transfers. If a mortgage loan is acquired by a covered person and subsequently sold, assigned, or otherwise transferred to another covered person, a single disclosure may be provided on behalf of both covered persons if the disclosure satisfies the timing and content requirements applicable to each covered person.

1. Single disclosure for multiple transfers. A mortgage loan might be acquired by a covered person and subsequently transferred to another entity that is also a covered person required to provide the disclosures under this section. In such cases, a single disclosure may be provided on behalf of both covered persons instead of providing two separate disclosures if the disclosure satisfies the timing and content requirements applicable to each covered person. For example, if a covered person acquires a loan on March 15 with the intent to assign the loan to another entity on April 30, the covered person could mail the disclosure on or before April 14 to provide the required information for both entities and indicate when the subsequent transfer is expected to occur.

2. Estimating the date. When a covered person provides the disclosure required by this section that also describes a subsequent transfer, the date of the subsequent transfer may be estimated when the exact date is unknown at the time the disclosure is made. Information is unknown if it is not reasonably available to the covered person at the time the disclosure is made. The “reasonably available” standard requires that the covered person, acting in good faith, exercise due diligence in obtaining information. The covered person normally may rely on the representations of other parties in obtaining information. The covered person might make the disclosure using an estimated date even though the covered person knows that more precise information will be available in the future. For example, a covered person may provide a disclosure on March 31 stating that it acquired the loan on March 15 and that a transfer to another entity is expected to occur “on or around” April 30, even if more precise information will be available by April 14.

3. Duty to comply. Even though one covered person provides the disclosures for another covered person, each has a duty to ensure that disclosures related to its acquisition are accurate and provided in a timely manner unless an exception in § 1026.39(c) applies.

See interpretation of 39(b)(4) Multiple Transfers in Supplement I

(5) Multiple covered persons. If an acquisition involves multiple covered persons who jointly acquire the loan, a single disclosure must be provided on behalf of all covered persons.

1. Single disclosure required. If multiple covered persons jointly acquire the loan, a single disclosure must be provided on behalf of all covered persons instead of providing separate disclosures. See comment 39(a)(1)-2.ii regarding a joint acquisition of legal title, and comment 39(d)(1)(ii)-1 regarding the disclosure requirements for multiple persons that jointly acquire a loan. If multiple covered persons jointly acquire the loan and complete the acquisition on separate dates, a single disclosure must be provided on behalf of all persons on or before the 30th day following the earliest acquisition date. For examples, if covered persons A and B enter into an agreement with the original creditor to jointly acquire the loan, and complete the acquisition on March 15 and March 25, respectively, a single disclosure must be provided on behalf of both persons on or before April 14. If the two acquisition dates are more than 30 days apart, a single disclosure must be provided on behalf of both persons on or before the 30th day following the earlier acquisition date, even though one person has not completed its acquisition. See comment 39(b)(4)-2 regarding use of an estimated date of transfer.

2. Single disclosure not required. If multiple covered persons each acquire a partial interest in the loan pursuant to separate and unrelated agreements and not jointly, each covered person has a duty to ensure that disclosures related to its acquisition are accurate and provided in a timely manner unless an exception in § 1026.39(c) applies. The parties may, but are not required to, provide a single disclosure that satisfies the timing and content requirements applicable to each covered person.

3. Timing requirements. A single disclosure provided on behalf of multiple covered persons must satisfy the timing and content requirements applicable to each covered person unless an exception in § 1026.39(c) applies.

4. Duty to comply. Even though one covered person provides the disclosures for another covered person, each has a duty to ensure that disclosures related to its acquisition are accurate and provided in a timely manner unless an exception in § 1026.39(c) applies. See comments 39(c)(1)-2, 39(c)(3)-1 and 39(c)(3)-2 regarding transfers of a partial interest in the mortgage loan.

See interpretation of 39(b)(5) Multiple Covered Person in Supplement I

(c) Exceptions. Notwithstanding paragraph (b) of this section, a covered person is not subject to the requirements of this section with respect to a particular mortgage loan if:

See interpretation of 39(c) Exceptions in Supplement I

(1) The covered person sells, or otherwise transfers or assigns legal title to the mortgage loan on or before the 30th calendar day following the date that the covered person acquired the mortgage loan which shall be the date of transfer recognized for purposes of paragraph (b)(2) of this section;

1. Transfer of all interest. A covered person is not required to provide the disclosures required by this section if it sells, assigns or otherwise transfers all of its interest in the mortgage loan on or before the 30th calendar day following the date that it acquired the loan. For example, if covered person A acquires the loan on March 15 and subsequently transfers all of its interest in the loan to covered person B on April 1, person A is not required to provide the disclosures required by this section. Person B, however, must provide the disclosures required by this section unless an exception in § 1026.39(c) applies.

2. Transfer of partial interests. A covered person that subsequently transfers a partial interest in the loan is required to provide the disclosures required by this section if the covered person retains a partial interest in the loan on the 30th calendar day after it acquired the loan, unless an exception in § 1026.39(c) applies. For example, if covered person A acquires the loan on March 15 and subsequently transfers fifty percent of its interest in the loan to covered person B on April 1, person A is required to provide the disclosures under this section if it retains a partial interest in the loan on April 14. Person B in this example must also provide the disclosures required under this section unless an exception in § 1026.39(c) applies. Either person A or person B could provide the disclosure on behalf of both of them if the disclosure satisfies the timing and content requirements applicable to each of them. In this example, a single disclosure for both covered persons would have to be provided on or before April 14 to satisfy the timing requirements for person A's acquisition of the loan on March 15. See comment 39(b)(4)-1 regarding a single disclosure for multiple transfers.

See interpretation of Paragraph 39(c)(1) in Supplement I

(2) The mortgage loan is transferred to the covered person in connection with a repurchase agreement that obligates the transferor to repurchase the loan. However, if the transferor does not repurchase the loan, the covered person must provide the disclosures required by this section within 30 days after the date that the transaction is recognized as an acquisition on its books and records; or

1. Repurchase agreements. The original creditor or owner of the mortgage loan might sell, assign or otherwise transfer legal title to the loan to secure temporary business financing under an agreement that obligates the original creditor or owner to repurchase the loan. The covered person that acquires the loan in connection with such a repurchase agreement is not required to provide disclosures under this section. However, if the transferor does not repurchase the mortgage loan, the acquiring party must provide the disclosures required by this section within 30 days after the date that the transaction is recognized as an acquisition on its books and records.

2. Intermediary parties. The exception in § 1026.39(c)(2) applies regardless of whether the repurchase arrangement involves an intermediary party. For example, legal title to the loan may transfer from the original creditor to party A through party B as an intermediary. If the original creditor is obligated to repurchase the loan, neither party A nor party B is required to provide the disclosures under this section. However, if the original creditor does not repurchase the loan, party A must provide the disclosures required by this section within 30 days after the date that the transaction is recognized as an acquisition on its books and records unless another exception in § 1026.39(c) applies.

See interpretation of Paragraph 39(c)(2) in Supplement I

(3) The covered person acquires only a partial interest in the loan and the party authorized to receive the consumer's notice of the right to rescind and resolve issues concerning the consumer's payments on the loan does not change as a result of the transfer of the partial interest.

1. Acquisition of partial interests. This exception applies if the covered person acquires only a partial interest in the loan, and there is no change in the agent or person authorized to receive notice of the right to rescind and resolve issues concerning the consumer's payments. If, as a result of the transfer of a partial interest in the loan, a different agent or party is authorized to receive notice of the right to rescind and resolve issues concerning the consumer's payments, the disclosures under this section must be provided.

2. Examples. i. A covered person is not required to provide the disclosures under this section if it acquires a partial interest in the loan from the original creditor who remains authorized to receive the notice of the right to rescind and resolve issues concerning the consumer's payments after the transfer.

ii. The original creditor transfers fifty percent of its interest in the loan to covered person A. Person A does not provide the disclosures under this section because the exception in § 1026.39(c)(3) applies. The creditor then transfers the remaining fifty percent of its interest in the loan to covered person B and does not retain any interest in the loan. Person B must provide the disclosures under this section.

iii. The original creditor transfers fifty percent of its interest in the loan to covered person A and also authorizes party X as its agent to receive notice of the right to rescind and resolve issues concerning the consumer's payments on the loan. Since there is a change in an agent or party authorized to receive notice of the right to rescind and resolve issues concerning the consumer's payments, person A is required to provide the disclosures under this section. Person A then transfers all of its interest in the loan to covered person B. Person B is not required to provide the disclosures under this section if the original creditor retains a partial interest in the loan and party X retains the same authority.

iv. The original creditor transfers all of its interest in the loan to covered person A. Person A provides the disclosures under this section and notifies the consumer that party X is authorized to receive notice of the right to rescind and resolve issues concerning the consumer's payments on the loan. Person A then transfers fifty percent of its interest in the loan to covered person B. Person B is not required to provide the disclosures under this section if person A retains a partial interest in the loan and party X retains the same authority.

See interpretation of Paragraph 39(c)(3) in Supplement I

(d) Content of required disclosures. The disclosures required by this section shall identify the mortgage loan that was sold, assigned or otherwise transferred, and state the following, except that the information required by paragraph (d)(5) of this section shall be stated only for a mortgage loan that is a closed-end consumer credit transaction secured by a dwelling or real property other than a reverse mortgage transaction subject to §  1026.33 of this part:

1. Identifying the loan. The disclosures required by this section must identify the loan that was acquired or transferred. The covered person has flexibility in determining what information to provide for this purpose and may use any information that would reasonably inform a consumer which loan was acquired or transferred. For example, the covered person may identify the loan by stating:

i. The address of the mortgaged property along with the account number or loan number previously disclosed to the consumer, which may appear in a truncated format;

ii. The account number alone, or other identifying number, if that number has been previously provided to the consumer, such as on a statement that the consumer receives monthly; or

iii. The date on which the credit was extended and the original amount of the loan or credit line.

2. Partial payment policy. The disclosures required by § 1026.39(d)(5) must identify whether the covered person accepts periodic payments from the consumer that are less than the full amount due and whether the covered person applies the payments to a consumer's loan or holds the payments in a separate account until the consumer pays the remainder of the full amount due. The disclosures required by § 1026.39(d)(5) apply only to a mortgage loan that is a closed-end consumer credit transaction secured by a dwelling or real property and that is not a reverse mortgage transaction subject to § 1026.33. In an open-end consumer credit transaction secured by the consumer's principal dwelling, § 1026.39(d) requires a covered person to provide the disclosures required by § 1026.39(d)(1) through (4), but not the partial payment policy disclosure required by § 1026.39(d)(5). If, however, the dwelling in the open-end consumer credit transaction is not the consumer's principal dwelling ( e.g., it is used solely for vacation purposes), none of the disclosures required by § 1026.39(d) is required because the transaction is not a mortgage loan for purposes of § 1026.39. See § 1026.39(a)(2). In contrast, a closed-end consumer credit transaction secured by the consumer's dwelling that is not the consumer's principal dwelling is considered a mortgage loan for purposes of § 1026.39. Assuming that the transaction is not a reverse mortgage transaction subject to § 1026.33, § 1026.39(d) requires a covered person to provide the disclosures under § 1026.39(d)(1) through (5). But if the transaction is a reverse mortgage transaction subject to § 1026.33, § 1026.39(d) requires a covered person to provide only the disclosures under § 1026.39(d)(1) through (4).

See interpretation of 39(d) Content of Required Disclosures in Supplement I

(1) The name, address, and telephone number of the covered person.

1. Identification of covered person. Section 1026.39(d)(1) requires a covered person to provide its name, address, and telephone number. The party identified must be the covered person who owns the mortgage loan, regardless of whether another party services the loan or is the covered person's agent. In addition to providing its name, address and telephone number, the covered person may, at its option, provide an address for receiving electronic mail or an Internet Web site address, but is not required to do so.

See interpretation of Paragraph 39(d)(1) in Supplement I

(i) If a single disclosure is provided on behalf of more than one covered person, the information required by this paragraph shall be provided for each of them unless paragraph (d)(1)(ii) of this section applies.

1. Multiple transfers, single disclosure. If a mortgage loan is acquired by a covered person and subsequently transferred to another covered person, a single disclosure may be provided on behalf of both covered persons instead of providing two separate disclosures as long as the disclosure satisfies the timing and content requirements applicable to each covered person. See comment 39(b)(4)-1 regarding multiple transfers. A single disclosure for multiple transfers must state the name, address, and telephone number of each covered person unless § 1026.39(d)(1)(ii) applies.

See interpretation of Paragraph 39(d)(1)(i) in Supplement I

(ii) If a single disclosure is provided on behalf of more than one covered person and one of them has been authorized in accordance with paragraph (d)(3) of this section to receive the consumer's notice of the right to rescind and resolve issues concerning the consumer's payments on the loan, the information required by paragraph (d)(1) of this section may be provided only for that covered person.

1. Multiple covered persons, single disclosure. If multiple covered persons jointly acquire the loan, a single disclosure must be provided on behalf of all covered persons instead of providing separate disclosures. The single disclosure must provide the name, address, and telephone number of each covered person unless § 1026.39(d)(1)(ii) applies and one of the covered persons has been authorized in accordance with § 1026.39(d)(3) of this section to receive the consumer's notice of the right to rescind and resolve issues concerning the consumer's payments on the loan. In such cases, the information required by § 1026.39(d)(1) may be provided only for that covered person.

2. Multiple covered persons, multiple disclosures. If multiple covered persons each acquire a partial interest in the loan in separate transactions and not jointly, each covered person must comply with the disclosure requirements of this section unless an exception in § 1026.39(c) applies. See comment 39(a)(1)-2.ii regarding a joint acquisition of legal title, and comment 39(b)(5)-2 regarding the disclosure requirements for multiple covered persons.

See interpretation of Paragraph 39(d)(1)(ii) in Supplement I

(2) The date of transfer.

(3) The name, address and telephone number of an agent or party authorized to receive notice of the right to rescind and resolve issues concerning the consumer's payments on the loan. However, no information is required to be provided under this paragraph if the consumer can use the information provided under paragraph (d)(1) of this section for these purposes.

1. Identifying agents. Under § 1026.39(d)(3), the covered person must provide the name, address and telephone number for the agent or other party having authority to receive the notice of the right to rescind and resolve issues concerning the consumer's payments on the loan. If multiple persons are identified under this paragraph, the disclosure shall provide the name, address and telephone number for each and indicate the extent to which the authority of each person differs. Section 1026.39(d)(3) does not require that a covered person designate an agent or other party, but if the consumer cannot contact the covered person for these purposes, the disclosure must provide the name, address and telephone number for an agent or other party that can address these matters. If an agent or other party is authorized to receive the notice of the right to rescind and resolve issues concerning the consumer's payments on the loan, the disclosure can state that the consumer may contact that agent regarding any questions concerning the consumer's account without specifically mentioning rescission or payment issues. However, if multiple agents are listed on the disclosure, the disclosure shall state the extent to which the authority of each agent differs by indicating if only one of the agents is authorized to receive notice of the right to rescind, or only one of the agents is authorized to resolve issues concerning payments.

2. Other contact information. The covered person may also provide an agent's electronic mail address or Internet Web site address, but is not required to do so.

See interpretation of Paragraph 39(d)(3) in Supplement I

(4) Where transfer of ownership of the debt to the covered person is or may be recorded in public records, or, alternatively, that the transfer of ownership has not been recorded in public records at the time the disclosure is provided.

1. Where recorded. Section 1026.39(d)(4) requires the covered person to disclose where transfer of ownership of the debt to the covered person is recorded if it has been recorded in public records. Alternatively, the disclosure can state that the transfer of ownership of the debt has not been recorded in public records at the time the disclosure is provided, if that is the case, or the disclosure can state where the transfer may later be recorded. An exact address is not required and it would be sufficient, for example, to state that the transfer of ownership is recorded in the office of public land records or the recorder of deeds office for the county or local jurisdiction where the property is located.

See interpretation of Paragraph 39(d)(4) in Supplement I

(5) Partial payment policy. Under the subheading “Partial Payment”:

1. Format of disclosure. Section 1026.39(d)(5) requires disclosure of the partial payment policy of covered persons for closed-end consumer credit transactions secured by a dwelling or real property, other than a reverse mortgage transaction subject to § 1026.33. A covered person may utilize the format of the disclosure illustrated by form H-25 of appendix H to this part for the information required to be disclosed by § 1026.38(l)(5). For example, the statement required § 1026.39(d)(5)(iii) that a new covered person may have a different partial payment policy may be disclosed using the language illustrated by form H-25, which states “If this loan is sold, your new lender may have a different policy.” The text illustrated by form H-25 may be modified to suit the format of the covered person's disclosure under § 1026.39. For example, the format illustrated by form H-25 begins with the text, “Your lender may” or “Your lender does not,” which may not be suitable to the format of the covered person's other disclosures under § 1026.39. This text may be modified to suit the format of the covered person's integrated disclosure, using a phrase such as “We will” or “We are your new lender and have a different Partial Payment Policy than your previous lender. Under our policy we will.” Any modifications must be appropriate and not affect the substance, clarity, or meaningful sequence of the disclosure.

See interpretation of 39(d)(5) Partial payment policy. in Supplement I

(i) If periodic payments that are less than the full amount due are accepted, a statement that the covered person, using the term “lender,” may accept partial payments and apply such payments to the consumer's loan;

(ii) If periodic payments that are less than the full amount due are accepted but not applied to a consumer's loan until the consumer pays the remainder of the full amount due, a statement that the covered person, using the term “lender,” may hold partial payments in a separate account until the consumer pays the remainder of the payment and then apply the full periodic payment to the consumer's loan;

(iii) If periodic payments that are less than the full amount due are not accepted, a statement that the covered person, using the term “lender,” does not accept any partial payments; and

(iv) A statement that, if the loan is sold, the new covered person, using the term “lender,” may have a different policy.

(e) Optional disclosures. In addition to the information required to be disclosed under paragraph (d) of this section, a covered person may, at its option, provide any other information regarding the transaction.

1. Generally. Section 1026.39(e) provides that covered persons may, at their option, include additional information about the mortgage transaction that they consider relevant or helpful to consumers. For example, the covered person may choose to inform consumers that the location where they should send mortgage payments has not changed. See comment 39(b)(1)-1 regarding combined disclosures.

See interpretation of 39(e) Optional Disclosures in Supplement I

(f) Successor in interest. If, upon confirmation, a servicer provides a confirmed successor in interest who is not liable on the mortgage loan obligation with a written notice and acknowledgment form in accordance with Regulation X, §  1024.32(c)(1) of this chapter, the servicer is not required to provide to the confirmed successor in interest any written disclosure required by paragraph (b) of this section unless and until the confirmed successor in interest either assumes the mortgage loan obligation under State law or has provided the servicer an executed acknowledgment in accordance with Regulation X, §  1024.32(c)(1)(iv) of this chapter, that the confirmed successor in interest has not revoked.

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Lisa Gudath, Vice President

Lisa is a Florida native raised in Brandon and Tampa. She attended Eckerd College in St. Petersburg. Lisa began her Real Estate career in Phoenix. She then launched her 20+ year career as an Information Technology Professional. She went on to administer networks in the Hospitality Industry and Educational sector. In 2005 she earned her master’s degree in education.

In 2014, she circled back to both real estate and Florida, where she now calls Treasure Island home. Lisa became a Licensed Title Agent with Turner Title in 2022. Her experience from all sides of the closing table allows her to create a title experience with happy clients and seamless transactions.

Arieal Calhoun, Customer Service Assistant

Arieal Calhoun

Arieal Calhoun is a Tampa Bay Native with extensive knowledge of the Tampa Bay real estate market.  Her career in real estate and title is aligned with her core values of providing exemplary customer service. She is committed to ensuring each client is provided with a smooth and complete transaction and is happy to be a part of the team with Turner Title. When not working with clients, Ariel works to advocate for children and families within her community.

Fareedah Pretto

Fareedah Pretto

Fareedah is an experienced Title Processor/Closer that has been working on a national title level for over 15 years. As a Pinellas County native, it is her passion to serve her community. Specializing in purchases, refinances, foreclosure deeds, and new construction homes, as a processor. She is committed to meeting the needs of each client for her community to thrive. Fareedah’s career has catapulted as her passion for title work has motived her to learn every facet of the business. Currently, she holds a position as Post-Closer with Turner Title. Her outgoing and enthusiastic personality captivates not only her family but her clients also. Fareedah’s commitment to excellence and service ensures that each client is cared for, just as she would her own family – with the utmost care!

Randi Golemme

Randi Golemme

Randi Golemme has been in the real estate industry for over 20 years. She was born on Long Island, New York, and moved to South Florida in 1990 and now calls SE Polk County her home since 2007. She is a licensed Florida Realtor and a Certified Salesperson with the National Association of Home Builders. She specialized in new home sales and new construction along with a background in title. She has now joined the Turner Title team as an Account Executive.

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Christy Sexton

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Compare Today's Mortgage and Refinance Rates in Saint Petersburg

What's on this page

9 result s :

30-year fixed

  • Offers financing options for self-employed borrowers and those without Social Security numbers.
  • Interactive mortgage rates tool takes credit score and location into account.
  • Purchase loans are not available in all states.
  • Doesn’t offer home equity loans or lines of credit.
  • No refinancing options are available.
  • Offers government-backed loans and some harder-to-find products, such as construction loans and specialty mortgages for pilots.
  • Offers low rates and fees compared with other lenders, according to the latest federal data.
  • Displays customized rates, with fee estimates, without requiring contact information.
  • HELOCs and construction-to-permanent loans are available only in the Kansas City metro area.

Better

  • Offers a one-day mortgage that lets eligible borrowers apply, lock in a rate and get a loan commitment within 24 hours.
  • Average interest rates are on the low end compared to other lenders, according to the latest federal data.
  • Offers a HELOC that can be used for a primary, second or investment home.
  • Doesn't offer harder-to-find loans, such as construction loans, renovation loans, or USDA mortgages.
  • Finding descriptions of all of the loan offerings on the website requires some digging, and the lender does not have a mobile app.
  • Average lender fees are on the high end compared with other lenders, according to the latest federal data.

Central Bank

  • Among the best when it comes to online convenience.
  • Offers a full selection of mortgage types and products, including jumbo, home equity, and government loans.
  • Claims to offer preapproval within 24 hours of loan application.
  • You'll have to complete a loan application to see mortgage interest rates.
  • Bank branch locations limited to the Midwest.
  • Does not offer home equity lines of credit.

First Federal Bank

  • Offers government-backed loans and some harder-to-find products, such as jumbo loans for investment and multifamily properties.
  • Home renovation loans are available.
  • Offers home equity loans and lines of credit.
  • Mortgage rates are not published online.
  • Bank branches are limited to eight states.
  • Consumers might have trouble finding contact information.

New American Funding

  • Offers a wide variety of purchase and refinance mortgages with an emphasis on helping underserved communities.
  • Its home equity line of credit can be used for an owner-occupied or second home.
  • Has a program to enable buyers to make cash offers.
  • Receives high marks for customer satisfaction, according to J.D. Power and Zillow.
  • Mortgage origination fees tend to be on the high end.
  • Personalized mortgage rates are not available on the website without providing contact information.

Simplist

  • Loan origination process can be completed online.
  • Offers government-backed FHA and VA loans.
  • Offers module that compares mortgage rates among other lenders.
  • Offers loans in many states and Washington, D.C., but not nationwide.
  • Does not offer home equity loans or lines of credit.

HSBC Bank

  • Offers an online application and loan process updates.
  • Offers mortgages for investment properties.
  • Makes it easy to browse current rates and get a customized mortgage rate quote.
  • Does not offer FHA or VA government-backed loans.
  • No renovation mortgage options.

Bethpage Federal Credit Union

  • Has a fully online mortgage application and a highly rated mobile app.
  • Offers financing for co-ops, a type of home that’s common on the East Coast.
  • Interest rates are on the low side, according to the latest federal data.
  • In-person service available only on Long Island, New York.
  • Doesn’t offer renovation, construction-to-permanent or USDA loans.
  • Customized rates not available online.

About These Rates: The lenders whose rates appear on this table are NerdWallet’s advertising partners. NerdWallet strives to keep its information accurate and up to date. This information may be different than what you see when you visit a lender’s site. The terms advertised here are not offers and do not bind any lender. The rates shown here are retrieved via the Mortech rate engine and are subject to change. These rates do not include taxes, fees, and insurance. Your actual rate and loan terms will be determined by the partner’s assessment of your creditworthiness and other factors. Any potential savings figures are estimates based on the information provided by you and our advertising partners.

Saint Petersburg, FL mortgage and refinance rates today (APR)

Product Interest RateAPR
30-year fixed-rate 6.000% 6.065%
20-year fixed-rate5.893%5.990%
15-year fixed-rate5.312%5.451%
10-year fixed-rate5.139%5.304%
7-year ARM6.632%7.461%
5-year ARM6.375%7.498%
30-year fixed-rate FHA5.379%6.200%
30-year fixed-rate VA5.225%5.582%

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Today’s mortgage rates in Saint Petersburg, FL are 6.065% for a 30-year fixed, 5.451% for a 15-year fixed, and 7.498% for a 5-year adjustable-rate mortgage (ARM).

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Public Records

A public policy of open government.

The Florida Constitution and Florida Statutes §119 and §286 safeguard every Floridian’s right to access government meetings and public records. Everyone has the right to obtain public records unless the Legislature has allowed an exemption or the records are otherwise confidential. Residents and media can easily request public records from Pinellas County Government. Those requesting records are responsible for any cost of providing the documentation, which includes staff time, cost of copies and other costs that are associated with the request.

Click on the type of record you would like to request. (Note: Most links go to external websites or request forms.)

Please Note: Animal Services , County Administration , County Attorney , and Human Services are using a new public records system to submit public records requests and track their progress.

  • Administrative Services
  • Alimony & divorce records (Clerk of the Court)
  • Animal Services NEW
  • Birth Certificates (Florida Department of Health)
  • Board of County Commissioners’ Board meeting minutes (Clerk of the Court)
  • Building Services
  • Child Support (Clerk of the Court)
  • Code Enforcement
  • Communications
  • Contractor Licensing Department
  • County Administration NEW
  • County Attorney NEW
  • County resolutions, ordinances and contracts (Clerk of the Court)
  • Court information (Clerk of the Court)
  • Custodian of County Funds (Clerk of the Court)
  • Death Certificates (Florida Department of Health)
  • Development Review Services
  • Dock, Dredge, Fill Permits (Clerk of the Court)
  • Economic Development
  • Emergency Management
  • Estate & Wills (Clerk of the Court)
  • Felony Records (Clerk of the Court)
  • Family Injunctions (Clerk of the Court)
  • Foreclosures (Clerk of the Court)
  • Guardianship  (Clerk of the Court)
  • Homestead Exemption (Pinellas County Property Appraiser)
  • Housing and Community Development
  • Human Resources
  • Human Services NEW
  • Judgments (Clerk of the Court)
  • Landlord/Tenant (Clerk of the Court)
  • Medical Examiner Records: Call (727) 582-6800 and ask to speak with the Records Custodian.
  • Mental Health (Clerk of the Court)
  • Misdemeanor Records (Clerk of the Court)
  • Mortgage (Clerk of the Court)
  • Motor Vehicle (Florida Highway Safety and Motor Vehicle Department)
  • Name Change (Clerk of the Court)
  • Office of Human Rights
  • Office of Management & Budget
  • Parks & Conservation Resources
  • Pinellas County Sheriff’s Office records (email link)
  • Property Appraiser Records (Pinellas County Property Appraiser)
  • Property Taxes (Pinellas County Tax Collector)
  • Public Works
  • Purchasing and Risk Management
  • Real Estate Management
  • Safety & Emergency Services (9-1-1)
  • Small Claims (Clerk of the Court)
  • Solid Waste
  • Tags, titles, registration (Florida Highway Safety and Motor Vehicle Department)
  • Tickets (Traffic, Parking, Boating) (Clerk of the Court)
  • Visit St. Pete/Clearwater
  • Workforce Relations

Spending in the Sunshine logo

Spending in the Sunshine

View detailed Pinellas County government financial transactions on the Clerk of the Circuit Court website.

Pinellas County Clerk of the Circuit Court and Comptroller

Services as County Recorder, Marriage Licenses and Ceremonies and Passport Applications

Recording Services & Official Records

Service Areas

A-z service list, civil & property, criminal & juvenile, finance & comptroller, inspector general, probate & mental health, recording & tax deeds, traffic, parking & ordinance, recording services, marriage licenses.

  • Official Records
  • Fraud Alert

Serena's Law

  • General Information
  • Declaration Of Domicile
  • Office Locations
  • Recording Fee Calculator

The Clerk of the Circuit Court and Comptroller is the County Recorder, responsible for recording all recordable documents into the Official Records of Pinellas County, Florida. Additional services include issuing Marriage Licenses, Performing Marriage Ceremonies, and Serving as an Official Passport Application Acceptance Agent for the U.S. Department of State.

RECORDABLE DOCUMENTS (INSTRUMENTS):

The Clerk is authorized to record only those instruments which are expressly entitled to recordation under Florida Statutes, including:

  • Recording Fees Recordable Instruments List
  • Civil Recordable Instruments List
  • Criminal Recordable Instruments List
  • Probate Recordable Instruments List

Recording Services Customers Please Note:

  • Pursuant to Florida Statute 28.29, County recorders are directed to record only final judgments and orders of dismissal arising from court cases. The Clerk no longer automatically records non-final orders in any court case. Failure to record an order or judgment does not affect its validity or its ability to bind the parties to the case. Should you wish to record an order that is not an order of dismissal, you may do so by presenting the order for recordation and paying the appropriate recording fee. 
  • As a reminder, while final judgments are automatically recorded, if you wish to re-record a certified copy of a final judgment as a lien, you must obtain the certified copy and pay the appropriate recording fee. The Clerk does not automatically certify or re-record final judgments.
  • The Clerk's office requires customers to include a self-addressed, stamped envelope of sufficient size and with proper postage, with all documents they submit to be Recorded. Once the documents have been Recorded, they will all be returned to the customer in the self-addressed, stamped envelope that was provided to the Clerk.
  • You are solely responsible for ensuring the accuracy and completeness of any document submitted for recording. The Clerk may reject documents that are not authorized to be recorded. Once a document is recorded, it cannot be removed without a court order. If you need assistance in preparing a legal document, please contact an attorney for assistance.
  • You are solely responsible for ensuring the timeliness of a recording for any legal purpose. While in most cases the Clerk processes all documents received for recording within 2 business days, the Clerk cannot guarantee same or next-day recording for documents received by mail, drop-box, or though eRecording. While rare, instances of equipment failure, high volume of recording requests, emergency situations, or other unforeseen delays may impact recording times. If your recording is time-sensitive, you may wish to consider recording your document in person at the  Clerk’s Recording Services Department during normal business hours.

Declaration of Domicile

A Declaration of Domicile is a sworn statement of permanent residency, pursuant Florida Statute. 222.17 Recording this document with the Clerk’s office is a statement that an individual resides & maintains a dwelling within Pinellas County, and that the individual intends for this residence to be their permanent home.

Declaration of Domicile forms are available online or upon request within the Clerk’s office locations listed below.

American citizens will also need to bring:

  • A valid form of identification such as a driver's license or a Florida-issued Identification card. An out-of-state driver's license is acceptable.
  • The individual’s previous address and current address.

Fees are established by legislative action and are subject to change.

For applicable fees, refer to the current Fee Schedule ; also available upon request within all Clerk's office locations.

Recording Full Service - Office Locations & Hours

Recording Services Department 315 Court Street, Room 150 Clearwater, FL 33756 (727) 464-7000  Monday - Friday, 8:30 a.m. - 4:30 p.m. New! Recording Services now has a drop box located at 315 Court Street South entrance parking lot. St. Petersburg Branch 545 First Avenue North St. Petersburg, FL 33701 (727) 464-7000 Monday - Friday, 8:30 a.m. - 4:30 p.m.

Recording Drop Off - Office Locations & Hours

Drop off only – Please note that documents will not be recorded at this location. They will be sent via courier to the 315 Court Street location for processing. Payment will need to be cash (exact change) or check/money order or you may opt for a call back to use a credit/debit card method.  

North County Customer Information & Service Center  - Drop off only 29582 U.S. 19 North Clearwater, FL 33761 (727) 464-7000 Monday - Friday, 8:30 a.m. - 4:30 p.m.

eRecording with the Pinellas Clerk

eRecording, or electronic recording, is the process of filing and recording documents with the Pinellas County Clerk's Recording Office online. This process would otherwise require documents to be submitted by express mail, courier service or a personal visit.

To eRecord, a customer utilizes one of the eRecord vendors from the list provided below. The customer can scan the original document to be recorded, convert it to an electronic image, add indexing information and then submit the document to the Pinellas County Clerk's Recording Office online.

Please contact one of the following volume eRecord Vendors if you wish to begin sending your Recordable documents to Pinellas County electronically:

  • eRecording Partners Network (EPN) Phone: (888) 325-3365 | Contact: www.erecordingpartners.net
  • Corporation Service Company (CSC) Phone: (866) 652-0111 | Contact: ep.erecording.com
  • Simplifile Phone: (800) 460-5657 | Contact: www.simplifile.com

Specialty eRecording Vendors

The following eRecording services are directed toward lower-volume customers. These services vary but are typically focused on specific document types, such as Notice of Commencement and lien or claim-related documents. The Pinellas County Clerk has no direct relationship with these service providers, and each customer should carefully review each to decide which, if any, they wish to do business with.

  • E-Recording USA Phone: (561) 746-4640 | Contact: www.erecordingusa.com
  • File and Go Phone: (386) 845-8638 | Contact: www.FileandGo.com
  • Record-Nation Phone: (407) 902-8768 | Contact: www.record-nation.com

The Clerk's office is working to list additional eRecord vendors.

If you are an eRecording vendor who would like to begin eRecording with the Pinellas County Clerk's Office, please contact the Recording Office at [email protected] .

You are solely responsible for ensuring the timeliness of a recording for any legal purpose. While in most cases, the Clerk processes all documents received for recording within 2 business days; the Clerk cannot guarantee same or next-day recording for documents received by mail, drop-box, or through eRecording. While rare, instances of equipment failure, high volume of recording requests, emergencies, or other unforeseen delays may impact recording times. If your recording is time-sensitive, you may wish to consider recording your document in person at the Clerk’s Recording Services Department during normal business hours.

  • Marriage FAQ

Domestic Partnership

The Clerk of the Circuit Court and Comptroller acts as an Agent for the State of Florida to issue Marriage Licenses within Pinellas County, Florida; pursuant to Florida Statute 741.01. Clerk’s Recording Services offers Marriage License, Marriage Ceremony and Marriage Photo services. For Marriage Licenses and Ceremonies, you may visit Recording Services, Room 150 of the Clearwater Courthouse, the St. Petersburg Branch, or the North County Branch of the Clerk’s office. 

Marriage License Effective Date

When at least one party is a Florida Resident, Florida Statute 741.04(5) requires a 3 day waiting period between the day the License is purchased and the day the License will become Effective for the couple to marry. For a Marriage to be valid, the ceremony must take place between the Effective date and Expiration date listed on the License.

Completing a Premarital Preparation Course and presenting the Certificate of Completion to the Clerk will waive the three day waiting period, when at least one of the applicants is a Florida Resident. This will allow the couple to marry the day they purchase the License.

When both parties are non-Florida Residents, the waiting period does not apply.

A Marriage License is Only Valid for a 60 Day Period

The 60 days period begins on the issue date written on the license and ends on the expiration date written on the license. If a marriage ceremony is performed before the effective date or after the expiration date, the marriage license is not valid. If a couple allows a marriage license to expire and they wish to be married, then they will need to apply for a new marriage license.

Obtaining a Marriage License

1. Complete & Submit the online EMarriage Application

The EMarriage Application is a required form that must be filled out prior to obtaining a Marriage License from the Clerk’s office. The application is an online form that can be completed at the couple’s convenience prior to coming into the Clerk’s office, or on a public terminal within one of the Clerk’s office locations offering Marriage services.

EMarriage Application

  • Read the Disclaimer: After filling out the EMarriage application, the couple must appear before the Clerk and meet the State of Florida’s requirements to be issued the Marriage License. Completing the EMarriage application is a prerequisite to obtaining a Marriage License.
  • If either party was previously married, it is required to enter how and when the previous marriage ended.
  • An on-screen confirmation will acknowledge that the online Application was successfully completed.
  • The Application has been sent to the Clerk’s Marriage Application Queue. It will only remain there for 30 days. To obtain a Marriage License, both parties must appear in person at one of the Clerk’s Office locations that offer Marriage Services within 30 days of submitting the Application.

2. The couple applies in person at the Clerk's office with proper identification

Both applicants are required to appear in person and provide the Clerk with proof of the following:

  • Identification: Driver’s License, State ID, Military ID or Passport
  • Age: both parties are at least 18 years old
  • Non U.S. Citizens may provide a Social Security Number or an Alien Registration Number issued by the U.S. Citizenship & Immigration Service.
  • A Passport is an acceptable form of ID for Non U.S. Citizens

Biological Child in common Applicants who are both the biological parent of a minor child/children, born within the State of Florida should complete the Affirmation of Common Children form and present it to the Clerk at this time.

3. Premarital Preparation Course

If a Premarital Preparation Course was completed, the Certificate should be presented to the Clerk while the couple applies for the Marriage License in order to receive the discounted fee and to waive the three day waiting period that applies to Florida residents.

  • The course was a minimum of Four hours
  • The course was completed within the past year
  • State whether it was given by personal instruction or other means.

Per F.S. 741.0305 (3)(b) The cost of such premarital preparation course shall be paid by the applicant. (4) Each premarital preparation course provider shall furnish each participant who completes the course with a certificate of completion specifying the name of the participant and the date of completion and whether the course was conducted by personal instruction, videotape instruction, or instruction via other electronic medium, or by a combination of these methods.

Premarital Preparation Courses are not provided by the Clerk. The Clerk can provide a list of qualified, registered providers in Pinellas County. Providers set their own fees and terms. For example, some ministers will only provide the course for members of their congregation.

You may use the below list to sort, filter and find Marriage Counselor Providers.

Note: If you find that a provider no longer offers this service, please notify our office.

Per F.S. 741.0305 (3)(a) All individuals electing to participate in a premarital preparation course shall choose from the following list of qualified instructors.

  • A psychologist licensed under chapter 490.
  • A clinical social worker licensed under chapter 491.
  • A marriage and family therapist licensed under chapter 491.
  • A mental health counselor licensed under chapter 491.
  • An official representative of a religious institution which is recognized under s. 496.404(23), if the representative has relevant training.

Qualified, registered providers interested in being included on the Clerk’s list: Request for inclusion on Pinellas Clerk's Premarital Preparation Course Provider List Please Note: A Premarital Preparation Course is not required, but it can have a positive effect on the Fee and Effective date of a Marriage License for Florida Residents.

Marriage License Fee

The fee for obtaining a Marriage License is $86.00.

When both applicants complete a Premarital Preparation Course and present the Certificate to the Clerk, the fee is reduced to $61.00.

Marriage License Fee - 3 Day Waiting Period for Marriage License Effective Date
3 Day Waiting Period Waived 3 Day Waiting Period Waived No Waiting Period for Out of State Residents $61.00
3 Day Waiting Period Mandatory 3 Day Waiting Period Mandatory No Waiting Period for Out of State Residents $86.00

4. Family Law Handbook Requirement

While applying for a Marriage License, the couple will be presented with the Family Law Handbook which outlines the Rights and Responsibilities of parties to a Marriage.

Both Parties are required to sign the Statement of Family Law Handbook, which acknowledges that each party has obtained and read/accessed the information contained within the Handbook. Each party will also mark whether or not a Premarital Preparation Course was completed. The Statement is required in order for a Florida Marriage License to be issued, pursuant to Florida Statute 741.04(4). Family Law Handbook Family Law Handbook - Spanish version

5. Oath and Signature

Once the Marriage License is prepared, the couple will review the License for accurate information. The couple will then be instructed to take an oath attesting to the truthfulness of the information they have provided, and to sign the Marriage License.

A single payment (Cash, Card, Check, etc.) made payable to the Clerk of Court.

Marriage Ceremony Fee

For your convenience, Deputy Clerks are authorized and available during normal working hours, Monday through Friday, to perform Marriage Ceremonies. No Appointment is necessary, and the Ceremony can take place as soon as the License is purchased, as long as the Effective Date is valid. The fee for this service is $30.00.

Marriage Photo & Certificate

The Clerk's Office offers a Wedding Photo service for a $10.00 fee. The Clerk’s Office also offers a Wedding Certificate for a $5.00 fee.

A Marriage License is Only Valid for a 60 day period

The 60 days period begins on the Issue Date written on the License and ends on the Expiration Date written on the License. If a Marriage Ceremony is performed before the Effective Date or after the Expiration Date, the Marriage License is not valid. If a couple allows a Marriage License to expire and they wish to be Married, then they will need to apply for a new Marriage License.

Marriage Ceremony

A Florida Marriage License allows a couple to get Married anywhere in Florida, regardless of the County the License was purchased from. For your convenience, Pinellas County Deputy Clerks are authorized to perform Marriage Ceremonies for a $30.00 fee. No Appointment is necessary, and the Ceremony can take place as soon as the License is purchased, as long as the Effective Date is valid. Additional services provided include a Marriage Photo for a $10.00 fee and a Marriage Certificate for a $5.00 fee.

Recording the License after the Marriage Ceremony

Once the Marriage Ceremony has been performed, a Pinellas County Marriage License is to be returned to the Pinellas County Clerk to Record into the Official Records. A Marriage License obtained in Pinellas County is valid for the Marriage to be performed anywhere in Florida, but a Pinellas County Marriage License must be Recorded in Pinellas County.

Once the Completed Marriage License is recorded, the Clerk will provide one Certified Copy to the couple without charge. Additional Certified Copies will cost $3.00 each. To have a completed Marriage Licenses recorded, visit Recording Services, Room 150 of the Clearwater Courthouse, or the St. Petersburg or North County Branches of the Clerk’s Office. 

Viewing Marriage Licenses

Pinellas County Marriage Licenses from May of 1972 through the present date are available to view on the Clerk’s Official Records site.

Copies of Pinellas County Marriage Licenses are available for purchase through the Clerk’s Online Copy Request and Payment Center.

Marriage Licenses may also be viewed and purchased in Official Records, Room 163, at the Clearwater Courthouse.

Amending a Marriage License

In the event an Amendment to a Recorded Marriage License is necessary, complete the Affidavit Amendment to Marriage License  form and visit Recording Services, Room 150 of the Clearwater Courthouse, or the St. Petersburg, or North County Branches of the Clerk’s office.   

Frequently Asked Questions

There is a 3 day waiting period for Florida Residents, which can be waived if: The couple complete a Premarital Preparation Course from a qualified, registered course provider and present the Certificate of Completion to the Clerk prior to obtaining the Marriage License. The couple must also sign the Statement of Family Law Handbook, acknowledging they have accessed the Family Law Handbook, and mark the section of the Statement that certifies whether or not a Premarital Preparation Course was completed. Please note: There is not a waiting period when both parties are Non Florida Residents.
The Clerk does not provide the course. We can provide with a list of qualified, registered providers in Pinellas. Providers set their own fees and terms. For example, some ministers will only provide the course for members of their congregation. If you receive a Certificate of Completion of a Premarital Counseling it must state the course was a minimum of four hours, it was given within the past year, and state whether it was given by personal instruction or other means. The certificate must be presented at the time of application for the license. List of Providers
Florida Statute 741.07 grants the following individuals the right to perform Marriage Ceremonies: All regularly Ordained Ministers of the gospel, Elders in communion with a church, or other Ordained Clergy. All Judicial Officers, including retired Judicial Officers, Clerks of the Circuit Courts, and Notaries Public of the State of Florida. "Quakers" or "Friends," may perform marriages in the manner and form used or practiced in their societies.
A Minister who has been recognized in the manner required by the regulations of the respective Denomination to perform Marriage Ceremonies.
Yes. Deputy Clerks are authorized and available during normal working hours, Monday through Friday, to perform Marriage Ceremonies. No appointment is necessary. The fee for this service is $30.00. The Clerk's Office also offers a Wedding Photo service for a $10.00 fee.
Yes. If the Captain is a Notary Public of the State of Florida, the ship is in Florida waters at the time of the ceremony, and the Florida Marriage License is valid. Florida waters: within three geographic miles from the coastline.
Once the Marriage Ceremony has taken place and the Officiator has completed their required fields on you Marriage License, return to the Clerk’s Office to have the document recorded into Official Records. The Clerk will provide the couple with one Certified Copy, the price of which was include in the purchase of the License. Additional certified copies will cost $3.00 each.
No. There are no citizenship or resident requirements.
Florida Statute 741.04(1) does not allow for a Marriage License to be issued to a person who is younger than 18 unless: 741.04(1)(a): They are 17 years old and can provide written consent from their Parents/Legal Guardians, which is acknowledged by an officer authorized by law to take acknowledgments and administer oaths And 741.04(2)(b): The older party to the marriage is not more than 2 years older than the younger party. Which means the Clerk’s Office will issue a Marriage License to: A 17 year old & another 17 year old, when they have both obtained Parental/Guardian consent, as stated above. A 17 year old with Parental/Guardian consent, as stated above, & the other party is either 18 or 19 years old. The Clerk will not issue a Marriage License to a 17 year old, even with legally acknowledge Parental/Guardian consent, with anyone who is 20 years old or older. The Clerk will not issue a Marriage License to anyone who is 16 years old or younger.
No. Speak to your clergyman, chaplain or other advisor.

What is a Domestic Partnership?

In Pinellas County a Domestic Partnership can be registered with the Clerk of Court in accordance with Pinellas County Code of Ordinances, Chapter 70, Article III, Section 70-237: Registration of Domestic Partnerships. To Register a Domestic Partnership, visit Recording Services, Room 150 of the Clearwater Courthouse, or the St. Petersburg or North County Branches of the Clerk’s office.

A Registered Domestic Partnership means the entity formed by two persons who have met the criteria listed in Section 70-237, Pinellas County Code and filed an Affidavit of Domestic Partnership with the Clerk.

Requirements for Domestic Partnership Eligibility

  • Each person is at least eighteen (18) years of age and competent to contract;
  • Neither person is married, nor is a partner in a domestic partnership relationship or a member of a civil union with anyone other than the co-applicant;
  • They are not related by blood as defined in Florida Law;
  • Each person considers himself or herself to be a member of the immediate family of the co-applicant and jointly responsible for the maintenance and support of the domestic partnership;
  • Applicants reside together in a mutual residence;
  • Each person declares the co-applicant to act as his/her healthcare surrogate as provided in Chapter 765, Florida Statutes and, if determined incompetent, to act as their pre-need guardian pursuant to Chapter 744, Florida Statute; and
  • Each person declares the co-applicant as his/her agent to direct the disposition of their body after death;
  • Each person agrees to be jointly responsible for each other’s basic food and shelter;
  • Each person agrees to immediately notify the Clerk’s Office, in writing by filing an Affidavit of Termination, if the terms of the Registered Domestic Partnership are no longer applicable or if one of the domestic partners wishes to terminate the domestic partnership.

Registering for a Domestic Partnership

To register for a Domestic Partnership, both partners are required to appear in person and provide the Clerk with Identification: Driver’s License, State ID, Military ID, or Passport. The Affidavit of Domestic Partnership Registration Form must be completed. The document is required to be signed by both Partners under the pains and penalties of perjury, witnessed and signed by two Witnesses and to be Notarized. The fee to Register a Domestic Partnership is $50.00. Affidavit of Domestic Partnership Registration Form

Certificate of Domestic Partnership Card Upon registration with the Clerk, each partner will receive a Certificate of Domestic Partnership Card, reflecting the registration of the Domestic Partnership within Pinellas County. The Certificate Card will include the assigned DPR Registration number.  Printable Guide for Pinellas Domestic Partnership Registration

Amending a Registered Domestic Partnership Record

An Amendment to a Registered Domestic Partnership is necessary in the event the legal address for the Registered Domestic Partners changes; a legal name change of a Domestic Partner takes place; or to update the list of dependents of the Domestic Partnership. The Fee to Amend a Registered Domestic Partnership is $25.00. Complete the following form and visit Recording Services, Room 150 of the Clearwater Courthouse, or the St. Petersburg or North County Branches of the Clerk’s office . Domestic Partnership Amendment Form

Domestic Partnership Termination

An Affidavit of Termination of Domestic Partnership must be signed by one or both partners and submitted to the Clerk upon voluntary termination of the partnership. Additionally, under the Pinellas County Code, a Domestic Partnership will be terminated by operation of law upon the occurrence of certain events. However, even with the occurrence of an event resulting in automatic termination, it is a Domestic Partner’s obligation to file an Affidavit of Termination of Domestic Partnership with the Clerk within 10 days of the occurrence. The partner filing an Affidavit of Termination shall provide a copy of the termination to the Former Domestic Partner at their last known address.

There is no fee for recording an Affidavit of Termination of Domestic Partnership. Complete the following form and visit Recording Services, Room 150 of the Clearwater Courthouse, or the St. Petersburg or North County Branches of the Clerk’s office. Affidavit of Termination of Domestic Partnership Form

Domestic Partnership Registry Listings

Rights and legal effect of registered domestic partnership.

To the extent not superseded by federal, state, or other city law or ordinance, or contrary to rights conferred by contract or separate legal instrument, Registered Domestic Partners shall have the following rights:

  • Health Care Facility Visitation All health care facilities operating within the County shall honor the Registered Domestic Partnership documentation issued pursuant to the Pinellas County Code as evidence of the partnership and shall allow a Registered Domestic Partner or dependent visitation rights as provided for under 42 CFR 482 and 485. 
  • Health Care Decisions Registry as a domestic partner shall be considered to be written direction by each partner designating the other to make health care decisions for their incapacitated partner, and shall authorize each partner to act as the other’s healthcare surrogate as provided for in Chapter 765, Florida Statutes. No person designated as a health care surrogate shall be denied or otherwise defeated in serving as a health care surrogate based solely upon their status as the Domestic Partner of the partner on whose behalf health care decisions are to be made. Any statutory form, including, but not limited to, a living will or health care surrogate designation in forms provided for in Chapter 765 of the Florida Statutes, that is properly executed after the date of registration which contain conflicting designations shall control over the designations made pursuant to domestic partnership registration in Pinellas County. 
  • Funeral/Burial Decisions Registry as a domestic partner shall be considered to be written direction by the decedent of their intention to have their domestic partner direct the disposition of the decedent’s body for funeral and burial purposes as provided in Chapter 497, Florida Statutes, unless, prior to death, the decedent creates written authorization and direction providing conflicting terms of disposition. Where such conflict exists, the later dated document shall control. 
  • Notification of Family Members In any situation providing for mandatory or permissible notification of family members, including, but not limited to, notification of family members in an emergency, “notification of family members” shall include Registered Domestic Partners. 
  • Pre-need Guardian Designation A person who is a party to a Registered Domestic Partnership, pursuant to this Article, shall have the same right as any other individual to be designated as a pre-need guardian pursuant to Chapter 744, Florida Statutes, and to serve in such capacity in the event of their domestic partner’s incapacity. A domestic partner shall not be denied or otherwise be defeated in serving as the plenary guardian of their domestic partner or the partner’s property under the provisions of Chapter 744, Florida Statutes, to the extent that the incapacitated partner has not executed a valid pre-need guardian designation, based solely upon their status as the domestic partner of the incapacitated partner. 
  • Participation in Education To the extent allowed by federal and state law, and subject to the policies of the School Board of Pinellas County, Florida, as amended from time to time, as well any applicable court orders, agreements, or contracts, a domestic partner of a domestic partnership registered in this County shall have the same rights as the parent partner to participate in the education of a dependent of the Registered Domestic Partnership in the County. Any right to participate in the education of a dependent of the Registered Domestic Partnership shall be exercised consistently, with applicable policies and procedures of the School Board of Pinellas County, Florida.

Marriage License & Domestic Partnership Locations 

Recording Services Department 315 Court Street, Room 150 Clearwater, FL 33756 (727) 464-7000  Monday - Friday, 8:30 a.m. - 4:30 p.m. North County Customer Information & Service Center 29582 U.S. 19 North Clearwater, FL 33761 (727) 464-7000 Monday - Friday, 8:30 a.m. - 4:30 p.m. St. Petersburg Branch 545 First Avenue North St. Petersburg, FL 33701 (727) 464-7000 Monday - Friday, 8:30 a.m. - 4:30 p.m. 

Passport Services

The Clerk of the Circuit Court acts as an Official Passport Application Acceptance Agent for the U.S. Department of State – Bureau of Consular Affairs. Clerk’s Recording Services offers Passport Application & Passport Photo services at any of the office locations listed below:

  • Downtown Clearwater Courthouse - Recording Services Department, 315 Court St., Room 150, Clearwater, FL 33756
  • Downtown St. Petersburg Judicial Building - St. Petersburg Branch, 545 1st Ave N., St. Petersburg, FL 33701
  • North County Branch - 29582 U.S. 19 N., Clearwater, FL 33761

Passport Information

Passport requirements, passports for minors, passport renewals, pending passports, lost or stolen passports.

  • Locations and Hours

The Clerk’s office does not schedule appointments for Passport Applications. Expect longer wait times in the afternoon, towards the end of the day.

Clerk’s Recording Services provides a Passport Photo service at each location capable of accepting Passport Applications. The fee is $15.00 per person.  U.S. military veterans and active-duty personnel can get their passport photos free of charge by visiting any of the Clerk’s office locations listed above and presenting their CAC card (active duty), Military 10 card (veterans) or a veteran designation on their driver license.

The U.S. Department of State – Bureau of Consular Affairs sets & regulates policies for U.S. Passport Applications, Renewals & Fees. Visit Travel.State.Gov for further details or any additional information you may be seeking that is not found on this page

U.S. Passport Books are valid for International Travel by Air, Sea or Land. U.S. Passport Cards are only valid for Travel by Land and Sea between the United States and Canada, Mexico, Bermuda and the Caribbean. Not Valid for Air Travel.

Passport Applications are required to be filled out in Black Ink .

Do not sign the DS-11 Application Form until you are instructed to do so in person.

Passport Application Checklists

  • Checklist for Adults
  • Checklist for Minors

1. Proof of U.S. Citizenship

  • Previous U.S. Passport
  • Certified birth certificate issued by the City, County or State
  • Consular Report of Birth Abroad or Certification of Birth
  • Naturalization Certificate
  • Certificate of Citizenship

For further information on documents the U.S. Department of State will accept, please visit their Citizenship Evidence page on Travel.State.Gov.

Please Note: The documents you provide as Citizenship Evidence to obtain your Passport will be mailed to the U.S. Department of State with your Passport Application. The documents will be mailed back to you in a separate mailing from the Passport. You may wish to make a copy to keep with you until your original documents are returned.

2. Proof of Identity

  • Driver's License
  • Government I.D.: City, State or Federal
  • Military I.D.: Military & Dependents

Please Note: A Social Security card, Voter Registration Card or Military Discharge papers are not acceptable proof of your Identity.

3. Passport Photo

  • Color photo, with a plain white or off-white background
  • Head between 1 – 1 3/8 inches (25 – 35 mm): bottom of chin to top of head
  • Full face view. Neutral expression with both eyes open.
  • Taken within past 6 months, in clothing normally worn on daily basis
  • Medical: Glasses, Hats & Head Coverings: If you cannot remove your glasses, hat or head covering for medical reasons, please submit a signed statement from your doctor with your application
  • Religious: Hats & Head Coverings: If you wear a hat or head covering for religious purposes, please submit a signed statement that verifies that the hat or head covering in your photo is part of recognized, traditional religious attire that is customarily or required to be worn continuously in public.
  • Your full face must be visible and your hat or head covering cannot obscure your hairline or cast shadow on your face

For further information on Passport Photos the U.S. Department of State will accept, please visit their Passport Photos page on Travel.State.Gov.

Clerk’s Recording Services provides a Passport Photo service at each location accepting Passport Applications. The fee is $15.00 per person.  U.S. military veterans and active-duty personnel can get their passport photo free of charge by presenting their CAC card (active duty), Military 10 card (veterans), or a veteran designation on their driver’s license.

4. Social Security Number

A Social Security Number is required for all Passport Applications, regardless of the age of the applicant.

5. Completed Passport Application Forms (unsigned DS-11


Clerk's Office
* sign DS-11 until instructed to do so when bringing it in.

Application
Applying or Renewing

National Passport Processing Center (Listed on form)

Renewal
an Adult's Passport

National Passport Processing Center (Listed on form)
within 1 year of getting the Passport
  • Passport Application and Renewal Forms can be obtained for free from the Clerk’s office or download them directly from Travel.State.Gov’s Passport Forms page.
  • Not sure which form to use? Use Travel.State.Gov’s Passport Wizard to answer a few questions that will direct you to the proper form.

U.S. Passport Fees are set and regulated by the U.S. Department of State. To view up to date Fees, please visit Travel.State.Gov’s Passport Fee page.

  • Fees are categorized by age range and service
  • There is also a helpful Fee Chart and Fee Calculator available

Two separate payments are required for Passport Applications processing

1.  Application Fees: Required to be either a Check or Money Order made payable to the U.S. Department of State

2.  Execution (Acceptance) Fee: A separate payment, Cash, Card, Check, etc. made payable to the Clerk of Court

3. Optional Fees

  • Available for Passport Books and Passport Cards
  • Not available for Passport cards

Children under 16

For detailed information regarding Passport Application & Renewal Requirements for minors who are 15 or younger, please view Travel.State.Gov’s Children Under 16 page. Requirements for Minors under 16

  • Sole Legal Authority, & One Parent Unable to Appear require additional documentation to be submitted with the child’s Passport Application
  • See section 7. Show Parental Consent via the Children Under 16 link above
  • Original or Certified copy of the minor applicant’s Citizenship Evidence
  • A photocopy of U.S. Citizenship evidence (front & back)
  • Document that lists the Parents/Guardian of the Minor
  • Parents/Guardians must each present their ID and a front & back photocopy of their ID
  • Passport Photo
  • Completed Application (unsigned until instructed to do so)

Children 16 & 17

For detailed information regarding Passport Applications & Renewal Requirements for minors who are 16 or 17 years old, please view Travel.State.Gov’s Applicants Age 16 and 17 page. Requirements for Minors who are 16 or 17

  • A Parent appearing with the Minor
  • A Signed Statement consenting to the issuance of a passport from at least one parent (should accompany a photocopy of parent’s ID)
  • Original or Certified copy of the Minor applicant’s Citizenship Evidence
  • The Minor or Minor’s Parents/Guardians must present their ID and a front & back photocopy of their ID

The Clerk's Office Can only process Passport Renewals if:

  • Your previous U.S. Passport was issued when you were under age 16
  • Your previous U.S. Passport was lost, stolen, or damaged
  • Your previous U.S. Passport was issued more than 15 years ago
  • Your name has changed since your U.S. passport was issued and you are unable to legally document your name change

Form DS-11 is used for each of the situations above

Renew your Passport by Mail if:

  • Your U.S. Passport can be submitted with your Renewal Application
  • Your U.S. Passport is undamaged (other than normal “wear and tear”)
  • Your U.S. Passport was issued when you were age 16 or older
  • Your U.S. Passport was issued within the last 15 years
  • Your U.S. Passport was issued in your current name or you can legally document your name change

Renew by mail with Form DS-82 for each of the above scenarios

For further information on Passport Renewal, please visit the Renew my Passport by Mail page on Travel.State.Gov.

After the Clerk accepts your Passport Application, the documents are submitted to a Regional Passport Agency to process.

Track the Status of your Passport

Online with Travel.State.Gov’s Online Passport Status System .

Or call the National Passport Information Center (NPIC) at 1-877-487-2778 or 1-888-874-7793 (TDD/TTY). NPIC customer service representatives are available Monday – Friday, 8 AM to 8 PM EST; & Saturday 10 AM – 3 PM EST.

You must report a Lost or Stolen Passport immediately. Form DS-64, “Statement Regarding Lost or Stolen Passport,” can be submitted Online or by Mail.

For further information or to submit DS-64 Online, please visit the Lost or Stolen Passports page on Travel.State.Gov. After a Passport has been Lost or Stolen, to obtain a new Passport, you must appear in person with a new Application, Form DS-11, rather than a Renewal form.

Office Locations & Hours

Accepting Passport Applications

Recording Services Department 315 Court Street, Room 150  Clearwater, FL 33756 (727) 464-7000 Monday - Friday, 8:30 a.m. - 4:30 p.m. St. Petersburg Branch 545 First Avenue North St. Petersburg, FL 33701 (727) 464-7000 Monday - Friday, 8:30 a.m. - 4:30 p.m. North County Customer Information & Service Center 29582 U.S. 19 North Clearwater, FL 33761 (727) 464-7000 Monday - Friday, 8:30 a.m. - 4:30 p.m.

Official Records & Land Records

The Clerk of the Circuit Court is the Pinellas County Recorder, is responsible for maintaining archives of all Pinellas County Official Records from 1912 to present date.

The Official Records Index contains Official Record Instrument, Book and Page numbers, Types of Documents Recorded, Date of Recording, & a Name reference.

Additional Services Clerk’s Official Records provides include Pinellas County Tax Deed Sales and Fraud Alert subscription.

NOTICE OF THE RIGHT OF ANY AFFECTED PARTY TO REQUEST THE ADDITION OF INFORMATION TO A PUBLICLY AVAILABLE INTERNET WEBSITE

Any affected person has a right to request that a county recorder or clerk of the court add information to a publicly available Internet website if that information involves the identity of a respondent against whom a final judgment for an injunction for the protection of a minor under s. 741.30, s. 784.046, or s. 784.0485 is entered, unless the respondent is a minor. The request must be in writing and contain the case number. To make a request contact the Clerk’s office by mail or in person at Recording Services 315 Court Street rm 150, Clearwater, FL 33756 or by email at [email protected] . Note: Your request may also be dropped off at the Clerk’s St. Petersburg Branch office 545 First Ave North, St. Petersburg, FL 33701 or the Clerk’s North County Branch office 29582 U.S. 19 North, Clearwater, FL 33761 and your request will be forwarded to Recording Services for processing.

  • Official Records Search
  • Subscriber Account
  • Official Records Redaction
  • Order Copies

Certified Deeds

  • Location and Hours

View Official Records Online

Pinellas County Official Records are available to view online for General Public Access.

  • Official Records Microfilm Index 1957-1990
  • Official Records Probate Inquiry 1973-1987
  • Domestic Partnership Registry

There are multiple search functions to utilize to assist in locating a Recorded document in Official Records:

  • I want to look up my Deed
  • I want to find a Lien
  • I want to find a Mortgage
  • Name: Indexed Names, Doc Type, Book Type, Date Range
  • Instrument Number: Instrument Number & Book Type
  • Doc Type: Doc Type, Date Range
  • Record Date: Specific Date
  • Consideration: Sale Price Bounds: Upper & Lower, Date Range
  • Book / Page: Book & Page numbers, Date Range
  • Case Number: Court Case Number, Filter, Doc Type, Date Range
  • Legal Description: Legal (indexed from documents), Filter, Date Range

Official Records Subscriber Account

Official Records documents that fall within the categories below are not available online for General Public Access. Florida Statute 28.2221(5)(a) restricts online General Public Access to:

  • Military Discharge
  • Death Certificates
  • Court Records relating to cases governed by Florida Rules of Family Law, Florida Rules of Juvenile Procedure, & Florida Probate Rules.

These Official Records documents are available for the public to view:

  • On a public terminal workstation located within the Pinellas County Clerk's Office.
  • Online with a Paid Subscription Account for Official Records.

The Official Records subscription service is available for an initial set-up fee and an annual usage fee. A subscription account provides online access to the Clerk's secure, password-protected website.

The cost for the service is a one-time initial set up fee of $100.00, per User ID and an annual usage fee of $75.00 per User ID, to be paid on October 1st of each year. Up to five additional users may be added per account for an annual usage fee of $300.00 per organization, with the increase in increments of five users.

If you are interested in this service please complete the "Subscription Agreement for Electronic Access to Official Records." Send in the signed agreement along with your company's check or money order for $175.00 using the methods detailed below.

STEP ONE: Complete a Subscription Agreement

A subscription agreement is required for each account prior to gaining access to electronic recorded documents. Please complete the subscription agreement including notarized signature.

Also, if you have an old login account from our previous system and would like to use the same login ID number, please write your Username at the bottom of the form.

STEP TWO: Submit your Subscription Agreement and payment via the methods below

A) Mail your subscription agreement and payment to:

Ken Burke, Clerk of Court & Comptroller Attn: Official Records Subscription Service 315 Court Street, Room #150 Clearwater, FL 33756

B) If you have existing Draw Down Account (Deposit Account) you can submit your subscription agreement to Recording Services by email at [email protected] and include your existing account number. If you would like to create a Draw Down Account, please click here.

Email questions to: [email protected] .

Redacting Official Records

Redaction of recorded documents within the Official Records can be requested online for Social Security, Bank Account, Credit, Debit or Charge Card numbers.  Select the following link to submit your request online:  Official Records/Recorded Documents Redaction Request Form .

Official Records Protected Address

To request Official Records redaction of Florida Statute Exempt Personal Information, please download, complete and submit the  Request to Redact Personal Information Form . The form can be submitted to the Official Records Department in person, via mail or fax.

Select only the Exemption Information categories that apply to you, enter your contact information and identify the documents to receive redaction. Submit the completed form to Official Records via mail or in person.

Please note:

  • Documents Recorded in the future will not receive automatic Exempt Information redaction. A new Official Records Request form must be completed and submitted to Official Records to identify future documents.
  • Exempt personal information is specified by the Florida Statutes. All current exemptions are included on the form.  The Clerk cannot redact personal information that does not have a current Exemption classification under the Florida Statutes.  There are no exceptions.
  • To release an unredacted copy of your document, please submit the Release Redacted Information Form to the Official Records Department in person, via mail or fax.
  • To release an unredacted copy of a document for purposes of conducting a title search, please submit the Release Redacted Information for Title Search Form .
  • To remove the redaction on your document with a previous protected home address, please submit the Request to Release the Exempt Status of Home Address Form .
  • To remove the redaction on a decedent’s document with a protected home address, please submit the Request to Release Protected Decedent’s Removed Information Form.

NOTICE OF THE RIGHT OF ANY AFFECTED PARTY TO REQUEST REMOVAL OF CERTAIN CHAPTER 119 INFORMATION OR RECORDS

Any person has a right to request that a county recorder remove, from a publicly available Internet website, information made exempt from inspection or copying under Florida Statutes s.119.071 or an image or copy of a public record, including an official record, if that image or copy is of a military discharge; death certificate, or a court file, record or paper relating to matters or cases governed by the Florida Rules of Family Law, the Florida Rules of Juvenile Procedure, or the Florida Probate Rules. However, grantor, grantee or party names may not be removed from the Official Records index.

Requests must be notarized, state the statutory basis for removal, and confirm the individual’s eligibility for the exemption. To make a request contact the clerk’s office by mail or in person at Recording Services 315 Court Street rm 150, Clearwater, Florida or by email at [email protected] . Note: Your request may also be dropped off at the Clerk’s St. Petersburg Branch office 545 First Ave North St. Petersburg or the Clerk’s North County Branch office 29582 U.S. 19 North Clearwater, Fl 33761 and your request will be forwarded to the Clearwater Recording Services office for processing.

Official Records Department 315 Court Street, Room 163 Clearwater, FL 33756 Phone: (727) 464-7000 Fax: (727) 453-3451 Monday - Friday, 8:30 a.m. - 4:30 p.m.

Order Copies of Official Records

You can order copies of Official Records online through the Clerk’s Online Copy Request and Payment Center . Copies can also be purchased in person, and access is provided to public computer terminals to view Official Records at two Clerk’s Office Locations:

Clearwater Courthouse 315 Court Street Clearwater, FL 33756 St. Petersburg Branch 545 1st Avenue North St. Petersburg, FL 33701

View the current Fee Schedule for applicable fees.

A copy of your deed (for real estate transactions within Pinellas County) is available from the Official Records of Pinellas County. A certified copy of a 1-page deed costs $3.00 from the Pinellas County Clerk of the Circuit Court's Office. Please use the information on this page to find out how to locate and order a certified copy of your deed with ease.

You may search the Official Records of Pinellas County for a copy of your recorded deed.

Under Official Records, click on the link titled " Official Records Search " to access the Official Records Entry Form. Enter the name that the deed is recorded under - typically this is the homeowner's name. Using the "Instrument Select" drop-down box, you may select "Deed" to narrow your search of the Official Records documents to just deeds. You may enter a beginning date and an ending date to further limit your search to a specific time period.

Images of deeds are available online from 1957 through the present date. Certified copies can only be provided by U.S. Postal Service mail or in person. Uncertified copies can be provided via email, fax, U.S. Postal Service mail or in person.

Deeds/Records can be ordered with payment of appropriate fees as follows:

  • By using a credit card* at our Online Copy Request and Payment Center page
  • By using a Deposit Account and sending an email request to [email protected]
Downtown Clearwater Courthouse Recording Services, Room 163 315 Court Street Clearwater, FL 33756 Monday - Friday, 8:30 a.m. - 4:30 p.m. (727) 464-7000 St. Petersburg Branch 545 1st Avenue N. St. Petersburg, FL 33701 Monday - Friday, 8:30 a.m. - 4:30 p.m. (727) 464-7000 North County Customer Information & Service Center 29582 US Highway 19 N Clearwater, FL 33761 Monday - Friday, 8:30 a.m. - 4:30 p.m. (727) 464-7000
  • By written request to the Downtown Clearwater Courthouse location with the address listed above.

Please make your check payable to The Clerk of the Circuit Court and include a self-addressed envelope along with your request.

The copying and/or the certifying of Court or Official Record documents requires copy and/or certification fees paid to the Clerk of Court. Refer to our current fee schedule. .

* There is a 3.5% fee charged by the credit card processor for the use of a credit card to pay for the records requested. This fee is not shared with the Clerk. This fee is not a charge for the records requested, but is related solely to the method of payment.

Official Records Office Locations & Hours

Official Records Department 315 Court Street, Room 163 Clearwater, FL 33756 (727) 464-7000 Monday - Friday, 8:30 a.m. - 4:30 p.m.  

Properties offered for sale to the highest bidder to satisfy delinquent property taxes are referred to as Tax Deed Sales.  Clerk’s Official Records conducts the sale of Tax Deeds in Pinellas County upon notification from the Pinellas County Tax Collector.  The sales are held in accordance with Florida Statutes, Chapter 197 , and Florida Administrative Code, Chapter 12D-13 . 

For Tax Certificate Sales , please visit the Pinellas County Tax Collector .

Tax Deed Sales

Buyers beware.

  • Tax Deed Location

Pinellas County Tax Deed Sales are conducted online at Pinellas.RealTaxDeed.com , on scheduled sale days beginning at 11:00 AM EST/EDT.  To check for upcoming sale dates, view the Auction Calendar page.  The Sale of a particular property is subject to change without notice.

Notices of pending Tax Deed Sales are published in a newspaper with local circulation.  Tax Deed files and document images are available for online viewing at taxdeedsales.mypinellasclerk.gov .  Unless the property is redeemed prior to the sale, the sale is held in accordance with Florida Statutes, Chapter 197.

For Additional Information about Pinellas online Tax Deed Sales, Requirements for Bidding, Payments and more please visit the Tax Deed Sale Process page on Pinellas.RealTaxDeed.com.

The Surplus Claim Form is available here .

All Properties are sold “ AS IS. ”

Bidders are responsible for conducting their own research as to the condition of the property and the state of the title of the property being sold. There may be encumbrances (outstanding judgements, current year’s taxes, and/or other liens) that survive the Tax Deed Sale and become the responsibility of the winning bidder. You Must Do Your Own Research For Each Property , or consult with someone who can advise you legally.

The Clerk’s Office makes no warranties or representation about the location or condition regarding any property, the condition of structures or fixtures, its marketability, existing or potential uses, zoning regulations or laws that may affect current or future uses of the property, outstanding or potential liens, mortgages or encumbrances or defects in title that may exist.

The Clerk’s Office is not authorized to give legal advice. If you require legal advice, you should obtain it from a licensed attorney. The Clerk’s Office assumes no responsibility for any encumbrances on any property offered for sale.

Official Records Department – Tax Deeds 315 Court Street, Room 163 Clearwater, FL 33756 (727) 464-3424  Monday - Friday, 8:30 a.m. - 4:30 p.m.  

If you do not otherwise have access to a computer, access to the electronic online auction will be available at public computer terminals in Two Clerk’s Offices locations:

  • Official Records, Room 163, Clearwater Courthouse, located at 315 Court Street 
  • The Judicial Building in St Petersburg, located at 545 1st Avenue North
  • About Fraud Alert
  • Fraud Alert FAQ
  • Fraud Alert Location

Fraud Alert Subscription Service

Protect yourself from Fraud with the Clerk's Fraud Alert Service

The Clerk's Fraud Alert Subscription Service is offered free to the public by the Pinellas County Clerk’s office to help you detect fraudulent documents recorded with your name into Pinellas County Official Records. 

According to the FBI, property and mortgage fraud is the fastest-growing white-collar crime. Property Fraud is when someone illegally uses your property for financial gain. An instance of this entails someone recording a fraudulent deed and/or lien against your property in the Official Records of the Pinellas County Clerk's office.  The Fraud Alert Subscription Service will notify you of any document recorded in your name, property or otherwise.

Although the alert system does not prevent the actual fraudulent activity from taking place, it does provide an early warning system for subscribers to become aware of what may have otherwise gone undetected. Subscribers armed with this notification system will be able to take prompt, appropriate action if they determine the activity to be fraudulent.

It's about keeping YOU informed. Sign Up Today!

Fraud Alert Frequently Asked Questions

A FREE public service offered by the Pinellas County Clerk's office that can help you detect fraudulent documents recorded with your name in the Clerk's Official Records.
The name you choose to subscribe (business name, maiden name, married name, etc.) is the only criteria being monitored. If you have a common name, you may receive multiple alerts because it will not distinguish one name from another.
Starting on the day you sign up for the service you will receive an alert of any document recorded with your name in the Pinellas Official Records. The alert you receive, either by phone or email, will contain the document Book & Page Number and Document Type, along with the recorded Date and Name. Using this information, you can easily search the Clerk's Official Records online to see if the alert pertains to you. Pinellas Official Records.
Yes. Signing up for the Service will ensure that every type of recordable document that is recorded into Pinellas County Official Records with your name will send an alert to you.
No, this service only alerts its subscribers of documents being recorded in the Pinellas County Official Records.
Many counties are looking into the possibility of providing this service to their citizens. You may contact the Clerk of the Court in the county of interest to see if they offer such service.
There is nothing that will distinguish one name from another. Therefore, a person with a common name, like Jim Jones, will receive multiple alerts.
Fraud can be committed in a number of ways by recording documents in public records. For example, someone can create a fraudulent document that will deed your home to them and then record that document in Official Records.
The only information you need to provide is your first and last name along with your email address or phone number depending on your preferred contact method. Nothing else is needed when signing up for the service.
Anyone can sign up for the Clerk’s Fraud Alert subscription service by clicking on the link here or by calling the toll free number (800) 728-3858.
When signing up online, please note that some internet browsers may require you to install the Silverlight plug-in. This plug-in is required by some websites to properly display their content. Once you successfully install the plug-in, you should be able to access the page without any issues. Remember to completely close your browser session after the installation to ensure the changes take effect.
The alert email will provide you with an Official Records Book and Page number to view your document in Official Records. The Document Number within the email alert is the Book and Page number. There is a space between the numbers. See the Sample Alert below. Sample Email Alert: Dear subscriber, a document has recently been recorded that matches the monitor criteria you have provided Jane Doe. The document information is: Location: Pinellas, FL Document Number: 18745 2635 Document Type: RELEASE Recorded Date: 08-15-2014 Matched Party Name: JOHN DOE ALERT ID 17508931 Please visit www.propertyfraudalert.com/nextsteps or call 1-800-728-3858 for information. If you feel you have received this message in error or you wish to modify your monitor criteria, please contact Fraud Alert Customer Service at 1-800-728-3858 Please Note: The Document Number contains both the Book & Page numbers. The Book number is always 5 digits. There will be a space, then the Page number will follow.

The Fraud Alert Subscription Service is offered through the Pinellas County Official Records department

Official Records Department 315 Court Street, Room 163 Clearwater, FL 33756 (727) 464-7000

View our Fraud Alert Brochure  

Ready to sign up? Click here

"Serena's Law," effective July 1, 2021, amends F.S. 28.2221 to require each county recorder or clerk of the court to post on its publicly available website an entry of final judgment for an injunction for the protection of a minor which includes the identity of each adult respondent against whom the injunction is entered, unless the respondent is a minor.

Such request must be in writing and must identify the case number assigned to the protective injunction and be personally delivered by mail, facsimile, or electronic transmission to the county recorder. Requests may sent by mail or in person: 315 Court Street, Clearwater, FL. 33756. Email [email protected] .

Any minor or his/her representative may petition the Circuit court for an order directing compliance.

Step-by-Step instructions to Search for Respondents in Domestic Violence Injunction Judgments Involving Minors per Section 28.2221, Florida Statutes, as Amended 7/1/2024

  • Open the  Official Records search .  
  • Click on "Doc Type"  
  • Before conducting a search, you will be required to accept the disclaimer for conducting an Official Records search.    
  • Select Doc Type: DVI JUDGMENT - MINOR  and enter the date range and select Search.  

The search results will be shown below your search criteria. The document image will not be shown per Florida Statute 28.2221. 

Images of these documents are available for viewing inside our offices.  

If you are searching for a specific name, you can enter the respondent name, document type (still DVI JUDGMENT - MINOR), and a date range.  

If you need assistance searching for these or any other documents, please contact:

Recording Department 727-464-7000 Monday – Friday, 8:30 a.m. - 4:30 p.m.  

Information not made available on the website by July 1, 2021, must be made available to the general public on the website if the minor, or his/her representative, identifies the information and requests it be made publicly available.

Any affected person has a right to request that a county recorder or clerk of the court add information to a publicly available Internet website if that information involves the identity of a respondent against whom a final judgment for an injunction for the protection of a minor under s. 741.30, s. 68 784.046, or s. 784.0485 is entered, unless the respondent is a minor. The request must be in writing and contain the case number. To make a request, contact the clerk’s office by mail or in person at Clerk of the Circuit Court & Comptroller, 315 Court Street, Room 163, Clearwater, FL 33756 or by email at  [email protected]

Romelle Donovan and George Hall given Birmingham City assignment after snubs

Romelle Donovan and George Hall have been overlooked by Birmingham City manager Chris Davies at the beginning of the season

  • 15:23, 19 AUG 2024

Romelle Donovan hasn't played for Birmingham City's first team this season

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Romelle Donovan and George Hall were given some minutes in another heavy defeat for Birmingham City’s under-21 side on Monday afternoon.

Blues were put to the sword by Colchester United’s under-21 side, losing 3-0 at St Andrew’s @ Knighthead Park, to cap a miserable start to the season. Blues opened their Professional Development League campaign with a 6-1 defeat to Ipswich last week.

Donovan and Hall both started for Steve Spooner’s side to build up their minutes after their recent omissions from the first team. Donovan travelled to Charlton Athletic for the Carabao Cup tie last week but missed out on Chris Davies’ final squad.

Donovan impressed in pre-season and was expected to add to his 10 first team appearances under Davies. BirminghamLive understands there is Premier League interest in the 17-year-old forward.

READ: Chris Davies now has the dream scenario in one Birmingham City position

READ: Players for sale and ones to watch – Blues' transfer state of play

Hall has been made available for transfer by Blues after a pre-season in which he barely featured under Davies. The 20-year-old hasn’t been selected by Davies for a game yet and Blues want him to play regular football elsewhere.

Davies said of Hall: "For him, the future is probably going to be a case of getting the right exposure to game minutes that he might not be able to get here."

Should Blues keep Donovan and Hall? Have your say in the comments HERE

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IMAGES

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COMMENTS

  1. What's the difference between a mortgage assignment and an ...

    An assignment transfers all the original mortgagee's interest under the mortgage or deed of trust to the new bank. Generally, the mortgage or deed of trust is recorded shortly after the mortgagors sign it, and, if the mortgage is subsequently transferred, each assignment is recorded in the county land records.

  2. Understanding the Assignment of Mortgages: What You Need To Know

    When your original lender transfers your mortgage account and their interests in it to a new lender, that's called an assignment of mortgage. To do this, your lender must use an assignment of mortgage document. This document ensures the loan is legally transferred to the new owner. It's common for mortgage lenders to sell the mortgages to ...

  3. Understanding How Assignments of Mortgage Work

    Mortgages are assigned using a document called an assignment of mortgage. This legally transfers the original lender's interest in the loan to the new company. After doing this, the original lender will no longer receive the payments of principal and interest. However, by assigning the loan the mortgage company will free up capital.

  4. Transfer of Mortgage: What it Is and How it Works

    Transfer of Mortgage: A transaction where either the borrower or lender assigns an existing mortgage (bank loan to purchase a residential property) from the current holder to another person or ...

  5. Can You Transfer A Mortgage?

    This transfer, or assignment, is usually only allowed when the mortgage is assumable, says Rajeh Saadeh, a Somerville, New Jersey-based real estate attorney. When transferring an assumable ...

  6. What Is Assignment Of Mortgage?

    An assignment of mortgage is a legal term that refers to the transfer of the security instrument that underlies your mortgage loan − aka your home. When a lender sells the mortgage on, an investor effectively buys the note, and the mortgage is assigned to them at this time. The assignment of mortgage occurs because without a security ...

  7. Assignment of Mortgage Laws and Definition

    An assignment of a mortgage refers to an assignment of the note and assignment of the mortgage agreement. Both the note and the mortgage can be assigned. To assign the note and mortgage is to transfer ownership of the note and mortgage. Once the note is assigned, the person to whom it is assigned, the assignee, can collect payment under the ...

  8. Demystifying Mortgage Assignment: What it Means for Borrowers and Lenders

    A mortgage assignment is a financial process in which an existing mortgage is transferred from the current holder to another party. It can occur for various reasons, such as a lender selling the mortgage to another bank or financial institution. Understanding mortgage assignment is essential for both borrowers and lenders, as it impacts the ...

  9. Gaining a comprehensive understanding of mortgage assignment

    The assignment of mortgage, often simply referred to as mortgage assignment, is a legal process that involves the transfer of a mortgage loan from one party to another. This transfer typically occurs between mortgage lenders or financial institutions and is a common practice within the mortgage industry.

  10. Promissory Notes, Mortgage Assignments, and MERS' Role in ...

    Mortgage Assignments. A Mortgage Assignment is a document showing a mortgage loan has been transferred from the originator to a third party. Note Endorsements. In addition to the assignment, the originator of the loan or the most recent holder of the loan must endorse (or sign over) the promissory note whenever the loan changes hands.

  11. The Basics of Mortgage Assignments

    Explore mortgage assignments: the transfer of mortgage rights, legal process, borrower impact, and servicing vs. ownership dynamics.

  12. PDF Mortgage Loan Assignments

    Every transfer of a mortgage loan, whether an "absolute" transfer or a limited assignment as "collateral" for another loan, starts with the transfer of the borrower's promissory note from the existing lender to an assignee. Some ancient cases suggest that the holder of a promissory note can . in . some circumstances transfer it with­

  13. Foreclosure Defenses: Is Your Mortgage Properly Assigned?

    An assignment of mortgage serves as proof of the loan's transfer from one party to another. Courts have dismissed some foreclosure cases when the foreclosing party couldn't produce an assignment. Challenging a Foreclosure Based on a Faulty Assignment. Depending on state law, if the lender doesn't have an assignment or didn't record it properly ...

  14. Mortgage Assignment Definition

    Assignment of mortgage is a document that indicates the transfer of mortgage between the lenders. This type of assignment is mostly seen when a mortgage lender sells the mortgage to a new lender. Mortgage lenders have the right to assign and sell their mortgages to other parties, while borrowers are not. If a borrower transfers their mortgage ...

  15. The Legally Invalid Assignment Defense to Foreclosure

    The Role of Mortgage Assignments in Loan Transfers A bank or other lender often will sell a mortgage to another party, which will collect payments and pursue the homeowner if they fail to keep up with the mortgage. To transfer the loan, the original lender will endorse the promissory note to the new owner of the mortgage.

  16. § 1024.33 Mortgage servicing transfers.

    Except as provided in paragraph (b)(2) of this section, each transferor servicer and transferee servicer of any mortgage loan shall provide to the borrower a notice of transfer for any assignment, sale, or transfer of the servicing of the mortgage loan. The notice must contain the information described in paragraph (b)(4) of this section.

  17. What is Collateral Assignment of Mortgage?

    The document might not be titled "Collateral Assignment" - it could just be an "Assignment of Mortgage." Don't be fooled. Carefully review the document's content. Was it an absolute transfer of the underlying loan, or was it used as collateral to the assignor? Remember, a little extra vigilance can save you a big headache down the road.

  18. § 1026.39 Mortgage transfer disclosures.

    (1) A "covered person" means any person, as defined in § 1026.2(a)(22), that becomes the owner of an existing mortgage loan by acquiring legal title to the debt obligation, whether through a purchase, assignment or other transfer, and who acquires more than one mortgage loan in any twelve-month period. For purposes of this section, a servicer of a mortgage loan shall not be treated as the ...

  19. PDF NOT A PARTY: CHALLENGING MORTGAGE ASSIGNMENTS

    2014] NOT A PARTY: CHALLENGING MORTGAGE ASSIGNMENTS 177 In both MERS and non-MERS mortgages, assignments may be produced in a number of circumstances. First, as mentioned, a simple sale of the loan may result in an assignment being produced and/or recorded, either at the time of the transfer or later.9 Secondly, before foreclosure proceedings ...

  20. Home

    Stop paying excessive transfer fees. With Tuner Title we offer unlimited wire transfers to all our clients. Agents and Lenders love working with us. Turner Title is a partner that I can trust and enjoy working with. I know that my clients are in good hands when working with Turner Title because of the timely communication, excellent customer ...

  21. Compare Today's Mortgage and Refinance Rates in Saint Petersburg

    Today's mortgage rates in Saint Petersburg, FL are 6.244% for a 30-year fixed, 5.396% for a 15-year fixed, and 7.590% for a 5-year adjustable-rate mortgage (ARM). Check out our other mortgage ...

  22. Public Records

    Everyone has the right to obtain public records unless the Legislature has allowed an exemption or the records are otherwise confidential. Residents and media can easily request public records from Pinellas County Government. Those requesting records are responsible for any cost of providing the documentation, which includes staff time, cost of ...

  23. Recording Services

    Recording Full Service - Office Locations & Hours. Recording Services Department 315 Court Street, Room 150 Clearwater, FL 33756 (727) 464-7000Monday - Friday, 8:30 a.m. - 4:30 p.m. New! Recording Services now has a drop box located at 315 Court Street South entrance parking lot.

  24. Romelle Donovan and George Hall given Birmingham City assignment after

    Hall has been made available for transfer by Blues after a pre-season in which he barely featured under Davies. The 20-year-old hasn't been selected by Davies for a game yet and Blues want him ...