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Mortgage assignment

Français : Cession d'hypothèque

Operation by which a mortgage creditor (lender) transfers their mortgage rights to a third party (another lender, investor). The borrower continues paying, but to a new beneficiary.

Definition

Mortgage assignment is the legal mechanism by which a mortgage creditor transfers their rights on a mortgage to a third party — without necessarily obtaining the borrower's consent, unless the mortgage contract stipulates otherwise.

Common contexts:

- **Securitization**: large financial institutions assign portfolios of mortgage loans to securitization vehicles (Canada Mortgage Bonds via CMHC, or private mortgage-backed securities). The borrower notices no change in their payments. - **Portfolio sale**: a bank or B-lender sells its mortgages to another institution. The borrower receives an assignment notice and now pays the new creditor. - **Private lender**: in private loans, an investor may assign their mortgage to another investor (private secondary mortgage market).

Difference from mortgage assumption: in an assignment, the lender transfers their rights. In an assumption, the borrower transfers their obligation to a new owner upon sale.

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This definition is provided for informational purposes only and does not constitute legal, tax, or financial advice. For a personal situation, consult an AMF-licensed mortgage broker, notary, accountant, or the relevant financial institution.