Notice of Attornment
Form reviewed by Bahman Eslamboly, Attorney at FindLegalForms
This Notice of Attornment is sent by a new mortgage lender (mortgagee) to a tenant on mortgaged property notifying the tenant that the mortgage is in default. This notice requires that all future future payments be made to the new mortgage lender. It is imperative that this notice be clearly set out in writing.
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This Notice of Attornment contains the following provisions:
- Parties: Sets out the name of the tenant and name, address and phone number of the new mortgage lender;
- Property: Sets out a brief description of the property which tenant is occupying;
- Signatures: The new mortgage lender must sign and date this notice.
Protect Your Rights and Your Property by using our attorney-prepared up-to-date forms.
This attorney-prepared packet contains:
- General Instructions
- Notice of Attornment
Notice of Attornment
Product Details
| Product | Notice of Attornment |
| Country | United States |
| Pages | 3 |
| Dimensions | Designed for Letter Size (8.5" x 11") |
| Printer compatibility | Designed to print on all ink-jet and laser printers |
| Editable | Yes (.doc, .wpd and .rtf) |
| Format |
Microsoft Word Adobe PDF WordPerfect Rich Text Format |
| Platform |
Windows Compatible Mac Compatible Linux Compatible |
| Availability | In Stock. Instant Download |
| Usage | Unlimited number of prints |
| Category | Mortgage Agreements, Assignments & Notices |
| Product number | #28998 |
| Download time | Less than 1 minute (approx.) |
| Document Access |
Via secret online address Email with download links Email with attachment upon request |
| Refund Policy | 60 days, no-questions asked, 100% money back guarantee |
Frequently Asked Questions
A Notice of Attornment is a formal notification sent by a new mortgage lender to a tenant, informing them of a change in the mortgage holder and instructing them on where to send their rental payments.
Having a written Notice of Attornment provides legal protection for both the new mortgage lender and the tenant. It serves as a record of communication regarding payment obligations and can help resolve disputes.
The Notice should include the names of the parties involved, a description of the property, the contact information of the new mortgage lender, and the signatures of the parties to validate the document.
While a tenant may express concerns, they are generally obligated to comply with the terms outlined in the Notice of Attornment, especially if it is legally served and properly documented.
If a tenant fails to make payments to the new mortgage lender as instructed in the Notice of Attornment, the lender may have grounds for legal action, which could include eviction proceedings or other remedies.
While not always mandated, issuing a Notice of Attornment is considered best practice in real estate transactions involving a change in mortgage ownership to ensure clear communication and legal compliance.
A Notice of Attornment does not change the terms of the tenant's lease; it simply informs them of the new payment instructions and the identity of the new mortgage lender.
Upon receiving a Notice of Attornment, a tenant should review the document carefully, update their payment information, and contact the new mortgage lender if they have any questions or concerns.
Is This Form Right For You?
Use This Form If:
- Individuals who have recently become the mortgage lender of a property may need to issue a Notice of Attornment to inform the tenant of their new status. This formal notification ensures that the tenant understands where to direct their rental payments moving forward, especially if the previous lender was in default.
- Situations requiring a clear communication of payment obligations arise when a property is sold or transferred with an existing mortgage. In such cases, the new mortgage lender must notify the tenant to prevent any confusion regarding payment responsibilities and to ensure compliance with the mortgage terms.
- For those managing rental properties, issuing a Notice of Attornment is crucial when a mortgage is in default. This document serves as a legal safeguard, ensuring that tenants are aware of their obligations and the consequences of failing to meet them, thereby protecting the lender's investment.
- Landlords facing issues with tenants who are behind on rent may utilize this notice to formally communicate the situation. By providing a written record of the arrears and the new payment instructions, the landlord can help mitigate potential disputes in the future.
- Real estate attorneys often recommend using a Notice of Attornment when there is a change in mortgage ownership. This ensures that all parties are on the same page regarding payment processes, which can be vital in maintaining good tenant relationships and avoiding legal complications.
Do Not Use If:
- – This form is not appropriate when there is no change in the mortgage lender or ownership of the property. If the mortgage remains unchanged, a Notice of Attornment is unnecessary and may cause confusion.
- – In situations where the tenant is not in arrears or there are no payment issues, sending a Notice of Attornment could be seen as unwarranted and may strain the landlord-tenant relationship.
- – If the tenant has already been formally notified of a change in mortgage lender through another legal document, issuing a second Notice of Attornment may be redundant and could lead to misunderstandings.
- – This form should not be used in cases where the tenant is not legally obligated to pay rent, such as in the case of a lease termination or if the property is undergoing significant renovations that affect tenancy.
- – In instances where the new mortgage lender has not yet finalized their ownership or rights to the property, sending a Notice of Attornment could lead to legal complications and should be avoided.
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