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ramu   18 November 2019

Rights and duties of assignee

A secured creditor holding certain assets moveable and immovable assigns the debt to an assignee after default by the borrower.

What are the rights and duties of the assignee?

Is the assignment de facto a sale?

If the assignee has paid consideration for securing the assignment from the creditor, is the assignor/creditor entitled to keep the same and apply it towards the debt unconditionally?

If the assignee obtains a higher price than the price paid by him to the assignor, is he entitled to keep the same as his profit?

Is the realisation by the assignee to be applied in full towards the debt owed  by the defaulting borrower?

thanks for advice.



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 4 Replies

Sb Karma   19 November 2019

Originally posted by : ramu
A secured creditor holding certain assets moveable and immovable assigns the debt to an assignee after default by the borrower.

What are the rights and duties of the assignee?

Is the assignment de facto a sale?

If the assignee has paid consideration for securing the assignment from the creditor, is the assignor/creditor entitled to keep the same and apply it towards the debt unconditionally?

If the assignee obtains a higher price than the price paid by him to the assignor, is he entitled to keep the same as his profit?

Is the realisation by the assignee to be applied in full towards the debt owed  by the defaulting borrower?

thanks for advice.

 

 

An assignee is the recipient of a title when a deed is signed to confer ownership of property in a transaction. A tenant might choose to transfer their property rights to an assignee who would assume duties for paying rent and tending to the property.

There may be limits to the rights and liabilities that are granted to an assignee based on the nature of the transfer or assignment of rights. For example, an assignee might take on the property rights from a tenant who vacated a rental property, but the tenant may still be liable if the assignee does not make rent payments on time. An assignee who takes title and ownership of real estate might not have certain rights to use the property any way they wish. There may be rights of ingress and egress that must be negotiated with adjacent property owners who hold surrounding land parcels. The assignee could receive certain rights that run with the land when they are granted the title.

The assignment of power of attorney can grant broad rights or be limited in scope by the terms set by the assignor. The rights could be for the specific handling of a contract or business deal that the assignor cannot be present for. The assignee typically will only hold the rights of power of attorney for a specified time or particular circumstances. Once the time has expired or the circumstances have been resolved, the assignee would automatically relinquish those rights. It is possible that the terms of power of attorney might allow an assignee to act in his or her own self-interest rather than for the interests of the assignor.

Not all assignment contracts are required to be made in writing, but they often are and might need to be notarized and witnessed in order to be valid. The assignment of wages, property and collateral for loans must be in writing.

ramu   19 November 2019

thanks.

would like to draw your attention to the fact that the queries are specific and related to a secured creditor assigning the secured assets to an ssignee.

for further clarification, kindly refer to the orignal queries.

thank you

Sb Karma   19 November 2019

Originally posted by : ramu
thanks.

would like to draw your attention to the fact that the queries are specific and related to a secured creditor assigning the secured assets to an ssignee.

for further clarification, kindly refer to the orignal queries.

thank you

 

it was just replied to give you border concept of assignee only

answer for your question will be reply soon

Sb Karma   19 November 2019

Originally posted by : ramu
thanks.

would like to draw your attention to the fact that the queries are specific and related to a secured creditor assigning the secured assets to an ssignee.

for further clarification, kindly refer to the orignal queries.

thank you

 

read following

  1. Rights and duties will be the same as assigned to him in execution way only.
  2. Can sell but with the proper information laid towards asignment first to the party regarding his execution.
  3. yes but depend on condition only.
  4. depend on t&c laid during his appointment.
  5. fully applied

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