short form deed of trust assignment of rents

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REAL ESTATE LAW

What is a deed of trust with assignment of rents.

By Rebecca K. McDowell, J.D.

February 24, 2020

Reviewed by Michelle Seidel, B.Sc., LL.B., MBA

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• What Is a Corporate Assignment of Deed of Trust?

A deed of trust is a written instrument granting a lien on real property. While slightly different from a mortgage, they are functionally nearly the same. Some states use deeds of trust instead of mortgages while others allow both. Either way, a deed of trust used to secure a commercial loan may also include an assignment of rents , which gives the lender the right to collect rental income from the property in the event of default.

What Is a Deed of Trust?

A ​ deed of trust ​ is a document that a borrower may execute in favor of a lender to give the lender a lien on a parcel of real estate. Like a mortgage, a deed of trust secures the loan by allowing the lender to foreclose on the real estate if the loan isn't paid (although in some states that use deeds of trust, a foreclosure isn't necessary).

​ Read More: ​ How to Research a Deed of Trust

Deed of Trust vs. Mortgage

A deed of trust is very similar to a mortgage in that it pledges property to secure a loan. A mortgage, however, is simpler; the property owner executes a mortgage document in favor of the lender, and the lender records the mortgage and has a lien , but the property owner still holds title to the property.

A deed of trust, on the other hand, grants an actual ownership interest in the property to a trustee, who holds the property in trust for the lender until the obligation is paid.

What Is an Assignment of Rents?

An ​ assignment of rents ​ is extra security granted to a lender that provides a commercial loan. Commercial loans are loans that are not made for family or household use but for business purposes.

When a borrower grants a mortgage or deed of trust on real estate and the real estate has tenants who pay rent, the lender can demand an assignment of rents in addition to the mortgage or deed of trust.

The assignment of rents means that if the borrower defaults on the loan, the lender can step in and collect the rents directly from the tenants.

Deed of Trust With Assignment of Rents

A deed of trust may contain an assignment of rents clause for that same property. In addition to a clause in the deed of trust, the lender may also require the borrower to execute a separate document called an "Assignment of Rents" that is recorded with the register of deeds.

Whether the assignment is written in the deed of trust only or is also contained in a separate document, it is binding on the borrower as long as its language is clear and sufficient to create an assignment under state law.

Exercising an Assignment of Rents

When a lender decides to collect the rents on the borrower's property, the lender is said to be exercising the assignment of rents. The lender cannot exercise the assignment unless the borrower has defaulted on the loan. Once that happens, the lender can send a written demand to the tenant or tenants, requiring that the rents be paid directly to the lender.

Absolute Assignments of Rents

An assignment of rents most likely will contain language that the assignment is an ​ absolute assignment ​. In most states, an absolute assignment gives the lender an immediate interest in the rents. This means that the lender actually owns the rents and is simply allowing the borrower to collect them on license until an event of default. Once a default occurs, the lender can intercept the rents without taking any court action; a letter to the tenants is all that's needed.

Every state's laws are different; the law of the state where the property is located will dictate how a lender can exercise an assignment of rents.

​ Read More: ​ What Is the Difference Between a Deed and a Deed of Trust?

• Companies Incorporated: Mortgage States and Deed of Trust States
• American Bar Association: Commercial Real Estate FAQs
• Schulte Roth & Zabel: Sixth Circuit Upholds Assignment of Rents to Secured Lender
• Findlaw: California Civil Code - CIV § 2938
• Legal Beagle: What Is the Difference Between a Deed and a Deed of Trust?
• Legal Beagle: How to Research a Deed of Trust
• Legal Beagle: Documents Needed to Refinance a Mortgage
• Legal Beagle: How to File a Property Lien

Rebecca K. McDowell is a creditors' rights attorney with a special focus on bankruptcy and insolvency. She has a B.A. in English from Albion College and a J.D. from Wayne State University Law School. She has written legal articles for Nolo and the Bankruptcy Site.

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• Who Can Act As Trustee in a Texas Deed of Trust?
• The Definition of a Leasehold Deed of Trust
• How to Waive Right of Redemption After Foreclosure

Deed of Trust, Assignment of Leases and Rents, Security Agreement, Financing Statement, and Fixture Filing (Pro-Lender Short Form) | Practical Law

Deed of Trust, Assignment of Leases and Rents, Security Agreement, Financing Statement, and Fixture Filing (Pro-Lender Short Form)

Practical law standard document w-012-7159  (approx. 51 pages).

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Ch. 9 The Development of Russia

Ivan i and the rise of moscow, learning objective.

• Outline the key points that helped Moscow become so powerful and how Ivan I accomplished these major victories
• Moscow was considered a small trading outpost under the principality of Vladimir-Suzdal into the 13th century.
• Power struggles and constant raids under the Mongol Empire’s Golden Horde caused once powerful cities, such as Kiev, to struggle financially and culturally.
• Ivan I utilized the relative calm and safety of the northern city of Moscow to entice a larger population and wealth to move there.
• Alliances between Golden Horde leaders and Ivan I saved Moscow from many of the raids and destruction of other centers, like Tver.

A rival city to Moscow that eventually lost favor under the Golden Horde.

Grand Prince of Vladimir

The title given to the ruler of this northern province, where Moscow was situated.

The Rise of Moscow

Moscow was only a small trading outpost in the principality of Vladimir-Suzdal in Kievan Rus’ before the invasion of Mongol forces during the 13th century. However, due to the unstable environment of the Golden Horde, and the deft leadership of Ivan I at a critical time during the 13th century, Moscow became a safe haven of prosperity during his reign. It also became the new seat of power of the Russian Orthodox Church.

Ivan I (also known as Ivan Kalita) was born around 1288 to the Prince of Moscow, Daniil Aleksandrovich. He was born during a time of devastation and upheaval in Rus’. Kiev had been overtaken by the invading Mongol forces in 1240, and most of the Rus’ principalities had been absorbed into the Golden Horde of the Mongol Empire by the time Ivan was born. He ascended to the seat of Prince of Moscow after the death of his father, and then the death of his older brother Yury.

Ivan I. He was born around 1288 and died in either 1340 or 1341, still holding the title of Grand Prince of Vladimir.

Ivan I stepped into a role that had already been expanded by his predecessors. Both his older brother and his father had captured nearby lands, including Kolomna and Mozhaisk. Yury had also made a successful alliance with the Mongol leader Uzbeg Khan and married his sister, securing more power and advantages within the hierarchy of the Golden Horde.

Ivan I continued the family tradition and petitioned the leaders of the Golden Horde to gain the seat of Grand Prince of Vladimir. His other three rivals, all princes of Tver, had previously been granted the title in prior years. However they were all subsequently deprived of the title and all three aspiring princes also eventually ended up murdered. Ivan I, on the other hand, garnered the title from Khan Muhammad Ozbeg in 1328. This new title, which he kept until his death around 1340, meant he could collect taxes from the Russian lands as a ruling prince and position his tiny city as a major player in the Vladimir region.

Moscow’s Rise

During this time of upheaval, the tiny outpost of Moscow had multiple advantages that repositioned this town and set it up for future prosperity under Ivan I. Three major contributing factors helped Ivan I relocate power to this area:

• It was situated in between other major principalities on the east and west so it was often protected from the more devastating invasions.
• This relative safety, compared to Tver and Ryazan, for example, started to bring in tax-paying citizens who wanted a safe place to build a home and earn a livelihood.
• Finally, Moscow was set up perfectly along the trade route from Novgorod to the Volga River, giving it an economic advantage from the start.

Ivan I also spurred on the growth of Moscow by actively recruiting people to move to the region. In addition, he bought the freedom of people who had been captured by the extensive Mongol raids. These recruits further bolstered the population of Moscow. Finally, he focused his attention on establishing peace and routing out thieves and raiding parties in the region, making for a safe and calm metaphorical island in a storm of unsettled political and military upsets.

Kievan Rus’ 1220-1240. This map illustrates the power dynamics at play during the 13th century shortly before Ivan I was born. Sarai, the capital of the Golden Horde, sat to the southeast, while Moscow (not visible on this map) was tucked up in the northern forests of Vladimir-Suzdal.

Ivan I knew that the peace of his region depended upon keeping up an alliance with the Golden Horde, which he did faithfully. Moscow’s increased wealth during this era also allowed him to loan money to neighboring principalities. These regions then became indebted to Moscow, bolstering its political and financial position.

In addition, a few neighboring cities and villages were subsumed into Moscow during the 1320s and 1330s, including Uglich, Belozero, and Galich. These shifts slowly transformed the tiny trading outpost into a bustling city center in the northern forests of what was once Kievan Rus’.

Russian Orthodox Church and The Center of Moscow

Ivan I committed some of Moscow’s new wealth to building a splendid city center and creating an iconic religious setting. He built stone churches in the center of Moscow with his newly gained wealth. Ivan I also tempted one of the most important religious leaders in Rus’, the Orthodox Metropolitan Peter, to the city of Moscow. Before the rule of the Golden Horde the original Russian Orthodox Church was based in Kiev. After years of devastation, Metropolitan Peter transferred the seat of power to Moscow where a new Renaissance of culture was blossoming. This perfectly timed transformation of Moscow coincided with the decades of devastation in Kiev, effectively transferring power to the north once again.

Peter of Moscow and scenes from his life as depicted in a 15th-century icon. This religious leader helped bring cultural power to Moscow by moving the seat of the Russian Orthodox Church there during Ivan I’s reign.

One of the most lasting accomplishments of Ivan I was to petition the Khan based in Sarai to designate his son, who would become Simeon the Proud, as the heir to the title of Grand Prince of Vladimir. This agreement a line of succession that meant the ruling head of Moscow would almost always hold power over the principality of Vladimir, ensuring Moscow held a powerful position for decades to come.

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