The following Banking & Finance guidance note provides comprehensive and up to date legal information covering:
Assignment is a means by which a lender can transfer its interest in a loan to another lender.
For an overview of the reasons why a lender might generally want to transfer a loan and a discussion of some key issues, see Practice Note: Key issues in loan transfers.
A loan (which is a debt) is a chose in action. A chose in action is something which is recoverable by legal action (as opposed to something which is physically possessed). As a basic principle, choses in action cannot be assigned at common law.
Assignments of choses in action are therefore either:
statutory—often referred to as 'legal' assignments as they have an effect equivalent to a legal transfer, or
equitable (see Practice Note: Transferring a loan by equitable assignment)
Under English law, an assignment is a transfer of rights; unlike a novation, it does not transfer obligations (in contrast to a novation—see Practice Note: Transferring a loan by novation).
For key cases on assignment, see Practice Note: Assignment—key cases.
To take effect at law an assignment must be:
absolute, ie not conditional on any event or circumstance
in writing and signed by the assigning lender, and
notified to 'any person from whom the assignor would have been able to claim such debt' ie the borrower and any guarantors
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.