A few other details:
- Note was written in 2011, between current lender and another individual
- We purchased the property several years later. The note was assumable. We properly recorded the assumption between us and the other individual, and the lender and other individual recorded a notice of consent to loan assumption.
I don't see any assignment language in the document.
The note states that we "promise to pay to {owner, husband and wife, as tenants in common} (information on principal sum, interest, and currency), at the office of {address} or at such place as the legal holder hereof may designate in writing"
To me, it reads as if they can change the address in writing, but not who we are paying.
Later, it states that we shall pay "principal and interest payments of {amount} on the 5th day of each month to the office listed above, and, at the election of both {husband and wife}, or the survivor of them, if not called sooner, which election shall be made in writing, in one lump sum payment of principal and accumulated interest on {date in future}."
Last, there is a statement that says "all parties to this Note ... agree to continue to remain bound for the payment of principal, interest, and all other sums due under this Note and Deed of Trust notwithstanding any change or changes by way of release, surrender, exchange, modification or substitution of any security for this Note or by way of any extension or extensions of time for the payment of principal and interest, and all such parties waive all and every kind of notice of such change or changes and agree that the same may be made without notice or consent of any of them."
The rest talks about prepayment, default, cure, governing law, waiver of protest, presentment, notice of dishonor, and notice of acceleration of maturity, etc.
