Sample Assignment of Equitable Interests
Sample Assignment of Equitable Interests
Sample Assignment of Equitable Interests
LEY HUNK
Notification of Assignment
I. Assignment of Equitable/Statutory Rights and Interests
This Assignment dated January 10, 2019 between Biloly Howie the grantor of the Biloly Howie
Estate (“Assignor”), of Jefferson California and the Ciloly Zowie (“Assignee”), of Larryville
County California.
Whereas:
(A) By an assignment Equitable/Statutory Rights and Interests dated January 10, 2019
("Equitable/Statutory Rights and Interests"), and recorded in the County of Clarksdale, in
the County of Temecula California ("Property", the Biloly Howie Estate, physical and or
land property Account/Loan No. Loan #5672134567871; Property Addresses: 28092
HAMILTON AVE, Clarksdale, CA) I hereby assign the associated Equitable/Statutory
Rights and Interests in favor of the Assignee for the principal sum of $10.00 to include the
right of redemption therein set out upon the terms therein mentioned;
(B) There is now owing upon the Equitable/Statutory Rights and Interests for principal
together with interest thereon from the date hereof, (enter date here)
(C) Assignor has agreed to assign the Equitable/Statutory Rights and Interests to Assignee;
In consideration of the premises and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
1. Assignor hereby assigns, transfers and sets over to Assignee Assignor's interest as
Equitable/Statutory Rights and Interests holder of and in Equitable/Statutory Rights and
Interests and also the sum of Amount of Indebtedness now owing from
Equitable/Statutory Rights and Interests, together with all monies that may hereafter
become due or owing in respect of Equitable/Statutory Rights and Interests, the charge
upon the Property and the full benefit of all powers and of all covenants contained in
Equitable/Statutory Rights and Interests, and also the full power and authority to use the
name or names of Assignor for enforcing the performance of the covenants and other
matters and things contained in Equitable/Statutory Rights and Interests associated with
the property and or assets associated in or attached to the property.
2. Assignor makes this assignment to Assignee, to have and to hold the said
Equitable/Statutory Rights and Interests and rights associated either statutory or otherwise
and all monies arising in respect of the same and to accrue thereon, to the use of
Assignee absolutely as they deem necessary, and subject to the terms contained in such
Equitable/Statutory Rights and Interests.
3. Assignor hereby covenants with Assignee that Equitable/Statutory Rights and Interests is
a good and valid security and the sum of Amount of Indebtedness Now Owing from
Equitable/Statutory Rights and Interests Borrower to Assignor and that Assignor has not
done or permitted any act, matter or thing whereby Equitable/Statutory Rights and
Interests has been released or discharged either partly or in its entirety, to the best of the
assignor’s knowledge, and furthermore if such has been done, this contract supersedes
any other agreement to the contrary of the contents, terms, and conditions of this
agreement with the exception of an exclusive agreement that so specifies its exclusivity.
4. Assignee may collect, realize, sell or otherwise deal with the assigned accounts or any
part thereof in such manner, upon such terms and conditions and at such time or times as
may seem to it advisable and without notice to Assignor (except as otherwise required by
any prior agreement and/or applicable law), and may charge on its own behalf and pay to
others reasonable sums for expenses incurred and for services rendered (expressly
including legal advice and services as well as payment in accord with the gold repeal act,
title 12 USC 411, and presidential proclamation 2039) in or in connection with collecting,
realizing, selling or obtaining payment of the Assigned Accounts and may add the amount
of such sums to the indebtedness of the estate of the assignor, but only through the United
States Treasury Department and/or custodian of record of such estate.
5. The parties of this agreement hereby agree to settle any and all matters, disputes,
disagreements, issues, whether directly related and/or indirectly related to the matters
associated hereto this agreement herein through arbitration. The arbitrator shall have
exclusive jurisdiction over the matters, controversies, disagreements, issues, disputes,
directly and/or indirectly associated with this instant matter, and the parties agree that
arbitration shall be the sole remedy for any dispute arising herefrom, hereto, herein,
related hereto, herein, hereof.
Under the Federal Arbitration Act, parties to a contract may agree that an arbitrator rather
than a court will resolve disputes arising out of the contract. When a dispute arises, the
parties sometimes may disagree not only about the merits of the dispute but also about
the threshold arbitrability question—that is, whether their arbitration agreement applies to
the particular dispute. Who decides that threshold arbitrability question? Under the Act
and this Court’s cases, the question of who decides arbitrability is itself a question of
contract. The Act allows parties to agree by contract that an arbitrator, rather than a court,
will resolve threshold arbitrability questions as well as underlying merits disputes. Rent-A-
Center, West, Inc. v. Jackson, 561 U. S. 63, 68−70 (2010); First Options of Chicago, Inc.
v. Kaplan, 514 U. S. 938, 943−944 (1995).
6. This agreement establishes and creates a special relationship whereby the arbitrator shall
be assigned as trustee, and may act only within the framework of this agreement
irrespective of statutes, regulations, codes, ordinances and must adhere to the Federal
arbitration act so long as it is consistent with the terms and condition specified herein and
throughout.
7. Biloly Howie an infant as defined in statute, an estate having value, I hereby assign all
Equitable/Statutory interests and rights over said estate to the assignee, to liquidate at the
soonest and earliest convenient time arbitration, and that the amount of recovered
interests, funds, and/or redemption value the assessed through arbitration, and that the
arbitration as well as the arbitration award shall be binding on all parties and shall not be
subject to review unless there is found that the arbitrator acted outside the scope of this
agreement, and or did not exercise reasonable judgment within the framework of this
agreement, and or has committed fraud with respects this agreement, and or has failed to
render a determination equating to two times the value of the claim by either party, against
the opposing party found in default.
8. It shall further be had, that any party (whether that party be a party of interests, or a non-
interested party, or a third party, and/or custodian, and/or trustee, and or official of a
corporation, and/or a collective entity, and/or a trust, and or a government, or any other
organization), having a disagreement, a claim, a complaint, an issue, a controversy, a
dispute respecting any of the properties, matters, issues, interests Equitable/Statutory or
otherwise in reference to this agreement and or the aforementioned shall also be bound by
the terms of this agreement and must recognize as well as utilize the sole remedy of
arbitration.
8. At any time, if any interested party has expenses and expenditures associated with the
aforementioned properties, that upon notification, and/or receipt of this communication,
you shall have 10-calendar days in which to supply such information and/or notification.
Failure to supply that information within the 10-calendar day period, will constitute
estoppel, whereby that party, the party failing to supply the information within the specified
time period allowed, will have waived any and all rights to complain, and/or bring forth a
complaint, a claim, a charge, a fault.
10. This agreement shall be binding on all parties and shall be irrevocable as well as self-
executing upon receipt, any party defaulting on their obligation shall be liable for up to
three times the value of this agreement/contract or $3 million USD whichever is the greater
shall constitute liability and acquiescence and agreement.
11. Any interested party and/or third-party, and/or non-directly related party shall be held in
special relationship of this trust agreement, and their introduction into this matter shall
constitute there assuming the role of trustee, and carrying out the dictates of this
agreement including all terms and conditions with the exception of arbitrator, as the parties
hereby and herein agreed that the arbitrator shall have the exclusive jurisdiction to
determine the validity of this agreement, as well as the validity of the arbitration clause, as
well as the venue for arbitration should there be one, and that the parties agree that the
assignee mentioned above shall have the sole right for choosing an independent
arbitration Association, at which time the arbitration Association may pick any arbitrator at
random who is not a member of the bar to act as arbitrator. Any disagreement by any
party concerning the arbitration clause shall be had before an arbitrator as specified herein
above, and all parties are bound by the dictates, terms, conditions of this conditional
acceptance and offer.
12. Assignor shall from time to time forthwith on Assignee's request do, make and execute all
such further assignments, documents, acts, matters and things as may be required by
Assignee of or with respect to Equitable/Statutory Rights and Interests as may be required
to give effect to these presents, including, but not limited to obtaining waivers and
subordinations of interests in Equitable/Statutory Rights and Interests from any persons
having a prior claim or interest thereto, and only upon proof of claim that has been
documented and verified as valid. Assignor hereby constitutes and appoints Assignee the
true and lawful attorney of Assignor irrevocable with full power or substitution to do, make
and execute all such statements, assignments, documents, acts, matters or things with the
right to use the name of Assignor whenever and wherever it may be deemed necessary or
expedient.
13. The provisions hereof shall inure to the benefit of the successors and assigns of Assignee
and shall be binding upon the respective heirs, executors, administrators, successors and
assigns of Assignor.
14. This is the entirety of the agreement. Any changes must be made in writing and signed by
both parties. Any disputes must be brought in the form of arbitration as agreed upon by
the arbitration clause of this agreement.
______________________ _______________________
Biloly Howie, as: Assignor Ciloly Zowie, as: Assignee
______________________ _______________________
Witness Witness