Pantförskrivning

Pantförskrivning is a Swedish legal term that translates to "pledge assignment" or "assignment of pledge". It refers to the act of transferring a security interest, typically a mortgage or a pledge over an asset, from one party to another. This transfer is often done to secure a new loan or as part of a debt restructuring.

In essence, pantförskrivning involves the original creditor (the assignor) assigning their right to the collateral to a new creditor (the assignee). The assignee then gains the right to claim the pledged asset if the debtor defaults on their obligations. This process is particularly common in the context of real estate financing, where a mortgage on a property can be assigned to a new lender.

The legal framework for pantförskrivning in Sweden is primarily governed by specific legislation related to mortgages and pledges. For a pantförskrivning to be legally valid and effective against third parties, certain registration and notification requirements usually need to be met. This ensures transparency and provides legal certainty for all parties involved. The assignment does not typically alter the debtor's obligation to repay the loan, but rather changes the identity of the entity to whom the debt is owed and to whom the collateral is pledged.