One of the fundamental principles of contract law is the right to assign contract rights to a third party. This is a corollary to the principle of "delegation," which involves assigning the duties under a contract to a third party. For example, Jack contracts with Jill to build Jill a house. Jack then assigns the right to payment for the house to Fred (maybe he owes Fred some money on a debt). This is called an "assignment." Contrast that with if Jack were to enlist Fred to build the house for Jill to fulfill Jack and Jill's contract, this would be a "delegation" (although possibly not a legal one if Jill entered the agreement specifically to seek Jack's special services). With the basic legal terminology clarified, let's move on to how lien assignments work in Minnesota.
Lien assignments work like any other assignments of rights under other types of contracts. Therefore, they are governed under Minnesota's version of the Uniform Commercial Code which is codified under Chapter 336 of the Minnesota Statutes.
Under the Commercial Code's rule on assignments, all rights of either seller or buyer can be assigned except where the assignment would materially change the duty of the other party, or increase materially the burden or risk imposed on the other party by the contract, or impair materially the other party's chance of obtaining return performance. M.S. 336.2-210(2). In general, as long as there is no increased burden or risk, or the duties required by the party subject to the lien somehow change, an assignment is permissible.
This article is provided for informational purposes only and is not intended to be relied upon as a substitute for the advice of an attorney. Please contact a Minnesota attorney with any questions about assigning lien rights or other related issues.
Deeds.com Minnesota Assignment of Mechanic Lien Forms Have Been Updated as Recently as Monday August 19, 2019
What others like you are saying:
Mark W. said: Easy, simple and fast. I am familiar with deeds in my state and these looked correct. The common missed document of TRANSFER OF REAL ESTATE VALUE document was also included. Kudos on being complete.
Reply from Staff: Thanks Mark, we really appreciate your feedback.
Patricia M. said: Very easy site to navigate and very helpful information
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Beverly M. said: GREAT FORMS. THANK YOU.
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Teri B. said: Glad to have all of the helpful extra information, even though they don't answer all questions for all situations. So, I accessed public records and asked questions at the auditor's office. Also, on my Mac computer, filling out the actual deed form is a challenge because the screen jumps to the last page everytime I try to type a few letters or hit the return key, so I'm rollling back up to the first 2 pages after most keystrokes. A bit annoying. Overall, happy to have these form options are available! There is really no need to wait and pay for an attorney when all the information needed is available via public records. Fill in the blanks!
Reply from Staff: Thanks so much for the feedback Teri. There are known issues between Adobe and Mac, we try to work around them as much as possible. Have a wonderful day!
James J. said: The form itself was very good and easy to use. The only problem I had was the Sample they provided. Using a different name in every spot doesnt help determine what goes where. Using "Theodore Rockafeller" as Lien Claimant in one spot and Jebediah Finklestein in another then Harvey Johnson in the last spot is confusing if you really need a helpful sample.
Reply from Staff: Thank you for your feedback James. We will have staff review the completed example to see if we can make it more helpful. Have a great day!
Kimberly R. said: Very easy to use. Very informative. I think this is a very good service and is worth the $19 especially if you value time.
Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!
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