Pennsylvania Assignment of Lien
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Assignment of Lien for Real Estate Located in Pennsylvania
Mechanic's Lien assignments can be accomplished by filing an assignment of lien document with the county recorder or prothonotary office where the subject property is located and where the lien was originally recorded.
One of the fundamental principles of contract law is the right to assign contract rights to a third party. For example, Bill contracts with Ted to build a house for Ted. Bill 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." With the basic legal terminology clarified, let's move on to how lien assignments work in Pennsylvania.
Typically, under the 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. 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.
A valid assignment identifies the parties, the subject property, relevant dates, fees, and payments, and any other details needed for the specific situation. In addition, the document must meet all state and local standards for recorded documents.
Mechanic's Liens are governed by Title 49 of the Pennsylvania Consolidated Statutes.
This article is offered for informational purposes only and is not legal advice. This information should not be relied upon as a substitute for speaking with an attorney. Please speak with an attorney familiar with lien laws for questions regarding lien assignments or any other issues related to mechanic's liens in Pennsylvania.