Citibank, and (ii) a side letter agreement (the " Second Side Letter Agreement "), dated February 7, 2005, between Landlord, Citibank and Assignee (the Original Lease, as so amended by the One way avoid this situation is to change the contract. Add language that says that if one side assigns without the consent of the other, the non-assigning party need not recognize the assignment and need not recognize the assignee as party to the contract. If the proposed assignee is reads the contract before assignment (and they should), they’ll probably insist on getting consent from the non-assigning party’s consent before the assignment. In most cases this will allow the non-assigning party to ensure the continuity they bargained for – either by stopping an assignment they don’t like before it happens, or by granting consent to an assignee that’s acceptable. The exception is if the original contract was signed as a deed, you need to use a deed to novate it. Real property transaction are by deed. That includes a consent to assign a lease, which has three parties. There are special reasons for that. There are other examples too, which are more obscure. Why novation can be difficult вЂњAssignment and Assumption AgreementвЂќ means an Assignment and Assumption Agreement, substantially in the form of attached Exhibit C, under which an interest of a Lender hereunder is transferred to an Eligible Assignee pursuant to Section 9.06(c). The assignment violates the law or public policy. Some laws limit or prohibit assignments. For example, many states prohibit the assignment of future wages by an employee, and the federal government prohibits the assignment of certain claims against the government. ASSIGNMENT AND ASSUMPTION AGREEMENT & GUIDE Included: Overview Dos and DonвЂ™ts Checklist Assignment and Assumption Agreement Instructions Sample Assignment and Assignment shall commence upon the Execution Date available at Law or in An assignment is the transfer To be effective, an assignment must contain parties with legal capacity The agreement is used to pay a mortgage lender if the obligations under a contract to another party. The party transferring Jun 1, 2017 An assignment and assumption agreement transfers one party's rights and Assignment in legal terms means the transfer of a property right or title to some particular person under an agreement, usually in writing. Unless an assignment is qualified in some way, it is generally considered to be a transfer of the transferor's entire interest in the estate, chattel, or other thing assigned.