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Contract Assignment Agreement

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This Contract Assignment Agreement document is used to transfer rights and responsibilities under an original contract from one Party, known as the Assignor, to another, known as the Assignee. The Assignor who was a Party to the original contract can use this document to assign their rights under the original contract to the Assignee, as well as delegating their duties under the original contract to that Assignee. For example, a nanny who as contracted with a family to watch their children but is no longer able to due to a move could assign their rights and responsibilities under the original service contract to a new childcare provider.

How to use this document

Prior to using this document, the original contract is consulted to be sure that an assignment is not prohibited and that any necessary permissions from the other Party to the original contract, known as the Obligor, have been obtained. Once this has been done, the document can be used. The Agreement contains important information such as the identities of all parties to the Agreement, the expiration date (if any) of the original contract, whether the original contract requires the Obligor's consent before assigning rights and, if so, the form of consent that the Assignor obtained and when, and which state's laws will govern the interpretation of the Agreement.

If the Agreement involves the transfer of land from one Party to another , the document will include information about where the property is located, as well as space for the document to be recorded in the county's official records, and a notary page customized for the land's location so that the document can be notarized.

Once the document has been completed, it is signed, dated, and copies are given to all concerned parties , including the Assignor, the Assignee, and the Obligor. If the Agreement concerns the transfer of land, the Agreement is then notarized and taken to be recorded so that there is an official record that the property was transferred.

Applicable law

The assignment of contracts that involve the provision of services is governed by common law in the " Second Restatement of Contracts " (the "Restatement"). The Restatement is a non-binding authority in all of U.S common law in the area of contracts and commercial transactions. Though the Restatement is non-binding, it is frequently cited by courts in explaining their reasoning in interpreting contractual disputes.

The assignment of contracts for sale of goods is governed by the Uniform Commercial Code (the "UCC") in § 2-209 Modification, Rescission and Waiver .

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Assignment Agreement Template

Use our assignment agreement to transfer contractual obligations.

Updated February 1, 2024 Reviewed by Brooke Davis

An assignment agreement is a legal document that transfers rights, responsibilities, and benefits from one party (the “assignor”) to another (the “assignee”). You can use it to reassign debt, real estate, intellectual property, leases, insurance policies, and government contracts.

What Is an Assignment Agreement?

What to include in an assignment agreement, how to assign a contract, how to write an assignment agreement, assignment agreement sample.

Partnership Interest

An assignment agreement effectively transfers the rights and obligations of a person or entity under an initial contract to another. The original party is the assignor, and the assignee takes on the contract’s duties and benefits.

It’s often a requirement to let the other party in the original deal know the contract is being transferred. It’s essential to create this form thoughtfully, as a poorly written assignment agreement may leave the assignor obligated to certain aspects of the deal.

The most common use of an assignment agreement occurs when the assignor no longer can or wants to continue with a contract. Instead of leaving the initial party or breaking the agreement, the assignor can transfer the contract to another individual or entity.

For example, imagine a small residential trash collection service plans to close its operations. Before it closes, the business brokers a deal to send its accounts to a curbside pickup company providing similar services. After notifying account holders, the latter company continues the service while receiving payment.

Create a thorough assignment agreement by including the following information:

Effective Date: The document must indicate when the transfer of rights and obligations occurs.
Parties: Include the full name and address of the assignor, assignee, and obligor (if required).
Assignment: Provide details that identify the original contract being assigned.
Third-Party Approval: If the initial contract requires the approval of the obligor, note the date the approval was received.
Signatures: Both parties must sign and date the printed assignment contract template once completed. If a notary is required, wait until you are in the presence of the official and present identification before signing. Failure to do so may result in having to redo the assignment contract.

Review the Contract Terms

Carefully review the terms of the existing contract. Some contracts may have specific provisions regarding assignment. Check for any restrictions or requirements related to assigning the contract.

Check for Anti-Assignment Clauses

Some contracts include anti-assignment clauses that prohibit or restrict the ability to assign the contract without the consent of the other party. If there’s such a clause, you may need the consent of the original parties to proceed.

Determine Assignability

Ensure that the contract is assignable. Some contracts, especially those involving personal services or unique skills, may not be assignable without the other party’s agreement.

Get Consent from the Other Party (if Required)

If the contract includes an anti-assignment clause or requires consent for assignment, seek written consent from the other party. This can often be done through a formal amendment to the contract.

Prepare an Assignment Agreement

Draft an assignment agreement that clearly outlines the transfer of rights and obligations from the assignor (the party assigning the contract) to the assignee (the party receiving the assignment). Include details such as the names of the parties, the effective date of the assignment, and the specific rights and obligations being transferred.

Include Original Contract Information

Attach a copy of the original contract or reference its key terms in the assignment agreement. This helps in clearly identifying the contract being assigned.

Execution of the Assignment Agreement

Both the assignor and assignee should sign the assignment agreement. Signatures should be notarized if required by the contract or local laws.

Notice to the Other Party

Provide notice of the assignment to the non-assigning party. This can be done formally through a letter or as specified in the contract.

File the Assignment

File the assignment agreement with the appropriate parties or entities as required. This may include filing with the original contracting party or relevant government authorities.

Communicate with Third Parties

Inform any relevant third parties, such as suppliers, customers, or service providers, about the assignment to ensure a smooth transition.

Keep Copies for Records

Keep copies of the assignment agreement, original contract, and any related communications for your records.

Here’s a list of steps on how to write an assignment agreement:

Step 1 – List the Assignor’s and Assignee’s Details

List all of the pertinent information regarding the parties involved in the transfer. This information includes their full names, addresses, phone numbers, and other relevant contact information.

This step clarifies who’s transferring the initial contract and who will take on its responsibilities.

Step 2 – Provide Original Contract Information

Describing and identifying the contract that is effectively being reassigned is essential. This step avoids any confusion after the transfer has been completed.

Step 3 – State the Consideration

Provide accurate information regarding the amount the assignee pays to assume the contract. This figure should include taxes and any relevant peripheral expenses. If the assignee will pay the consideration over a period, indicate the method and installments.

Step 4 – Provide Any Terms and Conditions

The terms and conditions of any agreement are crucial to a smooth transaction. You must cover issues such as dispute resolution, governing law, obligor approval, and any relevant clauses.

Step 5 – Obtain Signatures

Both parties must sign the agreement to ensure it is legally binding and that they have read and understood the contract. If a notary is required, wait to sign off in their presence.

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Assignment of Rights Agreement: Everything You Need to Know

An assignment of rights agreement refers to a situation in which one party, known as the assignor, shifts contract rights to another party, known as assignee. 3 min read updated on February 01, 2023

An assignment of rights agreement refers to a situation in which one party, known as the assignor, shifts contract rights to another party. The party taking on the rights is known as the assignee.

An Assignment of Rights Agreement

The following is an example of an assignment of rights agreement. Dave decides to buy a bicycle from John for $100 and after agreeing on the price, Dave and John draw up a written agreement. Let's suppose that there will be a one week wait before the bicycle is ready for delivery to Dave and before anything is passed between them.

Meanwhile, John accepts that he will transfer his right to be paid $100 from Dave to Rob, in exchange for Rob paying John $90 immediately. Let's assume that John's motivation is an immediate need for cash. In this context, John is regarded as the assignor and Rob is the assignee.

John is the assignor as he is giving the assignment to Rob and Rob is the assignee because he is acquiring the assignment from John. To put it simply, the assignee is the party who gets something. In this case, Rob will receive $100.

Rules of Assignments

Assignments frequently occur in contracts. It's important to note the following points:

The assignor (e.g. John) is accountable according to the contract unless the parties make an agreement that states otherwise.
This means that if Dave does not receive the bicycle, he can sue John for it.
Assignments are allowed in almost every type of agreement unless the contract includes an explicit ban on assignments or unless a specific exception is applicable.
The assignor does not need to speak to the other contract party in order to create the assignment. For example, John would not need to ask Dave if John can transfer his right to be paid to Rob.

Exceptions Where a Contract Cannot be Assigned

Some exceptions dictate that a contract cannot be assigned .
Unenforceable assignments include the following: a personal services agreement, changing the contract duties, changing the material provisions of the agreement (e.g. time, amount, location, etc.).
An example of a personal services agreement, which cannot be assigned, would be if you decided to employ a particular professional writer to write a book for you.
That writer would not be allowed to take your payment and then give the work to another writer because you employed that particular writer to write the book, rather than someone else.
Some kinds of assignments have to be in writing in order to be enforceable such as assignments of actual property (e.g. selling your house), loans, or debts.
It's best to look at the statute of frauds for more information on the kinds of agreements that must be in writing.

Delegations and Novations

A delegation is very similar to an assignment in terms of what it involves. A delegation takes place when a party moves his or her obligations (or liabilities) under an agreement to a different party. Assignments, on the other hand, involve the transfer of rights.

If the parties in our previous example had created a novation , Rob would be entirely accountable to Dave and John would be clear of responsibility. A novation replaces the earliest party with a new party.

Contract Assignment

An Assignment Agreement can also be called a Contract Assignment. Another example of this would be if you're a contractor who needs assistance finishing a job. You could give those tasks and rights to a subcontractor, but only if the original agreement does not prohibit the assignment of these rights and responsibilities.

Creating an Assignment Agreement

In an Assignment Agreement, it is important to include details such as:

The name of the person assigning the responsibilities (known as the assignor)
The name of the of the party who is taking the rights and responsibilities (the assignee)
The other party to the first agreement (known as the obligor)
The name of the agreement and its expiration date
Whether the first contract necessitates the obligor's approval before assigning rights
The date of the obligor's consent
When the contract will be put into effect
Which state's laws will regulate the contract

If you need help with an assignment of rights agreement, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

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Assignment of a claim or cause of action | Practical Law

Assignment of a claim or cause of action

Practical law uk practice note 1-522-7861 (approx. 32 pages).

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What Is an Assignment of Claims?

An assignment of claims is a legal and financial process that allows one party to transfer or “assign” a claim to someone else, provided that the other party is in full knowledge of the assignment and agrees to it. In this process, the party that transfers the claim is called the assignor, and the party to whom the claim is transferred is called the assignee. Essentially, this situation entitles the assignee to the rights previously held by the assignor, according to the claim or contract. The assignment of claims, however, may also involve transference of some liabilities and legal responsibilities to the assignee.

There are many situations wherein assignment of claims can be applicable, such as in insurance claims , bankruptcies, and damages to compensate for an accident or injury. In the US, companies abide by the “Assignment of Claims Act of 1940” to carry out an assignment of claim when a contract between the said company and a client expires or is about to expire. One condition under the act is that there is a sum of $1,000 US Dollars or higher involved in the contract; if the sum is lower than that, then an assignment may not be able to push through.

The company may only assign the claim to an assignee of a “financing institution,” like banks, government-funded lending agencies, or trust companies or corporations. This condition ensures that the assignee is able to take on the responsibilities involving the claim, especially for financial aspects. The existing contract between the assignor and another party should also not state any problem with assigning the claim to a new assignee; otherwise, the party with whom the assignor has a contract can sue the assignor for contract violation. Another condition would be that the assignor can only assign the claim to only one assignee, and that the latter cannot transfer the claim to another party.

Many cases require that the assignment be formally filed, especially when it involves property of high value, such as a huge sum or money, land, or forms of collateral . Generally, the courts do not have to investigate why an assignment was filed, but require the filing primarily for documentation purposes. In this process, another contract should be drawn up, stating that the claim will be transferred from the assignor to the assignee. Once the contract is agreed to and the two parties have willingly signed the contract, the assignment of claims is complete and a novation takes place, making the assignee the new claim holder.

Recommended, as featured on:.

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By: Vladimir Mucibabic An assignment of claims may be in order after an accident.

In what circumstances can you assign a claim or cause of action?

Published by a lexisnexis dispute resolution expert.

This Practice Note sets out the requirements and considerations for permitted assignment of claims or causes of action in English civil litigation.

For guidance on how to assign a claim or cause of action, with particular consideration as to what should be included in the assignment documentation, see Practice Note: How do I assign a claim or cause of action?

Note: in this Practice Note, we refer to the assignment of both causes of action and claims. We define a cause of action as '...a factual situation the existence of which entitles one person to obtain from the court a remedy against another person' ( Letang v Cooper ) and a claim as the formal assertion of a cause of action by a claimant against a defendant. In the authorities , the phrases 'assigning a cause of action' and 'assigning a claim' are sometimes used interchangeably. For the purposes of this Practice Note, unless the context indicates otherwise, we refer to:

assigning 'causes of action' when considering whether the assignment

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Related legal acts:

Courts and Legal Services Act 1990 (1990 c 41)
Law of Property Act 1925 (1925 c 20)

Key definition:

Requirements definition, what does requirements mean.

A DCO should include “Requirements” to which the development authorised by the DCO is to be subject. Similar to planning conditions, a requirement specifies the matters for which detailed approval needs to be obtained before the development can be lawfully begin.

Limitation—tort claims

Limitation—tort claimsThis Practice Note addresses the issues arising out of the Limitation Act 1980 (LA 1980) in relation to tort claims. It looks at limitation periods for actions founded on tort, with particular focus on joint tortfeasors, concurrent duties between contract and tort claims,

Defendant’s response to a letter of claim

Defendant’s response to a letter of claim[ON YOUR FIRM’S LETTERHEAD][Insert name and address of the claimant’s solicitors, including any reference number/name of the responsible lawyer if given in the letter of claim][Insert date][Insert your reference]Dear [insert organisation name][Insert

Amended pre-action protocols likely in force 6 April 2015

Dispute Resolution analysis: the Civil Procedure Rule Committee (CPRC) is in the process of making significant amendments to a number of the pre-action protocols and will be introducing a new debt protocol. We understand that it is likely that the following protocols will come into force on 6 April

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Assigning debts and other contractual claims - not as easy as first thought

Updates to UK Money laundering rules - key changes

Harking back to law school, we had a thirst for new black letter law. Section 136 of the Law of the Property Act 1925 kindly obliged. This lays down the conditions which need to be satisfied for an effective legal assignment of a chose in action (such as a debt). We won’t bore you with the detail, but suffice to say that what’s important is that a legal assignment must be in writing and signed by the assignor, must be absolute (i.e. no conditions attached) and crucially that written notice of the assignment must be given to the debtor.

When assigning debts, it’s worth remembering that you can’t legally assign part of a debt – any attempt to do so will take effect as an equitable assignment. The main practical difference between a legal and an equitable assignment is that the assignor will need to be joined in any legal proceedings in relation to the assigned debt (e.g. an attempt to recover that part of the debt).

Recent cases which tell another story

Why bother telling you the above? Aside from our delight in remembering the joys of debating the merits of legal and equitable assignments (ehem), it’s worth revisiting our textbooks in the context of three recent cases. Although at first blush the statutory conditions for a legal assignment seem quite straightforward, attempts to assign contractual claims such as debts continue to throw up legal disputes:

In Sumitomo Mitsui Banking Corp Europe Ltd v Euler Hermes Europe SA (NV) [2019] EWHC 2250 (Comm), the High Court held that a performance bond issued under a construction contract was not effectively assigned despite the surety acknowledging a notice of assignment of the bond. Sadly, the notice of assignment failed to meet the requirements under the bond instrument that the assignee confirm its acceptance of a provision in the bond that required the employer to repay the surety in the event of an overpayment. This case highlights the importance of ensuring any purported assignment meets any conditions stipulated in the underlying documents.
In Promontoria (Henrico) Ltd v Melton [2019] EWHC 2243 (Ch) (26 June 2019) , the High Court held that an assignment of a facility agreement and legal charges was valid, even though the debt assigned had to be identified by considering external evidence. The deed of assignment in question listed the assets subject to assignment, but was illegible to the extent that the debtor’s name could not be deciphered. The court got comfortable that there had been an effective assignment, given the following factors: (i) the lender had notified the borrower of its intention to assign the loan to the assignee; (ii) following the assignment, the lender had made no demand for repayment; (iii) a manager of the assignee had given a statement that the loan had been assigned and the borrower had accepted in evidence that he was aware of the assignment. Fortunately for the assignee, a second notice of assignment - which was invalid because it contained an incorrect date of assignment - did not invalidate the earlier assignment, which was found to be effective. The court took a practical and commercial view of the circumstances, although we recommend ensuring that your assignment documents clearly reflect what the parties intend!
Finally, in Nicoll v Promontoria (Ram 2) Ltd [2019] EWHC 2410 (Ch), the High Court held that a notice of assignment of a debt given to a debtor was valid, even though the effective date of assignment stated in the notice could not be verified by the debtor. The case concerned a debt assigned by the Co-op Bank to Promontoria and a joint notice given by assignor and assignee to the debtor that the debt had been assigned “on and with effect from 29 July 2016”. A subsequent statutory demand served by Promontoria on the debtor for the outstanding sums was disputed on the basis that the notice of assignment was invalid because it contained an incorrect date of assignment. Whilst accepting that the documentation was incapable of verifying with certainty the date of assignment, the Court held that the joint notice clearly showed that both parties had agreed that an assignment had taken place and was valid. This decision suggests that mistakes as to the date of assignment in a notice of assignment may not necessarily be fatal, if it is otherwise clear that the debt has been assigned.

The conclusion from the above? Maybe it’s not quite as easy as first thought to get an assignment right. Make sure you follow all of the conditions for a legal assignment according to the underlying contract and ensure your assignment documentation is clear.

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FAC Number: 2024-03 Effective Date: 02/23/2024

Subpart 32.8 - Assignment of Claims

32.800 scope of subpart..

This subpart prescribes policies and procedures for the assignment of claims under the Assignment of Claims Act of1940, as amended, ( 31 U.S.C.3727 , 41 U.S.C.6305 ) (hereafter referred to as "the Act").

32.801 Definitions.

Designated agency , as used in this subpart, means any department or agency of the executive branch of the United States Government (see 32.803 (d)).

No-setoff commitment , as used in this subpart, means a contractual undertaking that, to the extent permitted by the Act, payments by the designated agency to the assignee under an assignment of claims will not be reduced to liquidate the indebtedness of the contractor to the Government.

32.802 Conditions.

Under the Assignment of Claims Act, a contractor may assign moneys due or to become due under a contract if all the following conditions are met:

(a) The contract specifies payments aggregating $1,000 or more.

(b) The assignment is made to a bank, trust company, or other financing institution, including any Federal lending agency.

(d) Unless otherwise expressly permitted in the contract, the assignment-

(1) Covers all unpaid amounts payable under the contract;

(2) Is made only to one party, except that any assignment may be made to one party as agent or trustee for two or more parties participating in the financing of the contract; and

(3) Is not subject to further assignment.

(e) The assignee sends a written notice of assignment together with a true copy of the assignment instrument to the-

(1) Contracting officer or the agency head ;

(2) Surety on any bond applicable to the contract; and

(3) Disbursing officer designated in the contract to make payment.

32.803 Policies.

(a) Any assignment of claims that has been made under the Act to any type of financing institution listed in 32.802 (b) may thereafter be further assigned and reassigned to any such institution if the conditions in 32.802 (d) and (e) continue to be met.

(b) A contract may prohibit the assignment of claims if the agency determines the prohibition to be in the Government’s interest.

(c) Under a requirements or indefinite quantity type contract that authorizes ordering and payment by multiple Government activities, amounts due for individual orders for $1,000 or more may be assigned.

(d) Any contract of a designated agency (see FAR 32.801 ), except a contract under which full payment has been made, may include a no-setoff commitment only when a determination of need is made by the head of the agency , in accordance with the Presidential delegation of authority dated October 3,1995, and after such determination has been published in the Federal Register. The Presidential delegation makes such determinations of need subject to further guidance issued by the Office of Federal Procurement Policy. The following guidance has been provided:

Use of the no-setoff provision may be appropriate to facilitate the national defense ; in the event of a national emergency or natural disaster; or when the use of the no-setoff provision may facilitate private financing of contract performance. However, in the event an offeror is significantly indebted to the United States , the contracting officer should consider whether the inclusion of the no-setoff commitment in a particular contract is in the best interests of the United States . In such an event, the contracting officer should consult with the Government officer(s) responsible for collecting the debt(s).

(e) When an assigned contract does not include a no-setoff commitment , the Government may apply against payments to the assignee any liability of the contractor to the Government arising independently of the assigned contract if the liability existed at the time notice of the assignment was received even though that liability had not yet matured so as to be due and payable.

32.804 Extent of assignee’s protection.

(a) No payments made by the Government to the assignee under any contract assigned in accordance with the Act may be recovered on account of any liability of the contractor to the Government. This immunity of the assignee is effective whether the contractor’s liability arises from or independently of the assigned contract.

(b) Except as provided in paragraph (c) of this section, the inclusion of a no-setoff commitment in an assigned contract entitles the assignee to receive contract payments free of reduction or setoff for-

(1) Any liability of the contractor to the Government arising independently of the contract; and

(2) Any of the following liabilities of the contractor to the Government arising from the assigned contract:

(i) Renegotiation under any statute or contract clause .

(ii) Fines.

(iii) Penalties, exclusive of amounts that may be collected or withheld from the contractor under, or for failure to comply with, the terms of the contract.

(iv) Taxes or social security contributions.

(v) Withholding or nonwithholding of taxes or social security contributions.

(c) In some circumstances, a setoff may be appropriate even though the assigned contract includes a no-setoff commitment ; e.g.-

(1) When the assignee has neither made a loan under the assignment nor made a commitment to do so; or

(2) To the extent that the amount due on the contract exceeds the amount of any loans made or expected to be made under a firm commitment for financing.

32.805 Procedure.

(a) Assignments.

(1) Assignments by corporations shall be-

(i) Executed by an authorized representative;

(ii) Attested by the secretary or the assistant secretary of the corporation; and

(iii) Impressed with the corporate seal or accompanied by a true copy of the resolution of the corporation’s board of directors authorizing the signing representative to execute the assignment.

(2) Assignments by a partnership may be signed by one partner, if the assignment is accompanied by adequate evidence that the signer is a general partner of the partnership and is authorized to execute assignments on behalf of the partner-ship.

(3) Assignments by an individual shall be signed by that individual and the signature acknowledged before a notary public or other person authorized to administer oaths.

(b) Filing. The assignee shall forward to each party specified in 32.802 (e) an original and three copies of the notice of assignment, together with one true copy of the instrument of assignment. The true copy shall be a certified duplicate or photostat copy of the original assignment.

(c) Format for notice of assignment. The following is a suggested format for use by an assignee in providing the notice of assignment required by 32.802 (e).

Notice of Assignment

To: ___________ [ Address to one of the parties specified in 32.802 (e) ].

This has reference to Contract No. __________ dated ______, entered into between ______ [ Contractor’s name and address ] and ______ [ Government agency, name of office, and address ], for ________ [ Describe nature of the contract ].

Moneys due or to become due under the contract described above have been assigned to the undersigned under the provisions of the Assignment of Claims Act of1940, as amended, ( 31 U.S.C.3727 , 41 U.S.C.6305 ).

A true copy of the instrument of assignment executed by the Contractor on ___________ [ Date ], is attached to the original notice.

Payments due or to become due under this contract should be made to the undersigned assignee.

Please return to the undersigned the three enclosed copies of this notice with appropriate notations showing the date and hour of receipt, and signed by the person acknowledging receipt on behalf of the addressee.

Very truly yours,

__________________________________________________ [ Name of Assignee ]

By _______________________________________________ [ Signature of Signing Officer ]

__________________________________________________ [ Titleof Signing Officer ]

__________________________________________________ [ Address of Assignee ]

Acknowledgement

Receipt is acknowledged of the above notice and of a copy of the instrument of assignment. They were received ____(a.m.) (p.m.) on ______, 20___.

__________________________________________________ [ Signature ]

__________________________________________________ [ Title ]

__________________________________________________ On behalf of

__________________________________________________ [ Name of Addressee of this Notice ]

(d) Examination by the Government. In examining and processing notices of assignment and before acknowledging their receipt, contracting officers should assure that the following conditions and any additional conditions specified in agency regulations, have been met:

(1) The contract has been properly approved and executed.

(2) The contract is one under which claims may be assigned.

(3) The assignment covers only money due or to become due under the contract.

(4) The assignee is registered separately in the System for Award Management unless one of the exceptions in 4.1102 applies.

(e) Release of assignment.

(1) A release of an assignment is required whenever-

(i) There has been a further assignment or reassignment under the Act; or

(ii) The contractor wishes to reestablish its right to receive further payments after the contractor’s obligations to the assignee have been satisfied and a balance remains due under the contract.

(2) The assignee, under a further assignment or reassignment, in order to establish a right to receive payment from the Government, must file with the addressees listed in 32.802 (e) a-

(i) Written notice of release of the contractor by the assigning financing institution;

(ii) Copy of the release instrument;

(iii) Written notice of the further assignment or reassignment; and

(iv) Copy of the further assignment or reassignment instrument.

(3) If the assignee releases the contractor from an assignment of claims under a contract, the contractor, in order to establish a right to receive payment of the balance due under the contract, must file a written notice of release together with a true copy of the release of assignment instrument with the addressees noted in 32.802 (e).

(4) The addressee of a notice of release of assignment or the official acting on behalf of that addressee shall acknowledge receipt of the notice.

32.806 Contract clauses.

(1) The contracting officer shall insert the clause at 52.232-23 , Assignment of Claims , in solicitations and contracts expected to exceed the micro-purchase threshold , unless the contract will prohibit the assignment of claims (see 32.803 (b)). The use of the clause is not required for purchase orders . However, the clause may be used in purchase orders expected to exceed the micro-purchase threshold , that are accepted in writing by the contractor, if such use is consistent with agency policies and regulations.

(2) If a no-setoff commitment has been authorized (see 32.803 (d)), the contracting officer shall use the clause with its AlternateI.

(b) The contracting officer shall insert the clause at 52.232-24 , Prohibition of Assignment of Claims , in solicitations and contracts for which a determination has been made under agency regulations that the prohibition of assignment of claims is in the Government’s interest.

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31 U.S. Code § 3727 - Assignments of claims

In subsection (a)(1), the words “or share thereof” and “whether absolute or conditional, and whatever may be the consideration therefor” are omitted as surplus. In clause (2), the word “authorization” is substituted for “powers of attorney, orders, or other authorities” to eliminate unnecessary words.

In subsections (b) and (c), the word “official” is substituted for “officer” for consistency in the revised title and with other titles of the United States Code.

In subsection (b), the words “Except as hereinafter provided” are omitted as unnecessary. The words “read and” are omitted as surplus. The words “to the person acknowledging the same” are omitted as unnecessary. The text of 31:203(1st par. last sentence) is omitted as superseded by 39:410. The words “Notwithstanding any law to the contrary governing the validity of assignments ” and the text of 31:203(last par.) are omitted as unnecessary.

In subsection (c), before clause (1), the words “bank, trust company, or other . . . including any Federal lending agency” are omitted as surplus. The words “of money due or to become due under a contract providing for payments totaling at least $1,000” are substituted for “in any case in which the moneys due or to become due from the United States or from any agency or department thereof, under a contract providing for payments aggregating $1,000 or more” to eliminate unnecessary words. The text of 31:203(2d par. proviso cl. 1) is omitted as executed. In clause (1), the words “in the case of any contract entered into after October 9, 1940 ” are omitted as executed. In clause (2)(A), the words “payable under such contract” are omitted as surplus. In clause (3), the words “true” and “instrument of” are omitted as surplus. The words “department or” are omitted because of the restatement. The words “if any” and “to make payment” are omitted as surplus.

In subsection (d), before clause (1), the words “During a war or national emergency proclaimed by the President or declared by law and ended by proclamation or law” are substituted for “in time of war or national emergency proclaimed by the President (including the national emergency proclaimed December 16, 1950 ) or by Act or joint resolution of the Congress and until such war or national emergency has been terminated in such manner” to eliminate unnecessary words. The words “ Department of Energy (when carrying out duties and powers formerly carried out by the Atomic Energy Commission)” are substituted for “Atomic Energy Commission” (which was reconstituted as the Energy Research and Development Administration by 42:5813 and 5814) because of 42:7151(a) and 7293. The words “other department or . . . of the United States . . . except any such contract under which full payment has been made” and “of any moneys due or to become due under such contract” before “shall not be subject” are omitted as surplus. The words “A payment subsequently due under the contract (even after the war or emergency is ended) shall be paid to the assignee without” are substituted for “and if such provision or one to the same general effect has been at any time heretofore or is hereafter included or inserted in any such contract, payments to be made thereafter to an assignee of any moneys due or to become due under such contract, whether during or after such war or emergency . . . hereafter” to eliminate unnecessary words. The words “of any nature” are omitted as surplus. In clause (1), the words “or any department or agency thereof” are omitted as unnecessary. In clause (2), the words “under any renegotiation statute or under any statutory renegotiation article in the contract” are omitted as surplus.

Subsection (e)(1) is substituted for 31:203(4th par.) to eliminate unnecessary words.

In subsection (e)(2), the words “person receiving an amount under an assignment or allotment” are substituted for “assignees, transferees, or allottees” for clarity and consistency. The words “or to others for them” and “with respect to such assignments , transfers, or allotments or the use of such moneys” are omitted as surplus. The words “person making the assignment or allotment” are substituted for “assignors, transferors, or allotters” for clarity and consistency.

Assignment of Benefits: What It Is, and How It Can Affect your Property Insurance Claim

Table of Contents

What is an Assignment of Benefits?

In the context of insured property claims, an assignment of benefits (AOB) is an agreement between you and a contractor in which you give the contractor your right to insurance payments for a specific scope of work . In exchange, the contractor agrees that it will not seek payment from you for that scope of work, except for the amount of any applicable deductible. In other words, you give part of your insurance claim to your contractor, and your contractor agrees not to collect from you for part of its work.

The most important thing to know about an assignment of benefits is that it puts your contractor in control your claim , at least for their scope of work. Losing that control can significantly affect the direction and outcome of your claim, so you should fully understand the implications of an AOB (sometimes called an assignment of claims or AOC) before signing one.

How Does an Assignment of Benefits Work in Practice?

Let’s say you’re an insured homeowner, and Hurricane Ian significantly damaged your roof. Let’s also assume your homeowner’s policy covers that damage. A roofer, after inspecting your roof and reviewing your insurance policy, might conclude that your insurer is probably going to pay for a roof replacement under your insurance policy. The only problem is that it’s early in the recovery process, and your insurer hasn’t yet stated whether it will pay for the roof replacement proposed by your contractor. So if you want your roof replaced now, you would ordinarily agree to pay your roofer for the replacement, and wait in hopes that your insurer reimburses you for the work. This means that if your insurance company refuses to pay or drags out payment, you’re on the hook to your roofer for the cost of the replacement.

As an alternative to agreeing to pay your roofer for the full cost of the work, you could sign an assignment of benefits for the roof replacement. In this scenario, your roofer owns the part of your insurance claim that pertains to the roof replacement. You might have to pay your roofer for the amount of your deductible, but you probably don’t have to pay them for the rest of the cost of the work. And if your insurance company refuses to pay or drags out payment for the roof replacement, it’s your roofer, and not you, who would be on the hook for that shortfall.

So should you sign an AOB? Not necessarily. Read below to understand the pros and cons of an assignment of benefits.

Are There any Downsides to Signing an Assignment of Benefits?

Yes.

You lose control of your claim . This is the most important factor to understand when considering whether to sign an AOB. An AOB is a formal assignment of your legal rights to payment under your insurance contract. Unless you’re able to cancel the AOB, your contractor will have full control over your claim as it relates to their work.

To explain why that control could matter, let’s go back to the roof replacement example. When you signed the AOB, the scope of work you agreed on was to replace the roof. But you’re not a roofing expert, so you don’t know whether the costs charged or the materials used by the roofer in its statement of work are industry appropriate or not. In most cases, they probably are appropriate, and there’s no problem. But if they’re not – if, for instance, the roofer’s prices are unreasonably high – then the insurer may not approve coverage for the replacement. At that point, the roofer could lower its prices so the insurer approves the work, but it doesn’t have to, because it controls the claim . Instead it could hold up work and threaten to sue your insurer unless it approves the work at the originally proposed price. Now the entire project is insnared in litigation, leaving you in a tough spot with your insurer for your other claims and, most importantly, with an old leaky roof.

Misunderstanding the Scope of Work. Another issue that can arise is that you don’t understand the scope of the assignment of benefits. Contractor estimates and scopes of work are often highly technical documents that can be long on detail but short on clarity. Contractors are experts at reading and writing them. You are not. That difference matters because the extent of your assignment of benefits is based on that technical, difficult-to-understand scope of work. This can lead to situations where your understanding of what you’re authorizing the contractor to do is very different from what you’ve actually authorized in the AOB agreement.

In many cases, it’s not necessary . Many contractors will work with you and your insurer to provide a detailed estimate of their work, and will not begin that work until your insurer has approved coverage for it. This arrangement significantly reduces the risk of you being on the hook for uninsured repairs, without creating any of the potential problems that can occur when you give away your rights to your claim.

Do I have to sign an Assignment of Benefits?

No. You are absolutely not required to sign an AOB if you do not want to.

Are There any Benefits to Signing an Assignment of Benefits?

Potentially, but only if you’ve fully vetted your contractor and your claim involves complicated and technical construction issues that you don’t want to deal with.

First, you must do your homework to fully vet your contractor! Do not just take their word for it or be duped by slick ads. Read reviews, understand their certificate of insurance, know where they’re located, and, if possible, ask for and talk to references. If you’ve determined that the contractor is highly competent at the work they do, is fully insured, and has a good reputation with customers, then that reduces the risk that they’ll abuse their rights to your claim.

Second, if your claim involves complicated reconstruction issues, a reputable contractor may be well equipped to handle the claim and move it forward. If you don’t want to deal with the hassle of handling a complicated claim like this, and you know you have a good contractor, one way to get rid of that hassle is an AOB.

Another way to get rid of the hassle is to try Claimly, the all-in-one claims handling tool that get you results but keeps you in control of your claim.

Can my insurance policy restrict the use of AOBs?

Yes, it’s possible that your Florida insurance policy restricts the use of AOBs, but only if all of the following criteria are met:

When you selected your coverage, your insurer offered you a different policy with the same coverage, only it did not restrict the right to sign an AOB.
Your insurer made the restricted policy available at a lower cost than the unrestricted policy.
If the policy completely prohibits AOBs, then it was made available at a lower cost than any policy partially prohibiting AOBs.
The policy includes on its face the following notice in 18-point uppercase and boldfaced type:

THIS POLICY DOES NOT ALLOW THE UNRESTRICTED ASSIGNMENT OF POST-LOSS INSURANCE BENEFITS. BY SELECTING THIS POLICY, YOU WAIVE YOUR RIGHT TO FREELY ASSIGN OR TRANSFER THE POST-LOSS PROPERTY INSURANCE BENEFITS AVAILABLE UNDER THIS POLICY TO A THIRD PARTY OR TO OTHERWISE FREELY ENTER INTO AN ASSIGNMENT AGREEMENT AS THE TERM IS DEFINED IN SECTION 627.7153 OF THE FLORIDA STATUTES.

627.7153.

Pro Tip : If you have an electronic copy of your complete insurance policy (not just the declaration page), then search for “policy does not allow the unrestricted assignment” or another phrase from the required language above to see if your policy restricts an AOB. If your policy doesn’t contain this required language, it probably doesn’t restrict AOBs.

Do I have any rights or protections concerning Assignments of Benefits?

Yes, you do. Florida recently enacted laws that protect consumers when dealing with an AOB.

Protections in the AOB Contract

To be enforceable, a Assignments of Benefits must meet all of the following requirements:

Be in writing and executed by and between you and the contractor.
Contain a provision that allows you to cancel the assignment agreement without a penalty or fee by submitting a written notice of cancellation signed by the you to the assignee:
at least 30 days after the date work on the property is scheduled to commence if the assignee has not substantially performed, or
at least 30 days after the execution of the agreement if the agreement does not contain a commencement date and the assignee has not begun substantial work on the property.
Contain a provision requiring the assignee to provide a copy of the executed assignment agreement to the insurer within 3 business days after the date on which the assignment agreement is executed or the date on which work begins, whichever is earlier.
Contain a written, itemized, per-unit cost estimate of the services to be performed by the assignee .
Relate only to work to be performed by the assignee for services to protect, repair, restore, or replace a dwelling or structure or to mitigate against further damage to such property.
Contain the following notice in 18-point uppercase and boldfaced type:

YOU ARE AGREEING TO GIVE UP CERTAIN RIGHTS YOU HAVE UNDER YOUR INSURANCE POLICY TO A THIRD PARTY, WHICH MAY RESULT IN LITIGATION AGAINST YOUR INSURER. PLEASE READ AND UNDERSTAND THIS DOCUMENT BEFORE SIGNING IT. YOU HAVE THE RIGHT TO CANCEL THIS AGREEMENT WITHOUT PENALTY WITHIN 14 DAYS AFTER THE DATE THIS AGREEMENT IS EXECUTED, AT LEAST 30 DAYS AFTER THE DATE WORK ON THE PROPERTY IS SCHEDULED TO COMMENCE IF THE ASSIGNEE HAS NOT SUBSTANTIALLY PERFORMED, OR AT LEAST 30 DAYS AFTER THE EXECUTION OF THE AGREEMENT IF THE AGREEMENT DOES NOT CONTAIN A COMMENCEMENT DATE AND THE ASSIGNEE HAS NOT BEGUN SUBSTANTIAL WORK ON THE PROPERTY. HOWEVER, YOU ARE OBLIGATED FOR PAYMENT OF ANY CONTRACTED WORK PERFORMED BEFORE THE AGREEMENT IS RESCINDED. THIS AGREEMENT DOES NOT CHANGE YOUR OBLIGATION TO PERFORM THE DUTIES REQUIRED UNDER YOUR PROPERTY INSURANCE POLICY.

Contain a provision requiring the assignee to indemnify and hold harmless the assignor from all liabilities, damages, losses, and costs, including, but not limited to, attorney fees.

Contractor Duties

Under Florida law, a contractor (or anyone else) receiving rights to a claim under an AOB:

Must provide you with accurate and up-to-date revised estimates of the scope of work to be performed as supplemental or additional repairs are required.
Must perform the work in accordance with accepted industry standards.
May not seek payment from you exceeding the applicable deductible under the policy unless asked the contractor to perform additional work at the your own expense.
Must, as a condition precedent to filing suit under the policy, and, if required by the insurer, submit to examinations under oath and recorded statements conducted by the insurer or the insurer’s representative that are reasonably necessary, based on the scope of the work and the complexity of the claim, which examinations and recorded statements must be limited to matters related to the services provided, the cost of the services, and the assignment agreement.
Must, as a condition precedent to filing suit under the policy, and, if required by the insurer, participate in appraisal or other alternative dispute resolution methods in accordance with the terms of the policy.
If the contractor is making emergency repairs, the assignment of benefits cannot exceed the greater of $3,000 or 1% of your Coverage A limit.

Contractor Insurance Claims

Restoration and remediation professionals.

Often times, when disaster strikes a home or business, restoration and remediation professionals are the first ones on the scene. In an effort to simplify the process for the already burdened home or business owner, many restoration and remediation companies permit the home or business owner to execute an agreement, referred to as an “assignment of benefits,” whereby the restoration/remediation company is permitted to bill the claimant’s insurance company directly.

This arrangement eliminates the need for policyholders to pay the cost of restoration and remediation services up front, and then seek reimbursement of those costs from their insurance company. However, sometimes the insurance company refuses to pay the restoration/remediation company for the full value of the work performed. Even worse, sometimes the insurance company denies the claim altogether. That is where we come in.

At Kuhn Raslavich, P.A., we believe that every business deserves to be paid in full for the services they perform. This is especially true when the provider is coming to the aid of a home or business owner after a fire, water or wind event. If you believe that an insurance company has treated you unfairly, call in your disaster professional. At Kuhn Raslavich, you mitigate, we litigate.

Contractors Guide to post HB 7065 Insurance Claims

House Bill 7065, which created Florida Statute section 627.7152, has caused much confusion and is an ongoing source of concern for restoration and remediation contractors. For many small businesses, the law renders the use of Assignment of Benefits (“AOB”) in Florida impractical. Often, the risks involved with using AOBs far outweigh the benefits. So….what to do?

One option we recommend contractors consider is utilizing certain agreements such as a Contract for Services, a Service Authorization, a Direction to Pay, an Exclusive Right to Repair, Letter of Protection, and Required Statutory Notices. These agreements provide the following protections to the contractor:

Contract for Services: Gives the contractor authority to enter property, conduct a proper investigation and assess the scope of damages.

Direction to Pay : Directs the Insurance carrier to pay the contractor directly.

Exclusive Right to Repair: Gives the contractor an exclusive right to perform the scope of work.

Letter of Protection: Provides certain protections for work done on credit during the pendency of an insurance claim.

Required Statutory Notices: Provisions required by Florida law to be included in construction contracts.

These provisions are designed to protect the contractor as well as the property owner; however, these provisions will NOT constitute an AOB and therefore will NOT allow the contractor to file a lawsuit in its own name as a non-insured to recover from the insurance company directly.

How To Get Paid When the Insurance Company Denies or Underpays the Claim

Without the right to sue an insurer directly, contractors are left with two options when a claim is denied or underpaid:

Try to collect from the property owner directly; or
Refer the property owner to an experienced property insurance attorney who will honor the provisions of the enclosed sample service authorization and protect the contractor’s interests.

At Kuhn Raslavich, P.A., we have over 50 years of combined experience litigating insurance disputes in Florida. In light of the new AOB law, we recommend that all restoration and remediation contractors working on property insurance claims have the appropriate protections in place and refer their clients to qualified property damage attorneys. Contact Kuhn Raslavich today to discuss your business practices and the best way to protect your profits in a post-AOB environment.

NOTE: The agreements referenced above are not intended to provide liability insulation or disclaimers. It is highly recommended that you consult with a licensed member of the Florida Bar prior to implementing any contract into your business practices.

Assignment Of Debt Agreement

Jump to section, what is an assignment of debt agreement.

An assignment of debt agreement is a legal document between a debtor and creditor that outlines the repayment terms. An assignment of debt agreement can be used as an alternative to bankruptcy, but several requirements must be met for it to work.

In addition, if obligations are not met under a debt agreement, it might still be necessary to file for bankruptcy later on. Therefore, consulting with an attorney specializing in debt agreements is always recommended before entering into one of these contracts.

Assignment Of Debt Agreement Sample

Reference : Security Exchange Commission - Edgar Database, EX-10 5 exhibit1024f10qsbmay04.htm EXHIBIT 10.24 , Viewed December 20, 2021, View Source on SEC .

Who Helps With Assignment Of Debt Agreements?

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Post a project in ContractsCounsel's marketplace to get free bids from lawyers to draft, review, or negotiate assignment of debt agreements. All lawyers are vetted by our team and peer reviewed by our customers for you to explore before hiring.

Meet some of our Assignment Of Debt Agreement Lawyers

Erdal Turnacioglu of Erdal Employment Law focuses on providing employment solutions to both employees and businesses, whether through litigation, review of employee handbooks, workplace investigations, or training seminars.

Charlton M.

Charlton Messer helps businesses and their owners with general counsel and contract drafting services. He has helped over 500 businesses with their legal needs across a variety of industries in nearly a decade of practice.

Dan "Dragan" I.

I received a bachelor’s degree in philosophy from Northwestern University in 1996 and then got my JD at University of Illinois College of Law in 1999. I have been a lawyer helping people with legal issues in the United States and Internationally since then. That includes litigation as well as contracts/transactions. I am also passionate about helping small and medium businesses with trademark registration and trademark-related legal projects. The law can be confusing and complicated for people, and I am passionate about providing professional legal services to my clients while simultaneously making the legal process less confusing and stressful for them. My goal is to help clients navigate through both good and difficult times by tailoring my skills, experience, and services to their specific needs. I am currently licensed and authorized to practice before the Illinois courts and the United States District Court for the Northern District of Illinois. Internationally I am one of a select few American attorneys licensed and authorized to practice before the United Nations ICTY/IRMCT, the International Criminal Court, and the State Court of Bosnia-Herzegovina. Clients have retained me internationally alongside local counsel in several European countries, Australia, and Africa in private legal matters. I have also been appointed by the United Nations to represent persons at the ICTY/IRMCT and chosen by indigent accused to represent them. Since 2009 my law firm has handled domestic and international cases, including Trial litigation (including Commercial, Premises Liability, Personal Injury, Criminal Defense, and General Litigation) and Transactional work (Contracts, Corporate formation, and Real Estate Transactions). I enjoy helping less experienced practitioners and students evolve and improve. I served as an instructor/lecturer on Oral Advocacy and Trial Practice for the participants of the ADC-ICT & ICLB Mock Trial since 2014, and have presented Advocacy Training lectures for the ADC-ICT on several topics as well as regularly lecturing to visiting University and Bar groups from around the world. If you or a loved one have a legal matter of importance, let's see if I can help you with it!

Current practice includes: employment law, family law, business law and personal injury.

I have been practicing law exclusively in the areas of business and real estate transactions since joining the profession in 2003. I began my career in the Corporate/Finance department of Sidley's Los Angeles office. I am presently a solo practitioner/freelancer, and service both business- and attorney-clients in those roles.

I am a New Mexico licensed attorney with many years of world experience in real estate, transactional law, social security disability law, immigration law, consumer law, and estate planning.

Brent has been in practice since 2007 and been the principal attorney and owner of The Walker Firm, LLC since 2014. Brent focuses on providing an array of general counsel services to individuals and companies in a variety of industries.

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Assignment of claims

Assignment of claims clause samples

(i)No Assignment of Claims. Neither ACLP, nor any other ACLP Releasor, nor anyone acting on any of their behalves, has ever sold, assigned, transferred, conveyed or otherwise disposed of all or any part of the ACLP Released Claims released thereby hereunder, whether known or unknown.

05/27/2020 (Summit Wireless Technologies, Inc.)

9.No Assignment of Claims. Each set of parties represents and warrants to the other that it has not heretofore assigned or transferred, or purported to assign or transfer to any person or entity any claims that it might have against the other.

09/27/2019 (Green Stream Holdings Inc.)

13. Indemnity Regarding Assignment of Claims. Executive represents and warrants that Executive has not heretofore assigned or transferred, or purported to assign or transfer, to any person, entity, or individual whatsoever any of the released claims. Executive agrees to indemnify and hold harmless the Company and its agents, heirs, executors, and assigns against any claim, demand, debt, obligation, liability, cost, expense, right of action, or cause of action based on, arising out of, or in connection with any such transfer or assignment or purported transfer or assignment.

08/08/2017 (B. Riley Financial, Inc.)

9. No Assignment of Claims. Employee hereby represents and warrants that Employee has not previously assigned or purported to assign or transfer to any person or entity any of the claims or causes of action herein released.

02/02/2017 (InvenSense Inc)

No Assignment of Claims.Casella warrants that he has not transferred to any other person or entity any of the rights or causes of action released in this Agreement.

05/09/2019 (NAVIGATORS GROUP INC)

8. No Assignment of Claims. The Parties each acknowledge and represent that they have not assigned any claim arising out of and/or in connection with the Asset Purchase Agreement and/or Side Letter Agreement Dated May 24, 2018 to any third party prior to the date of this Agreement. The Parties acknowledge and represent that they have not assigned any claim arising out of and/or in connection with the Asset Purchase Agreement and/or Side Letter Agreement Dated May 24, 2018 to any third party prior to the date of this Settlement Agreement.

02/01/2019 (PLAYERS NETWORK)

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Assignment of a Claim for Damages Template

Document description.

This assignment of a claim for damages template has 1 pages and is a MS Word file type listed under our legal agreements documents.

Sample of our assignment of a claim for damages template:

ASSIGNMENT OF A CLAIM FOR DAMAGES This Assignment of a Claim for Damages (the �Assignment�) is made and effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the "Assignor"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [ASSIGNEE NAME] (the "Assignee"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] FOR VALUE RECEIVED, the Assignor hereby sells and transfers to the Assignee and its successors, assigns

FHA publishes policy to expedite HECM assignment claims

The new Mortgagee Letter allows faster payments to mortgagees who assign their HECM loans to HUD

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The Federal Housing Administration (FHA) published on Wednesday Mortgagee Letter (ML) 2023-10 , which is designed to expedite the processing of assignment claims for Home Equity Conversion Mortgage (HECM) loans. It also allows for the earlier submission of preliminary title approval with fewer documents.

ML 2023-10 lowers the maximum claim amount (MCA) required to submit a HECM assignment claim to 97% and allows mortgagees to submit a loan’s note and security instrument with an assignment claim application.

It also extends the time frame for delivery of assignments of the mortgage to HUD from six to 12 months for HECMs with FHA case numbers assigned before September 19, 2017. This change makes the assignment delivery time frame the same for all HECMs.

Efficiency and liquidity

“Combined, these changes will reduce the time between a loan’s eligibility for assignment to HUD and the payment of claim funds to the mortgagee,” HUD said in an announcement about the new ML.

This should serve to create additional efficiencies in the program, according to the announcement.

“Under previous policy, mortgagees could only submit the required information and documentation when the HECM reached 97.5% of the MCA,” the FHA said. “In addition, FHA will now allow mortgagees to submit original notes and mortgages after assignment claim payment rather than before, as previous policy required. By allowing earlier claim submission and by making document submission more flexible, FHA expects to shorten the time between the HECM reaching 98% of MCA and FHA paying the mortgagee for the claim.”

The changes are being made in consideration of the current HECM lending environment, according to language in the ML.

“In consideration of recent market conditions that have impacted the HECM program, the [FHA] is making program enhancements to improve market stability and reaffirm its commitment to the senior citizen population that is served by the HECM program,” ML 2023-10 reads.

Other ML measures are specifically designed to address liquidity challenges, the FHA explained.

“In eliminating one cause of delay between assignment claim eligibility and application completion, FHA will increase its capacity to efficiently pay claims to HECM Mortgagees, with the intent of improving market liquidity,” the ML states. “Improving market liquidity reduces the risk of noncompliance with FHA requirements regarding Mortgagees’ disbursements to borrowers and improves the fiscal safety and soundness of the HECM program.”

Stakeholder input

The changes implemented in ML 2023-10 come after HUD published a draft version of the ML in early April, which was designed to change the criteria for HECM assignment claim type 22 (CT-22). That claim type allows a HECM servicer to assign a mortgage in good standing with the FHA in exchange for a loan balance payment of up to the full MCA.

The new ML was crafted with input from the reverse mortgage industry and other stakeholders that was gathered during a public comment period ending on April 11.

“The Home Equity Conversion Mortgage program is an important resource for the nation’s senior homeowners who wish to age in place,” said FHA Commissioner Julia Gordon in a statement. “Today’s changes simplify processes and pay mortgagee claims more quickly, providing meaningful relief to program participants as they navigate the unique challenges of today’s economic environment.”

The new ML makes no changes to the required documentation for a CT-22, nor does it change any requirements for Mortgagee Optional Election (MOE) assignments. The provisions of the new ML are effective immediately, according to HUD.

CT-22 is an option that allows HECM lenders to assign a reverse mortgage to the FHA in exchange for a claim payment up to the MCA. A HECM loan is eligible for assignment to HUD when the lender and the borrower are in compliance with all assignment claim requirements, including a HECM loan balance of at or above 98%, and is not in due-and-payable status.

“Once a HECM is assigned to HUD, HUD becomes the mortgage holder and will perform the servicing duties for the remaining duration of the HECM loan term,” HUD said in its announcement.

Federal Housing Administration
U.S. Department of Housing and Urban Development

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Trial By Error: Another Letter Seeking Correction of Bogus “Clinically Effective” Claims from REGAIN Trial

By David Tuller, DrPH

Last month, I sent a letter to Dr Abbasi, the editor-in-chief of The BMJ , about an egregious and arguably fraudulent claim in the REGAIN trial—an investigation of a Long Covid physical and mental health rehabilitation program. Several other experts co-signed the letter.

The journal asked us to send in a rapid response. We declined , on the grounds that the journal had already ignored a rapid response making a similar point, which had been posted weeks before. Moreover, we were not interested in debating the issue. The facts were the facts. We considered it the journal’s and the authors’ responsibility to correct the paper.

Of course, nothing has happened since. So earlier today I sent the letter again, this time with two dozen signatories.

I should make clear that I am not at all surprised, given my previous experience with Dr Abbasi and his flawed decision-making. Before his current position, he was the editor of the Journal of the Royal Society of Medicine . During his tenure, the journal published a piece of crap whose authors included Professor Trudie Chalder and Professor Sir Simon Wessely, a one-time president of the royal society. In that case, the paper made causal claims about clinical outcomes while disavowing the possibility of making causal claims from the available data set. As with the REGAIN trial report, the authors contradicted themselves.

Brian Hughes, a professor of psychology at the Univesity of Galway, and I wrote to the journal seeking a correction. Dr Abbasi rejected our request. We ended up publishing a critique of the paper in the Journal of Health Psychology . Everyone can make stupid mistakes. Failing to correct them constitutes research misconduct—or, in this case, the editorial variety. To stand behind clear misstatements, as Dr Abbasi did in that instance and is doing now with REGAIN, means the papers themselves can only be called deceitful and fraudulent.

That this deceitfulness and fraudulence is occurring at the highest levels of UK academic medicine is shocking—or perhaps it is more accurate to say it should be. In this domain, very little shocks me anymore. That doesn’t make the behavior any less creepy. But at this point in time, no one should be surprised by anything Trump does. (Oops–I mean Dr Abbasi and other sycophantic supporters of the CBT-and-exercise ideological brigades. Apologies to former president Trump!!)

Dear Dr Abbasi:

In February, The BMJ published “Clinical effectiveness of an online supervised group physical and mental health rehabilitation programme for adults with post-covid-19 condition (REGAIN study): multicentre randomised controlled trial,” by McGregor et al [1]. In the trial, 585 patients experiencing prolonged symptoms after having been hospitalized for covid-19 were assigned to either an eight-week intervention, consisting of more than ten one-hour online sessions, or to “usual care,” consisting of one half-hour online consultation.

The trial was unblinded and relied solely on subjective outcomes—a study design guaranteed to generate an unknown amount of bias. The primary outcome, health-related quality of life at three months, was assessed with the preference score (PROPr) derived from the Patient-Reported Outcomes Measurement Information System (PROMIS) [2]. While no biomarkers are available for “post-covid-19 condition,” the authors could have chosen to include among their secondary outcomes one or more objective measures of function, such as the six-minute walking test, step-test for fitness, actigraphy to assess distance moved, or employment status.

Given the bias inherent in the study design, it is surprising that the findings for the primary outcome were nonetheless so poor that the authors apparently felt compelled to misrepresent them. In the main intention-to-treat analysis, the authors report a mean difference in PROPr scores between the intervention and usual-care arms of 0.03 at both three months and 12 months. (The latter was a secondary outcome.) In the abstract’s conclusion, the authors state that the intervention was “clinically effective at improving health related quality of life at three and 12 months compared with usual care” in “adults with post-covid-19 condition.”

To begin with, it is inappropriate for the authors to extrapolate findings from patients who were hospitalized with covid-19 to the much larger number of patients with prolonged symptoms who were not hospitalized. Beyond that serious error of interpretation, the reported difference of 0.03 in PROPr scores between the two groups does not support the assertion that the intervention was “clinically effective.”

In the description of PROPr in the methods section, the authors note that “as with other preference based measures such as the EuroQol 5 dimension 5 level (EQ-5D-5L) instrument, a difference of 0.03 to 0.05 is considered to be clinically important.” However, the reference for this statement, an official “frequently-asked-questions” (FAQ) page for the PROMIS measures being used in the study, explicitly contradicts the authors’ claim that “a difference of 0.03 to 0.05 is considered to be clinically important” for PROPr [3].

Here is the explanation from the FAQ cited by the authors:

“The minimally important difference for PROPr has not been formally evaluated, but we currently recommend using 0.04. Most preference-based measures have minimally important difference thresholds between 0.03 and 0.05. Current work-in-progress suggests a minimally important difference of 0.04 would be appropriate, although a conservative estimate of 0.08 (half of a standard deviation in the PROPr dataset) could also be used.”

In other words, the authors’ assertion in the methods section that the accepted threshold for a “clinically important” or “minimally important” difference for PROPr is the same as for other preference-based measures is categorically false [4, 5]. In the article’s discussion section, the authors acknowledge as much but then provide an irrelevant rationale for having claimed clinical effectiveness anyway.

As they write: “Research completed since we started this study suggests a minimally important difference of 0.04 on the PROPr score between groups. Our observed differences of 0.03 (95% confidence interval 0.01 to 0.05) at three months and 0.03 (0.01 to 0.06) at 12 months are smaller than this suggestion. However, the complier average causal effect analysis showed a larger effect of 0.05 (0.01 to 0.09) at three months and 0.06 (0.01 to 0.10) at 12 months, suggesting that the true effect, in those fully complying with the intervention, might exceed this threshold.”

This argument is unsustainable. The authors cannot legitimately claim clinical effectiveness for their overall findings if this claim only applies to a more fully compliant subset of their sample and is not borne out by the main analysis. The paper—and in particular the abstract’s conclusion that the intervention was “clinically effective” for health-related quality of life—must be corrected to reflect that the primary outcome results did not meet the currently recommended threshold for “clinically important” or “minimally important” difference for the measure in question. (I have cc’d the co-signatories and the lead trial investigator.)

David Tuller (corresponding author) Center for Global Public Health University of California, Berkeley Berkeley, California, USA [email protected]

Nicola Clague-Baker School of Health Sciences University of Liverpool Liverpool, England, UK

Svetlana Blitshteyn Dysautonomia Clinic Buffalo, New York, USA

Todd Davenport Department of Physical Therapy University of the Pacific Stockton, California, USA

David Davies-Payne Department of Radiology Starship Children’s Hospital Auckland, New Zealand

Jonathan Edwards Department of Medicine University College London London, England, UK

Andrew Ewing Department of Chemistry and Molecular Biology University of Gothenburg Gothenburg, Sweden

Mark Faghy Human Sciences Research Centre University of Derby Derby, England, UK

Keith Geraghty Centre for Primary Care and Health Services Research University of Manchester Manchester, England, UK

Cori Hayden Department of Anthropology University of California, Berkeley, USA

Calliope Hollingue Department of Mental Health Johns Hopkins Bloomberg School of Public Health Baltimore, Maryland, USA

Mady Hornig Department of Epidemiology Columbia University Mailman School of Public Health New York, New York, USA

Brian Hughes School of Psychology University of Galway Galway, Ireland

Leonard Jason Center for Community Research DePaul University Chicago, Illinois, USA

David Joffe Respiratory and Sleep Medicine Royal North Shore Hospital Sydney, Australia

Binita Kane Respiratory Medicine Manchester University NHS Foundation Trust Manchester, England, UK

Douglas Kell Institute of Systems, Molecular and Integrative Biology University of Liverpool Liverpool, England, UK

Asad Khan North West Lung Centre Manchester University Hospitals Manchester, England, UK

Resia Pretorius Department of Physiological Sciences Stellenbosch University Stellenbosch, South Africa

David Putrino Department of Rehabilitation and Human Performance Icahn School of Medicine at Mt Sinai New York, New York, USA

Charles Shepherd ME Association Gawcutt, England, UK

Michael Stingl Neurology Department Votivpark Specialist Medical Center Vienna, Austria

John Swartzberg Division of Infectious Diseases and Vaccinology School of Public Health University of California, Berkeley Berkeley, California, USA

Susan Taylor-Brown Department of Pediatrics, Developmental & Behavioral Pediatrics University of Rochester Medical Center Rochester, New York, USA

1. McGregor G, Sandhu H, Bruce J, et al. Clinical effectiveness of an online supervised group physical and mental health rehabilitation programme for adults with post-covid-19 condition (REGAIN study): multicentre randomised controlled trial. BMJ 2024;384;e076506

2. Dewitt B, Jalal H, Hanmer J. Computing PROPr Utility Scores for PROMIS® Profile Instruments. Value Health 2020;23:370-8

3. PROPr: The PROMIS-Preference Score. What is this minimally important difference for PROPr? https://www.proprscore.com/faqs/ ; 2023

4. ME/CFS Skeptic. Thread: Clinical effectiveness of an online group physical & mental health rehab programme for post-covid-19 condition REGAIN study, 2024, McGregor+. Science for ME [Internet]; 9 Feb 2024; #23. Accessed at: https://www.s4me.info/threads/clinical-effectiveness-of-an-online-group-physical-mental-health-rehab-programme-for-post-covid-19-condition-regain-study-2024-mcgregor.37174/page-2#post-514588

5. Louise S. Rapid Response: Re: Clinical effectiveness of an online supervised group physical and mental health rehabilitation programme for adults with post-covid-19 condition (REGAIN study): multicentre randomised controlled trial — Conclusions are concerning. BMJ ; 13 Feb 2024. Accessed at: https://www.bmj.com/content/384/bmj-2023-076506/rr

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Posts Make Unsupported Claim About Trump Donation for Slain Officer

By Alan Jaffe

Posted on April 3, 2024

Para leer en español, vea esta traducción de Google Translate.

Former President Donald Trump attended the wake for slain New York City Police Officer Jonathan Diller and met with his family. But social media posts make the unsupported claim that Trump paid off the family’s mortgage. A nonprofit announced it would pay the mortgage and told a news outlet it had no contact with Trump about the Diller mortgage.

Former President Donald Trump attended the March 28 wake for New York City Police Officer Jonathan Diller, who was shot to death while approaching an illegally parked car in Queens. One of the men in the car, Guy Rivera, of Queens, has been charged with first-degree murder of a police officer, attempted murder and criminal possession of a weapon.

Trump also met with Diller’s widow and 1-year-old son at the wake, the New York Times reported.

According to NBC News, after the wake on Long Island, Trump talked to reporters about violent crime and said, “We have to get back to law and order. We have to do a lot of things differently because this is not working. This is happening too often.”

(Trump’s comments about violent crime don’t reflect recent murder statistics in New York City. The number of murders citywide dropped 10.7% from 2022 to 2023. The number of murders in 2023 was also down 16.4% compared with 2020, the last year Trump was in office. This year, murders are down 17.2% , as of March 31, compared with the same time period last year.)

While Trump did honor Diller and his family by attending the wake, social media posts are making an unfounded claim that Trump provided financial support for the officer’s family.

“President Trump quietly paid off slain NYPD officer’s mortgage all while Democratic Presidents were attending a woke fundraiser,” reads the text on a March 31 Instagram post . (President Joe Biden attended an event in New York City on March 28 with former presidents Barack Obama and Bill Clinton that raised $26 million for Biden’s reelection campaign.)

In a video on the Instagram post, David Zere, a host on Real America’s Voice, is seen reporting from outside the Long Island funeral home. Zere says, “ Trump’s inside the funeral home right now. … But the story here is that, you know, Trump gave a donation to Tunnel to Towers. [I] believe he paid off the mortgage for this family through Tunnels to Towers and had a phone call with the family.”

A March 27 Facebook post , from a person who frequently publishes posts critical of Biden, expounds on Trump’s purported gift to the Diller family. Citing information received from “NCPD Robbery Squad guys,” the post says, “My neighbor is a funeral director and is doing the wake for the NYPD cop who was killed yesterday. He met with the widow and the Department this morning. While she was in his office, Pat Hendry the PBA president says excuse me, she has to take this call. It was Donald Trump. A few minutes after that she got a call from the head of Tunnel to Towers, they are paying her mortgage off.” The post continues, “Donnie T donated all the $ to cover the entire mortgage.”

But we could find no media reports or evidence that Trump paid for the Dillers’ mortgage, and Trump has not said he made such a donation.

The Tunnel to Towers Foundation — an organization that “pays off the mortgages for the families of law enforcement officers and firefighters who are killed in the line of duty, pass away from 9/11-related illnesses, and leave behind young children” — issued a press release on March 28 saying that the foundation was covering the mortgage for the Diller home. The press release makes no mention of Trump.

“The Tunnel to Towers Foundation has made a promise to pay off the mortgage on the Massapequa Park, Long Island home of NYPD Officer Jonathan Diller,” the release said.

Foundation chairman Frank Siller said in the release, “Every day Officer Diller donned his uniform, there was a risk he may not come home. We will honor Officer Diller not only for his sacrifice but for his unwavering resolve to protect the people of New York City by ensuring his family can stay in their home, forever.”

In response to the social media claims that Trump paid for the Dillers’ mortgage, the news website Greater Long Island reported a Tunnel to Towers spokesperson “said the foundation has not been in touch with President Trump or his team on this matter.”

Also, Zere, of Real America’s Voice, posted on X on March 28, “I may have been mistaken about Trump donating the money to Tunnel and Towers for the Diller family. I had several people approach me this was the case. I apologize if I reported misinformation.” On a March 30 post on X, Zere said, “I retracted the story a few hours later….I did not originate this…i reached out to Tunnels to Towers and apologized.”

CBS News reported that the Promise of Hope Foundation paid for Diller’s funeral costs, and the tip line COP-SHOT donated $10,000 for education expenses for his son.

This year, 10 police officers, including Diller, have been killed by gunfire in the U.S., according to the nonprofit Officer Down Memorial Page.

We reached out to the Tunnel to Towers Foundation and to the Trump campaign for comment on the claim made in the social media posts, but we didn’t receive a response from either.

Editor’s note: FactCheck.org is one of several organizations working with Facebook to debunk misinformation shared on social media. Our previous stories can be found here . Facebook has no control over our editorial content.

CBS News. “Tunnel to Towers will pay off NYPD Officer Jonathan Diller’s mortgage on Long Island home.” 28 Mar 2024.

Esposito, Nick. “Tunnel to Towers to pay off mortgage of slain NYPD officer Jonathan Diller.” Greater Long Island. 28 Mar 2024.

Gold, Michael. “Trump, Attending Wake of N.Y.P.D. Officer, Pushes Campaign Message on Crime.” New York Times. 28 Mar 2024.

Gusoff, Carolyn and Ali Bauman. “NYPD Officer Jonathan Diller’s alleged killer charged with first-degree murder of police officer.” CBS News. 29 Mar 2024.

Hauari, Gabe. “Man in custody after fatal shooting of NYPD officer during traffic stop: Reports.” USA Today. 27 Mar 2024.

Lebowitz, Megan and Rebecca Shabad. “Trump attends wake for fallen NYPD officer as he ramps up rhetoric on crime.” NBC News. 28 Mar 2024.

Megerian, Chris and Colleen Long. “Obama, Clinton and big-name entertainers help Biden raise a record $26 million for his reelection.” Associated Press. 29 Mar 2024.

Nyc.gov. Seven Major Felony Offenses. 15 Jan 2024.

New York City Police Department. Citywide Crime Statistics. Accessed 2 Apr 2024.

Officer Down Memorial Page. “Honoring Officers Killed in 2024.” Accessed 2 Apr 2024.

Police Department, City of New York. CompStat Report Covering the Week 3/25/2024 Through 3/31/2024.

Tunnels to Towers Foundation. Mortgage Payoff. t2t.org. Accessed 2 Apr 2024.

Tunnels to Towers Foundation. Press release. “Tunnel to Towers Foundation Stands With Slain NYPD Officer Jonathan Diller’s Family.” 28 Mar 2024.

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Sensible Ways to Fight Terrorism

More from our inbox:, the quake, as felt in manhattan, r.f.k. jr.’s claim of ‘censorship’, obstacles to liberalism, prioritizing and valuing care jobs.

A long-exposure photo of crowds of people walking past a pile of bouquets of flowers.

To the Editor:

Re “ The West Still Hasn’t Figured Out How to Beat ISIS ,” by Christopher P. Costa and Colin P. Clarke (Opinion guest essay, April 1):

Two clear lessons have emerged in the decade since ISIS exploded on the world scene. First, as the authors note, pulling all U.S. troops and intelligence assets from fragile conflict zones is a boon to globalized terror movements. Despite political promises, the full U.S. withdrawal from Iraq in 2011 and Afghanistan in 2021 did not “end” those wars; it transformed them into more complex and potentially more deadly challenges.

Second, we must reckon with the underlying grievances that make violent anti-Western ideologies, including militant jihadism, attractive to so many in the first place. These include the ill effects of globalization, and a “rules-based” world order increasingly insensitive to the needs of developing countries and regions.

Simply maintaining a military or intelligence presence in terror hot spots does nothing to reduce the sticky recruiting power of militant movements. Unless the United States and its allies and partners begin offering tangible policies that counter jihadi ideology and propaganda, we will just continue attacking the symptoms, not the causes.

Stuart Gottlieb New York The writer teaches American foreign policy and international security at Columbia University.

The Islamic State’s territorial caliphate in Iraq and Syria may have been eliminated years ago, but as Christopher P. Costa and Colin P. Clarke write, the terrorist group itself is very much in business. ISIS-K, its branch in Afghanistan, has conducted two large-scale external attacks over the last two months — one in Iran that killed more than 80 people and another near Moscow that took the lives of more than 130.

If the United States and its allies haven’t found a way to defeat ISIS-K in its entirety, it’s because terrorism itself is an enemy that can’t be defeated in the traditional sense of the term. This is why the war on terror framework, initiated under the George W. Bush administration immediately after the 9/11 attacks, was such poor terminology. Terrorism is going to be with us for as long as humanity exists.

Viewed this way, terrorism is a conflict management problem, not one that can be solved. While this may sound defeatist to many, it’s also the coldhearted truth. Assuming otherwise risks enacting policies, like invading whole countries (Iraq and Afghanistan), that are likely to create even more anti-U.S. terrorism than we started with.

Of course, all countries should remain vigilant. Terrorism will continue to be a part of the threat environment. The U.S. intelligence community must ensure that its counterterrorism infrastructure is well resourced and continues to focus on areas, like Afghanistan, where the U.S. no longer has a troop presence. But for the U.S., a big part of the solution is keeping our ambitions realistic and prioritizing among terrorist threats lest the system gets overloaded or pulled in too many directions at once.

While all terrorism is tragic, not all terrorist groups are created equal. Local and even regional groups with local objectives aren’t as important to the U.S. as groups that have transnational aims and the capabilities to strike U.S. targets. This, combined with keeping a cool head instead of trafficking in threat inflation, is key to a successful response.

Daniel R. DePetris New Rochelle, N.Y. The writer is a fellow at Defense Priorities, a foreign policy think tank in Washington.

Re “ Earthquake Rattles Northeast, but Little Damage Is Reported ” (live updates, nytimes.com, April 5):

I’m lying in bed Friday morning, on 14th Street in Manhattan. Suddenly I feel and see the bed start to shake!

My first thought — OMG, I’m in “The Exorcist.” Then an alert on my phone tells me that it’s an earthquake in New York City.

Frankly, I’m not sure which one scared me more.

Steven Doloff New York

Re “ Kennedy Calls Biden Bigger Threat to Democracy Than Trump ” (news article, April 3):

Robert F. Kennedy Jr.’s concern about the Biden administration’s “censorship” of misinformation might be viewed as legitimate if the American public demonstrated more responsibility about fact-checking what they see and hear on social media and other information platforms masquerading as legitimate sources of news.

Sadly, many in this country, and indeed the world, have abdicated responsibility for being factually informed about current events. As long as bad actors have unfettered access to social media platforms, it will be necessary to “censor” the misinformation they claim as fact. The world has become the proverbial crowded theater where one cannot yell “fire.”

Helen Ogden Pacific Grove, Calif.

Re “ The Great Struggle for Liberalism ,” by David Brooks (column, March 29):

In face of growing populism at home and abroad, Mr. Brooks issues a cri de coeur on behalf of liberal democracy and democratic capitalism, which provide the means to a “richer, fuller and more dynamic life.”

His impassioned plea for “we the people” of these United States to experience a sense of common purpose, to build a society in which culture is celebrated and families thrive, is made despite existential challenges to American liberalism:

1) We do not share an overarching belief in who we are as a people, as a nation.

2) Trust in our three branches of government, in checks and balances, is broken amid warring partisanship.

3) There is, for many, as Mr. Brooks notes, an “absence of meaning, belonging and recognition” that drives a tilt to authoritarianism in search of the restoration of “cultural, moral and civic stability” by any means necessary.

The ballot box in a free and open society allows for choice, and there are those who, in exercising their right to vote, would choose to cancel the aspirational hopes of the preamble to our Constitution.

David Brooks sees the full measure of the choices facing America and the world in 2024. Do we?

Michael Katz Washington

Re “ New Ways to Bring Wealth to Nations ,” by Patricia Cohen (news analysis, Business, April 4):

Ms. Cohen is right to argue that the service sector will be the key to economic growth in the future. However, it’s essential to consider what service jobs are — and who will be doing them.

Of course, the service industry includes office workers in tech hubs like Bengaluru, as highlighted by Ms. Cohen. Currently, these jobs are held predominantly by men, so to spur inclusive growth, employers and governments must make sure women have equal access.

But the service sector also includes hundreds of millions of people — mostly women — who are teachers and who care for children, older people and those with disabilities and illnesses. To seize the opportunity ahead, governments must position care jobs as careers of the future for women and men, alongside tech jobs. This requires making sure these positions provide good pay and working conditions.

If the goal is sustainable growth, the best approach leverages the critical care sector to generate income in the short run and prepare healthy, well-educated young people, which maintains progress in the long run.

Anita Zaidi Seattle The writer is president of the Bill & Melinda Gates Foundation’s Gender Equality Division.

Letter to the editor: Trump isn’t about law and order

I’m furious. I spent 30 years in law enforcement. I’ve voted Republican, I’ve voted Democrat. I’m all for law and order. And then comes Donald Trump, who claims, among this thousands of other lies, that he’s the Law and Order President. Who, as he left office, pardoned numerous criminals convicted by his own justice department for crimes they committed prior to and during his administration, including Michael Flynn, Roger Stone, Paul Manafort and Steve Bannon.

On Jan. 6, 2021, he urged his supporters to go the Capitol and “fight like hell,” and they did, breaching and desecrating the hallowed halls of American democracy, injuring over 100 Capitol police officers in a brutal attack. Nearly 1,200 individuals have been charged with crimes for their action that day and almost 500 of them have been convicted of crimes including assault on a federal officer.

Trump calls them “patriots” and “hostages” and promises to pardon them on his first day in office. Tell that to the face of the officer who lost the tip of his right index finger. Others were smashed in the head with baseball bats, flag poles and pipes. Many were doused with bear spray, struck with fire extinguishers, crushed in doorways. Brian Sicknick died as a result. Others later committed suicide.

Then, in a blatant show of political grandstanding, he has the audacity to attend the wake of a New York City policeman who died in the line of duty. Shame on him for his obvious hypocrisy, and shame on the policemen who embraced him for his pompous showmanship.

Dennis DeCuir, Camarillo

DOJ engaged in conflicts of interest, helping Hunter Biden defense, whistleblowers’ attorney claims

A n attorney for two IRS whistleblowers who alleged a Justice Department cover-up in the tax investigation of Hunter Biden accused Attorney General Merrick Garland Thursday of allowing conflicts of interests that have led to alleged retaliation against his clients — and prosecutors aiding the president’s son in criminal cases.

In a letter obtained by The Post, Empower Oversight president Tristan Leavitt demanded Garland “put a stop” to any retaliation against the IRS agents and eliminate conflicts of interest related to cases involving the first son.

“On issues related to the whistleblowers, Department attorneys and Hunter Biden’s attorneys are simply not adversarial in these cases,” Leavitt said. “They are acting as if they are on the same side.”

“These conflicts demand your immediate attention,” he added. “The public deserves to know whether and to what extent you have done your duty to mitigate these conflicts of interest and to ensure that the Department stops whistleblower retaliation rather than actively participating in it.”

Leavitt added that he has never been told whether his clients — IRS supervisory special agent Gary Shapley and special agent Joseph Ziegler — are the subject of a federal investigation despite their conduct being lawful.

Hunter Biden defense attorney Abbe Lowell has repeatedly accused the whistleblowers of potential misconduct after they disclosed details about his client’s tax filings to Congress — an act protected by federal whistleblowing statutes.

The first son’s former defense lawyer, Christopher Clark, also requested a DOJ investigation into the whistleblowers, calling the IRS disclosures to lawmakers and the media a “clear-cut crime.”

Shapley and Ziegler made the protected disclosures to the House Ways and Means Committee last year before the implosion of Hunter’s probation-only plea deal on tax and gun charges in Delaware.

The committee voted to release those interviews and the two later publicly testified that the DOJ blocked them from taking certain investigative steps, including interviewing witnesses and accessing evidence from the first son’s abandoned laptop, during their five-year tax probe of the president’s son.

Shapley and Ziegler also accused federal prosecutors in the office of Delaware US Attorney David Weiss of tipping off Hunter’s defense team about a planned search of his storage locker — and claimed Garland had lied in sworn congressional testimony about Weiss’ ability to bring charges against the first son.

Garland elevated Weiss to special counsel status Aug. 11, weeks after the “sweetheart” plea deal, as critics called it, collapsed in a Delaware federal courtroom .

Weiss went on to indict Hunter, now 54, in Wilmington for lying about his crack cocaine addiction on a federal gun-purchasing form , and in Los Angeles for evading $1.4 million in tax payments and falsifying IRS filings between 2016 and 2019.

Shapley and Ziegler filed a whistleblower retaliation complaint with the US Office of Special Counsel against Weiss days after being removed from the tax case last year, one of many related potential conflicts of interest, given Weiss’ alleged “preferential treatment involving Mr. Biden,” according to Leavitt.

Leavitt also noted in his letter that IRS agents blew the whistle on DOJ officials intimately involved in both cases, as well as in a separate lawsuit Hunter’s attorneys filed against the IRS for alleged improper leaks of his tax information.

The Justice Department has “bizarrely” excluded in case filings the federal laws that protect whistleblowers from prosecution for disclosing tax information, Leavitt added, in a seeming attempt to stick it to IRS agents by suggesting their conduct was improper.

“[T]he Department pretends this critical portion of the taxpayer privacy law doesn’t exist and conspicuously avoids citing or relying on it in relevant filings—even though it would be helpful to the Government’s position,” the Empower boss said.

Weiss’ team in recent filings referenced “multiple IRS communications” that the Office of Special Counsel, which investigates retaliation against federal employees, ordered the prosecutor to retract “given their failure to comply with whistleblower protection laws.”

But his prosecutors did request redactions in a filing about a “potential ongoing investigation” allegedly related to the IRS whistleblowers, House impeachment leaders revealed in a letter earlier this week.

The IRS civil suit also poses conflicts of interest, since it is “being led by two attorneys from the Department’s Tax Division—one of the very offices about which [Supervisory Special Agent] Shapley and [Special Agent] Ziegler made protected disclosures to Congress about the slow-walking of the case against the President’s son,” Leavitt said.

“The Department’s behavior raises the prospect that the Department may fail to zealously defend the Government’s interests in this lawsuit, simply out of a desire to see critics of the President’s son punished,” he added.

The Justice Department declined to comment.

DOJ engaged in conflicts of interest, helping Hunter Biden defense, whistleblowers’ attorney claims

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Execution of the Assignment Agreement. Both the assignor and assignee should sign the assignment agreement. Signatures should be notarized if required by the contract or local laws. Notice to the Other Party. Provide notice of the assignment to the non-assigning party. This can be done formally through a letter or as specified in the contract.
Assignment of Rights Agreement: Everything You Need to Know
An assignment of rights agreement refers to a situation in which one party, known as the assignor, shifts contract rights to another party. The party taking on the rights is known as the assignee. An Assignment of Rights Agreement. The following is an example of an assignment of rights agreement. Dave decides to buy a bicycle from John for $100 ...
How do I assign a claim or cause of action?
Note: in this Practice Note, we refer to the assignment of both causes of action and claims. ... Letter of claim—contractual debt claim. Letter of claim—contractual debt claim[On the headed notepaper of the creditor's solicitors]FAO [Insert name of the debtor's solicitors][Address line 1][Address line 2][Postcode][Date]Dear [insert name ...
Assignment of a claim or cause of action
This note explains how a claim or cause of action may be assigned, whether by legal assignment or equitable assignment. It sets out the situations in which an assignment may be effected, including assignment in the context of an administration, liquidation or bankruptcy. The note provides guidance on drafting an assignment as well as the practical considerations, such as the recovery of costs.
Assigning a contract
A Letter of assignment can be used to affect the assignment and is signed by the outgoing party and the incoming party. It contains special provisions to transfer all of the rights and benefits under the contract to the incoming party. However, in practice, the assignor will usually subcontract, or delegate, their obligations under the contract ...
What Is an Assignment of Claims?
Last Modified Date: February 26, 2024. An assignment of claims is a legal and financial process that allows one party to transfer or "assign" a claim to someone else, provided that the other party is in full knowledge of the assignment and agrees to it. In this process, the party that transfers the claim is called the assignor, and the ...
Contract Assignment Agreement Template: Free & Ready to Fill Out
A contract assignment agreement is a binding document between two parties that sets out the terms of the assignment of a contract. It is typically used when one party wishes to assign their rights, responsibilities, obligations, and benefits under a contract to another party. Use this contract assignment agreement template to create a binding ...
In what circumstances can you assign a claim or cause of action?
Note: in this Practice Note, we refer to the assignment of both causes of action and claims. ... Letter of claim—contractual debt claim. Letter of claim—contractual debt claim[On the headed notepaper of the creditor's solicitors]FAO [Insert name of the debtor's solicitors][Address line 1][Address line 2][Postcode][Date]Dear [insert name ...
Assigning debts and other contractual claims
Assigning debts and other contractual claims - not as easy as first thought. Harking back to law school, we had a thirst for new black letter law. Section 136 of the Law of the Property Act 1925 kindly obliged. This lays down the conditions which need to be satisfied for an effective legal assignment of a chose in action (such as a debt).
Subpart 32.8
32.802 Conditions. Under the Assignment of Claims Act, a contractor may assign moneys due or to become due under a contract if all the following conditions are met: (a) The contract specifies payments aggregating $1,000 or more. (b) The assignment is made to a bank, trust company, or other financing institution, including any Federal lending ...
31 U.S. Code § 3727
31 U.S. Code § 3727 - Assignments of claims. a transfer or assignment of any part of a claim against the United States Government or of an interest in the claim; or. the authorization to receive payment for any part of the claim. An assignment may be made only after a claim is allowed, the amount of the claim is decided, and a warrant for ...
Assignment of Benefits: What It Is, and How It Can Affect your ...
What is an Assignment of Benefits? In the context of insured property claims, an assignment of benefits (AOB) is an agreement between you and a contractor in which you give the contractor your right to insurance payments for a specific scope of work.In exchange, the contractor agrees that it will not seek payment from you for that scope of work, except for the amount of any applicable deductible.
Contractor Insurance Claims
At Kuhn Raslavich, P.A., we believe that every business deserves to be paid in full for the services they perform. This is especially true when the provider is coming to the aid of a home or business owner after a fire, water or wind event. If you believe that an insurance company has treated you unfairly, call in your disaster professional.
Free Assignment Agreement Forms (12)
The Assignor is granting the Assignment as a gift to the Assignee. ☐ - Other. [DESCRIBE] IV. LIABILITIES. The Assignor hereby claims and warranties to hold the interest described in the Assignment and that the: (check one) ☐ - Assignment is Free of Liens, Claims, or Encumbrances. The Assignor is transferring an interest in the ...
Assignment Of Debt Agreement: Definition & Sample
An assignment of debt agreement is a legal document between a debtor and creditor that outlines the repayment terms. An assignment of debt agreement can be used as an alternative to bankruptcy, but several requirements must be met for it to work. In addition, if obligations are not met under a debt agreement, it might still be necessary to file ...
Examples of assignment of claims clauses in contracts
8. No Assignment of Claims. The Parties each acknowledge and represent that they have not assigned any claim arising out of and/or in connection with the Asset Purchase Agreement and/or Side Letter Agreement Dated May 24, 2018 to any third party prior to the date of this Agreement.
Assignment of a Claim for Damages Template
Business in a Box templates are used by over 250,000 companies in United States, Canada, United Kingdom, Australia, South Africa and 190 countries worldwide. Quickly create your Assignment of a Claim for Damages Template - Download Word Template. Get 3,000+ templates to start, plan, organize, manage, finance and grow your business.
FHA publishes policy to expedite HECM assignment claims
The Federal Housing Administration (FHA) published on Wednesday Mortgagee Letter (ML) 2023-10, which is designed to expedite the processing of assignment claims for Home Equity Conversion Mortgage ...
How to Write a Claim Letter (Examples and Templates)
Here's what to incorporate: Statement of Intent: Start with a clear statement that you are making a claim. This sets the tone and purpose of your letter right from the beginning. Identifying Information: Include any relevant policy numbers, product identifiers, or transaction details.
CIA, House Republicans at Odds over Whistleblower Claim Involving
The CIA is disputing a whistleblower allegation raised by House Republicans accusing the agency of obstructing DOJ and IRS investigators from interviewing Hunter Biden's patron Kevin Morris.
Trial By Error: Another Letter Seeking Correction of Bogus "Clinically
By David Tuller, DrPH. Last month, I sent a letter to Dr Abbasi, the editor-in-chief of The BMJ, about an egregious and arguably fraudulent claim in the REGAIN trial—an investigation of a Long Covid physical and mental health rehabilitation program.Several other experts co-signed the letter. The journal asked us to send in a rapid response. We declined, on the grounds that the journal had ...
Posts Make Unsupported Claim About Trump Donation for Slain Officer
Former President Donald Trump attended the wake for slain New York City Police Officer Jonathan Diller and met with his family. But social media posts make the unsupported claim that Trump paid ...
'The allegation is false': CIA debunks GOP's Hunter Biden witness claim
In a letter sent to House Oversight Chair James Comer and House Judiciary Chair Jim Jordan, the CIA refuted their claim that the agency intervened into their investigation of Hunter Biden by ...
Opinion
Responses to a guest essay about ISIS and the West. Also: The Northeast quake; R.F.K. Jr.'s claim of "censorship"; obstacles to liberalism; valuing care jobs.
Letter to the editor: Trump isn't about law and order
I'm furious. I spent 30 years in law enforcement. I've voted Republican, I've voted Democrat. I'm all for law and order. And then comes Donald Trump, who claims, among this thousands of ...
DOJ engaged in conflicts of interest, helping Hunter Biden ...
An attorney for two IRS whistleblowers who alleged a Justice Department cover-up in the tax investigation of Hunter Biden accused Attorney General Merrick Garland Thursday of allowing conflicts of ...