Section 55-9-405 - Modification of assigned contract. - New Mexico Statutes

55-9-405. Modification of assigned contract.

(a)     A modification of or substitution for an assigned contract is effective against an assignee if made in good faith. The assignee acquires corresponding rights under the modified or substituted contract. The assignment may provide that the modification or substitution is a breach of contract by the assignor. This subsection is subject to Subsections (b) through (d) of this section.   

(b)     Subsection (a) of this section applies to the extent that:   

(1)     the right to payment or a part thereof under an assigned contract has not been fully earned by performance; or   

(2)     the right to payment or a part thereof has been fully earned by performance and the account debtor has not received notification of the assignment under Subsection (a) of Section 55-9-406 NMSA 1978.   

(c)     This section is subject to law other than Chapter 55, Article 9 NMSA 1978 which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family or household purposes.   

(d)     This section does not apply to an assignment of a health-care-insurance receivable.