Your Transfer of Payment Rights

Block 17.1 Article 2.3 Transfers of Structured Settlement Payment Rights   Forget About Signing Any Waiver for Your Transfer of Payment Rights:  This Contract You Don’t Control   10139.3(a) None of the provisions of this article may be waived by the payee.   Do you notice how 10139(a) states “this article”?  That means this entire code, not just the transfer agreement, or just the disclosure statement within the code, but the entire code itself, CA Insurance Code 10134-10139.5 cannot be waived by the payee.   The person selling the structured settlement payment rights, cannot deliberately abandon any terms of the […]

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Annuity Issuer and Structured Settlement Obligor

. Block 17.4 Article 2.3 Transfers of Structured Settlement Payment Rights   Annuity Issuer and Structured Settlement Obligor Not Required to Divide Payments   10139.3(e) states, “Neither the annuity issuer nor the structured settlement obli… Continue reading Annuity Issuer and Structured Settlement Obligor

Buyer’s first right of refusal

By AFG Newswire Sept. 14, 2014 11:00 a.m.   What is Meant by “Buyer’s first right of refusal” in Structured Settlement Transfers   This is a clause written in the insurance code around 1999 under “urgency legislation” by Congress in an effort to protect the consumer.  Be grateful it is in the code, it protects you, and gives you the freedom to do business with whomever you want.   Before 1999, and for about 20 years, when a person would enter into contract with a Company, for example, Company “A” to sell part of their structured settlement, Company “A” would […]

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Structured Settlement Attorney

What is a Structured Settlement Attorney? Well lets break it down, a structured settlement attorney is an attorney is one who only represents structured settlement cases. When most people think of a structured settlement case, they first think of  a personal injury case. Although they do not know it, but the fact is that is a personal injury attorney, not a structured settlement attorney. confused from the personal injury attorney is the one settling the case to get a structured settlement. When i talk of structured settlement attorney, i am referring to an attorney that  assists in the transfer of a structured settlements.Sometimes referred to as an independent professional advisor. The […]

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Structured Settlement Payment Rights

Article 2.3 Transfers of Structured Settlement Payment Rights   Tax Liability to Whom?  Stepping into the Shoes of the Third Party Beneficiary   California Insurance Code says if your the person “stepping into the shoes of the third party beneficiary” (assignee),  you share the tax liability, if any, with the transfer company and you both are liable to the structured settlement obligor, and to the annuity issuer, if the transfer does not comply with California Insurance Code 10134-10139.5 OR if the transfer company and the assignee individually or both are noncompliant.   10139.3(d) states, “The transferee and any assignee shall […]

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Using A Structured Settlement as Collateral for a Bank Loan

Using Your Structured Settlement as Collateral for a Bank Loan According to the National Structured Settlement Trade Association (NSSTA) “Normally, you may not use your structured settlement payments as collateral for a loan.  The reason is that the federal law designed to provide these benefits to you on an income tax-free basis also prohibits you from assigning or encumbering them”. The National Association of Settlement Purchasers (NASP) states, “That is an option, if you have good credit and are willing to take on additional debt.”  The NASP also adds, “Unfortunately, few banks will take your payments as collateral.  That is […]

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Transfers of Structured Settlement Payment Rights

Block 16.1  Article 2.3 Transfers of Structured Settlement Payment Rights   Law Requiring Service On the Attorney General of all Transfer Documents:  Introducing CA Insurance Code 10139(a)   This task is the responsibility of the transfer company, and if it isn’t done, the transfer will not go through.  The filing to the Attorney General takes place at the same time the transfer company files the petition to the Superior Court.   You can visit this website:  http://oag.ca.gov/services-info-3 and view the Attorney General’s law on receiving documents of transfers from Superior Courts.  Just scroll down the opening page of the above […]

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Maryland Independent Professional Advice

Maryland Residents:  You must have independent professional advice  Maryland Independent Professional Advice If you are a Maryland resident and you are interested in selling your structured settlement payment rights, you must obtain independent professional advice.  Below we cite how Maryland defines independent professional advice, and then we cite the code that REQUIRES you to have independent professional advice.   5-1101(c) Independent professional advice.–“Independent professional advice means advice of an attorney, certified public accountant, actuary, or other licensed professional adviser: (1) Who is engaged by a payee to render advice concerning the legal, tax, and financial implications of a transfer structured […]

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Structured Settlement Lawyer Review

The preceding article talks about a judge and his findings for best interests and the initial protection acts that were established. As a structured settlement lawyer that was involved in the “lock box” days, I understood the need for legis… Continue reading Structured Settlement Lawyer Review

Difference Between an Annuity and Structured Settlement

Annuity and Structured Settlement Often when talking with clients i get this question, what is the difference between an annuity and structured settlement. Then i ran across this article and thought Continue reading Difference Between an Annuity and Structured Settlement