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 legislation. Today I work mostly on the side of the seller as an Independent Professional Advisor, where my primary purpose I believe is to protect the best interest of the seller. First thing I look at is the Fair Market Appraisal of the payments being sold, since I know in California that is one of the first things the judges will […]

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Structured Settlement Purchase Industry

Here is another article that we found that give credence to the need for a Structured Settlement Attorney, to act as your Independent Professional Advisor when you are selling a structured settlement 10 Things We Learned About The Structured Settlement Purchase Industry By Ashlee Kieler August 28, 2015 Report after report finds that payday lenders, auto title loan firms and pension advance operations unfairly target vulnerable consumers with high fees and questionable terms, but a new investigative piece from The Washington Post shows that are some lesser-known, but very lucrative players offering quick cash to vulnerable consumers: structured settlement purchasing companies. […]

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10 Steps to sell structured settlement

I have been thinking about this for a while now, basically there are people out there who have structured settlements and have never sold a portion of them and have no idea that you can, or how to sell a structured settlement. On the opposite side I know that there are people out there who are pros at selling portions of structured settlements, that I’m sure could benefit from a little more information from a structured settlement attorney that provides structured settlement advice as an Independent Professional Advisor. So we start off and you have a monthly or lump sum […]

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Structured Settlement Attorney Independent Professional Advisor

Structured Settlement Attorney Independent Professional Advisor Independent Professional Advisor Helps Consumer:  Comparison of Court Terms In Comparison of Court Terms (part 1) we left off with the “J’s”.  And like we said in Part 1:  Court language can get tricky because of similar words used in phrases, or some concepts are used in Civil Court, and others for Criminal Court, but the meanings are VASTLY different.  Take a look:   Limited Criminal refers to misdemeanors, infractions, and traffic offenses.  Limited Civil refers to cases with claims up to $25,000, including small claims cases.  General Criminal refers to felony matters, and […]

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Transfers of Structured Settlement Payment

Block 16.3 Article 2.3 Transfers of Structured Settlement Payment Rights   Reporting to the OAG:   To Review or Not Review:  Does the OAG Take a Look at Each Transfer Agreement?   10139(b) says “no”.  10139(b) states, “The Attorney General may, but is not required to, review any transfer agreement in order to ensure that the transfer meets the requirements of this article.”   (You can view this “article” (10139(b)) here:    http://codes.lp.findlaw.com/cacode/INS/1/d2/2/1/2.3/s10139 a Thomson Reuters website that was last updated Nov. 13, 2013 at 1:08 p.m. PST.)   The code is short, and so is this article.  It’s straight forward.  10139(b) […]

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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 obligor may be required to divide any structured settlement payment between the payee and any transferee or assignee or between two or more transferees or assignees.”   Who then divides the money?  Does the structured settlement obligor or the annuity issuer ever divide the money?  Did something bad happen in the past that they can’t divide the money?  Do they have motive?  What is this law […]

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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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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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Structured Settlement Attorney Independent Professional Advisor

Structured Settlement Attorney Independent Professional Advisor Independent Professional Advisor Helps Consumer:  Comparison of Court Terms In Comparison of Court Terms (part 1) we left off with the “J’s”.  And like we said in Part 1:  Court language can get tricky because of similar words used in phrases, or some concepts are used in Civil Court, and others for Criminal Court, but the meanings are VASTLY different.  Take a look:   Limited Criminal refers to misdemeanors, infractions, and traffic offenses.  Limited Civil refers to cases with claims up to $25,000, including small claims cases.  General Criminal refers to felony matters, and […]

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