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1

Structured Settlement Factors


Samuel Towers Law/intellectual property 2007-05-12
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What Do Factors Do?

The term 'factors' might be a little confusing to the layperson. Typically, the word is used in the sense of causative factors that lead to some result. In the financial world, however, factors are like bankers, a class of financiers. Factors buy future payments from present recipients and pay them a discounted sum as the price of the payments. They then collect the payments direct from the payers in due time. This works because the original recipient is legally able to assign the right to receive payment to the factor.

Traditionally, factors bought 'accounts receivable' from business entities that sold on credit. The business might have to give credit to increase sales volumes. However, the business could do with immediate cash for its operations. In such a situation, the accounts receivable were assigned to a factoring company that paid a discounted sum as immediate payment.

With the increasing demand from structured settlement recipients for immediate cash, a new class of factors, known as structured settlement factors, have appeared in the market. These factors buy future payments under such settlements and pay the recipients a sum based on the 'present value' of those payments.

What Do Discounting and Present Value Mean?

The terms 'discounting' and 'present value' relate to the 'time value' of money. Money in hand today has more value than the same amount received at a future date. If you have 1000 dollars in hand now, and invest it in a security that pays 6% interest every quarter, your 1000 dollars would become 1061.36 dollars at the end of one year. It is assumed that you don't take out the interest, instead allowing it to be added to the principal at the end of the quarter. Next quarter's interest would then be computed on this interest-added principal.

The above case is an example of compound interest. Compound interest could make even small sums into big sums over the course of many years. Discounting is always done at a particular rate of interest. The discounted value of a future payment is what we call present value. In the above example, if you receive 1061.36 dollars at the end of one year, its present value would be 1000 dollars. There are formulae, and readymade tables, to compute present values of sums received at any future date. The structured settlement factor discounts each of the future payments that you are selling, and total them up to arrive at the present value of the payments. They would pay you a sum based on this present value.

Can You Just Go to A Factor and Sell Your Structured Settlement?

Unfortunately, the process of accelerating your cash receipts by selling future payments is not a simple one. Structured settlements are considered socially more desirable because people tend to dissipate large sums in wasteful ways. Hence, laws have made it a complicated process to accelerate the payments.

Typically, you would need permission from a court to assign your future payments to a third party. Before giving such permission, the court would look at all relevant aspects and determine whether the sale is in your best interests. The court process takes a little time.

There would also be a lot of negotiations between you and the structured settlement factor. You seek the help of your attorney for the negotiation. In some states, it is mandatory to involve an attorney. These too take some time. Assuming everything goes well, you could get your money in about four to six weeks.

Chances of court approval and quick conclusion are brightened if you deal with an experienced structured settlement factor, who deals with you ethically and up front.

For more read at http://www.structuredsettlements.bz


2

What Is A Structured Settlement?


Gregg Pennington Finance/Finance 2007-05-03
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A structured settlement is an arrangement where a damaged party receives periodic payments rather than a lump sum of cash. They became common in the 1970's because they provided the claimant and their family a long term financial safety net, and could be settled out of court. The federal government officially recognized structured settlement agreements in 1982, and because of some distinct advantages they have over lump sum awards, structured settlements are being used more and more as a method of compensation for damages.

One of the primary advantages structured settlements have over lump sum awards is freedom from federal and state taxes. A structured settlement also allows a claimant to remain eligible for any public assistance they currently receive, where a large cash award could cause a plaintiff to lose some government benefits.

A structured settlement can be preferable for a defendant in a lawsuit because the amount of the settlement can be significantly lower than a potential civil court judgment. Furthermore, an attorney will charge much less to negotiate a structured settlement agreement than to defend a client in a civil suit.

A structured settlement offers claimants several ways to receive their payments. Periodic payments can be distributed either monthly, bi-monthly, or with any other desired payment schedule. Part of the money can be paid up front, or for some future need like college tuition, medical bills, or retirement income.

Because structured settlements are so flexible, a claimant can arrange a payment plan that addresses both their immediate financial needs and their long term goals. Once the contract is final the terms are binding, so it is important to arrange the settlement to your satisfaction beforehand.

When setting up a structured settlement contract, remember to take inflation into account. Inflation can drain the long term value of the settlement, so it must be neutralized as much as possible. Insurance companies offer equity annuities that appreciate in value, minimizing the effect inflation will have on a settlement.

Before agreeing to a structured settlement, you should seek advice from an attorney knowledgeable of structured settlement law. The services of a certified financial planner could be useful as well. Settlements can exceed a million dollars, and sound financial planning is crucial to protect your long term financial security.

Choosing between a structured settlement and a lump sum payment is a decision with far-reaching consequences, and should not be taken lightly. Nevertheless, the whole matter can be boiled down to one simple question: which is more important to you – the safety and security of your finances, or your ability to control the money and how it is invested? When you have answered this question you should have a much easier decision to make.

3

Annuity Payments Through Structured Settlements


Simon Volkov Finance/Real Estate 2008-04-14
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Annuity payments are paid through structured settlements over a specific period of time. This type of financial arrangement typically evolves from an insurance settlement or jackpot lottery winnings. Payments are usually distributed monthly, quarterly, semi-annually or annually. If a structured settlement is arranged for a minor, oftentimes annuity funds are placed in a trust.

The person who receives annuity payments is referred to as the Annuitant. Payments are paid to the Annuitant through a life insurance company. Structured settlement annuity payments are not subject to income tax when the money is received as the result of physical injury. However, if the payments are derived from lottery winnings, distributions might be subject to both federal and state taxation.

Structured settlements are complex matters and require the services of a lawyer or individual who specializes in this field. These legally binding contracts are oftentimes used in cases of medical malpractice, workplace injuries, automobile accidents with serious injuries, or injuries caused by negligence.

Regulated under the Structured Settlement Protection Act, structured settlements are a safe and practical financial arrangement. Annuity payments provide individuals with consistent income to pay for living and healthcare expenses, prescriptions, rehabilitation services, etc.

Structured settlements are popular because they create a win-win situation for all parties involved. The Annuitant receives consistent income and the Defendant avoids having to pay a lump sum cash settlement. Instead, the Defendant is able to pay installment payments over time. The annuity is guaranteed by the insurance company who issues it.

Once structured settlement documents are signed the agreement cannot easily be altered. Therefore, it's crucial to make certain every detail is thoroughly covered before signing on the dotted line. Due to the nature of this type of arrangement, it cannot be stressed enough to work with a reputable professional when constructing a structured settlement.

If an Annuitant desires to obtain early distribution of funds the only option is to sell annuity payments to a lending institution or private investor. Investors can purchase partial or entire structured settlement annuity payments.

When selling partial payments, the Annuitant retains control of the structured settlement. For instance, if an Annuitant receives $25,000 a year for 20 years and is in need of $50,000 cash, he can sell two years of payments to the investor. Payments are transferred to the investor until the amount is paid in full. Afterwards, payments revert back to the Annuitant.

Before selling annuity payments it is crucial to engage in due diligence and ensure you are working with a reputable individual or organization. Check with the Better Business Bureau, conduct investigative research via the Internet, contact referrals and when possible, meet with the individual in person.

Last, but not least, it's important to note not all states allow the sale of structured settlements. Be certain to check your state's laws prior to selling annuity payments. It typically takes two to three months to close a structured settlement sale. Therefore, if you know you will be in need of cash and plan to sell annuity payments to obtain it, do not wait until the last minute.


4

Structured Settlements: Cash Them Out?


David Nemer Finance/Finance 2007-08-15
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Structured settlement payments are a type of payment a party receives upon receiving a favorable decision during legal proceedings. As part of the courts ruling, one party is ordered to make financial compensation to the other party. Often times, the amount of the compensation awarded is spread out over time. Structured settlements are payments arranged in this fashion.

Many people choose to receive a structured settlement payment over time instead of a lump sum payment if they know then will need cash payments for expenses in the future. Also, the court will sometimes award structured settlements on behalf of the party required to make the payments. Setting up payments like this has the benefit of guaranteeing payments over a long period of time to the person receiving them, and lessening the financial hardship of the party required to make the payments.

People receiving structured settlements have the option of selling their entitlements to third party companies. When they do this, a company will purchase their settlement contract for less than the total value, and usually offer a lump sum payment. If, for instance, a person were receiving $100 per month for the next 60 months, or $6,000 total, a company could offer to pay the individual a lump sum payment of $5,000. The individual will receive less total money overall than if they chose to continue to collect their payments over time, but they will have $5,000 immediately instead of having to wait for the next 50 months to have that same amount of money.

Structured settlement companies make their profit by purchasing the structured settlement for less than the amount that they will collect. People choose to sell their settlements for a variety of reasons, including:

Making down payments on large purchases
Purchasing a car
Paying for education.
Buying a house

There are a ton of reasons one would elect to sell their payments in order to receive a large, immediate lump sum payment. Structured settlement transactions must meet strict guidelines and legal restrictions in order to be completed successfully, and for this reason it is best to secure the services of a reputable structured settlement company before making any decisions.


5

Properly Structured Fundraising Committees


Karen Pearson Business/non profit organizations 2007-07-26
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Karen

Silent auction fundraisers have become popular in raising money for schools, churches, sports organizations and other non-profit groups.

If properly structured, a silent auction fundraising event has the potential to raise money - real good money!

The first step in planning any type of event is to select a Chairperson. It is up to the Chair to oversee every aspect of the fundraiser and ensure everything is on track and running smoothly.

The Chair should hold frequent meetings to ensure volunteers are well informed and up to speed with their duties. A good rule of thumb is to lead by example! If the Chair is organized and has everything under control a profitable fundraiser will be the end result.

Having selected a Chairperson, it is now time to form sub-committees. Typical committees could include the following, but will vary with individual organizations. For example, Ticket Sales & Marketing could be divided into two groups depending on the organization's requirements and resources.

Ticket Sales & Marketing:
Ticket design, printing, pricing, distribution, advertising, sponsorship options and payment details.

Acquisitions:
Canvassing and collection of auction items, introductory letter, auction donation contracts, bid sheets, item categorization and proper item displays.

Venue Decorating:
Specific theme, subject or colors.

Special Guests/Entertainment:
Emcee, keynote/guest speaker, musical entertainment, guest appreciation ideas and crowd participation games.

Food & Beverages:
An integral part of any event!

Remember - if the Chairperson and sub-committees are diligent with their responsibilitie and duties, all your hard work will pay off - literally!


6

Producing a well-structured essay


Andrew Sandon Reference Education/Reference Education 2007-10-15
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A good essay is essentially characterized by good coherence and structure. It should consist of an introduction, a body and a conclusion united by a common thesis statement.

An introduction needs to contain several sentences describing the scope and features of the problem discussed. Then a thesis statement should follow. It should be no more than one sentence and describe in a nutshell your major findings after research on a given topic. For example: “Discrimination of women in the workplace is manifested not only in the process of hiring but in work conditions and remuneration as well.”

A body of the essay serves to develop the thesis statement in the introduction. If you are assigned a five-paragraph essay it should be three paragraphs. In all other cases, a body part should comprise no less than 80 per cent of the whole essay. This is a part where you provide arguments and examples to support your main idea. You should start with strong arguments, continue with arguments of medium strength and finish with very strong ones so that your essay is persuasive enough. Do not forget to reference facts and figures you provide.

A conclusion is the last part of the essay. It restates the thesis statement and lists the main conclusions which can be drawn from arguments in the body. However, the thesis statement should not simply be rewritten; the idea needs to be enriched and confirmed with the results from your findings.

These may sound like basic rules but in fact they are a solid ground for producing a good essay. No matter how original your ideas are and how exclusive the information you have obtained is, a poor structure will drastically lower the chances of your essay’s appreciation.

About the author: www.ProfEssays.com writer Mandy Roberts provides professional writing assistance to students in all academic fields from high school to university.


7

Getting A Cash Payout On A Structured Settlement


Frank Dotson Finance/Finance 2007-08-01
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It is not uncommon for people who are beneficiaries of a structured settlement to sell some or all of the settlements for a cash payout. The reasons for selling a structured settlement vary but the process for obtaining cash for a structured settlement is the more or less the same across all states in America.

There are many settlement-purchasing companies that offer a number of plans for buying a structured settlement and offer an instant cash payout. The plans offered by these companies are useful for obtaining a lump sum for repaying debts, financing college education, or availing a business opportunity. Since there are many financial companies that purchase settlements, it is in the best interests of the seller to seek advice from his attorney and financial advisor before deciding to do business with a particular structured settlement company.

An online research should yield details on a number of structured settlement companies that one can visit online. The key factors that decide the choice of a structured settlement buyer include the rate of interest charged, the buyer s financial standing, buyer s reputation for fair-dealing, and his relationship with the insurance companies or the actual payers of the structured settlement installments. Since the cash payout is less than the value of the settlement sold, one should actively seek out a buyer that offers maximum cash payout for the settlements sold. Costs incurred in the sale of a structured settlement also include service fees, closing fees, broker fees, and legal expenses.

The responsibility of getting the best out of the sale of structured settlement lies with the seller. This means he has to be aware of the minimum waiting period, if any, that the state may impose on the sale of a structured settlement as well as other state and federal regulations that govern the sale of a structured settlement.

A written court order approving the sale of structured settlements is necessary for the seller to receive the cash payout. Court approval is subject to the seller being able to prove that the sale is the best means available to him for achieving liquidity. Brokers who are knowledgeable about the court procedures involved in the sale of structured settlements can offer useful help to the seller and his financial advisor. The entire process of obtaining a cash payout can take up to sixty days and includes submitting an application to the settlement buyer, signing of the closing documents by the two parties, and the legal formalities.


8

Get A Cash Payout On A Structured Settlement


Frank Dotson Finance/Finance 2007-07-31
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Individuals who are beneficiaries of a structured settlement can exchange their installments for a cash payout if they so wish. The need for quick cash can be fulfilled with the help of structured settlement companies that give a cash payout on structured settlements.

The important issues to keep in mind when considering a cash payout include the acuteness of the need for quick cash and the minimum ready cash that will suffice. This is because structured settlement companies charge a fee and along with other costs, such as legal expenses, incurred in the process of selling a structured settlement the lump sum that one receives can be more than 15% less than the value of the settlements sold. There are a number of structured settlement companies with a strong online presence. One should research the credentials and the payment policies of these companies. A comparison of buyers helps to narrow down the choice to those who offer maximum cash payout on a structured settlement and also appear to have the necessary skills and contacts to negotiate smoothly with insurance companies.

Financial advisors and brokers have a role to play in the sale of a structured settlement. Financial advisors offer valuable advice on the tax implications and the impact of the sale of settlements on one s resources. Brokers act as intermediaries between buyers and sellers and because of their contacts they are in a position to introduce a seller to the most appropriate buyer for his requirement. Brokers can also offer useful advice for managing the legal process for selling a structured settlement. This is because the sale of structured settlements is subject to federal and state laws.

The entire process for selling a structured settlement for a cash payout can take up to sixty days which includes the application procedure, the presentation of the closing documents by the buyer, and the legal procedure. The legal procedure involves an assessment by the court of the genuineness of a seller s needs and whether selling a structured settlement is the best option available. The court approves the sale only when it is satisfied that a cash payout is in the best interests of the seller and his dependents. A court-approved sale is tax exempt for the buyer and the seller. A cash payout for a structured settlement without a court approval can invite hefty punitive taxes.


9

Tips On Selecting The Right Structured Settlement Company


Paul Graham Business/Business 2008-05-05
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Before we move on to the tips that will help you find the right structured settlement company for your needs, are you really sure what youve got on your hands is a structured settlement? When litigating procedures come to an absolute end, the winning and losing party may come to a compromise over the payment method for the settlement. Some individuals prefer to pay or receive a structured settlement. A structured settlement is paid in installments over a definite period of time.

1. The role of a structured settlement company

A good structured settlement company must be able to assist you from the moment youve agreed to receive a structured settlement from the losing party to the very day the last payment is made. A good structured settlement company will ensure that youre being treated fairly throughout the procedure.

2. Years in the industry

How long has the company been in practice? How many cases or individuals have it helped procure the best structured settlements for their needs? Can they furnish you with any references?

3. Fairness

If youve agreed to have a structured settlement, contact a company that specializes in such payment methods to help you through with the succeeding steps. The first task it faces is ensuring that the terms and conditions of the structured settlement are fair to you. Is the amount of monthly or annual payments fair? Are the interest rates too low?

To determine the capabilities of any structured settlement company in this aspect, ask its representative to give you several proposals that it considers fair to both sides.

4. Financial Advice

Some individuals have a hard time saying no to their loved ones, even if it means possible bankruptcy. If you have the same problem, you can instruct or authorize your structured settlement company to handle the money you receive from the settlement. You can give the company the right to say no to your loved ones and therefore save your money at the same time.

Of course, this requires you to place a huge amount of trust in the structured settlement company. To know if youve trusted the right party, research online about the reviews and opinions made by previous customers. You can also ask the nearest Better Business Bureau office for information about the structured settlement company youre planning to transact with.

5. How much money?

Several structured settlement companies do not hesitate to overcharge their clients simply because they know they can get away from it. To prevent this from happening to you, research online once more and try finding out whats the going rate for structured settlement consultation fees are nowadays.

Annuities represent a large chunk of the profits that insurance companies earn every year. Hence, these companies are willing to pay exorbitant commission fees for any structured settlement broker or company thats bringing in a lot of new customers in their way. Its why other structured settlement companies insist on transacting with a particular insurance firm, even if it doesnt offer the best terms, rates and benefits. Make sure that the structured settlement company youre about to deal with is not setting the same trap for you, too.

6. Are there other solutions?

The right structured settlement company always comes up with the best and most practical solutions. While its able to empathize with what youre going through, especially if your loved one or the defendant had been seriously hurt, it will not let emotion cloud its judgment; it will not your emotions cloud your judgment as well. The right structured settlement company will not be afraid to propose practical solutions to your dilemma. If your loved one has only less than a year to live, a good structured settlement company will insist on the minimum number of periodic payments. Such a method will allow you to make the most use of the settlement in providing comfort for your loved one in his remaining days. Whats more, it will prevent the insurance company from getting the better part of the bargain!


10

Your Guide to Structured Settlement Payments


Ivanovich Cuxev Finance/Finance 2007-08-22
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If you have ever gone through an extended trial or won a lottery where you were awarded payment, you are likely familiar with the concept of structured settlement payments. A structured settlement payment simply means that rather than getting your money all at once, the debtor is required to pay what you are owed in installments rather than in one lump sum. In this way, the structured settlements can be filtered out over time, coming at regular intervals.

The way a structured settlements works is basically two parties agree upon a specific plan to pay an eventual amount in small increments over time. Over this fixed span of the elapsed time, the individual will repay a certain amount or award a sum equal to the original sum arrived at by both parties.

In a structured settlement there are likely many documents assigned to the settlement case including an annuity policy, a court order, an annuity application and a qualified assignment as well as an agreement between the parties. The payments for the considered settlement can vary from all manner of lump sums and installments depending on the agreement between the affected parties.

Both parties choose the length of time that the structured settlements will span, as well as the individual policies and regulations governing the structured plan. As structured settlements are paid out over the years, the parties are made privy to the inner workings of the arrangement, so as best to affect the repayment or initial payment of the settlement.

Structured settlement payments are tax-free by nature and cannot be counted towards overall income and are guaranteed by contracts. This contract guarantee ensures that the settlement payee will be guaranteed a settlement payment at regular intervals from the payee. It is important to understand all the issues involving settlements before you choose such a payment plan. There are many state and federal laws that cover the institution of the structured settlement payment plan that allows for the repayment and record keeping throughout the life of a settlement payment plan. Following these state and federal laws can be a difficult matter as it may require additional study and preparation to prepare for.

Before any structured settlement can take place, a disclosure statement must be made ready for the perusal of the customer ahead of time, generally at least three and as many as fourteen days before consummation. This early notice gives the customer plenty of time to decide exactly how to go about initiating the structured settlement payment plan. Users are advised to locate and retain an attorney before attempting to structure a settlement plan.


11

How To Sell Your Structured Settlement Payments


Gregg Pennington Finance/Finance 2007-06-09
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If you currently receive payments from a structured settlement, you might be wondering if you can exchange your monthly payments for a lump sum of cash. Although structured settlements were created to protect plaintiffs and injured parties from financial hardship, circumstances often change, and the periodic payments that seemed adequate at the time of the settlement may no longer be enough money to make ends meet. Many US states now allow beneficiaries of structured settlements to sell either a portion or all of their future payments. Before you go rushing off to sell your payments to the first bidder, you should take some time to familiarize yourself with the sale process and compare several different structured settlement buyers.

While it may be tempting to save money and sell your structured settlement on your own, considering the importance of the decision and the long term effects it will have on your finances, you would be wise to consult an attorney who is well-versed in the laws governing the sale of structured settlement annuity payments. In many states, the law requires a person wishing to sell a structured settlement to have legal representation.

An attorney will provide you objective advice about selling your settlement and protect you from any unanticipated situations that may arise. One common obstacle to completing the transaction is the insurance company that underwrote the annuity. Insurance companies are concerned that the sale of structured settlements will expose them to additional tax liability. Your attorney will work on your behalf to obtain the cooperation of the insurance company.

In 2002, federal law concerning the sale of structured settlements was changed. As a result, sellers must now obtain court approval before the transaction is initiated. The function of the court is not only to protect the seller from unscrupulous buyers, but also to shield the insurance company from undesired tax liability. The court will consider the needs of the seller both short and long term, and decide if selling the future annuity payments is in the seller's best interests. An attorney will prepare the necessary documentation that must be filed and work to gain court approval. If you decide not to retain legal counsel, most structured settlement buyers will be eager to help you to gain court approval and expedite the sale.

When selling a structured settlement, your lump sum will be quite a bit less than the future value of the annuity, because the cash amount is based on the present day value, not the interest that the annuity would have earned in the future. The structured settlement buyer will also charge a fee for their services. In the end you will probably receive less than 50 percent of the amount of the future payments. You should definitely compare quotes from several buyers of structured settlements to insure that you get the largest possible lump sum.

If you have elected to sell your structured settlement payments, you probably have some financial need which calls for money quickly; unfortunately, factoring in the time required to gain court approval, it could take up to 90 days, assuming you don't run into any roadblocks from the insurance company. Be wary of any structured settlement buyer that promises you cash in less than 60 days. Their questionable claims of fast money should be regarded with suspicion, and should cause you to look elsewhere for a more reputable buyer.

12

Get Cash Flow For Structured Settlement


Frank Dotson Finance/Finance 2007-08-15
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Structured settlements are offered for a variety of reasons. It is possible for recipients of a structured settlement to trade them for cash flow so as to meet any immediate liquidity requirements such as debts or medical expenses.

An analysis of one s needs with the help of financial experts usually provides insight into the amount of cash flow necessary. The cash flow for a structured settlement depends upon various factors such as the total settlement amount and the financial rating of the insurance company. Also, buyers may have terms and conditions that restrict certain categories of structured settlement beneficiaries, such as minors, from selling the settlements for a lump sum.

Future structured settlements can be sold for lump sum payments without tax liabilities to either the buyer or the seller. Financial institutions that buy structured settlements in return for cash flow can be found on the internet. These companies offer free quotes that are useful in comparing the net lump sum. Information required to obtain free quotes includes the name of the insurance company, state of residence, and the amount of structured settlement. One should also go through the FAQ section of these sites and get an idea of the issues commonly faced by those who wish for a cash flow in exchange of a structured settlement. Settlement companies offer various plans. One should look for a plan that offers the best value for the sale of structured settlement.

Documents required for negotiating the contract include copies of the settlement and the policy. Before the contract is signed, the buyer sends a disclosure statement to the seller which mentions the lump sum and the deductibles. The seller can avail the cash flow only after a court approves the sale of the structured settlement and considers the sale to be in the best interests of the seller and his dependents. The entire process including the court hearing can take up to sixty days.

One should check the credentials of the buyer with respect to his payment records, fair-dealing, and relationship with the insurance companies. The last mentioned is very important as buyers with smooth working relationship with the insurance companies can help one to get cash quickly. Of course, the bottom line is the cash flow offered in exchange of the structured settlements. This depends on the rate of interests charged by the various buyers.


13

Structured Finance International - bharatbook.com


bharat book bureau Business/Business 2008-05-04
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Bharatbook.com is proud to announce the new report “Structured Finance International” (http://www.bharatbook.com/detail.asp?id=1092).

Structured Finance International (SFI) provides no-nonsense, highly researched news and information on the major sectors of the primary financial markets, including bonds, loans, equities and structured finance.
• Detailed analysis and comprehensive case studies of the best deals and why they worked.
• Legal, regulatory and accounting changes affecting structured finance.
• Innovations in analytical and administrative technology for securitisation.

Introduction

Structured Finance International (SFI) provides no-nonsense, highly researched news and information on the major sectors of the primary financial markets, including bonds, loans, equities and structured finance.

Written specifically for market practitioners such as issuers, investors, bankers and other service providers in this specialist area of expertise, SFI brings you the in-depth, reliable information and analysis from around the world that you need to make the right decisions in this rapidly evolving market.

In addition, every issue of SFI keeps you up-to-date on the latest industry news, including who's moved where and who's currently hiring and firing, plus...

• Detailed analysis and comprehensive case studies of the best deals and why they worked.
• Legal, regulatory and accounting changes affecting structured finance.
• Innovations in analytical and administrative technology for securitisation.

What's more, subscribers to SFI also receive SFI News absolutely free – a twice-monthly newsletter analysing all public deals completed during the previous fortnight, together with the latest league tables.

For more information kindly visit : http://www.bharatbook.com/detail.asp?id=1092


14

5 Tips for Selling Structured Settlements


Jenny Sweeney Finance/Debt Consolidation 2008-03-26
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Consumers choose to sell their legal settlements (also referred to as structured settlements) for many reasons. While many sell their payments to help with college tuition, debt reduction, medical expenses or mortgage payments, most people sell their settlement to gain financial flexibility when personal or financial needs change. “The long payout periods of most structured settlements – typically up to 30 years – work well for many holders, but not all,” said Andrew Torre, Chief Compliance Manager for J.G. Wentworth. “Many people find that they need access to their money now to pay for legitimate needs.”

However, consumers often are unaware of their options when selling their structured settlements. What price is too low? Which company is reliable? Can I sell just part of my settlement? These are just some of the many questions that arise when considering selling your structured settlement. Torre recommends doing thorough research ahead of time. He offers these 5 tips to consider before selling a structured settlement:

1. Search for specialty finance companies that are able to purchase your structured settlement. Be sure to research their reputation and testimonials – what clients (past and current) say is invaluable.

2. Torre recommends not accepting the first offer to purchase your policy. Why? Browse multiple companies to make sure you’re getting the most value for your settlement.

3. Evaluate your current financial standings, and then decide whether you need to sell all or part of your structured settlement.

4. If you can’t understand the legal jargon, consult an attorney. Make sure you understand the documents and any tax ramifications that occur with liquidating your structured settlement.

5. Evaluate your financial obligations that will accrue in the future. Re-consider whether selling all or part of your structured settlement will be beneficial for you. Also, consider how accessing your assets will affect your income.

Bonus: Additionally, before you sell your structured settlement, be sure that the company you’ve chosen addresses all legal ramifications, Torre adds. Prior to purchasing policies, J.G. Wentworth seeks approval from a judge who examines the appropriateness of the transaction, including state legislation.


15

How To Get Cash For Structured Settlement


Frank Dotson Finance/Finance 2007-09-17
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It is not very difficult for a person who has acquired a structured settlement to trade it for cash. Irrespective of the source of the structured settlement, whether from an insurance claim or an out-of-court settlement, a good factoring company can help in obtaining cash for a structured settlement.

The factoring companies give a lump sum to an individual and become beneficiaries of the periodic payments. The lump sum is given minus the factoring companies fees which can be up to 15% of the total amount. The amount can be used in a number of ways to accomplish objectives such as repaying debts, buying a vehicle or a house, or funding education. It would not be possible if the money was made available in installments. At the same time, one should sell structured settlements only for meeting genuine requirements and not perceived ones.

A person wishing to sell his structured settlement should decide upon the amount that he wishes to sell giving due consideration to the genuineness of his need and his future requirements. Prospective sellers should shop online for the most appropriate factoring companies so that they can get the best price and terms for their structured settlement. It is possible to get free quotes online that give a basis for comparing settlement firms. One should also try and get an idea of the company s reputation for fair-dealing, technical competence, and prompt payment.

A person desirous of selling a structured settlement can also do so by contacting a structured settlement broker who can apprise the seller of the best offers available. The seller should be proactive in keeping himself informed regarding any developments with respect to the sale of his settlement; he should also be aware of the responsibilities of the broker and the buyer as well as the steps that need to be carried out to sell the settlement. At no stage should a seller allow himself to be pressurized into making a deal which he is not comfortable with.

The process of selling a structured settlement can take up to two months. Some states in the United States have a minimum waiting period before a structured settlement sale can go through. The obligations to be fulfilled vary with the state and one should be aware of requirements as per state law. A court will decide whether the sale of a settlement is in your best interests. The court procedure involves submitting relevant documents and when these are approved, a date for the sale of the annuity is given by the court. A court-approved sale of annuities is exempt from taxes.


16

Structured Settlements - Get your Cash Now!


Ann Finance/Finance 2007-01-15
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Sometimes when a plaintiff settles a case for a large sum of money, the defendant, the plaintiff's attorney, or a financial planner consulted in association with the settlement, will propose paying the settlement in installments over time rather than in a single lump sum. When a settlement is paid in this manner it is called a "structured settlement". Often the structured settlement will be created through the purchase of one or more annuities, which guarantee the future payments.

A structured settlement can provide for payment in pretty much any schedule the parties choose. For example, the settlement may be paid in annual installments over a number of years, or it may be paid in periodic lump sums every few years.

Potential Disadvantages of Structured Settlements

Some people who enter into structured settlements feel trapped by the periodic payments. They may wish to purchase a new home, or other expensive item, yet be unable to muster the resources because they can't borrow against future payments under their settlement.

Some people will do better by accepting a lump sum settlement, and investing it themselves. Many standard investments will give a greater long-term return than the annuities used in structured settlements.

Selling a Structured Settlement

If you have a structured settlement, you may have been approached by a company interested in purchasing your settlement, or may be curious about selling your settlement in return for a lump sum buyout. About two thirds of states have enacted laws which restict the sale of structured settlements, and tax-free structured settlements are also subject to federal restrictions on their sale to a third party. Also, some insurance companies will not assign or transfer annuities to third parties, to discourage the sale of structured settlements. As a consequence, depending upon where you live and the terms of your annuities, it may not be possible for you to sell your settlement.

Keep in mind that companies which buy structured settlements intend to profit from their purchase, and sometimes their offers may seem quite low. You may benefit from approaching more than one company in relation to the sale of your settlement, to make sure that you obtain the highest payoff. You also want to be sure that the company which wants to buy your settlement is established, well-funded, and reputable - you don't want a fly-by-night outfit to obtain the rights to your annuities but to disappear or go bankrupt before paying you the buyout money. You may have to go to court to get a judge to approve the buyout. It is usually a good idea to consult with a lawyer before entering into an agreement to sell your settlement.

Special Considerations

Any person entering into a structured settlement should be on guard for potential exploitation in relation to the settlement:

Excessive Commissions - Annuities can be highly profitable for insurance companies, and they often carry very large commissions. It is important to ensure that the commissions charged in setting up a structured settlement don't consume an inappropriate percentage of its principal.

Overstated Value - Sometimes, after negotiating a particular settlement figure, the defense will overstate the value of a structured settlement. As a result the plaintiff, in accepting the settlement, in fact obtains a significantly lower dollar value than was agreed upon. Some defendants have nominally paid the full amount of the settlement, knowing that they would later obtain significant rebates from the annuity companies they used. Plaintiffs should consider compariing the fees and commissions charged for similar settlement packages by a variety of insurance companies, to make sure that they are in fact getting full value. A plaintiff may wish to make it a condition of the settlement that the defendant will actually pay the full value of the settlement in setting up the structured settlement, and that any rebates received by the defendant for annuities included in the settlement be payable to the plaintiff.

Self-Dealing - There have been cases where the plaintiff's lawyer is also in the insurance business, and sets up a structured settlement on behalf of a client without disclosing that the attorney is purchasing the annuities from his own business, or is pocketing a large commission on the annuities. Similarly, there have been situations where the plaintiff's attorney has referred the client to a particular financial planner to set up a structured settlement, without disclosing that the financial planner will be paying the attorney a referral fee in relation to the client's account. Make sure that you know what financial interest, if any, your lawyer has in relation to any financial services sold or recommended by the lawyer.

Life Expectancy - It is unfortunate, but many people who receive large personal injury or workers' compensation settlements will have a shortened life expectancy as a result of their injuries. It is important to consider life expectancy in association with any structured settlement, and to consider whether it is appropriate to enter into an annuity where payments will cease upon death. Sometimes it will make sense to insist upon an annuity that pays a minimum number of payments, or one that will pay a balance into the plaintiff's estate, such that the value of the settlement is not lost to an insurance company upon the plaintiff's untimely death.

Using Multiple Insurance Companies - For larger settlements, it often makes sense to purchase annuities for a structured settlement from several different companies, dividing the settlement between those companies. This can provide you with protection in the event that a company that issued annuities for your settlement package goes into bankruptcy - even in the event that one of the companies defaults in part or in full on your settlement payments, you would still receive full payment from the other companies.

Additional Resources


17

Choosing A Buyer For Your Structured Settlement Payments


Gregg Pennington Finance/Finance 2007-04-24
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If you have decided to sell your structured settlement payments for cash, you naturally want to find the largest lump sum possible. You should also consider the reputation of potential buyers, as selling a structured settlement is probably one of the largest financial transactions you will ever make. Most structured settlement buyers have at least some online presence, so you can find a wealth of information on the internet to help you sort through the options.

You should investigate the reputation of the structured settlement company before making any commitments. Find out how long they have been in business, and if they are a member of the Better Business Bureau. When you have questions do they answer them to your satisfaction, or are they unresponsive or evasive? Any company that doesn't provide good customer service while trying to win your business is likely to disappoint you later as well.

The obvious thing to look at when choosing a buyer for your structured settlement payments is the amount of cash the company will pay you. Unreasonably low offers should be viewed with suspicion. On the other hand, beware of any offers that seem too good to be true. A common scam is for a dishonest buyer to offer a hefty lump sum payment, only to delay the sale process. Meanwhile, they revise their offer downward, waiting for the anxious seller to give in and sell their annuity payments at a discount.

After you have done your homework and obtained online quotes from several structured settlement buyers, take note of the amount of time each buyer estimates it will take to complete the transaction. Be wary of any company that promises you money in a matter of days or even a few weeks. Federal law requires the buyer to get court approval before selling structured settlement payments. This is done primarily to protect the seller. The court having jurisdiction must determine if the proposed transaction is lawful, and that the seller has a legitimate need to sell the payments, and that not selling would cause a financial hardship. The entire process should take from two to three months to complete, and any company advertising a shorter time frame is not being completely honest.

Through the process of elimination you should now have a short list of potential structured settlement buyers. Browse their websites, and read the frequently asked questions to get an idea of what to expect during the selling process, and to further refine your list. Find out how long each company has been in existence. If they have been in business for a number of years they are more likely to be a legitimate buyer of structured settlements.

By now you have compared a number of potential structured settlement buyers, received free quotes, and have limited the choices to two or three companies. Which company provided you the most professional customer service? Were you contacted by a representative of the company? If so, were you given helpful information, or did you feel pressured to do business with them? Did the representative show knowledge of buying annuity payments, and give satisfactory answers to any questions or concerns you may have had? A structured settlement buyer should seek to educate its potential customers, allowing them to make an informed decision.

Finally, if you will not need to sell your entire settlement, did the buyer explain that you may choose to sell only a portion of your annuity payments? A company with integrity will inform you of all your options, allowing you to make an informed decision when selling your structured settlement payments.

18

Structured Settlements: How You Sell Samuel Towers


Robert W. Hunt Finance/Finance 2007-07-04
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Selling A Structured Settlement
As we have seen in other articles in this series, a structured settlement could turn out to be inadequate to meet your financial needs. The question of selling the settlement comes up in this context.
You have heard that people do cash out settlements. However, the wording in your settlement agreement might give a different impression. The restrictive wording would seem to prohibit any transfer of the settlement.
All this could lead to confusion, at a time when you are in urgent need of lump sum cash. In this article, we seek to remove the confusion and explain the process of cashing out your structured settlement.
You Are Not Selling the Settlement
The settlement was an agreement between you and insurance company (or other party). It is typically executed to settle a claim you made. If the insurance company settled the claim by purchasing an annuity in your favor, the annuity itself belongs to the company. You cannot sell it.
On the other hand, the settlement confers a right on you, the right to receive a future stream of payments. This right to receive payments is your asset. Like any other asset, you do have a right to sell this asset.
How Do You Sell A Structured Settlement
While you are entitled to sell your right to receive future payments, the law makes selling structured settlements somewhat difficult. Such settlements and annuities are considered better for the financial security of most persons. Hence the law encourages such settlements and discourages their sale for lump sum cash.
In such a situation, you proceed as follows:
Consider what you want to use the lump sum cash for. You would have to explain how a lump sum of cash serves your interests better than a stream of payments extending over years.
Locate a buyer that specializes in buying structured settlements. Business firms known as structured settlement factors do this. We look at the qualifications of a good buyer at the end of this article.
Get a quote from the buyer for buying out your settlement payments. Buyers typically discount the future payments to a "present value" and give their quote based on this value.
If you accept the quote, ask the buyer for a pro-forma contract, showing the terms under which they would buy your payments. Review it with your attorney.
Return the accepted pro-forma to the buyer. Reputed factoring firms would then check that the whole transaction is likely to be approved by the court and that all legal requirements have been met.
The firm would then file an application in a court to get an appointment to review the transaction.
On the date fixed by the court, you will appear before the judge and answer questions on why you want to sell the settlement. Other interested parties might also put questions to you. Explain to them how your interests are better served with a lump sum of cash.
If you deal with an experienced and competent factoring firm, the settlement sale would most likely be approved.
The factoring firm pays you the agreed sum within a few days of receiving the court order.
Selecting A Structured Settlement Factoring Company
Ensure that the buyer of your payments is:
Financially sound and able to meet their payment obligations
Experienced in the field and could attend to all legal formalities.
Deals up front with you and do not seem likely to cheat you with too small a lump sum or in other ways.
By now you would have a good idea of how to proceed for cashing out your structured settlement. Go ahead carefully.

19

Sell Your Structured Settlements – Why, When and How!


Robert Hunt Finance/Personal Finance 2007-06-19
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With a structured settlement, you do not simply get money at a regular interval to cover your basic living costs and other expenses like medical costs; you also have the option to sell the right at any point of time to get a lump sum amount to meet up sudden needs.
At the same time, you can also settle for periodic payment options to cover occasional costs like education, marriage if you have other means to support you in regular life.
In reality, a structured settlement offers you enough flexibility to plan your income depending on your financial conditions.
To add to this, the amount you receive on a regular interval is completely free of federal or state tax. Whereas if you had taken a lump sum amount and invested them otherwise to earn a monthly income, you would have ended up in paying a big part of your earning as tax. For the last comment, we assume that the concerned person have invested the amount wisely.
These are reasons enough that people in general love to get a secured structured settlement instead of a onetime lump sum amount.
Nevertheless, here comes the crux – why, when and how do you sell your settlement in an urgent need!
Say, you settled with your company for a monthly coverage option but all of a sudden, you got yourself deep in soup and needed some liquid cash urgently.
What would you do if you do not have any other option to support yourself with a lump sum amount! If this is not enough, you may find some people who sell their settlement to get lump sum amount to start their own business or to build their portfolio.
If there is no option left, you can sell the right of your structured settlement and Government allows you the provision to do so.
Many companies purchase the structured settlement rights at a discount price. The amount you can get depends on your attorney’s negotiation skills and market reputation of your previous employer and other conditions. Often the settlement purchaser demand for a higher discount rate not only to cover all the risks involved in the process but also to draw a bigger profit margin.
There is a common misconception that you must sell all the annuities at one go. However, here you have all the flexibilities to sell your annuities partially and thus you can sell only as much as needed to overcome the immediate expenditure. The rest can be left, as it is, to cover your regular expenditure.
The first thing you need to do is to hire a professional financial advisor and/or an attorney to get the best deal for you. An attorney can guide you further through the legal procedures like court oversight, consumer protection statutes and legal approvals for selling structured settlements.


20

Determining a Structured Settlement Payment Schedule


Mayoor Patel Finance/Finance 2007-06-15
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If you have been awarded a structured settlement payment and have some input in how the payment schedule will be structured, here are some tips to help you make intelligent suggestions that are in your best interests.

One of the key factors in how frequently you would like to receive a payment from the structured settlement has to do with what the money needs to cover. As an example, if you are receiving compensation because of an accident where you were injured, you may need those payments to be set up on a monthly basis. The idea is that you may have medical bills or require some sort of ongoing treatments or home care that will need to be paid from the settlement. If this is an accurate picture of your situation, then ask for monthly payments that will cover your expenses related to the accident.

For situations where your settlement is taking place because of some sort of civil matter you have won, you may want to ask for payments from the structured settlement that occur on a semiannual or annual basis. The idea here is that you do not need the money in order to meet medical costs or even to take care of your usual household operations. However, you can take the larger payment and invest it in some manner. Rolling over the larger structured settlement payment into an IRA or other program may protect you from having to pay taxes until you actually begin to withdraw the funds. If you do not need the money from the settlement to take care of ongoing expenses, then get a larger payment less frequently and invest it in your future.

Your circumstances dictate how often it would be helpful to receive a structured settlement payment. Look closely at your needs and make sure that you understand which if the payment and investment options would do for you, and when you would reap the most benefits. At the same time, keep in mind what you need today as well as what you may need in the coming years, taking into consideration other income sources you have available to meet those needs. The point is to be well informed not only of your options, but how you can use the resources to best advantage. Once you are armed with a thorough understanding of what is in your best interests, ask for payment terms that will reap the most benefits for you both now and in the long run.


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