The Downside of Structured Settlement Loan

If you won in a lawsuit, you are entitled to a structured settlement. As an award, the court will order the insurance provider or the company to pay you an amount which is just and reasonable. The money is a big help especially if you have lots of debts during times of appearing in court. You will be receiving an agreed amount either semi-annually or annually. The best thing about it is its ability to assist you financially. You don't need to worry of running out of cash for you will be receiving timely payments. However, sometimes people with structured settlements opt to go for a loan.

The loan is called structured settlement loan. Instead of receiving the money semi-annually for a stated period, you'll be receiving a lump-sum amount by providing your structured settlement as collateral. Many are doing it because of some financial emergencies like medical bills or other obligations. Some will be using the money to purchase a home or a car. What you will have is large amount of cash to purchase anything you want. Sounds attractive to grab, right? But before you go and get the loan, you should know the disadvantages of structured settlement loan. Sometimes, we only look for the positive side of things and we tend to neglect the downside.

If you really need big amount of money, I can't blame you if you will go for a loan. Large amount of money will be immediately yours once your application is approved. Sometimes, you are not contented for just a small amount but good for longer periods. Or in times of financial difficulty, we don't have any choice at all. One of the disadvantages of structured settlement loan is the lesser amount of money you will be getting in availing it. If for example, the settlement has a value of $20,000, don't expect to receive a full amount. There are charges imposed by the financial company and you are the one responsible to pay.

It all boils down to business profits. How will the lender gain income if there are no charges? Unlike other types of loans where you need to make monthly payments, in this case you don't need to. With the lump-sum money coming from the financial institution, you don't have to pay it back. This is because the lender will be receiving the settlement payments in return. The structured settlement loan is a form of assignment where your receivable will be collected by the lender. But try to analyze it thoroughly; it is you who is losing in this battle. You will not be receiving an amount worth of the settlement.

You will be paying for interests as well. The bottom line about the loan is the loss of money. So you better think twice about getting a structured settlement loan. It's not all about the advantages but you should consider as well the disadvantages. You must be very clear about where the money will go. If you really don't need the money, then might as well be contented with the payments for longer periods.

Purchase Structured Settlements

Companies that purchase structured settlements will buy out your future payments in exchange for advancing you money now, minus their fee. These companies can provide needed cash in a lump sum, far more than your monthly allotment, if that is what you choose to do, instead of staying on the monthly or yearly plan that your structured settlement sets forth.

If you have been involved in a lawsuit for personal injury, product defects, medical malpractice, or wrongful death of a family member, you may have mediated a settlement offer. Many times, since settlements in personal injury cases can be so large, the payouts are structured, or set up to be paid out in increments over time. This can be over several months, or years, and in some cases for a lifetime of payments. This amounts to a guaranteed income for the person who has settled their lawsuit for monetary compensation.

When a large sum is spread out over many months, or years, there can be some tax advantages, and it does assure the recipient of future income. By taking a large lump sum all at once, the person who receives it gets a large amount of money all at one time, with nothing set aside for future expenses. People who are hurt and have ongoing medical expenses will need a lot of money for their future care, and a structured settlement is good for that purpose.

Sometimes, however, the recipient has a good reason for wanting a large amount of cash immediately, instead of the smaller amounts over time. They might want to go to college, or buy a house, or have another good reason for needing some, or all, of their settlement money up front. This is a good time to consult the companies who purchase structured settlements.

There is a fee charged, from around 10 to 30 percent of the money advanced, and the transaction is similar to getting a payday advance, except for a lot more money, and the repayments go directly to the company that bought out your settlement. It is possible to have them purchase just a part of your settlement, so you get a lump sum now, and whatever remains would continue as before, but in a lesser amount. You would still get some future income, just not as much.

When deciding to sell a settlement, it may be necessary to obtain court approval. That is one way that the legal system acts on your behalf, to be sure you are doing this for a good reason, because the structured payment system was decided upon for a good reason also. Take time to examine several companies who purchase structured settlements before you take action. Oftentimes, smaller competitors offer better rates and terms than the big names like Peachtree and JG Wentworth.

Cash for Structured Settlement?

When accidents occur, whether an auto accident, slip and fall, medical malpractice, wrongful death, or any other non workplace related injury happens, structured settlements are often set up with insurance companies to pay for these tortious acts. People who are in involved in personal injury or insurance related cases elect to receive a series of payments over a substantial period of time rather than receive an immediate lump sum payment. These payments typically total more than the amount a person would have obtained for an immediate payment. The injured party(Plaintiff) goes through a process whereby they elect to take this protracted payment, and sign off on a "Settlement and Release Agreement" allowing the Insurer(Defendant) to purchase an annuity policy on the insured's behalf that would provide for monthly, quartely, or yearly payments to the injured party, who now becomes what is called the Annuitant.

With the advent of new 2002 Federal Laws, and further State Protections, the injured party now has the right to get cash for their structured settlement by selling this annuity stream to an independent third party if he or she so desires. These periodic payments that flow from an insurance company annuity contract(called a structured settlement), may be
transferred at anytime in the future for a lump sum today, but great care should be taken to ensure that the injured party obtains a proper court order. The reason for the court order is one of protection for the injured party, and that protection is twofold; first to protect the annuitant(injured party) from an unscrupulous transaction, and secondly, and just as important in our opinion, to preserve the tax free nature of the transaction. Without obtaining a court order, the proceeds received would be completely taxable, a fighteningly foreboding scenario.

The structured settlement holder should be aware that these annuity sales have specific legal guidelines that differ from state to state. These specific elements must be adhered to strictly in order to complete the transaction. Typically, the injured party receiving the payment stream must execute(sign) a new transfer and assignment agreement disclosing all contractual terms and the price to be paid.

At this point the injured party may be wondering how difficult it is for them to get cash for their stuctured settlement, since the procedure seems complex. In fact, the sale of a structured settlement annuity is a simple, straightforward process that any institutional funder has done thousands of times, and will handle all the paperwork properly. The only thing the injured party need do is make certain they provide the funder with the proper paperwork required in a timely fashion. This process is really a simple cookie cutter transaction. Once in court, the potential sale is announced to all interested parties and then is submitted to the court for their approval.

Bear in mind that this procedure is a process, and typically will take at least 90 days to consummate. In order to expedite the process, the injured party needs to make certain that they respond immediately to requests for information and paperwork from the funding party. The institutional funder should have a vast knowledge of the structured settlement business, and have consummated numerous transactions, and offer you referrals. This is for your protection and an acknowledgement that all proper legal guidelines will be adhered to. If your structured settlement company doesn't meet these requirements, use someone else.

The Lowdown on Getting Cash for a Structured Settlement

If you are currently receiving payments from a structured settlement and are not happy with the procedure in which you are getting paid, there may be a way to cash out your money and move on with your life. Often, structured settlements are designed to better suit the person writing the checks instead of the person that was really wronged to begin with. However, you do not have to keep living with this injustice; here is the lowdown on getting cash for a structured settlement.

First, it is important to understand the process of selling a structured settlement so you really know what you are getting in to. No, there are not any dire consequences of getting cash out of your settlement, but you should be aware that you are actually selling the asset. Therefore, you will be paid a lump sum amount to give the payment rights to someone else, usually a company which deals in purchasing these types of settlements on a regular basis. What is the catch, you may be asking?

While it is not really a catch, so to speak, you should be aware that you will not usually get the full face value of your structured settlement when you cash it out. Companies that buy structured settlements make money by providing a valuable service to people in need of their money now instead of waiting for months or years. However, in exchange for this service, they usually make a profit from the purchase, meaning they pay you a lower amount than the full payout will be over time. While this may sound unfair initially, there are a few considerations to keep in mind. What is not having to wait for your money worth to you? How much phantom income would you sacrifice to have a lump sum of money when you need it? After answering these questions, you may very well decide selling your structured settlement is the best option for you.

When to Sell Your Structured Settlement

A structured settlement often follows a life changing incident, whether it be positive or negative. Due to these circumstances, you may be faced with the need for a large lump sum payment rather than small monthly payments over a number of years. So, where do you turn? To a company that can buy your structured settlement from you and turn it into an immediate payment that you may use on whatever you see fit.

Each individual has different reasons for wanting to sell their structured settlement, however, first you must decide if it is the right decision for you.

The Benefits of Selling Your Structured Settlement

A large portion of those who receive a structured settlement can benefit from selling it for a lump sum payment. The situations listed in this section represent possible circumstances of individuals that may get the most rewards from selling their structured settlement.

· If you cannot wait to receive small, spread-out payments over a long period of time due to a dire financial situation or hefty medical bills and/or lawyer fees. Many of the situations that can bring about a structured settlement can also stick the individual with such obligations.

· If you and your family decide that this is the time to finally make that large purchase that you have had your eye on. For example, if you have previously been denied mortgages or loans and would like to take this opportunity to buy that dream home you have always wanted. Or if you have a child or children who are preparing to go off to college and you fear you may not have the financial means to support that dream otherwise.

· If you have talked with a financial advisor and both of you feel that you could profit more by investing a lump sum payment, rather than waiting on monthly payments. If the money is invested properly, there is a chance that you could end up with more money in the end than your settlement was ever worth. However, this should not be a plan that is entered into lightly. You should work closely with a financial specialist and feel confident that you have found a great opportunity to invest in.

· If you are of older age and feel that you may not be around long enough to receive a fair amount of your structured settlement. You may want to the chance to enjoy the benefits of your settlement or may want to secure part of it for your family after your passing. This way you can distribute the funds as you see fit instead of relying on lawyers or courts.

· If you don’t plan to use the money right away, but would rather put it into a savings or money market account to draw interest. This would be best suited for someone who has a very hefty settlement, can find an account with large payoff terms, and plans to keep the majority of the money in the account for many years.

No matter what your reason for wanting to sell your structured settlement, choosing this option puts you back in control of money that is rightly yours. The problem that many individuals have with their structured settlements is that the control over their money is left to lawyers, courts, and the company or persons paying out the settlement. You are now able to say where, how, and - most importantly - when you spend your money.

The Drawbacks of Selling Your Structured Settlement

For a few individuals, selling their structured settlement and receiving a lump sum payment may not be in their best interest. One must also evaluate these situations and determine if they outweigh the reasons you are considering selling your settlement.

· First and foremost, selling you structured settlement means that you will receive less money than you would if you were to keep it. However, for many people considering this option, this seems like a win-win situation - they will get one large lump sum payment and the company they sold it to will make a profit in the end. The good news is that since you have several companies competing for your settlement, you can choose the one that will give you the a portion of the full settlement that you can live with.

· Because you may lose out on a substantial portion of your settlement by selling it, if you are in a financial situation where regular monthly payments will only be a bonus on top of what you already make, waiting out your settlement may be in your best interest. However, if you’re a senior, then you should also take your age and the length of your structured settlement into consideration. This would be the ideal situation for someone who is young enough that they have a great chance of living out the life of their settlement.

· If you are a person who is poor at managing large sums of money, then selling your structured settlement may not be right for you. For example, if you are the kind of person who gets a large paycheck every two weeks and finds themselves running low on available cash at the end of those two weeks, then that may be an indication that needs to be closely looked at. In this type of circumstance, having your settlement portioned out to you on a monthly basis may keep you from spending it too quickly. Once your settlement is gone, you will be back at square one.

· For those reasons, you should also not consider selling your structured settlement if you have an addiction to gambling, shopping, or drugs.

· If your settlement was due to an accident that has put you out of work and the funds from it will replace your monthly income, then keeping the payments on a monthly basis may help your family keep your finances in order. However, even in this situation selling your settlement may be best for you if you would like to renegotiate your payments into a larger sum each month to shorten the life of the settlement.

Most individuals receiving a structured settlement can benefit from selling it to a company that can give them a large lump sum payment or shorten the life of the settlement, especially if they are older persons, an individual who has enormous expenses due to an accident or court case, someone in a critical financial position, or one who wishes to make a large purchase for themselves and their family. Finding the right company with terms that fit your needs is a key component of making your experience with selling your structured settlement a positive one.

How Is Income From Structured Settlements Taxed?

Income received from court awards as a result of personal injury is normally not taxable. For this reason, many personal injury awards are set up as structured settlements, usually in the form of an annuity, to totally avoid paying taxes on the income. This is one of the primary advantages of structured settlements where you receive payments over a specific period of time.

However, the income tax treatment can change completely when a structured settlement is sold. There are quite a few companies out there now who will offer to purchase structured settlements from individuals wanting to obtain a lump sum of cash in exchange for periodic payments. Once the periodic payments from a structured settlement are sold, the proceeds normally lose their tax-free status.

As you can imagine, with companies competing to buy structured settlements for lump sums of cash, abuse is a serious concern. So, in 2002, President Bush signed legislation that attempts to stop companies from abusing individuals who are selling part or all of their structured settlement. Most states now enforce very strict requirements and even require court approval before any structured settlement sale can take place, otherwise a substantial additional tax is placed on the proceeds of the sale. These new laws are intended to protect people from selling a structured settlement for considerably less than its true value.

Structured settlement agreements are extremely complicated. Your best bet is to have a competent personal injury attorney with experience in these matters review your structured settlement contract and advise you of your options.

One of the advantages of structured settlements is the payments are tax free. But, following your death, any lump sum or additional payments to your survivors may not be tax free, so you should also consult with a qualified tax attorney about the tax consequences to your survivors of inheriting your structured settlement payments

Selling Structured Settlements Is The Solution Sometimes

Getting a lump sum for all or a portion of a structured settlement can provide you with the money you need for costly immediate and unforeseen expenses. Thousands of Americans have sold, and are selling their future payments for a large lump sum now. There are hundreds of companies, which will purchase your structured settlement payments for a large lump sum.

With so many companies competing to buy your structured settlement payments, it is even easier to make sure you getting the most for your money.

Companies like Woodbridge Investments and JG Wentworth are leaders in the industry; they specialize getting you the largest lump sum possible for your payments.

Companies such as these understand that you cannot afford to wait for your money to trickle in when you need it now the most, and will provide you faster, greater access to your money.

Many Americans each year are still suffering financially even after they have begun receiving their structured settlement payments. They are forced into further debt or bankruptcy because their payments are not enough to cover the enormous expenses resulting from lack of income, injury, or unemployment.

The Pros and Cons of a Structured Settlement

Compensation for the pain, suffering, or your inability to work due to an injury or accident often comes in the form of a structured settlement.

You are awarded monies to help you recover financially from the hardship you endured. These monies are paid to you in regular payments, and over a long period. The ideal scenario would be that these monies would secure your future financial well-being.

If you are able to continue working, or have an income that supports your living expenses already, this may seem like the perfect solution. However, for many Americans the opposite is true.

The reality

For many individuals, the reality of resuming the duties of a job to support their family financially is not an option. Medical expenses will always be a concern, debts will continue to rise, and the stress and worries of maintaining a home become too much to handle.

Selling all or a portion of your future payments can give you the power to take back control of your finances. Too often, the restrictions of a structured settlement payment can only serve to cause more aggravation and frustration.

When you receive a large lump sum of cash for your structured settlement payments, you can immediately begin to take control of your future. You decide where your money will be best put to use. You determine how your money will work for you.

You do not have to wait years to collect your money. A company who specializes in purchasing structured settlements can give you a quote on how much your future payments are worth if you decide to sell your structured settlement for a lump sum.