Structured Settlements and the Importance of Factoring

If you have ever been involved in a medical malpractice law suit, an accident or have been awarded a lump sum of money you are receiving a structured settlement. This form of payment, which can also be called an insurance annuity, is a way an insurance company guarantees you your monthly, quarterly, or yearly payment. You, the annuitant, or policy holder is guaranteed to receive the payout over a number of payments.

Structured Settlements are set up as an annuity contract with a single premium contract. They are held by the institution that is responsible to carry out the future payments. The Congress has approved the use of structured settlements as a way to guarantee that the injured parties have the continuing means to support themselves and to reduce the chance of misappropriation of funds that would be caused by a lump sum distribution. Under IRS tax law, structured settlements are encouraged. Each and every payment, including earnings under the annuity are excluded from taxable earnings in future tax returns, according to IRC section 104(a)(1) or (2).

• Finding Funds: All About Structured Settlements

Structured settlements are legal documents designed to protect you and give you specific legal rights concerning your financial dispersements. But like any legal framework you should be aware of the pros and cons of using such an instrument.

One of the most beneficial aspects is that any interest or capital appreciation that happens over the life of the instrument is totally free from paying any income taxes. This benefits you with more money during your contract. When you first begin your settlement you can state the terms that best suit your needs. If you need the payments to start right away or be postponing for a certain amount of time, this stipulation can be put in your contract. You can even set the number of years or payments to fit in with your age or life position. You don’t have to worry about market fluctuation because your payout is not tied to any investment market. Lastly, should the policy owner die, a beneficiary can be designated to receive the balance of the payments.

Naturally with all the good benefits there are a few disadvantages. One being that after all the details of the contract is set, they can’t be changed. If you want to shorten the term or increase the payment, you won’t be able to do it. Even if an emergency arises you will not be able to access your money or change any detail of your contract.

• Selling Your Structured Settlement for Maximum Cash - An Illusion or Reality

As with all legal contracts, you need to be aware of the benefits and the pitfalls. Handling the process alone is not a good idea. You should have legal counsel who specializes in the process. You need to have someone in your corner who can guide you through the pros and cons of structured settlements.

Structured settlements have been a great help to those injured and in need of a continuing stream of money for medical and living needs. It’s a life line that has given many a way to live their lives with dignity. But with all these great benefits there are people who don’t want their settlement and want to convert it to a lump sum payment. The one and most common reason is they have a pressing expense in need of cash fast. But remember any company that would buy your contract is not going to pay you full value of the remaining amount.

The companies that buy structured settlements at a discount are called factoring companies. The amount of discount can fluctuate in a range of between 7 to 15 percent. Your million dollar settlement can turn into $300,000 or less.

Why such a difference? A dollar today is worth more than a dollar 20 years from now. It seems an incredibly small amount but isn’t always a bad decision. But it is a decision that requires needs proper counsel from a qualified advisor.

Different Ways to Sell My Structured Settlement for Cash

Selling your structured settlement isn’t exactly brain surgery. Many people believe there is an exact science to it, that there is a formula that you have to follow in order for your sale to be successful. That is not true. Selling structured settlements is not a complex process nor is it something that makes you want to pull your hair out before it is even over. It is actually quite simple. It simply comes down to two things: how much do you want to sell for and how much you want left over in your savings. That is it. However, there are different ways that you can sell your structured settlement for especially for cash and in this article I will explain all the different ways you can do this in detail. 

Before you sit there and ask yourself, “How can I sell my structured settlement?” there are a couple of things that you need to do first. The very first thing you need to do is figure out exactly how much cash you need. I know that this may seem obvious, but it is nonetheless important for you to do. Sit down and ask yourself, “What do I need the money for?” Do you need money to pay off some medical bills that you recently received? Do you have some debt that you need to get rid of? If so, how much do you need? Do you feel like you want to go on a vacation? If so, figure out how much you will need in order to pay for it. This step is all about budgeting. Never take more than you actually need.

The next thing you need to do is figure out every little detail of your structured settlement. From which insurance company did you purchase your annuity from? When did you win your lawsuit? When does your first payment begin? How much is it? How much is your total settlement? Finding out these details is crucial because whether you use a private investor or company to sell your annuity, they will need to know these details before they can even start the selling process.

The last thing for you to do is to figure out your payment options. The private investor or company that you hire to help you sell your annuity will tell you what options you have available. You are usually left with only two options: cashing your annuity for one large lump sum or receiving a little bit at a time in the form of monthly payments. With whatever option you choose always choose the one you are most comfortable with and whichever one will make you happy.

The whole process of selling your structured settlements may seem like a daunting prospect. Do not let your fear control you. It is a rather simple process and usually only takes little more than a week to complete. If you follow the steps I have outlined in this article you should be able to sell your structured settlement for cash in no time at all.

Author Bio:
Mark Long has very much experience and is a leading expert in selling structured settlements payments. If you ever find yourself asking, “how long does it take to sell a structured settlement?” you can always ask Mark for some guidance which he is more than happy and willing to give.

Finding Funds: All About Structured Settlements

Structured settlements are one way that courts and insurance companies make sure that not only is justice done, but that payments go toward their intended purpose. When you're involved in an accident, medical malpractice suit, or you're just retiring from work, a structured settlement provides for periodic, guaranteed, monthly or quarterly payments. But, sometimes, it's better to just take the cash. How do you choose the right payment option?

Understand What A Structured Settlement Really Is

A structured settlement is nothing more than an insurance annuity. An annuity is a contract that requires an insurance company to guarantee monthly, quarterly, or annual payments to an annuitant (the policyholder) for a set period of time.

Sometimes, the annuity specifies payments for a set number of years (i.e. 10 years). These types of annuities are called "period certain annuities." The other type of settlement option available is a life payment annuity. These annuities make payments for the life of the policyholder.

For example, let's say that you win a lawsuit. The defendant must pay you $1 million. A period certain annuity settlement option would require an insurance company to pay the $1 million out to you over a period of 10 years, with interest. The life payment option would require the insurer to pay that same $1 million out to you over your entire life.

Why choose the life option? Because payments continue regardless of how long you live - even if you would have otherwise spent all of the million dollars. So, it's possible that you could end up getting more than what you would receive under the 10 year payment option, if you live longer than you life expectancy calculated by the insurance company.

Why They Are Beneficial For You

Structured settlements have a huge benefit over lump sum payments: certainty. With a lump sum payment from a retirement plan, personal injury claim, or medical malpractice suit, you are on your own to manage the funds.

If you run out of money before all of your medical expenses are paid, or before you die, you're out of luck. With a settlement option that's structured, you will never run out of money before the contract expires. For lifetime payments, it's impossible to run out of money before you die.

Why You Might Want To Sell One

With structured settlements having a seemingly unbeatable advantage, why would you ever choose a lump sum payment? One reason: you have immediate expenses that require cash right now. But before you sell your structured settlement payment, keep in mind that any company willing to buy your payments won't give you the full value of your structured settlement.

Companies, called factoring companies, buy structured settlements for a discount. A discount factor of 8 to 14 percent is common. On the high end, at 14 percent, you will receive only a small portion of your total structured settlement option. For example, a $1 million settlement option can quickly turn into a lump sum of just $250,000 or less.

Why so little? Because of the time value of money - a $1 today is worth a lot more than $1 20 years from now. Even though it seems like a small amount of money to accept in lieu of the full settlement payment, it's not always a bad deal. As always, consult with an attorney or financial planner before you sign anything.

Melissa Rudd is a financial consultant with several years experience. When she's not in the office, she enjoys sharing her insights by blogging online.

Evaluating Structured Settlement Offers

Structured settlements are a monthly or weekly payment that is given to those after a settlement by an insurance company. These payments guarantee an income over the life of the contract. However, this type of settlement does not work for everyone and many decide to sell their settlements in return for a lump sum. Shopping around for the best deal is always advised, but how do you choose the best buyout offer?

Will the buyout alleviate your financial problem?

The reason behind many selling structured settlements is due to financial necessity such as; paying off credit cards, debt, college fees or a mortgage. It is important to remember however that you will always make a loss on the amount received, as the lump sum will be lower than the overall amount due and is subject to federal and state tax. So it is worth considering how much money you need? Will the money received cover and address these needs? If unsure, consult a structured settlement payment calculator which will help you decide if it is worth selling your settlement or looking for another option.

Furthermore, can you navigate your financial future without the payments from your structured settlement? If you depend on your monthly income to maintain financial security, it may be too valuable to sacrifice as cash. Look at your current expenses to determine your reliability on the current regular payments before agreeing to a payout. Your financial future is important and should be carefully guarded!

Do you understand the buyout agreement?

Selling your structured settlements is not a complicated process, however, there is certain terminology which is used that you should familiarize yourself with and make sure that you understand. Reviewing the details of your agreement with the financial buyers is advised and if you are unsure, do not hesitate to ask questions or consult an attorney for clarification. After all, it is your money and you should feel totally comfortable with the process before signing the dotted line. 

Do you feel bullied?

This touches on the last point, but taking your time really is key when evaluating buyout offers. If the company you contact tries to rush you in to a decision or you feel pressured in to accepting the cash for structured settlements, say no. Such tactics are known as a ‘hard sell’ and are common among the more unscrupulous structured settlement payment buyers. Do not let yourself get pressured or bullied in to making a hasty decision. Take your time to carefully consider all your options.

Are you dealing with a trustworthy company?

Take the time to do your homework and thoroughly research the company that makes you an offer. The first place to always check is the Better Business Bureau which has a directory of all the registered companies. Do not just check they are registered; look at their reviews and ratings too. Do they have any complaints? Are they reputable? Many companies have been known to offer higher-than-expected amount of money to customers and have later failed to honor their agreement. It is worth checking for these problems before moving forward and signing the agreement. You wouldn’t hand a total stranger your wallet, so why would you hand over your money to a company you know nothing about?

Author BiographyMark Long is a reputable and well-respected financial advisor who specialises in selling structured settlements and annuity. He has recently partnered with an online finance website to provide advice for those looking to receive cash for structured settlements.

How Long Does Settlement Funding Take Now that The Judge Has Awarded My Money?

There is no easy answer to the question of how long settlement funding can take. But there are some basic things that you can know to help you get your money as fast as possible. Once your court case is decided, the judge will award your damages. This award will be stated as a lump sum, however, if you are reading this article then most likely the judge also determined that you should receive your settlement through a structured settlement, paid out over some lengthy term. This type of settlement funding can take weeks or months to complete. 

Understand the Basic Process

While the exact method of settlement funding can vary from case to case, jurisdiction to jurisdiction, and even change based upon the parties involved, the basics are relatively simple. It all starts when the judge makes the award and determines that the damages should be paid out with a structured settlement. From there the judge will likely set terms under which the defendant must fund an annuity in the name of the plaintiff. This judgment can include restricting the time that the annuity must be funded within. You should talk to your lawyer prior to this point and ask him if his recommendations to the judge can include some time frame for this decision within his judgment.

Once the order for a structured settlement is made, the defendant and his lawyer will find an annuity company to work with. This is where it is best if the judge ordered this to be done within a set period of time, because as you can imagine the defendant could really drag their feet and stretch this out. Likely, you can count on them to take up the full amount of time that the judge allows them. This will probably take anywhere from four to twelve weeks, but it could go much longer. Of course, if the defendant appeals the judge’s original decision, this can take years.

Settlement Funding in the Hands of the Annuity Company

After the defendant chooses an annuity company they will have a lot of paperwork to fill out, and then they have to actually fund the annuity account with the amount of money ordered by the judge. This can take time depending upon the internal processes of the annuity provider. By the time they mail you your first check it could now be a number of months since your original award by the judge.

Accessing Your Lump Sum

Now if you decide that your settlement funding plan is not working out for you, that is you want a large lump sum of money instead of the smaller monthly payments, you can call an annuity settlement company who can purchase your annuity payments in exchange for a single, large payment. In this way you can cash in your entire settlement funding amount, or just a portion of it – whatever suits your financial needs at the time.

You can work with a settlement funding company, like. Here, we do all the footwork, including handling legal issues and paperwork; all you do is answer a few simple questions and sign some papers when the time comes. And, of course, you must decide how best to use that lump sum of cash that we can deliver to your door or bank account in four to six weeks.

So call Strategic Capital now. We are happy to answer all your settlement funding questions, even if you are not quite sure what decision to make yet.

Selling Your Structured Settlement for Maximum Cash - An Illusion or Reality

What a Structured Settlement Is and Why Some Plaintiffs Opt to Sell Their Future Payments?

Senior couple signing financial contract (Photo credit: SalFalko)

As you probably know, people who get injured in various accidents usually receive a structured settlement. This is actually a monetary compensation paid by the insurance company in a stream of fixed installments over time. Such financial agreements typically arise as the result of a lawsuit from various personal injury cases, like traffic accidents, medical malpractice, work related injuries, wrongful death and some others. There may be also cases with no relation to personal injuries, like legal malpractice, worker's compensation, commercial cases, etc. However, in any of these circumstances the entire amount of monetary award assigned to a plaintiff is spread out over some time period and distributed in the form of monthly, quarterly or annual payments, rather than in a single lump sum.

Of course, any structured settlement owned may become an excellent source of substantial additional income. Though many structured settlement holders who face sudden life circumstances change and unforeseen financial burdens, find that they need pretty much more cash than their periodic payments provide. There is also a group of plaintiffs who consider it rather stressful and inconvenient to be tied up to the inflexible schedule of small periodic payments and, therefore, wish to unlock their future payments and get access to their legal money in full now to use it however they need: either to eliminate current financial obligations or meet some short-term or long-term goals.

For both groups of structured settlement recipients turning their future payments into a lump sum of cash is definitely the most deliberate choice. Since 1988, it has become legal to sell structured settlements, annuities, insurance policies and some other related financial agreements in US in return for a lump sum of cash. In such a way, funding companies, also known as settlement funders, have quickly emerged on the asset-backed market. They are dedicated to accomplish such transactions allowing payment recipients to gain absolute control over their finances.

The truth is that many plaintiffs hesitate to sell their structured settlements, even when facing the dire need in cash, mainly influenced by a rather widespread opinion that a settlement sale transaction may dramatically reduce their monetary reward. But what actually happens with your money when you sell your future payments to a funding company? How much is your structured settlement worth in fact? What should you do in order to get most cash for your settlement or is it still wiser to keep to the initial payment schedule with small periodic installments coming over time? Let's clean the air on these rather crucial questions for each and every plaintiff.

Roots of the Misconception

Indeed, there is a strong belief that getting maximum cash after selling a structured settlement is no more than a myth and a plaintiff would get a dramatically reduced amount of his/her money. In fact, settlement sale transactions owe their bad reputation to non-direct funders. Unfortunately, there are some funding companies on the asset-backed market that partner with intermediate brokers and use some third-party assistance.

They typically require certain fees for their services, and it is rather obvious, that every broker in this chain will cut off a piece of your monetary award. As longer this chain is, as less money you may expect to get. And like many other promises and guarantees connected with third-party companies, adequate settlement cash payouts may also turn to be just an illusion.

When Getting Maximum Cash is Real

But the situation may go the whole different way, if you are dealing with a direct funder. Established and reputable funding companies operate typically as direct funders avoiding any intermediate brokers during the whole transaction process. While applying various solid financial and legal instruments, they are able to provide plaintiffs with maximum cash advances for their structured or annuity settlements. When you hand in all related papers, their financial consultants will determine the value of your settlement and tailor a package meeting all your specific needs and goals.

It's also worth to point out that an established settlement funding company imperatively submits every single transfer agreement directly to the local court for review to ensure that the proposed cash payout option is in the best possible interest of a plaintiff and a purchasing company works in the fullest compliance with both state and federal laws.

In such a way, whether getting maximum cash for your structured settlement is an illusion or reality is the matter of your deliberate choice only. If you would like to share your personal experience of cashing out future settlement payouts, feel free to do that in the comments below.

Author's Bio

Derek Wrend is a PR manager at OzarkFunding - a settlement funding company offering the maximum lumpsum of cash for structured settlements.

More Structured Settlement Questions

Have you been awarded a large amount of money from a lawsuit? If so, you might be curious about structured settlements. The court will offer you a choice of how and when you want to receive your cash reward. You may choose to receive it all at once, or you can set up a long term payment plan. This long term payment plan is what is known as a structured settlement. Before you make any decisions regarding your reward money it is a good idea to learn as much as you can about how structured settlements work. Here are some more answers to your structured settlement questions.

Why Would I Want to Create a Structured Settlement?

There are many advantages to receiving your reward money in the form of a structured settlement. It will save you in interest taxes on any investments you make. It will also allow you to set up a steady stream of income so that you can properly plan for your future. Structured payments help ensure that you don’t accidentally spend all of your compensation at one time. Studies clearly show that compensation recipients tend to spend less of their reward if it is provided for them through several payments over a long period of time.

Will My Reward Be Any Less if I Choose a Structured Payout?

No. The amount that the court has awarded you will not change. You will receive the same amount whether you choose a structured payout plan or if you choose to get all of the money at once. However, structured settlement payments can help save you money in the form of taxes.

How Much Will a Structured Settlement Save Me in Taxes?

The amount that a structured settlement could save you in taxes could be substantial. You can expect to save approximately 25% to 35% of your total reward in state and federal taxes on any income your reward will generate. All settlement funds are tax free, but you will be taxed on any interest you accrue if you invest any of your reward. If you invest the single large lump sum you will end up paying more in taxes than if you invest using a structured payment plan.

How Much Flexibility Will I Have to Set Up This Form of Payment?

Structured settlements offer a tremendous amount of flexibility in determining how and when the payments will be made. You can set up equal payments over a set number of years. An example of this would be to receive $1000 a month for 20 years. You can set up payments on a per week basis, or you can set up monthly or bi-monthly payments. The payments do not have to be equal either. You could set up specific periods of time that pay out more than others. For example, if you were injured in an accident and require a new motorized wheelchair every 5 years, you could set up a payment plan that pays out more money every 5 years in addition to the regular monthly payments. This would allow you to pay for what you need when you need it.

What If I Change My Mind?

Once a structured settlement has been created it cannot be changed or altered. So if you currently receive $500 a month from a structured settlement and you need $1000 the next month, you cannot change your agreement. You can sell part of your total monetary reward to a company in exchange for receiving a lump sum of money now, when you need it.  The result of this form of transaction will be that you get all of your money upfront, but you will lose a percentage of it to the company.

Overall, structured settlements are very helpful to plaintiffs, but it is not recommended that you pursue this form of payment until you speak with a lawyer or tax professional. 

In Rough Times, Cash For Structured Settlements Can Be A Life Saver

Image via WikipediaWe all have times in our lives where we experience hard economic problems. It can be loss of a job, your home in foreclosure, medical bills or any need for cash. You may have already borrowed from your credit cards, family and friends. You may have no other place to turn. If you are receiving structured settlement payments and they just aren't enough to cover your expenses, there still is a way out.

What Is a Structured Settlement?

A structured settlement is an agreement where you are compensated, in monthly payments, for a release of your claim of liability. It usually is the result of a personal injury lawsuit.

These payments are initiated through the purchase of an annuity from a life insurance company. The insurance company pays the settlement over period of installments. This can be monthly, yearly or other time frame.

How Can Selling Your Structured Settlement Help?

Selling your structured settlement payments can help you get the cash you need when your financial emergency occurs. A company will give you a lump sum for your settlement payments. The company will continue to receive your distribution and you will walk away with your money. No more waiting for that monthly check to come in. You can have the cash you need to fulfill your financial need. Even if there is no problem, you can use the cash to buy a home or start a business.

Issues To Watch Out For When Contacting A Company.

When you are ready to make the move of selling your structured settlement, the first thing you should do is contact a financial adviser. Many states have regulations and rules governing the sale of structured settlements. You may even have to go before a judge who will rule on your sale. Many companies are in the business of structured settlement purchasing. Many do a fine job for their clients, yet their are some that do not. There are companies like stone street capitol that could of done a better job.

Be sure to thoroughly check out the reputation of the company you are using. Even call several companies to get a feel of their professionalism and interest. Seeking the offers of a few companies, will help you to be sure your getting the maximum amount for your structured settlement.