Structured
Settlements
You have probably heard the term “Structured
Settlements” on a TV ad and wondered what exactly it meant.
It's not one of those terms you hear every day...
How to sell your monthly settlement
Should there be a time when life’s circumstances change and
you need a large amount of cash, you can exchange your monthly
settlement payouts for a lump sum. Nowadays, there exist many companies
that offer to buy monthly settlements in exchange for a lump sum
payout. This gives you, as a prospective seller of a structured
settlement, more options and thus a chance to get a better deal for
your settlement payouts.
While still not the best option for monthly settlement recipients,
the sale of structured settlement payouts is now safer since it is
protected by law. The U.S. Congress enacted a law in 2002 that requires
a court order to authorize the sale of such settlements. Thirty-eight
states now abide by this law. This makes selling your monthly
settlement more secure.
In this article, we’ll tell you how to go about selling your monthly settlement for cash.
First, do some number-crunching. Grab a calculator and determine a
buffer amount to take care of the fees and charges needed to jumpstart
the process of selling your structured settlement payout. Also figure
out what expenses coming from the sale of your monthly settlement need
to be met immediately. Remember that you must pay a considerable amount
to gain access to your money now instead of waiting for each monthly
payout.
Second, get your documents in order. As with any legal transaction
involving big money, a lot of paperwork will have to be done before you
can sell your structured settlement and get that one big payout. To
help save time it takes to do all that paperwork, ensure that all
documents relevant to your settlement are in your hands. It is also
necessary to have several copies of these papers. You’ll need to
contact your attorney, the company that settled your case (if you got
your monthly settlement from settling a claim), the company that is
responsible for paying out or managing your monthly settlement
payments, or the broker that assisted you during the settlement.
Third, seek the help of an expert. To make sure that you don’t
miss out on any financial considerations of selling your monthly
settlement, consult a trusted advisor – an accountant, attorney
or financial planner. Since they are conversant with estimating future
losses and financial needs, experts are a lifeline you must cling to in
deciding your next move. They may also recommend other options for you
to get the cash that you need without foregoing your entire monthly
settlement.
The plain truth, you see, is that selling off a structured settlement
is a rather drastic option. Consulting with an expert can open your
eyes to some of the potential pitfalls of selling your settlement, such
as:
• Nobody will pay a lump sum that is equivalent
to the actual market value of the annuity; therefore there will be an
inevitable financial loss by ‘cashing it in’ early.
• A large amount of cash (as opposed to smaller
payments received over a long period of time) is more prone to being
spent unwisely.
• You expose yourself to the risk that the
company buying your settlement payouts is not on solid financial
footing, or that they are unethical. They may try to lash back at you
if they encounter any problems collecting your monthly payouts.
Fourth, procure the services of a broker. In addition to a financial
advisor or attorney? Yes. Although it’s an additional expense,
it’s a necessary one. A broker specializing in the sale of
settlements will take you through the entire transaction. Make sure you
investigate your broker’s experience and professional background.
Inexperienced brokers who are just licensed after a short course
won’t cut it. Look for years of experience and back it up with
checking out his past client references.
Fifth, scour for a buyer. And don’t just look at one or two or
even three offers. Really shop around! Even if you need the money in a
short period of time, it pays to spend time and effort to scrutinize
and compare your options. Don’t take the first offer, and compare
at least several offers to get the best deal for your settlement.
Sixth and finally, secure court approval. Some states do not allow the sale of monthly settlements.
Even if selling monthly settlements is allowed in your state, the sale
must still be approved in court. This can take up to 90 days, as the
judge must scrutinize your need as well as your prospective
buyer. He must likewise establish that your financial need is
genuine and cannot be addressed by any other course of action. And most
importantly for you as a seller, a judge will determine the legality
and funds of your buyer.
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