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How to sell a structured settlement payment ?

Wednesday, 4 January 2012

Individuals who choose to sell their structured settlement either in part or wholly are in need of some ready money. Most often, people sell a part of their structured settlement to meet near-term requirements. There are various institutions that buy structured settlements. The transactions can vary in amount from ten thousand dollars to 1.5 million dollars. More than two-thirds of the states in the United States allow individuals to sell structured settlements. According to the federal law HR 2884, annuity owners do not come under any tax obligations as a result of selling their structured settlements.

One should research about various settlement purchasers, check their past payment records and their working relationships with the insurance companies so that the transactions can be approved quickly. Also, the purchasers should be licensed, insured, and bonded. This way if a purchaser goes out of business, the seller can still get his cash. In some states it is mandatory to obtain financial and tax advice, in other states an annuity seller needs to sign a waiver if he does not want to take recourse to financial advice. However, it is compulsory to take advance approval from court according to federal and state laws. Companies that purchase a settlement payout without the advance court approval face a heavy tax. 

A judge studies the circumstance of the potential transactions to assess whether the seller actually stands to benefit from the transaction and weighs the effect of the transaction upon the seller’s dependents. Often, owners of structured settlement payments cannot raise credit by other means and have to sell off parts of their settlements. The judges are aware of this and do not object to the transactions so long as the owner is able to show a genuine need for the sale. The seller’s presence in court makes it easier for the judge to arrive at a decision. In an instance where a transaction is denied by a judge, purchasing companies take the necessary steps to create the conditions suitable for the transaction, a seller does not have to bear the costs of this process.

To obtain a free quote from a purchaser, one needs to provide information such as the state of residence, the insurance company, and the payments. If an individual is satisfied with the quote offered, he will need to submit copies of the settlement agreement and annuity policy.

The process of finalizing the contract starts with the purchasing firm sending a disclosure document to the seller; the document explains the terms and conditions that will govern the transaction. The contact is dispatched in a day or two, upon the contract being signed; the court order process begins and can take up to 90 days depending upon the state of residence and the insurance firm. Funds are made available to the individual within five to ten working days of the order being approved.





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