Many people every day inquire into what is involved in selling structured settlement. This is because they get a structured settlement after they were injured or damaged some other way by someone who was negligent. Then, the payments that they had coming in are not enough for some emergency and there is a need for a lot of cash right away.
If you are needing to sell structured settlement, you need to have answers to some basic and some complex questions. The article below is meant to give you some insight into the structured settlement selling process so you will know what’s going on.
Should this kind of situation arise, and you are strapped for cash, you would love to be able to make some adjustments to your settlement plan. Of course, this is prohibited. But you do have another option. You might consider selling a portion or all of your remaining structured settlement payments to an interested third party.
Deciding to sell
Before you decide to sell, think about what you want/need the money for. An immediate medical expense, buying a home or the decision to go back to school are usually considered good reasons. Examine your needs and the needs of your family as well. Perhaps you want a new home. Do you have children approaching college age? If so, you’ll not only incur significant tuition expenses, you’ll also have less of a need for a larger home.
Selling your payments will result in a loss from the full amount. Consider whether or not it is important for you to sacrifice the security and future total amount before you make a decision. You will have to understand the implications, benefits and pitfalls so you can feel comfortable making an informed decision.
Will I get the full amount that I would receive over a period of time?
No. The amount you would receive over a period of time is calculated by adding interest to the principal amount. Instead, you may receive the present-day value of the amount. This present-day value may have to be further discounted to cover the costs to do the deal. The rest will be sent to you in one lump sum. You might want to shop around to find out where you can get the best deal.
Court Order
To ensure that you will not be taken advantage of in this delicate process, the government introduced a new federal law in 2002 that requires you to seek court approval when you sell your structured settlement. This law works in conjunction with state laws to direct how the transaction will be completed.
Not only does this law protect you, the seller, it also helps the insurance companies who fear that they will face tax consequences as a result of the sale. The law states very clearly that annuity owners and providers do not and will not owe taxes as a result of this transaction. This breaks down the barrier that you might normally face from a reluctant insurance company.
Selling Options
You do not have to sell the entire remaining amount, or any particular amount, if you so wish. Here are your selling options:
Full amount: The purchaser calculates the present-day value of the payments and offers a lump sum
Part of the payments: Only a specific number of the future payments are sold at their present-day value
Percentages: You may sell a percentage of each payment and keep the remaining balance for yourself
Selling structured settlement is a complex thing. There is a ton of paperwork that goes with the transaction and sometimes you have to appear before a judge. But, if you need the cash the important thing is you can get it done. The process is fairly short and can be concluded usually in less than 30 days.