Category : IPA
Structured Settlements and California Residents
By AFG Newswire Nov.30, 2014 2:10 p.m. Block 15.6 Article 2.3 Transfers of Structured Settlement Payment Rights
Part 13 California Residents: What the Transfer Company Can’t Make You Do
They Can’t Lock You Into Selling They Rest of Your Payments With Them!
- 10138(a)(12) “Any provision that creates a “buyer’s first right of refusal” to purchase any remaining structured payment rights that the payee may desire to sell in the future.”
“Buyer’s first right of refusal” means any provision or condition in the transfer agreement or related documents that obligate the payee (you) to give to the buyer (transfer company) the first choice or option to purchase any remaining structured settlement rights belonging to the payee (you).
It’s a free world out there. You can sell to whomever you want. Just because you sold to Company “A” years ago, doesn’t mean you have to sell to Company “A” again. You can sell to Company “X” if you’d like!
There used to be a time where some, not all, transfer companies would put a clause in the transfer agreement or related documents, making the seller of structured settlement payment rights only do business with them in the future if the seller wanted to sell off the rest or more of their payment rights.
Since the onset of §10138(a)(12), that kind of language and wording can no longer be placed in any of the documents for contracting the payee. Why would it matter any way? Not all transfer companies offer the same amount of money for your dollar. Some transfer companies offer more money, some offer less; and it is best to shop around.
The best way to shop around is with an independent professional adviser. Someone who can play hardball with these transfer companies; someone who can go to bat for you; someone who already knows the rules to the game and can negotiate a better rate for your dollar.
Independent Professional Advisors – IPA
Andres Financial Group is a highly professional group in Independent Professionals providing advice in the transfer of structured settlements. Associates across the US, with the ability to pool all our resources in your best interest.
IPA services include but are not limited to; best interest advice, fair market analysis, court document review, & court appearance.
We pride ourselves on getting 90% of our cases approved the first time in front of the judge. We do not accept a denial as a possible decision, and will seek to keep the case open should the judge attempt to deny.
Andres Financial Group Independent Professional Advisors (855)313-3327 Toll-Free
There are 10 States that require Independent Professional Advice. Approximately half of the other States require notice of the right to obtain Independent Professional Advice. The rest mention your right for independent professional advice.
It is part of the global consumer protection aspect of the structured settlement protection acts. With none stating how to obtain IPA services. They do in fact tell you how you may not receive an IPA, through the purchase.
Which then leaves the payee to fend for themselves in finding an IPA, it’s not like you can open the yellow pages and find one. Or even what to search for on the internet to find one. Especially since the minute you type in the structured settlement you end up with a list of companies trying to buy structured settlements.