Category Archives: Uncategorized

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Pre Issued Annuity Pays Off

Pre Issued Annuity Pays Off

By AFG Newswire b42

August 3, 2014 1:54 p.m.

 

Pre Issued Annuity Pays Off:  Steering Clear of Snags With Proper Legal Mitigation

 

For a notably small fee ($600-$5,000) for such a large investment, proper legal mitigation for the court filings and inspections of court documents is a worthwhile investment on its own.  Hire a professional, you’ll be glad you did.

 

Pre issued annuities can come with snags:  anti-assignment clauses, liens, varying types of annuities, just to name a few.

 

An anti-assignment clause may have been put in the contract between Casualty Insurer A and Life Insurance Company B years ago, when the contract was first being drafted with the third party beneficiary (injured party) in mind, stating that the injured party will having no right to sell any part of the payment stream at all in the future.  Period.

 

Sometimes paperwork and little “clauses” get overlooked…

…until the eleventh hour.  With legal mitigation snags like this are less likely to happen.

 

Liens can also be overlooked…

…bankruptcy, property liens, child support, all of these can snarl the purchase of what you thought was a valuable “pre issued annuity”, and still can be, once everything gets cleared up.

 

It might be that the pre issued annuity is not right for you.  It could be an “immediate annuity, or deferred”,”fixed or variable”, or maybe the pre issued annuity is a perfect fit and you need to jump on this.

 

Do some mitigation with a professional after you’ve done your preliminary research.

 

 

 

AFG - Independent Professional Adviors

AFG – Independent Professional Adviors

Structured Settlement Attorney

 

http://eahtirski.com


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Nation Wide Structured Settlement IPA

Nation Wide Structured Settlement IPA

Structured Settlement Advisor

There are actually only 10 states that require an IPA, or independent professional advisor; in a structured settlement transfer or lottery payment transfer. We have touched on those states in other blogs,and continue more in-depth articles on those states as we go. Then there are the other states like California, where you must be advised of your right to have an IPA. Then there are a handful of states where you have the right but there is no other mention of it than that.

It is a standard practice by most factoring companies, buyers of structured settlement payments, to only get an IPA involved when required by the court after the fact to save the deal. Here we could take each state one by one and go through the changes taking place in the courts, but that will be covered in other blogs later on.

 

What i want to look at today is an overview of all the states and a growing trend with the courts funding being lowered, and the lack of man power. The courts in all these transfer cases, are to act as the consumer protector, and guardian. Now that is getting increasingly difficult as they are being forced to cut down on court clerks and research assistants, they no longer have the personal to review each case thoroughly. With that burden landing directly in the judges laps, causing more and more judges to be reluctant to approve such cases. What we have been seeing is the judges utilizing the IPA, as a means to relieve the burden of due diligence and passing it on to the parties involved.

Some states say the purchaser must pay and some states make the seller pay for the IPA, but the results are the same, the initial court case gets delayed in order to give the seller time to find an IPA. This is where it starts to get costly for both the buyer and the seller, both are counting on these transfers to go through as quick as possible. So when the court grants a continuance in order to get independent professional advice, it costs time, and money that could have been avoided. It is similar to that old saying  that talks about pinching pennies costing dollars.

See this is where the conflict arises. Do you invest in an IPA from the start or do you take the gamble the judge won’t require one? Now no one can say for sure that the judge won’t require one and no one can say for sure the judge will require one. That would require a fortune teller or a mind reading.

what i can tell you is Andres Financial Group does it’s best to preserve the court date and make the transaction go as planned, and adheres to the state statue. Also a good IPA would maintain a database of judges and courts tracking preferred terms. Yes we do that, we have nothing better to do apparently, hahahaha.

 

Andres Financial Group

NationWide Independent Professional Advisors

(855)313-3327 Toll Free

Structured Settlement Attorney Eugene Ahtirski


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North Carolina Structured Settlement Protection Act

Category : Uncategorized

 North Carolina Structured Settlement

Independent Professional Advisors

Andres Financial Group

855-313-3327

Structured Settlement Attorney Eugene Ahtirski

 

§ 1-543.10.  Title.

 

Article 44B.

Structured Settlement Protection Act.

 

This Article may be cited as the North Carolina Structured Settlement Protection Act.

.)

 

§ 1-543.11. Definitions.

For purposes of this Article:

(1)               “Annuity issuer” means an insurer that has issued an annuity or insurance contract used to fund periodic payments under a structured settlement;

(2)               “Discounted present value” means the fair present value of future payments, as determined by discounting such payments to the present utilizing the tables adopted in Article 5 of Chapter 8 of the General Statutes;

(3)               “Independent professional advice” means advice of an attorney, certified public accountant, actuary, or other licensed or registered professional or financial adviser:

  1. Who is engaged by a payee to render advice concerning the legal, tax, and financial implications of a transfer of structured settlement payment rights;
  2. Who is not in any manner affiliated with or compensated by the transferee of such transfer; and
  3. Whose compensation for rendering such advice is not affected by whether a transfer occurs or does not occur;

(4)               “Interested parties” means, with respect to any structured settlement, the payee, any beneficiary designated under the annuity contract to receive payments following the payee’s death, the annuity issuer, the structured settlement obligor, and any other party that has continuing rights or obligations under the terms of the structured settlement;

(5)               “Payee” means an individual who is receiving tax-free damage payments under a structured settlement and proposes to make a transfer of payment rights thereunder;

(6)               “Qualified assignment agreement” means an agreement providing for a qualified  assignment  within  the  meaning  of  section  130  of  the  Internal

Revenue Code, United States Code Title 26, as amended from time to time;

(7)               “Responsible administrative authority” means, with respect to a structured settlement, any government authority vested by law with exclusive jurisdiction over the settled claim resolved by such structured settlement;

(8)               “Settled claim” means the original tort claim resolved by a structured settlement;

(9)               “Structured settlement” means an arrangement for periodic payment of damages for personal injuries established by settlement or judgment in resolution of a tort claim;

(10)           “Structured settlement agreement” means the agreement, judgment, stipulation, or release embodying the terms of a structured settlement, including the rights of the payee to receive periodic payments;

(11)           “Structured settlement obligor” means, with respect to any structured settlement, the party that has the continuing periodic payment obligation to the payee under a structured settlement agreement or a qualified assignment agreement;

 

 

 

 

NC General Statutes – Chapter 1 Article 44B                                                                                1

 

(12)           “Structured settlement payment rights” means rights to receive periodic payments (including lump-sum payments) under a structured settlement, whether from the settlement obligor or the annuity issuer, where:

  1. The payee is domiciled in this State;
  2. The structured settlement agreement was approved by a court or responsible administrative authority in this State; or
  3. The settled claim was pending before the courts of this State when the parties entered into the structured settlement agreement;

(13)           “Terms of the structured settlement” include, with respect to any structured settlement, the terms of the structured settlement agreement, the annuity contract, any qualified assignment agreement, and any order or approval of any court or responsible administrative authority or other government authority authorizing or approving such structured settlement; and

(14)           “Transfer” means any sale, assignment, pledge, hypothecation, or other form of alienation or encumbrance made by a payee for consideration;

(15)           “Transfer agreement” means the agreement providing for transfer of structured settlement payment rights from a payee to a transferee. (1999-367, s. 1.)

 

§ 1-543.12.  Structured settlement payment rights.

No direct or indirect transfer of structured settlement payment rights shall be effective, and

no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been authorized in advance in a final order of a court of competent jurisdiction or a responsible administrative authority based on express findings by such court or responsible administrative authority that:

(1)               The transfer complies with the requirements of this Article [of] law;

(2)               Not less than 10 days prior to the date on which the payee first incurred any obligation with respect to the transfer, the transferee has provided to the payee a disclosure statement in bold type, no smaller than 14 point setting forth:

  1. The amounts and due dates of the structured settlement payments to be transferred;
  2. The aggregate amount of such payments;
  3. The discounted present value of such payments;
  4. The gross amount payable to the payee in exchange for such payments;
  5. An itemized listing of all brokers’ commissions, service charges, application fees, processing fees, closing costs, filing fees, administrative fees, legal fees, notary fees and other commissions, fees, costs, expenses, and charges payable by the payee or deductible from the gross amount otherwise payable to the payee;
  6. The net amount payable to the payee after deduction of all commissions, fees, costs, expenses, and charges described in sub-subdivision e. of this subdivision;
  7. The quotient (expressed as a percentage) obtained by dividing the net payment amount by the discounted present value of the payments;
  8. The discount rate used by the transferee to determine the net amount payable to the payee for the structured settlement payments to be transferred; and
  9. The amount of any penalty and the aggregate amount of any liquidated damages (inclusive of penalties) payable by the payee in the event of any breach of the transfer agreement by the payee;

 

(3)               The transfer is in the best interest of the payee;

(4)               The payee has received independent professional advice regarding the legal, tax, and financial implications of the transfer;

(5)               The transferee has given written notice of the transferee’s name, address, and taxpayer identification number to the annuity issuer and the structured settlement obligor and has filed a copy of such notice with the court or responsible administrative authority;

(6)               The discount rate used in determining the net amount payable to the payee, as provided in subdivision (2) of this section, does not exceed an annual percentage rate of prime plus five percentage points calculated as if the net amount payable to the payee, as provided in sub-subdivision (2)f. of this section, was the principal of a consumer loan made by the transferee to the payee, and if the structured settlement payments to be transferred to the transferee were the payee’s payments of principal plus interest on such loan. For purposes of this subdivision, the prime rate shall be as reported by the Federal Reserve Statistical Release H.15 on the first Monday of the month in which the transfer agreement is signed by both the payee and the transferee, except when the transfer agreement is signed prior to the first Monday of that month then the prime rate shall be as reported by the Federal Reserve Statistical Release H.15 on the first Monday of the preceding month;

(7)               Any brokers’ commissions, service charges, application fees, processing fees, closing costs, filing fees, administrative fees, notary fees and other commissions, fees, costs, expenses, and charges payable by the payee or deductible from the gross amount otherwise payable to the payee do not exceed two percent (2%) of the net amount payable to the payee;

(8)               The transfer of structured settlement payment rights is fair and reasonable; and

(9)               Notwithstanding a provision of the structured settlement agreement prohibiting an assignment by the payee, the court may order a transfer of periodic payment rights provided that the court finds that the provisions of this Article are satisfied.

If the court or responsible administrative authority authorizes the transfer pursuant to this section, the court or responsible administrative authority shall order the structured settlement obligor to execute an acknowledgment of assignment letter on behalf of the transferee for the amount of the structured settlement payment rights to be transferred; provided, however, structured settlement payment rights arising from a claim pursuant to Chapter 97 shall not be authorized. (1999-367, s. 1; 1999-456, s. 67.)

 

§ 1-543.13.  Jurisdiction.

(a)                Where the structured settlement agreement was entered into after commencement of

litigation or administrative proceedings in this State, the court or administrative agency where the action was pending shall have exclusive jurisdiction over any application for authorization under this Article of a transfer of structured settlement payment rights.

(b)               Where the structured settlement agreement was entered into prior to the commencement of litigation or administrative proceedings, or after the commencement of litigation outside this State, the Superior Court Division of the General Court of Justice shall have nonexclusive original jurisdiction over any application for authorization under this Article of a transfer of structured settlement payment rights. (1999-367, s. 1.)

 

§ 1-543.14.  Procedure for approval of transfers.

(a)                Where    the    structured    settlement    agreement    was    entered    into    after    the

commencement of litigation or administrative proceedings in this State, the application for authorization of a transfer of structured settlement rights shall be filed with the court or administrative agency where the settled claim was pending as a motion in the cause.

(b)               Where the structured settlement agreement was entered into prior to the commencement of litigation or administrative proceedings, or after the commencement of litigation or administrative proceedings outside this State, the application for authorization of a transfer of structured settlement payment rights shall be filed in the superior court with proper venue pursuant to Article 7 of this Chapter. The nature of the action shall be a special proceeding governed by the provisions of Article 33 of this Chapter.

(c)                Not less than 30 days prior to the scheduled hearing on any application for authorization of a transfer of structured settlement payment rights under this Article, the transferee shall file with the proper court or responsible administrative authority and serve on any other government authority which previously approved the structured settlement, on all interested parties as defined in G.S. 1-543.11(4), and on the Attorney General, a notice of the proposed transfer and the application for its authorization, including in such notice:

(1)               A copy of the transferee’s application;

(2)               A copy of the transfer agreement;

(3)               A copy of the disclosure statement required under G.S. 1-543.12(a)(2);

(4)               Notification that any interested party is entitled to support, oppose, or otherwise respond to the transferee’s application, either in person or by counsel, by submitting written comments to the court or responsible administrative authority or by participating in the hearing; and

(5)               Notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application must be filed in order to be considered by the court or responsible administrative authority.

(d)               The Attorney General shall have standing to raise, appear, and be heard on any matter relating to an application for authorization of a transfer of structured settlement payment rights under this Article. (1999-367, s. 1.)

 

§ 1-543.15. No waiver; penalties.

(a)                The provisions of this Article may not be waived.

(b)               Any payee who has transferred structured settlement payment rights to a transferee without complying with this Article may bring an action against the transferee to recover actual monetary loss or for damages up to five thousand dollars ($5,000) for the violation by the transferee, or bring actions for both. The payee is entitled to attorneys’ fees and costs incurred to enforce this Article. In addition, all unpaid structured settlement payment rights transferred in violation of this Article by any transferee shall be reconveyed to the payee.

(c)                No payee who proposes to make a transfer of structured settlement payment rights shall incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee based on any failure of such transfer to satisfy the conditions of this Article. (1999-367, s. 1.)

 

Andres Financial Group

Independent Professional Advisors

855-313-3327

Structured Settlement Attorney Eugene Ahtirski