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Archive for the ‘Structured Settlements 4 Real’ Category

Questions About IRC 5891 and the 40% Excise Tax

Thursday, October 16th, 2008

The following two questions were asked by John Darer of Structured Settlements 4 Real:

  1. Can a structured settlement recipient choose to forgo getting Court approval? If so, what are the consequences?
  2. How does the factoring company “factor in” the 40% excise penalty (set forth in IRC 5891) in the factoring quote to the structured settlement recipient?

The answer to this is quite simple. An annuitant cannot forgo the court approval process in a structured settlement factoring transaction. Here is why:

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Examination of a Structured Settlement Factoring Case

Friday, September 5th, 2008

John Darer of Structured Settlements 4 Real published a disturbing article yesterday afternoon about an individual interested in selling the rights to a structured settlement with the following details:

  • Annuity set up in 1983
  • The caller stated that this money would be used for investment purposes, but would not go into detail.
  • The annuitant is disabled and suffers from the incident 25 years ago.
  • Annuitant is a resident of California
  • Caller was not the annuitant or financial consultant

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Client of Novation Capital, LLC Gets Denied

Sunday, August 3rd, 2008

In April 2006, Jamel Knight settled a personal injury case for $1.6 million up front and a structured settlement of $400,000 to be paid at a rate of $1,978.11 per month for the rest of his life, guaranteed for 30 years.

Mr. Knight did the following with his money:

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A Few Facts About Structured Settlement Factoring Transactions

Tuesday, July 8th, 2008

“Ostrov states that the factoring industry average effective discount rates are 16% compared to the average credit card rates of 21%.”

In this author’s opinion a 16% average effective discount rate for all structured settlement factoring transactions completed throughout the states over the past 12 months is most likely fairly accurate. This author arrived upon this figure for the following reasons

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DealFlow Media Inaccurately Reporting JG Wentworth Case

Monday, June 23rd, 2008

DealFlow Media (DFM) wrote in their recent structured settlement wire that 321 Henderson, a J.G. Wentworth affiliate was denied a transaction in New York this past week. In their report DFM stated that a 90% discount was applied to the case. The report did not specify the exact payments that were being sold, but the article did provide a few numbers that we can run some calculations with.

It was reported that JG Wentworth was purchasing $102,948.57 of future payments for a net amount of $10,500. DFM states that this transaction has a rate of 10.2% which is false. Structured settlement factoring transactions are priced using discount rates. The rate of this transaction was 8.78%, which is actually a good rate. Even though this transaction had a good discount rate, the factoring transaction would not be in the best interest of the annuitant due to the reasoning for the transaction.

Settlement Quotes would have recommended that this individual try other resources to purchase a vehicle. Cashing out a structured settlement to purchase a vehicle is most of the time not in the best interest of an individual, especially with the rising costs of energy.

In the future, DealFlow Media needs to use correct verbiage when reporting structured settlement factoring cases. Settlement Quotes has built several calculators that are able to calculate the discount rate of all types of factoring transactions. JG Wentworth or any other company would not have tried to factor a transaction with a discount rate of 90%, which would have left the annuitant with a penny.

Other DealFlow Media Inaccuracies.