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: Structured Settlements 4RealNSSTA and SSP Leadership Asked to Address Servicing of Structured Settlement Payments by Factoring Companies
By John Darer
"As you may be aware a number of annuity issuers/assignees are permitting factoring companies to "service" the annuity issuer/assignee's structured settlement obligations. The arrangement starts off with the first factoring deal, which is for a portion of the payments and the factoring company ends up with all the payments paid to them (not just the factored payments) with the "balance" to be "passed through" to the annuitant. We believe that life insurers may agree to this to save administrative costs [on "split annuity payments" when a factoring request comes in (see footnote)]. This has apparently been going on since before the financial crisis. But what are the ramifications? Has anyone considered them?
- Does the annuitant have to take any extra steps to be assured of timely receipt of payments, when they are completely dependent on them?
- What extra costs are incurred or potentially incurred in the event there is a bankruptcy as a result of the "servicing".
Furthermore:
The Society of Settlement Planners is also called upon to publicly do so inasmuch as its longstanding membership chairwoman is a factoring broker who primarily deals with a cash now pushing factoring funding source that "services" structured settlements.
The 2008 SSP Annual meeting had a whole panel on factoring. It's may very well be the case of "what did they know and when did they know it?" But I certainly hope not! To what extent have attorneys who are clients of SSP members been informed of "servicing"? How many of the factoring deals that its members have referred to Bentzen Funding Solutions end up having the entire structured settlement (not just the factored piece) being "serviced" by Structured Asset Funding? Is servicing simply "the QSF of the factoring world"?
Those settlement planners who have held themselves out as fiduciaries to the trial bar ought to think hard and clear about the answer to these questions. It is hard to see how "servicing" benefits the annuitant.
Perhaps Rhonda Bentzen can address the truth about her relationship with Structured Asset Funding AND the issue of structured settlement payment "servicing" on her blog and thereby do more for the industry than provide an out of date gossip column and a 5 month old post whose mixed metaphors demonstrate a poor grasp of political history while seeking to thwart an attempt to provide transparency that appears to be lacking in her own business dealings with the industry.
Footnote
Factoring Company Servicing of Structured Settlement Payments-Thought Leaders Butt Heads April 2008 (see comment of Matt Bracy, General Counsel of Settlement Capital Corporation
Full post as published by Structured Settlements 4Real on May 16, 2009 (boomark / email).
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