by John Darer CLU ChFC MSSC CeFT RSP CLTC
Stern's company website at ImmediateAnnuities(dot)com makes an inaccurate claim about structured settlement transfers
"Secondary Market Annuities (SMAs) are policies being transferred by an annuitant pursuant to state transfer laws. Annuities listed are subject to prior purchase, prior sale, or withdrawal by seller. Interest, payments, and prices are calculated using industry standards". ImmediateAnnuities(dot)com
Where Immediate Annuities.com is not accurate about Structured Settlement Receivables
- Referring to assigned structured settlement payment rights as an annuity or annuities is inaccurate.
- A structured settlement factoring transaction does not involve any transfer of annuity policies.
- A structured settlement transfer does not involve the transfer of annuity policies
- The "annuities listed" as secondary market annuities are not annuities. They are receivables.
- NJ is one of the 40 states that have adopted the 2017 Revisions to the Life & Health Guaranty Associations Model Act (#520). There is an express exclusion for anyone "who acquires rights to receive payments through a structured settlement factoring transaction as defined in section 5891 of the federal Internal Revenue Code, 26 U.S.C.s.5891(c)(3)(A), regardless of whether the transaction occurred before or after that section became effective".
New Jersey "Structured Settlement Protection Act." N.J.S. § 2A:16-63
N.J.S. § 2A:16-64 Definitions
"Transfer" means any sale, assignment, pledge, hypothecation or other alienation or encumbrance of structured settlement payment rights made by a payee for consideration; except that the term "transfer" does not include the creation or perfection of a security interest in structured settlement payment rights under a blanket security agreement entered into with an insured depository institution, in the absence of any action to redirect the structured settlement payments to the insured depository institution, or an agent or successor in interest thereof, or otherwise to enforce the blanket security interest against the structured settlement payment rights.
"Transfer agreement" means the agreement providing for a transfer of structured settlement payment rights.
"Transferee" means a party acquiring or proposing to acquire structured settlement payment rights through a transfer.
Res Ipsa Loquitur.