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Archive for the ‘Uncategorized’ Category

Are You Accountable as a Small Business Owner?

08 Nov

Today, there are more than 23 million businesses operating as sole proprietorships or partnerships. This accounts for more than 80 percent of all U.S. businesses, according to BizStats.com. Do these structures protect small business owners from certain liabilities, or if a suit was brought against them, could their assets be at risk?

There is a common misconception that limited liability companies (LLCs) or incorporated structures are absolute safeguards against personal liability. As a result, many business owners forgo arming themselves with a small business insurance plan.

While attention to quality control and seamless risk management procedures can reduce the risk of lawsuits, no organization can completely eliminate the threat of a claim. The expense associated with defending litigations, even on frivolous claims, can add up quickly and possibly put a company in financial peril. With just one claim, savings that took years to build can be wiped out and the owner’s personal assets can become vulnerable.

There are a few instances in which a small business owner could be personally liable, including:
. The owner acted in an irresponsible or illegal manner
. They personally injured someone
. The owner signed a personal guarantee for a loan
. The business is not operated as a separate entity

Businesses can prevent the financial pitfalls of defending a claim by arming themselves with a business liability insurance plan. Typically, with business liability insurance policies, four types of claims are covered: bodily injury; property damage or loss; personal injury, such as libel or slander; and advertising injury. A General Liability policy covers all damages, legal fees and settlement charges up to the policy limits for covered claims. This is usually packaged with Property coverage in a Business Owner’s Policy (BOP).

Typically, liability insurance coverage includes:
. Legal costs: General liability insurance will cover litigation costs such as attorney and witness fees, as well as settlement payments.
. Medical costs: Insurance will cover medical costs for individuals who may have been injured on company property.
. Property damage: Insurance will cover fire, theft or other incidents that damage the assets of the business. It insures the company from physical damage to the property as well as the customer’s property.
. Business interruption: Insurance will cover the business in cases of major disasters, such as a fire, that render the business inoperable. If the business is unable to operate, the insurance would reimburse the company for its losses and the profits that would have been made during that time.

Business owners should also consider Professional Liability insurance, also known as Errors and Omissions insurance, which protects organizations against claims of professional negligence and errors or omissions in professional work.

While the cost of safeguarding a business and its owner with liability insurance can be costly, there are several ways business owners can cut down on the expense, including:
. Shop around: Business liability insurance coverages range by company; read up on what is covered and what is not. Review small business insurance quotes from several insurers and compare rates.
. Consider a Business Owner’s Policy (BOP): Rather than purchasing separate types of insurance from various companies, consider purchasing a package of policies. When receiving a small business liability insurance quote on a BOP, be sure to understand what is included in the coverage. BOPs don’t typically include all types of insurance.
. Enlist a specialist broker: If the small business operates in a niche, it will often require specialized insurance to safeguard against unique risks. Insurance brokers will know what coverages are necessary for the business and know where to go for the best rates.

Company liability insurance safeguards businesses from various allegations of negligence, but it also protects them from having to absorb the fees associated with defending a frivolous lawsuit. Protecting the business from these risks provides a foundation for success. Business owners should invest the time to research small business insurance plans and understand what their needs are. It could mean the difference between survival and financial disaster

 
 

Debt Consolidation & Debt Settlement

08 Nov

For borrowers suffering the many humiliations large and small of debts increasing beyond their control, there are actually several different forms of debt relief available to average consumers. What may surprise most Americans, actually, is the extent to which bankruptcy will no longer be considered among the debt relief alternatives that seasoned financial advisors recommend to most clients. Three years ago, while the economy was still relatively robust and the media was distracted by Iraq war coverage, the congress slipped in a few seemingly minor alterations to the United States bankruptcy code that went on to weaken tremendously the protection available. Unfortunately, at this present time, with debt loads, inflation and unemployment spiraling even as property values fall across the nation, consumers are only now beginning to understand that the Chapter 7 debt elimination program they had always assumed to be a final outlet for unpayable burdens may no longer exist.

The full meaning of this legislation would take far too long to fully explain, but, suffice to say, court trustees must now strictly follow Internal Revenue Service guidelines before rendering any decision on the feasibility of Chapter 7 protection. Worse yet, even for those few borrowers whose incomes are sufficiently low for Chapter 7 to be a practical consideration, those that somehow manage to successfully declare for the debt elimination program will find that virtually all assets (including, by the viewpoint of the Internal Revenue Service, the computer you are reading this article on, the table that supports that computer, the rug underneath said table, and so on) are now subject to potential seizure for auction so as to immediately repay their creditors. Every consumer that fails to meet the new and comically harsh standards for Chapter 7 bankruptcy protection will instead be passed toward the Chapter 13 debt re-structuring program. This is, indeed, a form of debt relief, but, as with anything controlled utterly by governmental regulations that ignore the day to day needs of private citizens, it is debt relief of absolutely the ugliest and most damaging sort.

After a bankruptcy notice appears on the credit report, borrowers will at least never need to worry about debt relief again. After the recording of a Chapter 13, even though essentially all bills will be paid by the filer and rather more quickly than would be pleasant, said borrowers will never again have the opportunity to be offered credit accounts for many, many years. Even used car salesmen will back away, shaking their heads. To put it plainly, Chapter 13 has all the deprivations and forced budgeting of the harshest debt settlement programs alongside the credit shattering repercussions of debt elimination bankruptcy. The program does, in the loosest possible sense, offer some relief to debtors utterly without any other hope. There will always be a final outlet. Still, Chapter 13 should not even be talked about in the same breath as debt consolidation or debt settlement. It simply has no possible advantage or benefits compared to the other debt relief alternatives. Compared to robbing a liquor store or selling one’s organs, Chapter 13 protection may come out on top as a sound lifestyle choice, but only just.

 
 

Five Tips to Quickly Recognize Serious Structural Problems – Home Inspection Tips for Denver-Boulder

07 Nov

Serious structural problems in houses are not very common, but when they occur they can be difficult & costly to repair. Recognizing the symptoms of structural movement and displacement is the key to understanding the extent of the concern. When searching for a new home, or simply observing aging and changes in your own home, there are several key tips for areas to watch. These tips won’t turn you into a home inspector, but it will give you some of the common indicators of structural concerns. In these cases, a structural engineer should be called out to investigate further and provide a professional opinion.

Tip 1 – Leaning House
Take a macro-look at the home from across the street – is the house obviously tilting or leaning, or one edge of the home separating? Often most symptoms of problems can be observed at a macro, or big picture level. Before getting deep into the details of an area, take a broader view of the whole house and look for general problem symptoms.

Tip 2 – Exterior Walls & Entries
Look for areas of wall separation greater than ½” in size. Also, a combination of smaller cracks all running in the same direction could be an indication of settlement in one area. Some minor settlement cracks are always possible, but larger cracks that continue to expand over time are indicators of more serious movement.

Check the Chimney area well – is the chimney separating from the home? Often the chimney can move on its own, but many times this can be a good indicator that overall settlement or heaving is occurring.

Tip 3 – Doors & Windows
Do doors and windows open freely? Look for cracks around the edges of windows and doors, and for sagging lintels on brick homes. Openings in the home are often the first area to show signs of overall movement. Sticking doors and tough-to-open windows can be a good indicator that movement is occurring. Once discovered, look at windows and doors above this area, and look closely at the foundation below this area.

Tip 4 -Floors & Walls
Are there drywall cracks greater than ¼” in size? Are there uneven floors near corners? Diagonal cracking of the drywall around openings, as well as movement of the flooring, can both be indicators of localized settlement or heaving. Again, investigate above and below these areas, to search for further clues of settlement.

Tip 5 – Basement Foundation Crack
Look for significant cracks both inside and outside on the foundation, particularly near corners, around windows, and any cracks that run the full length vertically or a considerable length horizontally. Unfinished basements can provide the best opportunity to observe and inspect settlement issues. Use a flashlight and inspect along the basement walls, both inside and out, for cracking and movement.

Summary:
Tip1 – Is the house obviously leaning?
Tip 2 – Are there large external cracks?
Tip 3 – Are doors & windows sticking?
Tip 4 – Are walls cracked or floors uneven?
Tip 5 – Are there basement cracks present?

Any of these may indicate a structural issue that should be inspected or reviewed by a structural engineer. Structural concerns when selling or purchasing a home are the most costly items you can be faced with. Look closely at these areas, or ask you home inspector to focus on these areas in a separate walk through of the home. If you aren’t sure about something you see, have a structural engineer look at it. The cost of an inspection will be well worth the peace of mind in knowing the severity and extent of the concern. Using simple observational analysis and visual inspections can be the difference between solving a problem early on, and being faced with extensive, costly structural repairs.

 
 

Are Cash Flow Notes for Sale a Safe Investment?

07 Nov

Cash flow notes for sale offer a variety of investment opportunities. Presently, more than sixty types of cash flow notes exist. The most common types include real estate, land contracts, seller carry back mortgages, business notes and structured settlements.

Buying cash flow notes for sale can be beneficial for all parties involved. However, it is crucial to engage in due diligence and obtain appropriate legal documentation. Doing so will ensure a safe and profitable investment opportunity.

Real estate cash flow notes are secured by tangible property. Nearly any type of real estate can be used to secure real estate notes including single and multi-family dwellings, manufactured or mobile homes, condominiums and apartment buildings, commercial properties and raw land.

Investing in real estate cash flow notes can be risky. Financial experts recommend retaining the services of a real estate attorney to ensure proper documentation of transactions. Considering today’s economic recession and downturned housing market, careful consideration should be given when purchasing real estate notes.

Business notes are a popular choice for investors. Three primary types of business cash flow notes exist including: Factoring, purchase order funding, and seller carry back financing. Each type uses business assets as collateral.

Factoring involves using accounts receivables to secure the business note. Receivables are sold to a funding source referred to as the ‘Factor’. Factors can be a private investor, group of investors, or lending institution.

Purchase order funding is similar to factoring. The only difference is customer purchase orders are used as collateral to secure the note.

Seller carry back financing is one of the more popular types of cash flow notes for sale. Seller carry back financing is used to fund both business and real estate transactions. With the current economic recession, investors, business owners and property owners are turning to seller carry back financing.

Using seller carry back financing, owners carry all or part of the financing. Some owners finance a percentage of the purchase price while others will carry all of the financing. Seller carry back cash flow notes can be sold to investors in exchange for lump sum cash.

Another popular cash flow note investment is that of annuities. Structured settlements are used to compensate individuals who have been injured due to negligence or those who win jackpot lotteries.

Structured settlements are paid over a specific period of time through annuity payments which are backed by life insurance companies. Individuals who receive annuities can sell all or part of their payments to a private investor of funding group.

Annuitants must obtain court authorization to sell annuity payments. In most cases, structured settlement payments are arranged to provide Annuitants with financial security. Therefore, a true need to sell the structured settlement must be provided to the judge. Courts will not approve the sale of annuity payments if they feel it will cause financial harm.

Investors interested in investing in cash flow notes for sale should take time to become familiar with the process and types of cash flow notes available. Doing so will ensure investors obtain a good return on their investment.

 
 

Formula To Sell Annuity – Useful Information

06 Nov

Annuities represent a form of payment, in which there are two sides involved and in which the payee will get a certain sum of money each year until all the money will be received and the contract will expire. The agreements for the annuity are made by individuals, companies or government agency in order to safely dispose of retirement income.

Thus, the annuities are a form of investing your money in; you can pay for them on the spot or you can wait until the investment matures. The proceeds you will make are subject to taxation and to having interest rates ,either fixed or  variable. Therefore, for those being on annuity plans and receiving money, the payments could be received in fixed premium shares or flexible premium shares.

In the current way, the payments come in different shapes and sizes, like the investment annuities, the structure settlements, the lottery payout or in the form of compensation for the workers. Like it was discussed earlier, you might need to wait a couple of years before you can receive payment and before the investment matures enough so that you can start earning money back.

Even so, there are numerous selling programs that offer attractive package  and the agencies offering the plans ensure that the clients will not have to wait too much for the annuity payment to come. The payment can start to be received immediately, without having to wait for the customer to reach the retirement age. Some private companies even tackle in buying investments as well. They have been working in the industry long enough as to inspire confidence. Therefore, these companies are experts in allowing customers to receive payment and they can be trusty worthy enough so that it is worth you invest and securely place your money in.

When approaching such companies in order to provide you guidance and assistance in making your investment, it is a good idea to go to a company that is known for the strong relationships it has had with the customers and with the clientèle. Remember that the money you have toiled long enough and hard on it is in the game so you don’t want to be making any foolish things with your money. Also, remember that you might be obliged to cash the annuities out so be careful when you decide on dealing with the company.

Once you have initiated contact with the company, you need to wait for their response. This response time can vary because the company might not have an immediate answer for your request. By the time they will reply back, it might be too late for you to receive the first payment and therefore, you need to plan accordingly. Typically, a company that respects itself will send you the response quickly enough but cases might vary in circumstances.

Selling the annuities and making other transactions with them is not on everybody’s mind. The agent you will deal with is advised to have some things done before. Things like signing papers and having a check back to you in return are normal things on the agenda. Also, remember that you will need to ensure some legalities are done in that you might need to become involved in doing paperwork so that everything will run smoothly with your payment. Moreover, you need to be aware and fully grasp the significance of all the papers you are signing, because remember it is your money that you are playing with right now.

If you find that the agent you have chose does not do much to help you get things done, then you should quickly switch sides before more damage is done. If you dispose of some extra time, just go and do it yourself and then look for someone else, really reliable that you can count on when dealing with your affairs. Thus, you will be able to see how things are doing and thus, you will not be fooled when dealing with the money that you have earned.

Not being taken as granted for things will ensure that you have understanding of how things are going on.

 
 

United States Public Adjusters Helping Hurricane Victims

06 Nov

 Imagine that you’re a boxer, facing your opponent before an important bout. The referee recites the rules and says he wants a fair fight, then sends you both to your corners to wait for the bell. You’re ready to rumble. But there’s just one problem. The referee works for your opponent.

Fair fight? Hardly, but that’s the situation many Texans might find themselves in this hurricane season. Because if you have to submit a claim, you’ll quickly learn that the claims adjuster — the person who estimates damage and the cost of repairs — works for the insurance company. So he may be more interested in keeping costs down for his employer than in making sure you’re paid enough for complete repairs.

Many insurance claims are handled this way. Which is why millions of dollars rightfully owed to policyholders stays in insurers’ pockets. And most people don’t even know there’s an alternative.

But there is — a public insurance adjuster. And just as you wouldn’t go into court without a lawyer, or go through an IRS audit without an accountant, you should never let your insurance company decide what you’re owed without a public insurance adjuster.

 Whatever the claim, you need someone in your corner.

Hurricane. Fire. Burst pipes. Vandalism or burglary. Virtually everyone sustains some kind of loss to their home or business at some point, especially in tornado/hurricane-prone Texas. And the stakes are too high to leave your payment to the party writing the check — your insurer.

Public insurance adjusters are licensed by the state of Texas to represent your interests through every stage of the claims process: preparation, filing, adjustment, negotiation, and settlement. They can even help you re-open a claim that’s been closed for up to two years, recovering additional money for repairs, replacements and upgrades. And if you’re ever notified that your claim is denied, a public adjuster should be the first call you make.

Having this kind of advocate on your side is especially important right now, because estimates of hurricane damage can vary widely. The insurance company’s adjuster is likely to estimate on the low end; that’s why your public adjuster can routinely achieve settlements of 50, 100, even 200 percent higher than the insurer’s offer.

“The insurance company will often want to pay for cleaning and painting a damaged area, or replacing only part of the affected area,” explains Alex Step, of United States Public Adjuster (“USPA”). “But cleaning and painting might not be enough — there could be structural damage you don’t see, like mold or wood rot. And because building codes are stricter now, you could be entitled to a whole new, upgraded roof — not just repairs to the damaged area.”

Most adjusters at USPA are former insurance company adjusters with extensive experience in estimating damage caused by hurricanes, fires, floods, fallen trees, lightning, you name it. That’s important, says Step, “because you need people who know the process in and out — who know all the tricks of the trade.”

Do you want the money in your pocket — or the insurance company’s?

The average homeowner may have only one major damage claim in his lifetime. “It’s just not possible for a homeowner to knowledgeably argue for a larger settlement,” says Step. “There are too many factors involved — age of the home, the possibility of hidden damage, the fluctuating costs of labor and materials.”

And a public adjuster doesn’t only help you with the damage claim. You may be entitled to reimbursement for additional living expenses or temporary repairs before the real replacement work starts.

“It’s no different than tax or legal matters,” says Step. “Without the assistance of expert professionals, the little guy is at the mercy of the big guy.”

In short, not having an experienced public adjuster in your corner could cost you big money. And with hurricane season upon us, that’s something to keep in mind — before you have to duke it out with your insurance company.

Frequently Asked Questions About Public Adjusters

Q:  What is a public insurance adjuster?

A:  A loss adjustment expert who represents you, the homeowner, in the preparation, filing, and resolution of your insurance claims. A public adjuster is tested, licensed and bonded by the state of Texas.

Q:  How can a public insurance adjuster help me?

A:  Your adjuster relieves you of the many time-consuming and difficult details involved in preparing and filing your claim — and helps you receive a prompt and fair settlement.

Q:  Why should I engage a public insurance adjuster to obtain what is rightfully due to me?

A:  You’ll have the advantage of the public adjuster’s experience and knowledge of repair costs and the claims process. Insurance companies offer to pay what is due to you as they see it. Public insurance adjusters are your exclusive representatives. With their experience and knowledge they are better able to obtain a more favorable adjustment for you, the insured.

Q:  How do adjusters determine the actual loss?

A:  They take a physical inventory, obtain all pertinent appraisals and make sure all provisions in your policy are properly fulfilled. This often involves subjects you know little or nothing about. That’s why a thorough inventory made by an adjuster on your side can make a significant difference in the amount of the final adjustment.

Q:  How much do they charge for their services?

A:  Your public insurance adjuster’s charge is a percentage of the insurance company’s settlement with you — usually 10 percent.

Q:  In the event of a loss, what steps should I take?

A:  Promptly report the loss to your agent or broker, or directly to the insurance company — then immediately retain the services of an accredited public insurance adjuster.

 
 

Selling Your Note For Lump Sum Cash

05 Nov

Many people have monthly payments coming in from a structured settlement, annuity, lottery winnings or from property in which they hold the mortgage. Often these people find that they are in need of the total amount rather than monthly payments over time. Usually these note holders are people that need the money for increased investing ventures or for reasons of financial stress. Whatever the reason may be, they need someone to purchase the note from them for a lump sum of cash in return.


A cash flow note is nothing more than selling a monthly note, such as a structured settlement or mortgage note, for a lump sum of cash in return. These transactions take place everyday in the United States and is booming business for people who actively pursue cash flow notes as a source of income.


Usually, the process of selling a cash flow note starts with the seller locating a note buyer. A note buyer is someone that buys notes for investment purposes and income streams. The note buyer has certain criteria and standards the note must meet before the note buyer will purchase the note. The note buyers evaluation process typically consist of different factors including the type of property, interest rate, the balance remaining on the note and the credit of the payor. The note buyer does these checks to estimate if the note is worth the risk he will assume if he purchases the note. The note buyer must consider many variables before agreeing to the purchase the note including bankruptcy by the payor, declining interest rates or the payor defaulting on the note.


In order to compensate and offset the risk, the note buyer will offer less than what the value of the remaining balance of the note is in order to make the risk within tolerable limits should any of the above factors occur. Although the note seller will not receive full value of the cash flow note, the seller will receive a lump sum of cash freeing up cash that would otherwise take years to receive in full. Some note holders need to liquidate to increase their portfolio and purchase other notes with a higher interest rate making more money than they would on the previously held note.


This is referred to as the time value of money and which means that the present value of your money is more than the future value of your money. Selling a low interest note and taking a lump sum payment and investing in a higher paying note earning the difference in your new investment. Selling a note to a note buyer can have a faster turn around time as well, rather than applying for a loan from a bank or lending institution. Cash flow note transactions can take up to two weeks, maybe less, whereas a loan could take a month or longer for approval.


Cash flow note sales are a viable way for a note holder to free up cash for liquidation purposes, taking the money and investing it elsewhere for a better return. Or in some cases, a note holder may need cash for emergency reasons or for health related reasons and selling a note is a quick way to acquire much needed cash. Although selling note is quick, a note seller should always do their due diligence on a potential note buyer before ever agreeing to sell the note.

 
 

Residential Subdivisions Are Mass Graded

05 Nov

Subdivisions are mass graded. This means an undesirable building location(lots of steep grade are uneven lots) is transformed into individual flat or moderately sloped lots by movement of dirt. This usally includes removal of soil at hill(the cut lot),which which is them imported to other areas on site to create fill areas(the fill lot) or cut-fill areas(transitional lot).Cut lot tens to perform well since the soil is undisturbed where the hill was removed.Fill lot can compact more once the home is completed;this movement,however,is usually uniform and rarely cause distress th the home. These condition are consider when inspecting a home when built from mass graded lots. The homes soil,and foundation are in constant movement and forces fighting against one another.New homes may not give any indication of foundation issues for several years down the road.Although there are methods for inspectors to gauge that accurate standards were followed site prep,and adequate footing drains to help with hydrostatic pressure against the structures foundation.A strong foundation and proper lot drainage is the key to a stable foundation.In a perfect world every property would be built on the perfect lot,but as I know and you should as well this can not always be the chase.

A structure is expected to stand up. The force of gravity is constantly working to bring it down.A structure has to be designed to resist gravity.It must support its own weight,which is called DEADLOAD of the structure.It must also support the live load which are imposed open it,which include the people inside,the furniture,and other weight such as snow,and the materials used in the roof structure skeleton.

A structure does transfer its weight through the exterior walls,and load bearing partions to the foundation which in then transfers the weight to the soil through the footing.Not only is a structure expected to stand up, it is also expected to stand still. The structure movement is partially determined by the conditions of the soil support the structure,and proper drainage around the stucture.When the ground below the house fails,the house sinks, soil moves. The foundation resists the pressure of the soil against the structure.Homes built on the proper site should be built strong enough to resist this natural pressure.

MOVEMENT:

The effects of settlement and movement on a home and their effects on the rest of the structure are not always obvious.While some signs are obvisous,other signs might need more in depth study to determine the cause of underlying issues.Wall cracks appear as the result of overloading or because of settlement or heaving. The location of the cracks can be a clue to what is going on to the foundation.

Is a dynamic system.Soil Moves.A house built on the bottom of a hill can have soil moving toward it over time and exerting more and more pressure against the foundation.It may be pushed from its original position.

WINDS

Plays an effective upon a structure.With heavy winds theres forces of pulling,and uplifting.Structures must be strong enough to resist these forces as well.

Vertical Cracks:

Are most often caused as a result of settlement of the structure,soilcompacting,or soil washing away under the footings.It occurs when there is an upward overload force next to a downwards overload force. They can also occur after remolding,when new dead loads are added to the structure,or by adding very heavy live loads.

Vertical cracks that extend down to the footings may be serious and should be investigated carefully. This could be cause by uneven settlement of the building and could indicate the wall is separating-one part settling more on one side of the crack than the other. The crack extending to the footing could also indicate a failure of material such deteriorating block,decayed mortar,or weak concrete,or improper construction standards.

Angled Cracks:

Appear when the upload and download force offset each other. They can appear when there is major difference in the soil under the home from one location to another,heaving of the soil,and resulting footing failure.Angled cracks can appear in pairs,where a load in one direction is offset by a pair of loads from other direction.When a crack is a single corner of the house,it can indicate a broken footing because of the soil underneath,expansive clay soilsor even the uplift from heavy tree roots in that location.

Horizontal Cracks:

On the foundation stem wall can indicate pressure being applied from the outside. The cause can be soil pressure against the wall,improper backfilling,and surface problems such as poor downspouts,Grade of lot,surface water drainage that allow water to pool around the foundation and increases the pressure pushing against the wall.When the wall is actually displaced-when the surface of the wall is out of alignment and the crack is wider on the inside face of the wall,serious problems can result.

There are other cause for horizontal cracks in foundation walls. There could be a vertical overload on the wall.Or the crack could be caused by settlement,where the wall has dropped when the soil underneath settled.

Internal Stresses:

The integrity of a structure depends on each individual structure members.A structure is in a constant state of Stress as individual member extert forces upon each other.For example,Floor joists spanning the structure would sag without the restraints and support provided by girders,which in turn push on supporting columns. These supoort systems must work in concert with each other without excerting more load to one another and resulting in damage.Structural member have two forces working on them at all times compression,and tension.Members of the structure has forces such as shearing,and bending.Individual members may fail under these stresses.A home inspection, the inspector looks for these underlying problems.

 
 

How Cash for Settlement is Taxed

04 Nov

Generally, income as a result of personal injury is not taxable, depending on the specific type of award. However, some areas are taxed as income. For this reason, and the fact that there is a certain amount of gray area when settlements are not categorized into specific taxable groups, many settlements are set up in a structured settlement, often as an annuity, to completely avoid paying tax on the award. This is one of the primary advantages to a structured settlement.

However, it becomes a completely different tax beast once the structured settlement is sold. In the last few years, several companies have surfaced offering to purchase structured settlements from individuals wanting to obtain a lump sum of cash in exchange for periodic payments. While the general rule is that awards (that are taxable) are considered as income during the year they are awarded. However, once the money goes into a structured settlement and is sold, the proceeds may lose the tax-free status. This is even more a concern since new legislation has gone into effect trying to limit the ability to transfer structured settlements.

In 2002, President Bush signed the initial round of legislation to stop settlement funding abuse, in what was then perceived as a shady business. As a result of those laws, as well as proceeding statutes, there are very strict requirements to buying a structured settlement. In fact, many states require court approval before any sale can take place or an additional 40% tax is placed on the proceeds of the sell. The reason for this is supposed to be to protect people from paying high interest rates and selling a structured settlement for considerably less than its real worth. For in-depth tax questions in your state, it is best to contact a local tax advisor.

 
 

What to Do If Financial Trouble Hits – Foreclosure Help

04 Nov

Here’s the good news: Lenders and servicers don’t like to foreclose on mortgages. Foreclosures cost more than can be made back, so lenders foreclose only as a way of limiting losses on a defaulted loan. If homeowners get behind on payments, lenders likely will work with them to bring the loan current. In order to do so, however, the owner must stay in communication with the lender and be honest about the financial situation. If you are not able to spend countless hours waiting on hold or don’t feel comfortable with talking with your lender, foreclosure assistance companies such as Troubled Homeowner can help. Contact foreclosure assitance company in your aware but beware of scam artist.

The lender’s willingness to help with current problems will depend heavily on past payment records. If the owner has made consistently timely payments and had no serious defaults, the lender will be more receptive than if the person has a record of unexplained chronic late payments.

For those falling behind in payments or who know they are likely to do so in the immediate future, they should contact the lender right away about meeting to discuss alternative payment arrangements.

The lender will ask for information about monthly income and expenses. Owners must use realistic figures based on their current financial situations. The lender will also ask about assets and liabilities, including all debts and monthly payments and when they are due. If the lender needs proof of income (pay stubs, unemployment check stubs, tax returns, etc.) he or she will let the owner know. Remember, lenders do not want to foreclose.

Lenders Often Times Can Help
An agreement between borrower and lender to prevent the loss of a home is called a loan workout plan. It will have specific deadlines that must be met to avoid foreclosure, so it must be based on what the borrower really can do to get the loan up to date again.

The nature of the plan will depend on the seriousness of the default, prospects for obtaining funds to cure the default, whether the financial problems are short term or long term and the current value of the property.

If the default is caused by a temporary condition likely to end within 60 days, the lender may consider granting “temporary indulgence.” An example of where this would be considered is a house that has been sold but the sale has not settled; another is a pending insurance settlement. The lender will want documented evidence, such as the sales contract, before granting indulgence.

Those who suffered a temporary loss of income but can demonstrate that the income has returned to its previous level may be able to structure a “repayment plan.” This plan requires normal mortgage payments to be made as scheduled along with an additional amount that will end the delinquency in no more than 12 to 24 months. In some cases, the additional amount may be a lump sum due at a specific date in the future. Repayment plans are probably the most frequently used type of agreement.

In some cases, it may be impossible to make any payments at all for some time. For those who have a good record with the lender, a “forbearance plan” will allow them to suspend payments or make reduced payments for a specified length of time. In most cases the length of the plan will not exceed 18 months and will stipulate commencement of foreclosure action if the borrower defaults on the agreement.

These plans represent last-ditch efforts by borrower and lender to keep the borrower in the home. They are not a substitute for good financial planning and likely will not be available if the borrower’s payment record is poor. Lenders or servicers may work closely with good borrowers who are having a period of real emergency and hardship, but they are not inclined to cooperate with those who demonstrate little financial discipline.

 
 

How To Sell An Annuity

04 Nov

What is an annuity? An annuity is a regular monthly income stream that a person receives after an initial investment of money. Answering the question, “What is an annuity?” is a lot more complicated, of course. Annuities can be very complex and come in many different forms, so it’s important to learn all you can about them before purchasing and selling. As with everything in life, knowledge is power, so it pays to know more about annuities before you get involved. Once you’ve researched more about them, you can move forward with confidence and make decisions that will benefit you the most.

You must sell an annuity in order to receive a lump sum payment from it – this is the main reason why people sell annuities. Annuities are generally safe investments, but they don’t have high returns, especially when compared to the alternatives. However, they make great short-term investments – it all depends on what you plan to get out of your investment strategy. Diversification is recommended for most people as a way to spread your assets around and reduce risk while increasing the potential for profit.

Oftentimes people sell annuity payments to make a large purchase. Instead of receiving monthly payments you get a full amount in one payment. This can be very helpful if you want to buy a home and finance a large down payment, or purchase a vacation property. The best way to sell an annuity is to find a reliable company to sell it for you. A large company makes annuity selling easier because they have the funds and the experience to make it happen. Of course, there are downsides to selling an annuity through a larger company – you have to pay a fee and you may not get as much for the annuity as you hoped.

You can sell annuity plans in another way, although this isn’t the most popular choice – directly to someone wanting the annuity. Annuity selling through this method involves a lot of legalities in some cases but it’s not impossible to do it on your own. There are many annuity selling opportunities online that can help you sell annuity plans quickly and easily.

There are other ways to sell annuities as well, such as exchanging for other annuities or using them as collateral for a loan. To sell annuity plans you can get rather creative. For example, annuity selling that involves an exchange could work like the following – swap out a smaller payment over a long time period for a larger payment over a shorter term. This is a good option if you can’t sell the structured settlement for a lump sum. You can also make a full swap, if annuity selling doesn’t work out for you. This involves exchanging with a company or individual for an annuity that may be easier for you to sell on your own.

Although the latter method charges more fees and takes longer for all the transactions to be processed, it can yield exactly the results you may be looking for. Using your structured settlement on a loan is not recommended, but if the interest rates are low and you’re willing to go this route, it’s a viable option. This method gives you a higher yield on your annuity and you get the lump sum to use as you please.

 
 

The Car Accident And Whip Lash Injury

03 Nov

Whiplash, a painful neck injury, is usually the result of a car accident but, at one time, it was known as ‘railway spine’, because of injuries received in train accidents. Around 1928, the term, ‘whiplash injury’, was first used. It is a general term for damage to both the bone structure as well as the muscle and soft tissue of the neck. Whiplash associated disorder is a broader term used to describe a more severe, chronic condition.

Anyone who has ever had a whiplash knows the pain that comes with it. For a while, if a person was involved in a car accident and then claimed symptoms of a whiplash injury, he was often regarded with suspicion. Some even went so far as to suggest that complainers were seeking generous insurance settlements. There were sneers that complainants were not suffering from a real injury but were just complaining for monetary gain.

In the past, if there were no broken bones, an actual injury was hard to document as soft tissue injuries did not show up on an x-ray. As a result, insurance companies would deny all coverage. When a patient was really suffering, this just added insult to injury. It didn’t help that their misery was often scoffed at. It was fakery and the patient was a liar, a fraud, or, at the very least, a raving hypochondriac. Some people, who had genuine whiplash injuries and obvious symptoms from car accidents, actually refused to seek medical treatment. They dreaded the raised eyebrows and skepticism that often greeted the symptoms of whiplash. Some said they would rather deal with their pain than the suspicious attitude that was encountered in hospital emergency rooms.

Clinical studies were eventually undertaken to investigate the whiplash issue. The conclusions were, that while there would always be the unscrupulous few who were trying to exploit an insurance company, most claims were legitimate and a whiplash caused pain and some long term damage. It was vindication for the injured; a whiplash was a real injury with real symptoms.

Consider How It Happens
Most whiplash injuries occur as a result of a riding in a car which collides with another vehicle or is hit from behind. The head is suddenly jerked forward and then back, stretching the ligaments and muscles, which can be torn. In a rear end collision, the victim’s car is pushed forward and then, if he has his foot on the brake or his car slams into the one in front of him, there’s another sudden jolt, snapping his body forward while his head snaps back, stretching and damaging the muscles and cervical spine a second time. If the victim is not wearing a seatbelt, he may hit the steering wheel with force or strike the windshield. The neck is most vulnerable to injury in this type of accident but the muscles of the upper back may also be damaged. Studies show that a whiplash injury can be the result of an accident, even at a speed of 15 mph.

Injuries
• The cervical discs, the soft cushion between each vertebrae can bulge, tear or rupture.
• The cervical vertebrae can be popped and forced out of position
• The spinal cord and nerve roots can be stretched and irritated.
• The muscles and ligaments that support the neck can be stretched or torn.
• Inflammation of soft tissues develops as a result of nerve root compression
• Muscles of the upper back can be over-stretched.

Car accidents are the most common cause of whip lash injuries but a sports injury, such as a skiing accident, can also cause these painful symptoms.

 
 

FHA and VA Financing / the Way Your Offer Should Be Structured

02 Nov

If you purchasing a home and you are obtaining a VA or FHA loan to do so, that information must be included in your written offer. This is necessary on these government insured mortgages because these mortgages place additional financial cost and performance obligations on the seller.

FHA and VA insured mortgages prohibit buyers from paying certain types of fees that are often charged by escrow companies, lenders, settlement agents, etc,.  These fees are called non-allowable fees. The fees still get charged but as the buyer, you are not allowed to pay for them. What results is that the seller ends up paying the fees instead of you.

Most of these non-allowable fees are charged by your lender.  Before you make an offer you should have already been pre-qualified for financing by a loan officer. If you are buying a DFW For Sale By Owner Property or your DFW Realtor can ask how much the lender’s non-allowable fees will be. Experienced Realtors should also have an idea of what non-allowable fees will be charged by their preferred escrow company and title insurance company. 

Since these are fees the seller would not usually pay on a sale with a conventional mortgage this information must be included in your written offer. Realize that since the seller will be paying these additional fees, they may be less negotiable on their price of their DFW Home for sale. You can have your Realtor search the powerful DFW MLS for property listings that advertize that the seller is willing to pay a certain amount of closing cost on the buyer’s behalf.

 
 

How do you find the right structured settlement broker

02 Nov

If you’ve come to this stage of your search, you’ve already made the decision to either sell your structured settlement payment or to find a broker to deal with the company that is paying out your structured settlement, either way; you know you need to make the right decision. Of course it is, choosing someone to broker your structured settlement is pivotal to maintain a healthy financial situation currently and in the future. Depending on whom you choose you can feel safe in your investment and decisions or petrified. Finding the right structured settlement broker, is as simple as knowing exactly what you should expect from a professional structured settlement broker. So, to find you the perfect broker, we’ve discussed in the following article exactly what your structured settlement broker should be doing for you. Before you accept a broker, please make sure that all the services we are discussing is something they offer in their own services to you.

A structured settlement broker can help you gain a fair value of the costs and projected income that you will receive from a specific structured settlement. Your broker, ideally, should be giving you all the information that you need to make a wise decision for your future lifestyle and monetary needs. Another responsibility of your structured settlement broker is to do financial analysis for you, derive all of the present and future costs of your settlement, and interacts with the Medicaid and to negotiate with and on your behalf to get the best possible settlement for you. If you have not yet decided the contractual terms of your structured settlement plans then your broker will work with your attorneys or in most cases have their own legal team work out the details to avoid numerous litigation costs for you.

A broker should ideally sit down with your attorney and discuss all the financial implications of your case. Having an expertise in this field will better enable them to estimate the medical expenses endured, present income and a loss of income for the bodily injuries that were created while this court case was in process and before the court case actually begun. Even after the court case has been completed, your broker should be there making sure that the negotiation process was followed accurately and according to the official guidelines that were originally asked for. With a structured settlement broker, your attorney will be able to create a powerful case for you in which ever matter is currently pending. Due to the fact that not all attorneys are experts in structured settlements, it is important to have someone who will guide them in that specific area.

A broker for a structured settlement firm will be able to offer you various payment options and explain the difference between each one, according to your specific life-style and future monetary needs and depending on the injury that you currently sustained, they can offer you the best course of action. Make sure that your broker sits down with you and explains everything to you before getting an official declaration for the structured settlement plan. Only if these few requirements are met of your broker, then you should hire him. Remember, this is an important decision that should not be taken lightly.

 
 

What Are Personal Injury Claim Structured Settlements?

01 Nov

A structured settlement, in the most basic definition, is an arrangement made with a plaintiff in a personal injury lawsuit that allows the plaintiff to recover their judgment over a longer stretch of time instead of as a single lump sum payment. There are specific reasons why a structured settlement can be a very good option, and there are situations where a structured settlement probably isn’t worth it.

First off, it’s important to understand the overall benefits of a structure settlement. With a structured settlement, you are not required to pay taxes on the disbursements. This avoids the large tax payment you would probably need to make on a lump sum payment.

Receiving a lump sum payment can also make you a target. Whether it’s a long lost relative who suddenly has a need for cash, or whether it is a con artist that follows court proceedings to find potential victims, a structured settlement helps you avoid some of the hazards of a lump sum payment.

A structured settlement can also help provide security to you. With a lump sum, there is always the danger that you could make a poor investment and lose it all, or that you could simply overspend. A structured settlement insures that you receive compensation over the long haul.

On top of all of that, a structured settlement can also be beneficial for the defendant. In many cases, a defendant may not have enough to pay a lump sum. This can help to insure that you’ll actually receive your payment.

There are many factors that should go into the decision on whether or not to accept a structured settlement. For example, if your ability to work has been diminished because of the personal injury, you may definitely want to consider a structured settlement. The same is true if it is expected that your health will continue to deteriorate over time. If your medical liabilities will increase, it is important to have a way, in the future, to cover them.

On the other hand, if you have accrued a large amount of debt as a result of your personal injury, it can be worth considering a lump sum payment. Also, a lump sum payment may allow you to, over time, actually receive more money if you can invest it wisely. Weighing all of these factors with your family, attorney and financial planner can help you decide whether a structured settlement is right for you.

Edward Cunningham is an experienced personal accident claims writer with a number of years experience. He has written several articles on accident injury claims.