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Learn About a Lawsuit Pre-Settlement Loan

 30 October 2009 |  156 views |  18 Comments
Learn About a Lawsuit Pre-Settlement Loan

In the United States lawsuits are a common occurrence. Civil lawsuits can be filed for a wide range of reasons, including but not limited to personal injury, wrongful death, neglect, sexual harassment, civil rights, class action and many more. Many of these lawsuits brought forth to the civil court system can be considered frivolous, meaning they have no merit but to attempt to get money. However, for plaintiffs in civil lawsuits with merit they can find themselves in a situation that can take months if not years to resolve. If your lawsuit is related to injury or wrongful death you might have taken a serious financial blow, whether it’s due to you not being able to work anymore or loss of a family member’s financial support. In a situation like this a plaintiff in a lawsuit does have a solution that might be right for them; a lawsuit pre settlement loan.

The concept of a lawsuit pre settlement loan is quite simple. A company or group of investors buy interest into pending lawsuits by giving cash loans to the plaintiff, in return they receive the cash loan back, plus interest and fees if they plaintiff wins their lawsuit. In theory, this sounds like an easy business practice, but since lawsuit settlement loan providers take a big risk not all lawsuit cases can get funding. The risk I’m referring to is that lawsuit settlement loans are non-recourse debts. Lawsuit settlement loans are considered non-recourse debts because if your lawsuit verdict is in favor of the defendant you are not required to pay back the loan. That’s right, if the plaintiff does not win their lawsuit they are not required to pay back anything to the lawsuit settlement loan provider. So lawsuit settlement loan providers do their best to stay away from frivolous lawsuits.

Now, in light of the risk that a lawsuit settlement loan provider takes it should be noted that the fees and interest rates charged on these types of loans aren’t that low. Some charge anywhere from 2.9% to 8.9% or more, per month on the loaned amount. There is usually a one-time fee based on the amount that is loaned, which can range from $100 to $7000. Most plaintiffs are only able to get a loan at 10% or less of what their lawsuit is actually worth. This helps protects the plaintiff from owing more if they win their lawsuit then what is actually awarded by the judge or jury. In light of understanding how you are charged for a lawsuit settlement loan it should help you decide if it’s right for you.

Getting approved for a lawsuit settlement loan isn’t the same as a traditional loan. Your employment history, income amount and credit history do not play a role in the approval process. Remember, as we learned earlier they base their loans on the actual merit of the lawsuit case. A lawsuit settlement loan provider will review your current case and speak with your attorney prior to approving or denying the loan. It’s a good idea to give your attorney notice you apply for a lawsuit settlement loan to keep the process smooth, and to make sure any agreements with your attorney won’t be broken by accept a lawsuit settlement loan. At the end of the day, it’s up to the plaintiff to decide if a lawsuit settlement loan is right for them, everything should be discussed with family members and a financial advisor if one is available.

Watch the video related

The unemployment rate continues to rise and many people are considering tapping into their retirement savings, or taking a loan against their 401(k) plan. Author Lynette Khalfani-Cox offers some guidance. (March 13)

Help answer the question

What Loan company will take over my federal student loans when the loans are in forbearance?
What Loan company will take over my federal student loans when the loans are in forbearance so I can go back to school?
My loans are government loans from Saillie Mae. I owe them under $5000.
I heard about this company that will take over your school loans from them but I don't know the name of the company.

loans


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18 Comments »

  • jguerrero14 said:

    only if their credit allows it, if they are not capable of taking on your loan on top of what they're already paying, then most banks wouldn't allow it.

  • Dat_1_Chiq said:

    When your federal educational loans are in default, you have several options:

    You can repay the loan in full.
    You can negotiate a new payment plan with your lender.
    You can "rehabilitate" your loan.
    You can consolidate your loan.

    Obviously option one is rarely attractive or possible for defaulted borrowers.

    Option two (renegotiate) should be investigated fully – most borrowers skip this step, but it's probably the best option for most people. Call your lender and ask to speak to someone in the "Workout" Department. Explain your situation to them (there's nothing unusual about it) and ask what options are available to you for switching to a graduated, extended or income-sensitive repayment plan. If your lender will agree to change your repayment plan, a few regular payments will get your default status removed, and the new plan may be easier for you to keep up with.

    Option three (rehabilitation) is really a specific form of a workout agreement. It probably won't help you much in your situation, because it requires an agreement between you and the lender that will allow you to make 9 consecutive on-time payments of some agreed-upon amount.

    Option four is everyone's favorite, but you must absolutely understand what a consolidation loan will do. To keep this utterly simple – a consolidation loan is a brand new loan that will pay off your old, defaulted loan. A consolidation loan MAY lower your monthly payments, but understand how this works. A consolidation loan never lowers your payments by wiping away some of your debt – a consolidation loan lowers your payments by stretching out the length of your loan. If you pay less every month, you'll make many additional monthly payments, and – in the end – you'll pay far more back than you would have paid on the original loan.

    As an example: Suppose I lent you $100 and you agreed to pay me back in 2 weeks by paying me $50 a week. You came back a few days later and explained that you weren't going to be able to afford to pay me $50 – is there something else we could do? "Oh, absolutely," I'd say, gallantly. "Instead of paying me $50 a week for 2 weeks, how about if you only pay me $10 a week for 17 weeks?"

    See – in the end, you'll pay me back $170 instead of $100 – that's how a consolidation loan works. But remember – we're not talking a $100 loan for a couple of weeks – by the time you pay that $5000 loan of yours back over many years, you'll pay a few thousand more than you might have paid if you didn't consolidate that loan.

    I've attached some information about consolidating from the Department of Education – take a few minutes to read it over. If you do choose to go this route, be sure to consolidate with a reputable lender (or directly with the government) and not with some fly-by-night operation that you learn about from some pay-per-click site shilled on Yahoo! Answers.

    Good luck to you!

  • WPMixer said:

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  • jlbilby said:

    j:

    As long as you remain a full-time student, you will continue to qualify for "in-school deferment". You won't have to begin paying your loans back until you finish law school.

    The only requirement is that you remain registered at least half-time at an eligible institution, and that you don't take more than 6 months off at any time during your schooling.

    By the way – this is an automatic feature of government-backed student loans (Stafford/Perkins/PLUS), but it is not necessarily characteristic of all private loans. Also remember that the in-school deferment requires attendance at an "eligible" school. Some students have pursued law or medical degrees at foreign universities, only to discover that some of these schools are not participants in the Federal Student Aid program, and therefore, ineligible for in-school deferment.

    I hope that helps – good luck to you!

  • Wordpress said:

    Unfortunately savings and CDs don’t make much. In fact they probably won’t keep up with inflation . . . . especially hyper -inflation to brought on by the government printing money to “stimulate” the economy. I was one of the dumb ones who put money in the stock market in several years ago and have see about 40% of it disappear. I haven’t even looked at it in a few months.

  • ronidl76 said:

    In an interest-only loan or mortgage the borrower only pays interest each month. This makes it cheaper than a conventional mortgage, in which part of each month's payment goes towards the principal and part goes towards interest. These loans have become popular because the monthly payments are lower, allowing borrowers to afford a larger home.
    However, these loans can be dangerous, especially in a down housing market. The interest rates are generally fixed for the first 1, 3 or 5 years. After that, they convert to a conventional loan, with a higher monthly payment. Most borrowers take on these loans because they assume they will sell the home before the interest rate increases. In a down market, they may not be able to sell. If they cannot afford the increased payment, they may have to default on the loan, and foreclose on the home. So, when the rate starts to adjust, you would need to refinance again. And, either get a fixed or another interest only adjustable. And, yes, I do believe you mean ARM. Although, if you have extra money every so often, you can pay down the principal in extra payments.

  • rails said:

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  • guzen said:

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  • nacao said:

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  • Free Blog said:

    hey tommboy6494, are you absolutely sure that you are 100% Christian. Looking at all these Vulgar comments is making me think that you are not portraying yourself as a true Christian or someone that comes from a Christian family. I think you would fit a religion made especially for you and it is called Scum.

  • cassie c said:

    To get a student loan, your first step is to fill out the Free Application for Federal Student Aid (FAFSA). You should submit your FAFSA as soon as possible – you can make estimates and correct the details later.

    Once you’ve completed your FAFSA, you’ll want to visit your school’s student aid office. Ask what kind of aid you might expect.

    Try this site

    http://free-college-information-usa.blogspot.com/

    Free College information on financial aid for students, scholarship, student loans and more.

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  • tomiko said:

    With 20 years experience in the mortgage business, I have never seen a student loan that was in repayment treated any differently than any other long term debt. While you may be able to ask for a hardship deferal in the future, which is the only advantage on a student loan that doesn't exist on a standard installment loan, no lender wants to anticipate that circumstance. As long as the payments extend past 10 months in the future, the lender will only use your monthly payment as part of your qualifying ratios. The total debt is not that important and would only be a minor factor. What will matter more is your payment history on the student loan: it should be perfect. It all comes down to the quality of your credit history (your FICO score) and your qualifying ratios of debt/income.

    Try this site

    http://free-college-information-usa.blogspot.com/

    Free College information on financial aid for students, scholarship, student loans and more.

  • Dat_1_Chiq said:

    No one will "take over" your loans. You will still owe the money to your lender when you are in forbearance. They will simply add interest every month while you are making payments.

    If you are asking about defaulting the lender will just contract out with a collection agency to start calling and hounding you to mail them payments. If you make 6 to 12 months worth of willing and reasonable payments you can ask your lender to "rehabilitate" your loan. This is when you are issued a new loan and pay off the one in default so you can get federal fin aid again. Again, rehabilitation can only be done after you have made 6 to 12 months of payments.

  • Blogger said:

    Or we could have been drilling here all these years, but instead we greatly restrict the oil companies and have fallen far behind demand. We have lots of oil that is off limits. If we drilled more in the ocean floor we could relieve the oil pressure and reduce seepage of oil into the ocean, and at the same time supply our need for fuel. China drills off the Florida coast for Cuba while we can’t. One way or the other it will be drilled.

  • Lyric said:

    I am in the same situation as you. Here is what I did.

    Fill out your FASFA form online (www.fafsa.ed.gov). Add all the schools that you intend to attend on your FASFA. Different schools have different deadlines to have your FASFA submitted. The earlier you submit your FASFA the better so that you can meet the deadline for all the schools. You must obey your school's deadline not the federal deadline for your state. The school receives money from the FED and they prepare a financial aid package for all the students that meet their deadline and that are accepted. The student package consist of scholarship, Stafford and Perkin loans. This all depends on your family's expected contribution toward your education. Whatever amount extra that you need you have to get a private student loan which is credit base. Your parents could also take a student loan on your behalf. For private student loans try Discover student loans and sallimae as. Your school should have a list of all the lenders that offers private student loans as well as a list of scholarships that you can apply for. Good Luck !!!!

    If your expected family contribution is zero and you are interested in working in undeserved communities after you graduate for a free education. Check out the following link:

    http://bhpr.hrsa.gov/nursing/scholarship/applicantbulletin/default.htm#benefits

    ss

  • psychic said:

    I was one of the smart ones and pulled my money out when the market hit 14000 back in october 07 when it hit that mark for the second time three months after I lost my job. I see people who have been putting in money since 97 get most of there retirement nearly wiped out and she says leave it there. good idea if you lost alot of it. if not put it in a savings account where its truely safe

  • bbrrpf said:

    You know what my answer to this problem is? I am joining the Marine Corps. I'm gonna be programming. There are plenty of different jobs in the Corps other than just killing ppl. So if I were you I'd go to marines.com and search for your nearest recruiter to see what they could do for you. What do you have to lose by talking to a recruiter. Nothing.

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