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What Is a Collateral Assignment of Life Insurance?

Charlene Rhinehart is a CPA , CFE, chair of an Illinois CPA Society committee, and has a degree in accounting and finance from DePaul University.

A collateral assignment of life insurance is a conditional assignment appointing a lender as an assignee of a policy. Essentially, the lender has a claim to some or all of the death benefit until the loan is repaid. The death benefit is used as collateral for a loan.

The advantage to using a collateral assignee over naming the lender as a beneficiary is that you can specify that the lender is only entitled to a certain amount, namely the amount of the outstanding loan. That would allow your beneficiaries still be entitled to any remaining death benefit.

Lenders commonly require that life insurance serve as collateral for a business loan to guarantee repayment if the borrower dies or defaults. They may even require you to get a life insurance policy to be approved for a business loan.

Key Takeaways

• The borrower of a business loan using life insurance as collateral must be the policy owner, who may or may not be the insured.
• The collateral assignment helps you avoid naming a lender as a beneficiary.
• The collateral assignment may be against all or part of the policy's value.
• If any amount of the death benefit remains after the lender is paid, it is distributed to beneficiaries.
• Once the loan is fully repaid, the life insurance policy is no longer used as collateral.

How a Collateral Assignment of Life Insurance Works

Collateral assignments make sure the lender gets paid only what they are due. The borrower must be the owner of the policy, but they do not have to be the insured person. And the policy must remain current for the life of the loan, with the policy owner continuing to pay all premiums . You can use either term or whole life insurance policy as collateral, but the death benefit must meet the lender's terms.

A permanent life insurance policy with a cash value allows the lender access to the cash value to use as loan payment if the borrower defaults. Many lenders don't accept term life insurance policies as collateral because they do not accumulate cash value.

Alternately, the policy owner's access to the cash value is restricted to protect the collateral. If the loan is repaid before the borrower's death, the assignment is removed, and the lender is no longer the beneficiary of the death benefit.

Insurance companies must be notified of the collateral assignment of a policy. However, other than their obligation to meet the terms of the contract, they are not involved in the agreement.

Example of Collateral Assignment of Life Insurance

For example, say you have a business plan for a floral shop and need a $50,000 loan to get started. When you apply for the loan, the bank says you must have collateral in the form of a life insurance policy to back it up. You have a whole life insurance policy with a cash value of $65,000 and a death benefit of $300,000, which the bank accepts as collateral.

So, you then designate the bank as the policy's assignee until you repay the $50,000 loan. That way, the bank can ensure it will be repaid the funds it lent you, even if you died. In this case, because the cash value and death benefit is more than what you owe the lender, your beneficiaries would still inherit money.

Alternatives to Collateral Assignment of Life Insurance

Using a collateral assignment to secure a business loan can help you access the funds you need to start or grow your business. However, you would be at risk of losing your life insurance policy if you defaulted on the loan, meaning your beneficiaries may not receive the money you'd planned for them to inherit.

Consult with a financial advisor to discuss whether a collateral assignment or one of these alternatives may be most appropriate for your financial situation.

Life insurance loan (policy loan) : If you already have a life insurance policy with a cash value, you can likely borrow against it. Policy loans are not taxed and have less stringent requirements such as no credit or income checks. However, this option would not work if you do not already have a permanent life insurance policy because the cash value component takes time to build.

Surrendering your policy : You can also surrender your policy to access any cash value you've built up. However, your beneficiaries would no longer receive a death benefit.

Other loan types : Finally, you can apply for other loans, such as a personal loan, that do not require life insurance as collateral. You could use loans that rely on other types of collateral, such as a home equity loan that uses your home equity.

What Are the Benefits of Collateral Assignment of Life Insurance?

A collateral assignment of a life insurance policy may be required if you need a business loan. Lenders typically require life insurance as collateral for business loans because they guarantee repayment if the borrower dies. A policy with cash value can guarantee repayment if the borrower defaults.

What Kind of Life Insurance Can Be Used for Collateral?

You can typically use any type of life insurance policy as collateral for a business loan, depending on the lender's requirements. A permanent life insurance policy with a cash value allows the lender a source of funds to use if the borrower defaults. Some lenders may not accept term life insurance policies, which have no cash value. The lender will typically require the death benefit be a certain amount, depending on your loan size.

Is Collateral Assignment of Life Insurance Irrevocable?

A collateral assignment of life insurance is irrevocable. So, the policyholder may not use the cash value of a life insurance policy dedicated toward collateral for a loan until that loan has been repaid.

What is the Difference Between an Assignment and a Collateral Assignment?

With an absolute assignment , the entire ownership of the policy would be transferred to the assignee, or the lender. Then, the lender would be entitled to the full death benefit. With a collateral assignment, the lender is only entitled to the balance of the outstanding loan.

The Bottom Line

If you are applying for life insurance to secure your own business loan, remember you do not need to make the lender the beneficiary. Instead you can use a collateral assignment. Consult a financial advisor or insurance broker who can walk you through the process and explain its pros and cons as they apply to your situation.

Progressive. " Collateral Assignment of Life Insurance ."

Fidelity Life. " What Is a Collateral Assignment of a Life Insurance Policy? "

Kansas Legislative Research Department. " Collateral Assignment of Life Insurance Proceeds ."

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What Is Collateral Assignment of Life Insurance?

Collateral assignment of life insurance designates a lender as the assignee of a policy, granting them the right to part or all of the death benefit until the loan is repaid.

Nathan Paulus

Director of Content Marketing, MoneyGeek

Nathan Paulus is the Head of Content Marketing at MoneyGeek, with nearly 10 years of experience researching and creating content related to personal finance and financial literacy. Paulus has a bachelor's degree in English from the University of St. Thomas, Houston. He enjoys helping people from all walks of life build stronger financial foundations.

Casie McCoskey

Content Editor

Casie McCoskey is a professional editor passionate about providing people with accessible information on personal finance. Before MoneyGeek, she worked in the legal field, drafting and editing briefs and motions.

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Updated: June 5, 2024

• How It Works
• Overview of Application Process

Pros and Cons

• Impact on Beneficiaries
• Alternatives

Related Content

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Collateral assignment of life insurance is an arrangement where a policyholder uses the face value of their life insurance policy, which can be a term or permanent life insurance policy, as collateral to secure a loan. If the policyholder dies before they pay off the loan, the lender is prioritized to receive a portion of the death benefit equivalent to the outstanding loan balance. The remaining benefit then goes to the policy's beneficiaries. This agreement ensures that life insurance collateral assignment acts as a safety net for both the lender and the beneficiaries.

• Collateral assignment involves using a life insurance policy as security for a loan, where the lender has a claim on the death benefit if the borrower defaults or passes away before repaying the loan.
• The lender receives priority over the death benefit, which means they are paid first from the policy's payout before any beneficiaries if the loan remains unpaid.
• Various life insurance policies, including term, whole and universal, can be used for collateral assignment, depending on the insurance company's policies and the policy's value.
• If a life insurance policy lapses or is canceled during a collateral assignment, it can breach the loan agreement, potentially resulting in immediate repayment demands.

How Collateral Assignment of Life Insurance Works

The collateral assignment allows you to use your life insurance policy as security for a loan. The process involves legally designating your policy as collateral, which means if you pass away before fully repaying the loan, the lender can claim the death benefit to cover the remaining balance. You start by choosing either a term policy or whole life insurance and then complete a collateral assignment agreement. This agreement is legally binding and sets the terms for the lender to access the death benefit .

For your beneficiaries, the assignment of your life insurance policy as collateral could reduce the death benefit they receive. If you die with an outstanding loan balance, the lender is paid first from the policy's proceeds. Any remaining amount goes to your beneficiaries only after the loan is settled.

For example, a policyholder with a $500,000 policy uses their life insurance as collateral for a $200,000 loan. If the policyholder dies before settling the loan, the lender will receive $200,000 from the policy's death benefit. Meanwhile, the remaining $300,000 gets disbursed to the policy's beneficiaries.

Roles of the Policyholder, Lender and Insurance Provider

Role of the Policyholder

• Ensure consistent premium payments to keep the policy active and in force.
• Inform the lender of any policy changes, such as lapses or surrenders.
• Understand that active management upholds the collateral agreement's integrity.

Role of the Lender

• Accept the life insurance policy as collateral.
• Right to recover owed amounts from the policy's death benefit if the policyholder dies before loan repayment.
• Priority claim on the death benefit, with remaining funds disbursed to beneficiaries.
• Responsible for releasing the assignment after full loan repayment.

Role of the Insurance Provider

• Approve or reject the collateral assignment of the policy.
• Evaluate and ensure compliance with policy terms.
• Officially record the assignment as part of the policy.

Applying for Collateral Assignment

Applying for collateral assignment is a process moderated by your life insurance company designed to secure loans using your life insurance policy as collateral. It involves a series of steps:

Obtain a Collateral Assignment Form

Request a collateral assignment form from your life insurance provider. This form is vital for designating the lender as a collateral beneficiary for the loan amount. Ensure you obtain the correct form, as forms vary based on policy type and insurer.

Fill Out the Form Correctly

Complete the form with accurate details, including policy number, loan amount and lender information. Pay close attention to all sections to avoid errors that could delay or invalidate the assignment. Incomplete or incorrect information can lead to processing delays or rejection.

Sign the Paperwork

Ensure both the policyholder and lender sign the form, confirming the agreement. This dual signature legally binds both parties to the terms of the collateral assignment. Any discrepancy in signatures may question the form's validity.

Submit the Completed Form

Submit the signed form back to the insurance company for processing. Consider using a traceable delivery method for submission to confirm receipt. Delays in submission can impact the timeline of the loan approval process.

Await Approval or Rejection From the Insurance Company

Wait for the insurer to review and approve or reject the collateral assignment. The insurer may request additional information or clarification, which can extend the approval timeline.

Receive a Letter of Acknowledgment

You and your lender will receive a letter of acknowledgment from the insurer if your collateral assignment application is approved.

Obtaining Required Documentation

The required documentation for collateral assignment of life insurance is straightforward. Typically, you'll need to provide two main types of documents for the assignment of a life insurance policy as collateral:

• Collateral Assignment Form: This form is critical because it officially transfers a portion of your life insurance policy benefits to the lender as collateral. It demonstrates to the lender that you have taken the steps to secure your loan against your life insurance policy.
• Original Life Insurance Policy and Proof of Loan: Lenders may require your original life insurance policy to ensure it is valid and enforceable. Proof of the loan agreement or obligation, such as a mortgage note or other loan document, is also commonly required. This establishes the legitimacy of your loan and substantiates the life insurance collateral assignment.

If you need more clarification about documentation requirements, contact your lender to confirm the necessary details to avoid process delays.

Pros and Cons of Collateral Assignment

Using life insurance as collateral can offer a range of benefits and potential drawbacks. Collateral assignment of a policy allows you to secure loans and is often safer than using physical assets as collateral. However, you should also note the inherent risks, primarily that the lender retains the first right to your policy’s death benefit upon your death.

• Lower interest rates on loans.
• Allows you to use the policy and not physical assets as collateral.
• The cash value of your insurance policy continues to grow.
• The lender has the first right to the death benefit.
• Failure to repay the loan can reduce or even eliminate the death benefit.
• Any lapse or cancellation of the policy may lead to violating the loan terms.

Impact of Collateral Assignment on Beneficiaries

While the collateral assignment of life insurance has its benefits, it’s important to remember that it can impact the amount your beneficiaries receive. If you pass away with an outstanding balance on your loan:

Your Lender Will Be Paid First

In the collateral assignment arrangement, the lender is designated as the collateral beneficiary holding the primary claim to the death benefit for the outstanding loan amount. This means if you pass away before fully repaying the loan, the lender is entitled to receive payment from the death benefit first. The amount collected by the lender is limited to the remaining loan balance.

Any Remaining Death Benefit Will Be Disbursed to Your Beneficiaries

After the lender's claim is satisfied, the remaining death benefit is disbursed to your policy’s designated beneficiaries. The amount they receive depends on the loan balance at the time of your death. If the loan balance is substantial, your beneficiaries will receive significantly less than the policy's total death benefit.

This structure underscores the importance of carefully considering life insurance collateral loans and their impact on future financial planning. Policyholders using life insurance as collateral need to understand the terms set forth by loan companies that accept it.

Alternatives to Collateral Assignment

Alternatives to collateral assignment include personal loans , home equity loans or surrendering the life insurance policy for its cash value. None of these options require using life insurance as collateral, and each offers different benefits and risks compared to using life insurance as collateral.

FAQ About Collateral Assignment

These questions cover various topics related to collateral assignments, including their requirements, implications for beneficiaries and what happens in different scenarios.

A collateral assignment is a contractual arrangement in which a borrower uses their life insurance policy as collateral for a loan. This agreement grants the lender rights to the policy’s death benefit. The lender is prioritized over other beneficiaries until the loan is repaid in full.

In the context of a life insurance collateral assignment, the collateral is the policy's death benefit. This setup allows lenders to be listed as collateral beneficiaries, guaranteeing that they can recover the outstanding loan balance from the death benefit in the event of the borrower’s death before the debt is fully paid.

In a life insurance contract, a collateral assignment allocates the policy's death benefit as security for a loan. This means that if the borrower dies before repaying the loan, the lender, as the collateral assignee of the life insurance, can claim the owed amount from the death benefit. The remaining balance, if any, goes to the designated beneficiaries, ensuring the loan is covered without affecting other assets.

Collateral assignment allows a lender to claim the life insurance death benefit for an outstanding loan amount while naming a life insurance beneficiary designated who receives the death benefit. The lender's claim is prioritized over the beneficiaries' in collateral assignment.

Most types of life insurance policies , including term, whole and universal life, can be used for collateral assignment, provided the insurance company allows it and the policy has sufficient value.

Yes, the policyholder can change beneficiaries after a collateral assignment, but the lender's right to the death benefit amount remains until the loan is repaid. This ensures the lender's position as a collateral beneficiary.

Canceling your life insurance policy before repaying the debt can lead to a breach of the collateral assignment loan agreement. This action may prompt the lender to increase your interest rate or demand immediate repayment of the outstanding loan balance.

These related sections offer additional insights into concepts and alternatives connected to collateral assignments and life insurance:

Using Collateral for a Personal Loan — This link explains how to use various types of collateral for securing a personal loan, providing a broader context to the specific use of life insurance as collateral.

Term vs. Permanent Life Insurance — This resource compares term and permanent life insurance, helping to understand which policies can be used for collateral assignments.

Permanent Life Insurance — This page details permanent life insurance, a type commonly used in collateral assignments due to its cash value component.

Life Insurance Calculator — This page helps you calculate the appropriate amount of life insurance coverage needed, which is crucial when considering using a policy for collateral.

About Nathan Paulus

Nathan Paulus is the Head of Content Marketing at MoneyGeek, with nearly 10 years of experience researching and creating content related to personal finance and financial literacy.

Paulus has a bachelor's degree in English from the University of St. Thomas, Houston. He enjoys helping people from all walks of life build stronger financial foundations.

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Secured loans are often used by individuals needing financial resources for any reason, whether it’s to fund a business, remodel a home or pay medical bills. One asset that may be used for a secured loan is life insurance. Although there are pros and cons to this type of financial transaction, it can be an excellent way to access needed funding. Bankrate’s insurance editorial team discusses what a collateral assignment of life insurance is and when it might—or might not—be the best loan option for you.

What is collateral assignment of life insurance?

A collateral assignment of life insurance is a method of securing a loan by using a life insurance policy as collateral . If you pass away before the loan is repaid, the lender can collect the outstanding loan balance from the death benefit of your life insurance policy . Any remaining funds from the death benefit would then be disbursed to the policy’s designated beneficiary(ies).

Why use life insurance as collateral?

Collateral assignment of life insurance may be a useful option if you want to access funds without placing any of your assets, such as a car or house, at risk. If you already have a life insurance policy, it can be a simple process to assign it as collateral. You may even be able to use your policy as collateral for more than one loan, which is called cross-collateralization, if there is enough value in the policy.

Collateral assignment may also be a credible choice if your credit rating is not high, which can make it difficult to find attractive loan terms. Since your lender can rely on your policy’s death benefit to pay off the loan if necessary, they are more likely to give you favorable terms despite a low credit score.

Pros and cons of using life insurance as collateral

If you are considering collateral assignment, here are some pros and cons of this type of financial arrangement.

• It may be an affordable option, especially if your life insurance premiums are less than your payments would be for an unsecured loan with a higher interest rate.
• You will not need to place personal property, such as your home, as collateral, which you would need to do if you take out a secured loan. Instead, if you pass away before the loan is repaid, lenders will be paid from the policy’s death benefit. Any remaining payout goes to your named beneficiaries.
• You may find lenders who are eager to work with you since life insurance is generally considered a good choice for collateral.
• The amount that your beneficiaries would have received will be reduced if you pass away before the loan is paid off since the lender has first rights to death benefits.
• You may not be able to successfully purchase life insurance if you are older or in poor health.
• If you are using a permanent form of life insurance as collateral, there may be an impact on your ability to use the policy's cash value during the life of the loan. If the loan balance and interest payments exceed the cash value, it can erode the policy's value over time.

What types of life insurance can I use as collateral for a loan?

You may use either of the main types of life insurance— term and permanent —for collateral assignment. If you are using term life insurance, you will need a policy with a term length that is at least as long as the term of the loan. In other words, if you have 20 years to pay off the loan, the term insurance you need must have a term of at least 20 years.

Subcategories of permanent life insurance, such as whole life , universal life and variable life, may also be used. Depending on lender requirements, you may be able to use an existing policy or could purchase a new one for the loan. A permanent policy with cash value may be especially appealing to a lender, considering the added benefit of the cash reserves they could access if necessary.

How do I take out a loan using a collateral assignment of life insurance?

If you already have enough life insurance to use for collateral assignment, your next step is to find a lender who is willing to work with you. If you don’t yet have life insurance, or you don’t have enough, consider the amount of coverage you need and apply for a policy . You may need to undergo a medical exam and fill out an application .

Once your policy has been approved, ask your insurance company or agent for a collateral assignment form, which you will complete and submit with your loan application papers. The form names your lender as an assignee of the policy—meaning that they have a stake in its benefits for as long as the loan exists. You will also name beneficiaries or a single beneficiary, who will receive whatever is left over from the death benefits after the loan is repaid.

Note that you will need to stay current on your life insurance premium payments while the collateral assignment is active. This will be stated in the loan agreement, and failure to do so could have serious repercussions.

Alternatives to life insurance as collateral

If you are considering a collateral assignment of life insurance, there are a few alternative funding options that might be worth exploring. Since many factors determine each option, working with a financial advisor may be the best way to find the ideal solution for your situation.

Unsecured loan

Depending on your situation, an unsecured loan may be more affordable than a secured loan with life insurance as collateral. This is more likely to be the case if you have good enough credit to qualify for a low-interest rate without having to offer any type of collateral. There are many different types of unsecured loans, including credit cards and personal loans.

Secured loan

In addition to life insurance, there are other items you can use as collateral for a secured loan . Your home, a car or a boat, for example, could be used if you have enough equity in them. Typically, secured loans are easier to qualify for than unsecured, since they are not as risky for the lender, and you are likely to find a lower interest rate than you would with an unsecured loan. The flip side, of course, is that if you default on the loan, the lender can take the asset that you used to secure it and sell it to recoup their losses.

Life insurance loan

Some permanent life insurance policies accumulate cash value over time that you can use in different ways. If you have such a policy, you may be able to partially withdraw the cash value or take a loan against your cash value. However, there are implications to using the cash value in your life insurance policy, so be sure to discuss this solution with a life insurance agent or your financial advisor before making a decision.

Home equity line of credit (HELOC)

A home equity line of credit (HELOC) is a more flexible way to access funds than a standard secured loan. While HELOCs carry the downside of risking your home as collateral, you retain more control over the amount you borrow. Instead of receiving one lump sum, you will have access to a line of credit that you can withdraw from as needed. You will only have to pay interest on the actual amount borrowed.

Frequently asked questions

What is the best life insurance company, what type of loans are collateral assignments usually associated with, what are other common forms of collateral, what are the two types of life insurance assignments.

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Home > Finance > What Is Collateral Assignment Of Life Insurance

What Is Collateral Assignment Of Life Insurance

Published: November 22, 2023

Discover the benefits of collateral assignment of life insurance and how it can impact your finance. Gain valuable insights into this powerful financial strategy.

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Table of Contents

Introduction, definition of collateral assignment of life insurance, how collateral assignment works, reasons for using collateral assignment of life insurance, benefits and drawbacks of collateral assignment of life insurance, comparison with other forms of collateral, examples of collateral assignment of life insurance, important considerations before using collateral assignment.

When it comes to securing a loan, financial institutions often require borrowers to provide collateral as a form of security. Collateral helps mitigate the lender’s risk by providing an asset that can be seized and sold in the event of default. While real estate and vehicles are common forms of collateral, there is another valuable asset that can be used – life insurance.

In the world of finance, the collateral assignment of life insurance has gained popularity as a means of securing loans. This unique strategy allows borrowers to use the cash value or death benefit of their life insurance policy as collateral. By assigning the policy to the lender, the borrower can provide an additional layer of security while retaining ownership and control of the policy.

In this article, we will delve into the concept of collateral assignment of life insurance, understanding how it works, the reasons for using it, the benefits and drawbacks, as well as important considerations to keep in mind.

Additionally, we will compare collateral assignment with other forms of collateral and provide real-life examples to illustrate its practical application in various scenarios.

Before we proceed, it’s important to note that the details of collateral assignment can vary depending on the jurisdiction and terms of the insurance policy. It’s crucial for borrowers and policyholders to consult with their financial advisors and insurance providers to ensure they fully understand the implications and requirements of utilizing collateral assignment of life insurance.

Collateral assignment of life insurance refers to the process of using a life insurance policy as collateral for a loan or other financial obligation. When a borrower assigns their life insurance policy as collateral, they transfer a portion or all of their rights and benefits from the policy to the lender. This arrangement provides the lender with a form of security in case the borrower defaults on the loan.

Under a collateral assignment, the policyholder retains ownership of the policy and continues to pay the premiums. The assignee, typically the lender, receives the right to the policy’s cash value or death benefit as a means of recovering the outstanding debt in the event of default.

To create a collateral assignment, a written agreement known as a collateral assignment agreement is usually required. This agreement outlines the specifics of the assignment, including the amount of coverage assigned, the rights of the assignee, and the conditions for release of the collateral upon repayment of the loan.

It’s important to note that the collateral assignment of life insurance does not cancel or terminate the policy. The policy remains in force, and the beneficiary designation typically remains unchanged. In the event of the policyholder’s death, the death benefit is paid out as specified in the original policy contract.

It’s also worth mentioning that there are two types of collateral assignments for life insurance: outright assignment and conditional assignment. An outright assignment transfers all the policy rights and benefits to the assignee for the duration of the loan, while a conditional assignment only grants the assignee access to the policy’s value or death benefit if certain conditions, such as default on the loan, occur.

Now that we have a clear understanding of collateral assignment of life insurance, let’s explore how this process works in practice.

The process of collateral assignment of life insurance involves several steps and considerations. Here’s how it generally works:

• Evaluation of Loan Eligibility: The borrower applies for a loan and undergoes the usual evaluation process. The lender assesses the borrower’s creditworthiness, income, and other factors to determine loan eligibility.
• Identification of Collateral Options: If the lender requires collateral to secure the loan, the borrower explores different options. Life insurance policies with cash value or death benefits can be considered as potential collateral.
• Insurance Policy Examination: The borrower reviews their life insurance policy to determine the available cash value and death benefit. This information helps both the borrower and the lender assess the suitability of collateral assignment.
• Collateral Assignment Agreement: Once both parties agree to move forward with collateral assignment, a collateral assignment agreement is drafted. This agreement outlines the details of the assignment, including the amount of coverage assigned, the rights and obligations of the parties involved, and the conditions for release of the collateral.
• Notification to the Insurance Company: The borrower notifies their insurance company about the collateral assignment. The insurance company updates their records to reflect the assignee’s rights to the policy’s cash value or death benefit, as stipulated in the collateral assignment agreement.
• Ongoing Premium Payments: The borrower continues to pay the premiums on the life insurance policy to keep it active. Failure to do so could lead to policy termination and potentially affect the collateral assignment.
• Loan Repayment: The borrower is responsible for repaying the loan according to the terms and conditions set by the lender. If the borrower defaults on the loan, the lender has the right to access the assigned cash value or death benefit to recover the outstanding debt.
• Release of Collateral: Once the loan is fully repaid, the lender releases the collateral back to the borrower. At this point, the borrower regains full control and ownership of the life insurance policy.

It’s important to note that the process may vary slightly depending on the specific requirements of the lender and the insurance company. Additionally, the terms of the collateral assignment agreement will play a crucial role in determining the rights and obligations of both parties involved.

Now that we understand how collateral assignment works, let’s explore the reasons why individuals opt for this strategy.

Collateral assignment of life insurance can be a valuable tool for borrowers and lenders alike. Here are some reasons why individuals choose to use this strategy:

• Access to Financing: Collateral assignment allows individuals who may not have traditional forms of collateral, such as real estate or valuable assets, to access financing. By utilizing the cash value or death benefit of their life insurance policy, borrowers can secure loans for various purposes, such as business expansion, education expenses, or medical bills.
• Lower Interest Rates: Lenders may offer lower interest rates for loans secured by collateral. The added security provided by the life insurance policy reduces the lender’s risk exposure, resulting in more favorable terms for the borrower.
• Easier Loan Approval: Collateral assignment can make loan approval easier for borrowers with less-than-perfect credit or limited income. The presence of collateral can mitigate some of the perceived risks for lenders, increasing the chances of loan approval.
• Retention of Policy Ownership and Control: Unlike other forms of collateral, such as selling an asset outright, collateral assignment of life insurance allows borrowers to retain ownership and control over their policy. They can continue to name beneficiaries, make changes to the policy, and access the policy’s cash value as needed, as long as the loan obligations are being met.
• Preservation of Policy Benefits: Assigning collateral does not cancel the life insurance policy. The original policy benefits, such as death benefit payouts, remain intact for the beneficiaries. This ensures that loved ones are financially protected in case of the policyholder’s untimely passing.
• Flexibility and Versatility: Collateral assignment can be used with various types of life insurance policies, including both permanent (whole life, universal life) and term life insurance. This provides borrowers with the flexibility to choose a policy that aligns with their financial goals and needs.

It’s important for borrowers to carefully evaluate their financial situation and assess whether collateral assignment is the right option for their needs. Taking into account the benefits and drawbacks of collateral assignment, as well as comparing it with alternative forms of collateral, can help borrowers make informed decisions.

Next, let’s explore the advantages and disadvantages of collateral assignment of life insurance.

Collateral assignment of life insurance offers several benefits and drawbacks for borrowers and lenders. Understanding these advantages and disadvantages can help individuals make informed decisions about utilizing this strategy. Let’s explore them:

• Improved Loan Terms: By offering collateral in the form of a life insurance policy, borrowers can often secure loans with better interest rates and terms compared to unsecured loans.
• Access to Higher Loan Amounts: Collateral assignment can help borrowers access higher loan amounts based on the value of their life insurance policy. This can be particularly beneficial for larger expenses or investments.
• Retain Policy Ownership: Collateral assignment allows borrowers to retain ownership and control of their life insurance policy. They can continue to make changes to the policy and access its benefits, such as cash value, while meeting loan obligations.
• Preservation of Policy Benefits: The life insurance policy’s original benefits, such as death benefit payouts, remain intact for the beneficiaries. This ensures that loved ones are financially protected, even if the policy is assigned as collateral.
• Flexibility and Versatility: Collateral assignment can be used with different types of life insurance policies, providing borrowers with flexibility in choosing a policy that suits their needs and financial goals.
• Reduced Cash Value and Benefit: Assigning collateral may restrict access to the policy’s cash value and limit the death benefit available to the policyholder during the loan term.
• Policy Termination Risk: If the borrower fails to meet the loan obligations or defaults, the policy may be terminated, leading to loss of coverage and potential financial consequences.
• Potential Loan Default Consequences: In the event of loan default, the lender can access the assigned cash value or death benefit, potentially impacting the financial protection for the borrower’s beneficiaries.
• Complexity and Administrative Requirements: Collateral assignment involves paperwork and administrative tasks, including drafting and executing a collateral assignment agreement, notifying the insurance company, and ensuring ongoing premium payments.
• Limitations on Policy Modifications: Depending on the terms of the collateral assignment agreement, borrowers may have restrictions on making changes to the policy, such as reducing coverage or surrendering the policy.

It’s essential for borrowers to carefully consider these benefits and drawbacks in the context of their specific financial situation and goals. Consulting with financial advisors and insurance professionals can provide valuable guidance to make an informed decision.

Next, let’s compare collateral assignment of life insurance with other forms of collateral to better understand its advantages and limitations.

Collateral assignment of life insurance offers distinct advantages and considerations compared to other forms of collateral. Let’s compare it to some common forms of collateral:

Real Estate:

Real estate is a traditional form of collateral widely used in lending. While real estate offers the potential for long-term appreciation, it can be financially burdensome due to property taxes, maintenance costs, and market fluctuations. Moreover, using real estate as collateral may involve complex legal processes and lengthy evaluation periods. In contrast, collateral assignment of life insurance provides a quicker and more straightforward solution, especially for those without real estate assets.

Vehicles are another common form of collateral. While they are easily identifiable and possess monetary value, vehicles depreciate over time. Additionally, vehicles require ongoing maintenance and are subject to wear and tear. Unlike vehicles, a life insurance policy’s value is not dependent on physical assets, making it an attractive option for those who do not own valuable vehicles or wish to preserve their vehicle’s daily utility.

Securities:

Securities, such as stocks or bonds, can be used as collateral. However, they are subject to market volatility, and their value can fluctuate considerably. Additionally, using securities as collateral may require transferring ownership or creating a margin account, which can involve additional fees and restrictions. Collateral assignment of life insurance offers stability, as the policy’s cash value remains relatively secure, regardless of market conditions.

Savings Accounts:

Savings accounts or certificates of deposit (CDs) can be used as collateral, providing a low-risk option for lenders. However, tying up savings in collateral may limit accessibility to those funds and reduce financial flexibility. Collateral assignment of life insurance can offer an alternative solution, allowing borrowers to access funds while keeping their savings intact.

It’s important to note that the suitability of collateral assignment versus other forms of collateral may depend on an individual’s unique circumstances and preferences. Assessing the advantages, drawbacks, and requirements of different collateral options is crucial in determining the best choice for a particular situation.

Next, let’s explore some practical examples of collateral assignment of life insurance to illustrate its application in real-life scenarios.

Collateral assignment of life insurance can be used in various real-life situations to secure loans and meet financial obligations. Here are a few examples:

1. Small Business Loan: A small business owner requires capital to expand their operations. Instead of offering personal assets or seeking a business loan without collateral, they choose to assign the cash value of their life insurance policy as collateral. This allows them to access favorable loan terms and maintain ownership of their life insurance policy while growing their business.

2. Education Financing: A parent wants to fund their child’s college education but does not have sufficient savings or assets to provide as collateral. By assigning the death benefit of their life insurance policy as collateral, the parent can secure a loan to cover tuition and other educational expenses. This approach allows them to borrow at lower interest rates and preserve their other assets for future needs.

3. Medical Expenses: A borrower faces unexpected medical expenses that are not fully covered by insurance. They assign the cash value of their life insurance policy as collateral to secure a loan and cover the medical bills. This enables them to get the necessary treatment without depleting their savings or incurring high-interest debt.

4. Estate Planning: An individual wants to ensure their loved ones are adequately provided for in case of their untimely passing. They assign the death benefit of their life insurance policy as collateral to secure a loan and establish an estate plan. This allows them to create a tax-efficient strategy while providing immediate financial support to their beneficiaries.

5. Debt Consolidation: A borrower has multiple outstanding debts with high-interest rates. They decide to assign the cash value of their life insurance policy as collateral to secure a consolidation loan. This allows them to combine their debts into a single loan with more favorable terms, such as lower interest rates and manageable monthly payments.

These examples demonstrate the versatility and practicality of collateral assignment of life insurance in various financial scenarios. It provides a viable option for individuals and businesses to access funds, manage expenses, and meet financial goals while leveraging the financial protection provided by their life insurance policies.

Before pursuing collateral assignment, it’s crucial to thoroughly understand the terms and conditions of the loan and collateral assignment agreement. Seeking guidance from financial advisors and insurance professionals can help borrowers make informed decisions and ensure the best outcome for their specific circumstances.

In the next section, we will explore important considerations that individuals should keep in mind before using collateral assignment of life insurance.

Before deciding to use collateral assignment of life insurance, it is essential to consider the following factors:

Loan Terms and Repayment:

Thoroughly review the terms and conditions of the loan, including the interest rate, repayment period, and any associated fees. Determine if the loan terms align with your financial capabilities and goals. It’s crucial to have a clear understanding of the repayment schedule and ensure it is manageable within your budget.

Impact on Policy Benefits:

Understand how assigning collateral will affect your life insurance policy. Evaluate the potential impact on the policy’s cash value, death benefit, and other policy features. Determine if the reduction in benefits is acceptable in relation to the loan amount and the financial protection provided to your beneficiaries.

Insurance Policy Review:

Review your life insurance policy in detail to understand its provisions, restrictions, and rights. Familiarize yourself with the policy’s cash value accumulation, surrender charges, and any other contractual obligations. Ensure that the policy is eligible for collateral assignment and that you comply with all requirements set by the insurance company.

Risk of Policy Termination:

Be aware that failing to meet loan obligations can result in policy termination, potentially leaving you without coverage and potential financial consequences. Consider your ability to meet the loan payments and have a contingency plan in case of unforeseen circumstances to mitigate this risk.

Professional Guidance:

Seek advice from financial advisors and insurance professionals who can provide insight into the pros and cons of collateral assignment of life insurance. They can help you evaluate your specific needs, assess the impact on your financial situation, and explore alternative options that may better suit your circumstances.

Legal and Tax Implications:

Understand the legal and tax implications associated with collateral assignment based on your jurisdiction. Consult with legal and tax professionals to ensure compliance with applicable laws and regulations. Be aware of any potential tax consequences, such as potential taxable events or changes in the insurance policy’s tax status.

By carefully considering these factors, you can make an informed decision about whether collateral assignment of life insurance is the right strategy for your financial needs. It’s important to conduct thorough research, weigh the benefits and drawbacks, and consult with professionals to ensure you are making the best choice for your individual circumstances.

In the concluding section, we will summarize the key points and emphasize the significance of due diligence when utilizing collateral assignment of life insurance.

Collateral assignment of life insurance can be a valuable tool for borrowers and lenders seeking to secure loans and meet financial obligations. By leveraging the cash value or death benefit of a life insurance policy, individuals can access financing with favorable terms and retain ownership and control over their policy.

However, utilizing collateral assignment requires careful consideration and due diligence. It is essential to assess the benefits and drawbacks, compare it with alternative forms of collateral, and evaluate its impact on policy benefits and repayment obligations. Seeking guidance from financial advisors and insurance professionals is crucial to ensure informed decision-making and a thorough understanding of the process and implications.

Understanding the terms and conditions of the loan, the collateral assignment agreement, and the policy itself is paramount. Regular reviews of the insurance policy and ongoing premium payments are necessary to maintain coverage and prevent policy termination. Additionally, individuals should stay aware of legal, tax, and compliance requirements associated with collateral assignment based on their jurisdiction.

By responsibly utilizing collateral assignment, individuals can access financing for various purposes while protecting their loved ones through the preservation of policy benefits. This strategy offers flexibility and versatility, allowing borrowers to meet their financial goals without sacrificing ownership and control of their life insurance policies.

Ultimately, the decision to use collateral assignment of life insurance should align with individual financial goals and risk tolerance. With careful planning, proper guidance, and a thorough understanding of the process, collateral assignment can be a valuable tool in managing finances and achieving financial objectives.

It’s important to always consult with professionals and conduct thorough research before proceeding with collateral assignment of life insurance to ensure the best outcome for your specific circumstances.

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Collateral Assignment of Life Insurance: A Comprehensive Overview

As the saying goes, “Life is uncertain, so you need to be prepared.” And one of the ways to be prepared for life’s uncertainties is through life insurance . But did you know that you can use your life insurance policy as collateral? Enter the world of collateral assignment of life insurance. This comprehensive overview will explore the ins and outs of collateral assignment, shedding light on this often-overlooked strategy. It’s a knowledge that can prove invaluable in uncertain times.

• updated last on June 11, 2024

Understanding how collateral assignment works is crucial whether you are a policyholder or a lender. For instance, you can use your life insurance policy as collateral to secure a loan for a major home renovation, potentially obtaining better interest rates due to the reduced risk for the lender. Alternatively, you could transfer ownership of the policy to a family member, ensuring their financial security in the event of your passing. It’s a versatile tool that can provide financial protection and flexibility when you need it most.

Join us as we dive deep into the mechanics of collateral assignment, discussing the benefits, risks, and important considerations. From the legal aspects to the potential impact on your beneficiaries, this comprehensive guide will empower you with the knowledge you need to make informed decisions about collateral assignment of life insurance. So, let’s embark on this enlightening journey together.

What is a Collateral Assignment of Life Insurance?

Collateral assignment of life insurance is a financial arrangement that can offer significant benefits. It allows a policyholder to assign their life insurance policy as collateral to a lender in exchange for a loan or other financial benefits. This arrangement can unlock the policy’s cash value or death benefit, providing a way for individuals to access funds while maintaining coverage for their beneficiaries. If the policyholder defaults on the loan, the lender can access the policy’s proceeds to recoup the outstanding debt. This understanding can empower individuals to make informed decisions about their financial planning.

While collateral assignment can offer flexibility and access to funds when needed, it’s important to be aware of the potential risks. Policyholders must carefully consider the implications of such an arrangement. Understanding the mechanics of collateral assignment, its benefits, risks, and potential impact on the policy and beneficiaries is crucial before deciding to assign your life insurance policy as collateral. This balanced understanding will help you make an informed decision about whether collateral assignment is the right choice for you.

How Does Collateral Assignment Work?

If the policyholder defaults on the loan, the lender can access the policy’s cash value to recover the outstanding debt. However, it’s important to note that the lender’s claim is limited to the amount of the loan plus any accrued interest and fees. Any remaining funds beyond what is needed to satisfy the debt will be paid to the policy’s beneficiaries upon the insured’s death.

Collateral assignment can be a valuable tool for policyholders who need access to funds for a specific purpose, such as funding a business venture, purchasing a home, or covering unexpected expenses. By leveraging the value of their life insurance policy, policyholders can obtain loans at more favorable terms and interest rates compared to other types of unsecured loans.

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Benefits of Collateral Assignment of Life Insurance

Another critical advantage of collateral assignment is the potential for lower interest rates on loans compared to unsecured loans. Since the lender has the security of the policy as collateral, they may be more willing to offer favorable terms, such as lower interest rates or more extended repayment periods. This can result in significant cost savings for the policyholder over the life of the loan, providing a positive outlook on your financial planning.

Additionally, collateral assignment allows policyholders flexibility in using the loan proceeds. Whether for funding a business, covering medical expenses, or purchasing a home, the funds obtained through collateral assignment can be used for various purposes based on the policyholder’s needs and priorities. This versatility empowers you to make the best financial decisions, making collateral assignment a versatile financial tool for policyholders seeking additional liquidity.

Risks and Considerations of Collateral Assignment

Another consideration is the risk of policy lapse if the policyholder cannot repay the loan. This underscores the need for policyholders to be vigilant in monitoring their loan balances. Suppose the outstanding debt exceeds the policy’s cash value. In that case, the policy may risk lapsing, resulting in the loss of coverage and potential financial consequences for the policyholder and their beneficiaries. It’s crucial for policyholders to carefully monitor their loan balance and ensure timely repayment to avoid any lapses in coverage.

Furthermore, policyholders should know the potential tax implications of collateral assignment. Depending on the arrangement’s specifics and the loan amount, there may be tax consequences associated with using the policy as collateral. Reassuringly, consulting with a financial advisor or tax professional can help policyholders understand the tax implications and make informed decisions about collateral assignment, providing them with the support and guidance they need.

Types of Loans That May Require Collateral Assignment

Collateral assignment of life insurance can be used to secure various types of loans, depending on the lender’s requirements and the policyholder’s needs. Common examples of loans that may require collateral assignment include:

• Business Loans : Entrepreneurs and business owners can leverage the value of their life insurance policies to secure loans for business expansion, working capital, or other business-related expenses, providing a reassurance of financial security.
• Real Estate Loans : Homebuyers or property investors may leverage their life insurance policies to secure loans for purchasing real estate or funding property renovations.
• Education Loans : Parents or students seeking funding for education expenses can use the collateral assignment of life insurance to obtain education loans at favorable terms, offering a hopeful outlook for their financial future. Medical Loans : Individuals facing high medical costs may use their life insurance policies as collateral to cover medical expenses or fund specialized treatments.

By understanding the specific requirements of each type of loan and how collateral assignment can be used as a viable option for securing financing, policyholders can make informed decisions about leveraging their life insurance policies for various financial needs. It’s important to note that while collateral assignment can provide access to funds, it also comes with certain risks and benefits.

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How to Initiate a Collateral Assignment of Life Insurance

• Determine Loan Need : Identify the specific financial need or purpose for which you require a loan and assess whether collateral assignment is the appropriate option to meet that need.
• Contact Lender : Reach out to potential lenders who offer loans that can be secured by a collateral assignment of a life insurance policy and inquire about their terms and conditions.
• Review Collateral Assignment Agreement : Carefully review the collateral assignment agreement provided by the lender, which outlines the terms, conditions, and responsibilities of both parties.
• Consult with Professionals : Seek guidance from financial advisors, insurance agents, or legal experts to ensure you fully understand the implications of collateral assignment and its impact on your policy.
• Sign Agreement : Once you are satisfied with the terms of the collateral assignment agreement, sign the document and provide any necessary documentation to the lender to formalize the arrangement.
• Monitor Loan Repayment : Keep track of your loan balance, interest payments, and repayment schedule to ensure that you meet your obligations and avoid any potential policy lapse or default risks.

By following these steps and staying informed throughout the process, policyholders can navigate the complexities of collateral assignment and make informed decisions that align with their financial goals and priorities.

Important Terms and Conditions to Understand

When embarking on the collateral assignment of life insurance, it’s crucial to empower yourself by comprehending the key terms and conditions that govern the arrangement. Some significant terms to grasp include:

• Loan Amount : For instance, if you have a life insurance policy with a face value of $ 100,000 and you assign it as collateral for a loan, the loan amount would be the total value of the policy, i.e., $ 100,000.
• Interest Rate : The rate at which interest is charged on the outstanding loan balance, which may vary depending on the lender and the terms of the agreement.
• Repayment Schedule : The timeline and structure for repaying the loan, including the frequency of payments, due dates, and any penalties for late payments.
• Default Provisions : The conditions under which the lender may declare the loan in default and take action to recover the outstanding debt, including accessing the policy’s cash value.
• Policy Protection : These are the provisions that provide a safety net for the policyholder’s rights and interests, ensuring that the collateral assignment does not transfer ownership of the policy to the lender, thereby offering a sense of security and reassurance.

Grasping these terms and conditions is a key to confidently and clearly navigating the collateral assignment process, ensuring you are fully informed about your rights and obligations under the agreement.

Common Misconceptions About Collateral Assignment

Despite its potential benefits, collateral assignment of life insurance is often surrounded by misconceptions and misunderstandings. Some common misconceptions include:

• Loss of Ownership : Many people mistakenly believe that collateral assignment transfers ownership of the policy to the lender when it simply creates a security interest in the policy’s value.
• Impact on Beneficiaries : Some individuals may be concerned that collateral assignment will negatively impact their beneficiaries by reducing the policy’s death benefit. However, proper planning and management can help mitigate these risks.
• Complexity of Process : There is a perception that collateral assignment is a complex and convoluted process, but policyholders can navigate the process smoothly and effectively with the proper guidance and support.

Policyholders can make informed decisions that align with their financial goals and priorities by dispelling these misconceptions and gaining a clear understanding of how collateral assignment works.

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Alternatives to Collateral Assignment of Life Insurance

While collateral assignment can be a valuable strategy for accessing funds and leveraging the value of a life insurance policy, there are alternative options that policyholders may consider based on their specific needs and circumstances. Some alternatives to the collateral assignment of life insurance include:

• Policy Loans : Borrowing against the policy’s cash value through a policy loan, which allows policyholders to access funds without needing to assign the policy as collateral.
• Surrendering Policy : Surrendering the policy in exchange for the cash value provides a lump sum payout but may result in the loss of coverage and potential tax consequences.
• External Financing : Exploring traditional loans or lines of credit from financial institutions or lenders that do not require a collateral assignment of life insurance.

By exploring these alternatives and weighing the pros and cons of each option, policyholders can make informed decisions about how best to leverage their life insurance policies to meet their financial needs and goals.

Is Collateral Assignment of Life Insurance Right for You?

As with any financial decision, weighing the benefits and risks, and carefully assessing your circumstances before proceeding with collateral assignment is essential. However, the importance of consulting with professionals cannot be overstated. By staying informed, proactive, and diligent in managing your policy and financial affairs, with the guidance of experts, you can make the most of collateral assignment and use it as a strategic tool in your financial planning arsenal.

Remember, life insurance is not just about protecting your loved ones—it can also be a valuable asset that provides financial flexibility and security when needed. So, consider the possibilities of collateral assignment and explore how it can complement your financial strategy and goals. Embrace the opportunities that collateral assignment of life insurance offers, and embark on a journey towards greater financial empowerment and peace of mind. The potential for a more secure and flexible financial future is within your reach.

Frequently Asked Questions

Who can authorize to assign a life insurance policy as collateral for a loan?

To authorize a life insurance policy as collateral for a loan, the insured must specifically endorse it in writing. The only person who can endorse the policy is an authorized representative from the insurer or the insured themselves.

What Are the Benefits of Collateral Assignment of Life Insurance?

Collateral assignment of life insurance provides many benefits, including more flexibility and control over the policy, improved liquidity in case of an unexpected financial need, tax benefits, and excellent safety against creditors. The key benefit is that the insured can leverage their life insurance policy as collateral to secure a loan or line of credit. This type of asset-back lending may be used for business expansion, investment, debt consolidation, and many other uses.

What is an example of collateral assignment?

An example of a collateral assignment is when an insurance policy is assigned to a third party as security for a loan or the repayment of an existing debt. The collateral assignment creates a legally binding agreement between the insurer, the lender, and the debtor.

About Coach B.

After starting his financial career with Phoenix Home Life Insurance Company back in 1992, Scott decided he wanted to provide people with an easier and more enjoyable way to buy life insurance. That was the start of Coach B. Life Insurance, whose mission is to be transparent, honest, and helpful to customers — without ever bugging or pushing them.

In the years since then, he has worked tirelessly to improve the process of shopping for insurance. His goal is to make sure that everyone who comes to Coach B. — whether they end up buying a policy or not — has the best possible experience.

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Positions Involving Equal Employment Opportunity Collateral Assignments

These qualification requirements cover Federal equal employment opportunity (EEO) collateral duties only . Employees assigned such collateral duties must, of course, meet the qualification requirements for the occupational series and grade levels to which their positions are classified.

Definition of EEO Collateral Assignments

EEO collateral assignments are official EEO duties and responsibilities assigned to an employee in addition to the primary duties and responsibilities of the position the employee occupies.

EEO Assignments not covered by this standard.

If an assignment has any of the following characteristics it is not a collateral assignment, and this standard should not be used:

• The EEO assignment controls the grade of the position. (Guidance for determining if an assignment is grade-controlling can be found in the "Introduction to the Position Classification Standards.")
• The EEO assignment is the primary reason for establishing or continuing the position.
• The EEO assignment is intended to be a permanent assignment.

EEO assignments that meet any of the above criteria are not collateral duties , and should be treated as continuing regular assignments. The position must be classified according to position classification principles, including principles for classifying mixed-grade positions. If the official EEO assignment results in a promotion, agency merit promotion procedures must be followed, the employee must meet qualification requirements for the grade level and series of the resulting new position, and the nature of the promotion action must be consistent with the intended duration of the assignment. Agencies must comply with adverse action regulations if removal of a permanent EEO assignment from a position results in a reduction in grade level or pay.

Documenting EEO Collateral Assignments

Official EEO duties and responsibilities assigned to employees on a collateral basis must be described in the official position description that covers the position the employee occupies. This documentation reflects the requirements imposed on the position by the EEO collateral assignment, and permits a determination that there is no grade-level effect of the collateral assignment.

Before EEO collateral duties are assigned to any employee, the agency should make a reasonable effort to determine if the assignment will affect the classification of the position, including grade level, or otherwise constitute a non-collateral assignment.

Basic Qualification Requirements for all EEO Collateral Assignments

In addition to meeting the qualification requirements for the series and grade level of their positions, employees who receive EEO collateral assignments should possess the following:

• Understanding of how agency policies and practices affect the equal employment opportunities of all employees;
• Understanding of the intent of the laws and regulations governing Federal equal employment opportunity;
• Understanding of the employment problems of underutilized persons and classes in the workforce and labor market, particularly racial and ethnic minorities, women, older workers, people with disabilities, or the economically disadvantaged;
• Ability to establish effective working relationships with and gain the confidence of managers and supervisors at all levels of the agency, as well as with employees regardless of their occupation, race, sex, ethnic heritage, or socioeconomic background; and
• Knowledge of the general structure of the Federal personnel system including classification, staffing, recruitment, performance evaluation, career development, labor relations, appeals, grievances, adverse actions, and employee rights and responsibilities;
• General knowledge of the missions, organizational structure, and distribution of responsibilities within the agency; and
• Understanding of the current labor market, e.g., types of jobs available, supply of and demand for certain types of skills, recruiting methods, sources of recruitment, and projected employment needs of the agency.

For EEO Counselor Positions:

EEO counselor collateral assignments also require the ability to:

• Learn complaint procedures in detail;
• Learn basic EEO principles and terms;
• Communicate orally to explain procedures and regulatory requirements to complainants and management officials who may be angry, confused, or distressed because of the circumstances that caused the complaint, or because of the complaint itself;
• Obtain and organize facts presented by persons who may be angry, confused, or distressed;
• Conduct factfinding to locate and obtain necessary documentation materials in connection with informal resolution of a complaint;
• Gain an understanding of a particular EEO case, identify the issues, and apply the relevant personnel regulations and principles;
• Clarify issues, discuss issues, and resolve misunderstandings if they exist (during the informal stage of a complaint);
• Report facts objectively; and
• Write simple, clear, and factual narrative statements (for reports).

EEO counselors who have not demonstrated the required knowledge, skills, and abilities within a reasonable period of time on the job, e.g., 6 months, should not be retained as EEO counselors.

For EEO Program Manager Positions:

In addition to the basic requirements for all EEO collateral assignments, EEO program managers must possess the knowledge, skills, and abilities required for entry level positions in the Equal Employment Opportunity Series, GS-260.

Additional and higher level knowledge and skills, such as those required for equal employment opportunity specialist positions at higher grade levels, may be required when they are related to the duties and responsibilities of the collateral assignment.

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Using Life Insurance For Collateral Assignment

Fact Checker - Licensed Life Insurance Agent

The most common way that life insurance policy protects you and your loved ones is by providing financial support to your family in the event of your untimely death.

In some situations, life insurance serves to replace lost income with death benefits, in others, life insurance can be used to pay off remaining debts and death expenses. 

Life insurance can also be used as a very helpful tool in order to obtain financing for a loan .

This process of using a life insurance policy to take out a loan is called “ collateral assignment ” of life insurance.

Before we discuss everything you need to know about the collateral assignment of life insurance, let’s take a quick peek at what we will be covering in this article:

What you will learn in this article (click to go to section):

• What is Collateral Assignment of Life Insurance?

How Does Collateral Assignment of Life Insurance Work?

• Can I Apply for Multiple Loans With Life Insurance as Collateral?
• How to Apply for Collateral Assignment of Life Insurance
• Requirements, Limitations, and Restrictions 
• What Happens in the Event of Default or Death?
• What if I Pay Off my Loan While Using Life Insurance as Collateral?
• Who Qualifies for Collateral Assignment of Life Insurance?
• Choosing a Beneficiary for Your Policy
• Best Life Insurance Companies for Collateral Assignment
• Finding a Life Insurance Policy to Use for Collateral Assignment

What is a Collateral Assignment of Life Insurance?

The collateral assignment of life insurance is a legal way for you to assign your life insurance policy as a form of collateral for a loan to banks.

With this, you can be far more likely to receive financing for loans you may not otherwise be able to secure because the bank knows they will get their money back no matter what.

The way collateral assignment of life insurance works is like this:

• You have a life insurance policy that is in your name. This coverage is paid for by you just like any regular life insurance policy.
• Once you have this coverage, you must apply for a collateral assignment of life insurance with both your life insurance company and the bank. (Below we describe how to apply for a collateral assignment of life insurance in detail.)
• Once the life insurance company clears you to use the policy as collateral for the loan, you must then specify to your lender that this is what you intend to do.
• From there, you simply wait for the bank to get back to you on your application, and if they approve, you have successfully used life insurance as collateral assignment on a loan from the bank!

Can I Apply For Multiple Loans With Life Insurance As Collateral?

You can apply to as many loans as you please using your life insurance policy as collateral, as long as the policy has a large enough death benefit to cover the total amount owed on the loans you are applying for.

How to Apply For Collateral Assignment Of Life Insurance

Applying through your bank.

There are some lenders who will consider using your existing life insurance policy for collateral assignment if you request it, but others might require you to take out a brand new policy specific for that purpose.

In either case, using life insurance for collateral assignment when applying for loans is a fairly common practice that almost every life insurance company and the bank is equipped to handle.

You start off the application for assignment by securing the loan with the bank in question. This is where you will discover the limitations and regulations the bank has regarding the collateral assignment of life insurance. Each lender has different policies.

Applying Through Your Insurer

Once you have found the right loan, you must fill out the collateral assignment form . Your insurer will be able to provide you with this form easily.

The form has to be filled out by every party involved, including yourself, the lender, and the insurance company. You can sign the forms at the time of your loan application or you can sign them after your policy has been issued.

If you are taking out a brand new life insurance policy, you are better off signing all of the documents for this at the beginning of the application. The time frame to request a collateral assignment and be accepted for it ranges between 24 hours and 48 hours.

Some banks might require that you notarize the form, which can add some time to the application and acceptance process.

Collateral Assignment Of Life Insurance Requirements, Limitations, & Restrictions

When it comes to applying for and using life insurance as collateral assignment for a loan, there are a few common requirements to keep in mind to make sure that you get the most out of your policy, and also to make sure that you can be accepted quickly and easily .

1. Beneficiary and Policyowner Requirements

Policyowners of a life insurance policy that qualifies for collateral assignment must be the owner of the policy . They do not necessarily need to be the insured or the beneficiary, but they must be the owner of the policy.

The policy owner must maintain payment of all premiums in order for this policy to remain in place as collateral.

2. Types of Life insurance policies that qualify for collateral assignment

Any type of life insurance policy is capable of being used as collateral assignment for loans, as long as the company that issues it does not have any rules against it being used as such.

Term Life Insurance

Term life insurance policies used as a collateral assignment for loans must have terms longer than the length of the loan . Additionally, if the loan is paid off prior to the expiration of the policy, the policy is no longer payable to the bank.

Be sure to notify your insurer in the event that you pay off a loan which used your life insurance policy as the collateral assignment. You can then assign a new beneficiary to the life insurance policy with their help.

Permanent Life Insurance

Permanent life insurance policies  can also be used as collateral assignment for loans from banks. In this case, any cash value accumulated by the policy is only accessible by the bank in order to maintain collateral in the case of a loan default.

3. Lender Rights

If you default on your loan , the bank reserves all rights to utilize your life insurance policy’s death benefit as a form of repayment for your defaulted payments.

On top of this, they reserve the right to take from your cash value on permanent life insurance policies, as mentioned above.

What Happens If You Die Or Default With Your Life Insurance Policy Being Used As Collateral Assignment?

A collateral assignment is a form of limited transfer, unlike an absolute assignment which gives over all of your policy with no chance of reversing it.

If you were to pass away before your loan is repaid the lender will receive whatever amount is still owed from your death benefit. The remaining balance will be given to your beneficiaries .

As long as you pay your premiums on time and your policy is current you can use this to secure any type of loan with any bank that will accept it.

The same goes for defaulting on your loan.  If you default, the bank only has access to the amount of death benefit that is owed to them. The rest is secure and still under your policy, to be paid out to beneficiaries in the event of your death.

What If I Pay Off My Loan While Using My Life Insurance Policy As Collateral?

If you pay off the loan entirely before you pass away, or before the end of your policy, then the lender is no longer entitled to any of your death benefit and the full death benefit continues into the hands of your beneficiary.

At this point with permanent life insurance policies, your access to cash value is reinstated as well.

Who Qualifies For Collateral Assignment Of Life Insurance?

Any policyholder that has a permanent or term life insurance policy can qualify for collateral assignment.

Not every company allows collateral assignment of life insurance policies, and therefore it is best that you speak with your life insurance provider to see what their limits are with regard to Collateral Assignment.

However, most life insurance companies are equipped to handle this easily.

Many life insurance providers do not care how you use the policy, as long as it is in a legal fashion, and they will likely sign your application for collateral assignment quickly and with minimal friction.

Choosing A Beneficiary For Your Life Insurance Policy With Collateral Assignment

If you are attempting a collateral assignment, your bank might ask you to assign them as the beneficiary.

DO NOT ASSIGN YOUR BANK AS THE BENEFICIARY OF YOUR LIFE INSURANCE POLICY! 

If you die and you only paid off half of your loan and you made the bank your beneficiary, the bank will receive the remaining balance of your entire death benefit.

If you were to take out a $100,000 loan and you assigned the bank as your beneficiary they would receive the entire amount even if the amount owed to the bank at the time of your passing was only $20,000.

You do not want this to happen.

Banks only require a collateral assignment and that means they are only entitled to the amount owed on your loan, an amount which theoretically decreases with time.

If you have no beneficiaries listed, the remaining amount will theoretically go to your estate. But there may not be anyone around to enforce this. 

You can choose whomever you please as your beneficiary on your life insurance policy, as long as it is not yourself. Just be sure the beneficiary you choose is not your bank, regardless of what they tell you .

Best Life Insurance Companies For Collateral Assignment Of Life Insurance 

SBLI Life Insurance is also known as Mutual insurance company and they provide affordable policies to smokers and non-smokers.  They were founded in 1907 and since they are a mutual company they are owned by the policyholders and not by the stockholders.

As such their primary objective is to show allegiance to the clients rather than to their investors. This particular company is popular because they help customers blend different term life insurance policies with whole life insurance policies.

They have an A , excellent, rating from A.M. Best. They have an A+ rating from the BBB. Their financial history has remained level and strong since their inception.

Sagicor is rated A- by A.M. Best with a financial rating of A- . They have been in business for over 60 years offering products across 45 states. Without undergoing a medical exam you can still qualify for coverage up to $500,000 .

If you don’t want to answer any medical questions you can still get covered under $250,000 with this particular company.

They are not favorable toward individuals with diabetes or people who want a 30-year term plan but they are perfectly suited for individuals who are looking for whole life insurance policies that offer collateral assignment options.

North American Company

The North American company has a solid financial strength rating. They are given a superior rating which is the second highest rating you can get, from A.M. Best.

They also have an A+ from the S&P rating and Fitch rating.  This company is also privately owned so they are able to invest in Secure assets rather than things like government bonds.

North American has an array of whole life insurance policies that are offered it to anyone 85 or younger and they have favorable terms for collateral assignment options.

Banner Life

Banner Life Insurance Company Offers an array of inexpensive universal life insurance products. However, they do not have a whole life insurance policy.

They are licensed to conduct business in every state but New York. If you are a New York resident you can still get coverage but you have to go through William Penn. They have a financial strength rating of excellent.

Finding A Life Insurance Policy To Use For Collateral Assignment

If you are looking for life insurance coverage which you can also use as collateral on a loan, then you want to take some time to make sure that you understand the stipulations of your bank and insurance provider.

On top of this, you want to be sure that the policy you choose offers great rates and is offered by a company with a history of paying out claims on time and when needed.

The easiest way to find the best life insurance coverage to use for collateral assignment is to speak with an independent life insurance agent who can help you compare life insurance policies and rates from dozens of the best life insurance companies on the market.

We are very experienced in this area and have the knowledge necessary about life insurance providers and collateral assignment with banks to ensure that you find the best coverage for your situation.

Give us a call today to speak with a professional, or get started online using our quoting tool for quick and easy life insurance quotes.

Ty Stewart is a founder and contributor of SimpleLifeInsure.com. He started researching and studying about life insurance when he got his first policy for his own family. He has been featured as a life insurance expert speaker at agent conventions and in top publications. As an independent licensed life insurance agent he has helped clients nationwide to secure affordable coverage while making the process simple.

I’m Bennett Bier , owner, author and fact checker of Simple Life Insure. I believe working with a small independent broker offers consumers more personal attention and superior customer service. As an independent agent licensed in all 50 states and the District of Columbia I have access to many of the top A+ rated life insurance carriers. This lets me locate a plan that you will qualify for while saving you money at the same time. Over the years I have mastered the art of underwriting, getting approvals even for my highest risk clients. I’m also likely the person that will answer the phone when you call.

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What Is Collateral Assignment (of a Life Insurance Policy)?

Meredith Mangan is a senior editor for The Balance, focusing on insurance product reviews. She brings to the job 15 years of experience in finance, media, and financial markets. Prior to her editing career, Meredith was a licensed financial advisor and a licensed insurance agent in accident and health, variable, and life contracts. Meredith also spent five years as the managing editor for Money Crashers.

Definition and Examples of Collateral Assignment

How collateral assignment works, alternatives to collateral assignment.

Kilito Chan / Getty Images

If you assign your life insurance contract as collateral for a loan, you give the lender the right to collect from the policy’s cash value or death benefit in two circumstances. One is if you stop making payments; the other is if you die before the loan is repaid. Securing a loan with life insurance reduces the lender’s risk, which improves your chances of qualifying for the loan.

Before moving forward with a collateral assignment, learn how the process works, how it impacts your policy, and possible alternatives.

Collateral assignment is the practice of using a life insurance policy as collateral for a loan . Collateral is any asset that your lender can take if you default on the loan.

For example, you might apply for a $25,000 loan to start a business. But your lender is unwilling to approve the loan without sufficient collateral. If you have a permanent life insurance policy with a cash value of $40,000 and a death benefit of $300,000, you could use that life insurance policy to collateralize the loan. Via collateral assignment of your policy, you authorize the insurance company to give the lender the amount you owe if you’re unable to keep up with payments (or if you die before repaying the loan).

Lenders have two ways to collect under a collateral assignment arrangement:

• If you die, the lender gets a portion of the death benefit—up to your remaining loan balance.
• With permanent insurance policies, the lender can surrender your life insurance policy in order to access the cash value if you stop making payments.

Lenders are only entitled to the amount you owe, and are not generally named as beneficiaries on the policy. If your cash value or the death benefit exceeds your outstanding loan balance, the remaining money belongs to you or your beneficiaries.

Whenever lenders approve a loan, they can’t be certain that you’ll repay. Your credit history is an indicator, but sometimes lenders want additional security. Plus, surprises happen, and even those with the strongest credit profiles can die unexpectedly.

Assigning a life insurance policy as collateral gives lenders yet another way to secure their interests and can make approval easier for borrowers.

Types of Life Insurance Collateral

Life insurance falls into two broad categories: permanent insurance and term insurance . You can use both types of insurance for a collateral assignment, but lenders may prefer that you use permanent insurance.

• Permanent insurance : Permanent insurance, such as universal and whole life insurance, is lifelong insurance coverage that contains a cash value. If you default on the loan, lenders can surrender your policy and use that cash value to pay down the balance. If you die, the lender has a right to the death benefit, up to the amount you still owe.
• Term insurance : Term insurance provides a death benefit, but coverage is limited to a certain number of years (20 or 30, for example). Since there’s no cash value in these policies, they only protect your lender if you die before the debt is repaid. The duration of a term policy used as collateral needs to be at least as long as your loan term.

A Note on Annuities

You may also be able to use an annuity as collateral for a bank loan. The process is similar to using a life insurance policy, but there is one key difference to be aware of. Any amount assigned as collateral in an annuity is treated as a distribution for tax purposes. In other words, the amount assigned will be taxed as income up to the amount of any gain in the contract, and may be subject to an additional 10% tax if you’re under 59 ½.

A collateral assignment is similar to a lien on your home . Somebody else has a financial interest in your property, but you keep ownership of it.

The Process

To use life insurance as collateral, the lender must be willing to accept a collateral assignment. When that’s the case, the policy owner, or “assignor,” submits a form to the insurance company to establish the arrangement. That form includes information about the lender, or “assignee,” and details about the lender’s and borrower’s rights.

Policy owners generally have control over policies. They may cancel or surrender coverage, change beneficiaries, or assign the contract as collateral. But if the policy has an irrevocable beneficiary, that beneficiary will need to approve any collateral assignment.

State laws typically require you to notify the insurer that you intend to pledge your insurance policy as collateral, and you must do so in writing. In practice, most insurers have specific forms that detail the terms of your assignment.

Some lenders might require you to get a new policy to secure a loan, but others allow you to add a collateral assignment to an existing policy. After submitting your form, it can take 24 to 48 hours for the assignment to go into effect.

Lenders Get Paid First

If you die and the policy pays a death benefit , the lender receives the amount you owe first. Your beneficiaries get any remaining funds once the lender is paid. In other words, your lender takes priority over your beneficiaries when you use this strategy. Be sure to consider the impact on your beneficiaries before you complete a collateral assignment.

After you repay your loan, your lender does not have any right to your life insurance policy, and you can request that the lender release the assignment. Your life insurance company should have a form for that. However, if a lender pays premiums to keep your policy in force, the lender may add those premium payments (plus interest) to your total debt—and collect that extra money.

There may be several other ways for you to get approved for a loan—with or without life insurance:

• Surrender a policy : If you have a cash value life insurance policy that you no longer need, you could potentially surrender the policy and use the cash value. Doing so might prevent the need to borrow, or you might borrow substantially less. However, surrendering a policy ends your coverage, meaning your beneficiaries will not get a death benefit. Also, you’ll likely owe taxes on any gains.
• Borrow from your policy : You may be able to borrow against the cash value in your permanent life insurance policy to get the funds you need. This approach could eliminate the need to work with a traditional lender, and creditworthiness would not be an issue. But borrowing can be risky, as any unpaid loan balance reduces the amount your beneficiaries receive. Plus, over time, deductions for the cost of insurance and compounding loan interest may negate your cash value and the policy could lapse, so it’s critical to monitor.
• Consider other solutions : You may have other options unrelated to a life insurance policy. For example, you could use the equity in your home as collateral for a loan, but you could lose your home in foreclosure if you can’t make the payments. A co-signer could also help you qualify, although the co-signer takes a significant risk by guaranteeing your loan.

Key Takeaways

• Life insurance can help you get approved for a loan when you use a collateral assignment.
• If you die, your lender receives the amount you owe, and your beneficiaries get any remaining death benefit.
• With permanent insurance, your lender can cash out your policy to pay down your loan balance.
• An annuity can be used as collateral for a loan but may not be a good idea because of tax consequences.
• Other strategies can help you get approved without putting your life insurance coverage at risk.

NYSBA. " Life Insurance and Annuity Contracts Within and Without Tax Qualified Retirement Plans and Life Insurance Trusts ." Accessed April 12, 2021.

IRS. " Publication 575 (2020), Pension and Annuity Income ." Accessed April 12, 2021.

Practical Law. " Security Interests: Life Insurance Policies ." Accessed April 12, 2021.

Collateral Assignment

Jump to section.

A collateral assignment involves granting a security interest in the asset or property to a lender. It is a lawful arrangement where the borrower promises an asset or property to the lender to guarantee the debt repayment or meet a financial obligation. Moreover, in a collateral assignment, the borrower maintains asset ownership, the lender holds the security interest, and the lender has the right to seize and sell the asset in event of default. This blog post will discuss a collateral assignment, its purpose, essential considerations, and more.

Key Purposes of a Collateral Assignment

Collateral assignment concerns allocating a property's ownership privileges, or a specific interest, to a lender as loan collateral. The lender retains a security interest in the asset until the borrower entirely settles the loan. If the borrower defaults on loan settlement, the lender can seize and market the collateral to recover the unpaid debt. Below are the key purposes of a collateral assignment.

• Enhanced Lender Protection: The primary purpose of the collateral assignment is to provide lenders with an added layer of security and assurance. Also, by maintaining a claim on the borrower's properties, lenders lower their risk and improve the probability of loan settlement. In case of default, the lender can sell the collateral to recover the unpaid balance. This security authorizes lenders to offer loans with lower interest rates, as the threat associated with the loan is reduced.
• Favorable Loan Terms: Collateral assignment allows borrowers to access financing on more favorable terms than unsecured loans . However, the terms of the loan will vary depending on the borrower’s creditworthiness and the value of the collateral. Generally, lenders are more willing to extend larger loan amounts and lower interest rates when they have collateral to fall back on. The presence of collateral reassures lenders that they have a viable means of recouping their investment, even in case of default. This increased confidence often leads to more competitive loan offers for borrowers.
• Unlocking Asset Value: Collateral assignment enables borrowers to leverage the value of their assets, even if those assets are not readily convertible into cash. For instance, a business owner with valuable machinery can assign it as collateral to secure a business loan. This arrangement allows the borrower to continue utilizing the asset for operational purposes while accessing the necessary funds for expansion or working capital. Collateral assignment, thus, enables the efficient allocation of resources. However, the collateral will still be considered in determining the loan amount and terms.
• Access to Higher Loan Amounts: When borrowers promise collateral against a loan, lenders can present greater loan amounts than for other unsecured loans. The worth of the collateral serves as a reassurance to lenders that they can recover their investment even if the borrower fails to settle the loan. Therefore, borrowers can obtain higher loans to finance important endeavors such as purchasing property, starting a business, or funding major projects.
• Diversification of Collateral: Collateral assignment offers flexibility for borrowers by allowing them to diversify their collateral base. While real estate is commonly used as collateral, borrowers can utilize other valuable assets such as investment portfolios, life insurance policies, or valuable personal belongings. This diversification allows borrowers to access financing without limiting themselves to a single asset, thereby preserving their financial flexibility.

Steps to Execute a Collateral Assignment

A collateral assignment is a financial procedure that involves utilizing an asset as security for a loan or other responsibilities. Below are the essential steps involved in the collateral assignment process.

• Assess the Need for Collateral Assignment. The initial step in collateral assignment is determining whether collateral is necessary. Lenders or creditors may require collateral to mitigate the risk of default or ensure repayment. Evaluating the value and marketability of the proposed collateral is crucial to ascertain if it meets the lender's requirements.
• Select Appropriate Collateral. The next step involves choosing a suitable asset for collateral assignment. Common classifications of collateral comprise stocks, real estate, bonds, cash deposits, and other valuable assets. The collateral's value should be sufficient to cover the loan amount or the obligation being secured.
• Understand Lawful and Regulatory Requirements. Before proceeding with collateral assignment, it is essential to comprehend the lawful and regulatory provisions specific to the jurisdiction where the transaction happens. Collateral assignment laws can vary, so seeking advice from legal professionals experienced in this area is advisable to ensure compliance.
• Negotiate Provisions. Once the collateral is recognized, the collateral assignment provisions must be negotiated among the concerned parties. It includes specifying the loan amount, interest rates, repayment terms, and any further duties or limitations associated with the collateral assignment.
• Prepare the Collateral Assignment Agreement. The collateral assignment agreement is a lawful document that typically includes details about the collateral, the loan or obligation being secured, and the rights and responsibilities of both parties. It is highly advised to engage the services of a legal specialist to prepare or review the contract.
• Enforce the Collateral Assignment Agreement. After completing the collateral assignment agreement, it must be executed by all involved parties. This step ensures that all necessary signatures are obtained and copies of the agreement are distributed to each individual for record-keeping objectives.
• Notify Relevant Parties. To ensure proper recognition and recording of the collateral assignment, it is important to notify all relevant parties. It may involve informing the lender or creditor, the custodian or holder of the collateral, and any other pertinent stakeholders. Sufficient documentation and communication will help prevent potential disputes or misunderstandings.
• Record the Collateral Assignment. Depending on the nature of the collateral, it may be necessary to record the collateral assignment with the appropriate government authority or registry. This step provides public notice of the assignment and establishes priority rights in case of multiple claims on the same collateral. Seeking guidance from legal professionals or relevant authorities can determine if recording the collateral assignment is required.
• Monitor and Maintain the Collateral. Throughout the collateral assignment term, it is crucial to monitor and maintain the value and condition of the collateral. This includes ensuring insurance coverage, property maintenance, and compliance with any ongoing obligations associated with the collateral. Regular communication between all parties involved is essential to address concerns or issues promptly.
• Terminate the Collateral Assignment. Once the loan or obligation secured by the collateral is fully satisfied, the collateral assignment can be terminated. This involves releasing the collateral from the assignment, updating relevant records, and notifying all parties involved. It is important to follow proper procedures to ensure the appropriate handling of the legal and financial aspects of the termination.

Key Terms for Collateral Assignments

• Security Interest: It is the legal right granted to a lender over the assigned collateral to protect their interests in case of borrower default.
• Collateral Valuation: The process of determining the worth or market value of the assigned collateral to assess its adequacy in securing the loan.
• Release of Collateral: The action taken by a lender to relinquish its claim over the assigned collateral after the borrower has fulfilled the loan obligations.
• Subordination Agreement : A legal document that establishes the priority of multiple creditors' claims over the same collateral, typically in the case of refinancing or additional loans.
• Lien : A legal claim or encumbrance on a property or asset, typically created through a collateral assignment, that allows a lender to seize and sell the collateral to recover the loan amount.

Final Thoughts on Collateral Assignments

A collateral assignment is a valuable instrument for borrowers and lenders in securing loans or obligations. It offers borrowers access to profitable terms and more extensive loan amounts while reducing the risk for lenders. Nevertheless, it is essential for borrowers to thoughtfully assess the terms and threats associated with collateral assignment before proceeding. Seeking professional guidance and understanding the contract can help ensure a successful and beneficial financial arrangement for all parties involved.

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ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.

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I have over 25 years' experience representing individual and company clients, large and small, in transactions such as mergers and acquisitions, private offerings of securities, commercial loans and commercial endeavors (supply contracts, manufacturing agreements, joint ventures, intellectual property licenses, etc.). My particular specialty is in complex and novel drafting.

Brianna is a well-respected New York licensed attorney with a Juris Doctorate degree in law from Touro College Jacob D. Fuchsberg Law School and bachelor’s degree in Business Administration and Management from Dowling College. Since becoming an attorney, she has practiced in various areas including business law, corporate law, residential real estate, commercial real estate, criminal law, traffic law, employment law, landlord tenant law, estate planning, and has represented intermediaries in procurement and the personal protective equipment industry. Brianna has broad and extensive business experience; She is an entrepreneur and co-owner of a microtechnology manufacturing company that was built by her and her partner, where she also served as the Chief Legal Officer and Human Resource Manager for the company. While building the manufacturing business, she created a brokerage firm for business transactions and has managed several other businesses which she has ownership interest in. Brianna’s involvement in these various businesses over the past 15 years provides a unique skillset to her clients; Not only does she understand contractual principals and obligations from a legal perspective while drafting and negotiating agreements, but she also has the foresight, experience, and ability to ensure the agreement reflects the practical aspects of the business. Based on the client’s needs and desired outcome, she has the forethought to cover different angles that would be overlooked from a legal standpoint, and as a result she is able to help prevent unforeseen business ramifications. She conducts extensive risk assessments on behalf of her clients and minimizes exposure to potential liability without “over lawyering” agreements. One of Brianna’s main areas of focus is drafting and negotiating agreements. Negotiation is a passion of hers which was applied in law school while she was a member of the Alternative Dispute Resolution Society, notably winning Touro Law School’s intraschool negotiation competition. In her more recent years, Brianna has removed herself from her various business interests to focus on her law practice. Brianna has a strong moral compass and believes in quality over quantity. She treats every client as a top priority; thus, she will not take on many cases at a time because she wants to give each client the focus and attention they deserve. She has sharp attention to detail and is a forceful advocate for every client. Brianna has broad and extensive business experience; She is an entrepreneur and co-owner of a microtechnology manufacturing company that was built by her and her partner, where she also served as the Chief Legal Officer and Human Resource Manager for the company. While building the manufacturing business, she created a brokerage firm for business transactions and has managed several other businesses which she has ownership interest in. Brianna’s involvement in these various businesses over the past 15 years provides a unique skillset to her clients; Not only does she understand contractual principals and obligations from a legal perspective while drafting and negotiating agreements, but she also has the foresight, experience, and ability to ensure the agreement reflects the practical aspects of the business. Based on the client’s needs and desired outcome, she has the forethought to cover different angles that would be overlooked from a legal standpoint, and as a result she is able to help prevent unforeseen business ramifications. She conducts extensive risk assessments on behalf of her clients and minimizes exposure to potential liability without “over lawyering” agreements. Additionally, she specializes in drafting and negotiating agreements. Negotiation is a passion of hers which was applied in law school while she was a member of the Alternative Dispute Resolution Society, notably winning Touro Law School’s intraschool negotiation competition. In her more recent years, Brianna has removed herself from her various business interests to focus on her law practice. Brianna has a strong moral compass and believes in quality over quantity. She treats every client as a top priority; thus, she will not take on many cases at a time because she wants to give each client the focus and attention they deserve. She has sharp attention to detail and is a forceful advocate for every client.

Experienced and broad based corporate/business attorney and Outside General Counsel (OGC), for start-ups, small businesses and growing companies of all sizes, advising and assisting clients with corporate and LLC formation, contracts and agreements, internet and terms of use/service agreements, trademarks and intellectual property protection, the purchase and sale of businesses (M&A), labor and employment matters, compliance and risk management, corporate governance, and commercial leasing matters. See other reviews on my website at www.ogcservices.net/reviews

I focus my practice on startups and small to mid-size businesses, because they have unique needs that mid-size and large law firms aren't well-equipped to service. In addition to practicing law, I have started and run other businesses, and have an MBA in marketing from Indiana University. I combine my business experience with my legal expertise, to provide practical advice to my clients. I am licensed in Ohio and California, and I leverage the latest in technology to provide top quality legal services to a nationwide client-base. This enables me to serve my clients in a cost-effective manner that doesn't skimp on personal service.

I assist individuals and businesses across the state of Florida with litigation, contract drafting, contract interpretation, and issues that may arise because of contract terms, including demands (cease-and-desist letters) and litigation. I have experience with non-compete agreements, privacy policies, website terms, settlement agreements, intellectual property disputes, and many other disputes. Please reach out if I can help you with a litigation- or contract-related project!

Stephen began practicing law in 2009 working as an associate documenting construction loans for local banks. Since the beginning of his career Stephen has expanded his practice to serve individuals and companies by performing commercial and residential real estate transactions, aiding in business organization and general corporate matters. While representing businesses Stephen has supports his clients by providing counsel on leasing, business succession, stock purchase agreements, mergers and acquisitions, constructions loans, as well as contract litigation. Stephen works to ensure that all matters are handled in a timely manner and to keep open communication with his clients.

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Experienced attorney focusing on estate planning, probate administration, business formation and counseling, and consumer bankruptcy.

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How to handle the accounting for collateral assignment split-dollar life insurance plans.

By Marc Giampaola , Director, Assurance Services & Michael Parillo , Senior Manager, Managed Services & Consulting

Split-dollar life insurance is an arrangement between two parties to share the costs and benefits of a permanent insurance policy. Often these arrangements are between an employer (the “company”) and an employee (the “executive”), involving a whole life or indexed universal life (“IUL”) policy. Companies generally use the policies as a Supplemental Executive Retirement Plan (“SERP”), which are considered non-qualified benefit plans.

The two most common types of split-dollar life insurance arrangements are endorsement and collateral assignment, which are defined based on which party controls the policy. Within these agreements, there are multiple documents executed, most commonly:

• Life insurance policy – Issued by the insurance company to the policy owner on the life of the insured.
• Split-dollar agreement – Agreement between employer and employee providing details of the agreement.
• Promissory note – A loan issued by the company to the employee for the cost of the policy.

Endorsement split-dollar life insurance is an employer-owned policy that endorses some or all of the death benefits to the employee’s beneficiary. The employer owns and controls the policy and, therefore, makes all policy decisions (i.e., surrender). A separate agreement is entered into between the employer and employee to define the split of costs and benefits between the two parties.

Collateral assignment split-dollar life insurance policies are owned by the employee with some benefits assigned to the employer. The employee owns and controls the policy while the employer makes the premium payments. Premiums are loans to the employee. Some level of interest on the amount borrowed must be paid. The employer is ultimately reimbursed for the premiums paid and related interest from the death benefit or the cash surrender proceeds.

There are different types of collateral assignment arrangements based on the structuring of the note within the agreement. They are as follows:

• Non-recourse arrangements rely solely on the underlying insurance policy for all repayment of principal and interest to the employer. The employee, or the employee’s estate, is not responsible for funding any shortfall by the policy to return the premium and related interest; however, any shortfall could be taxable to the employee as forgiveness of debt income.
• Limited recourse arrangements rely primarily on the underlying insurance policy for all repayment of principal and interest owed to the employer. However, if there is a shortfall, the employee or the employee’s estate may be called upon to make up the deficiency. These arrangements generally have terms requiring the employer to seek payment from the life insurance company first; the employee is secondarily liable.
• Full-recourse arrangements are similar to limited-recourse arrangements, with the difference that the employer can seek repayment of the principal and interest from the employee directly if there is a shortfall, without first pursuing any recovery from the life insurer. The employee has substantially the same net liability for any shortfall but would have the burden of satisfying the shortfall and then pursuing recovery from the policy.
• Providing cash to the insurance company and establishing a premium deposit account;
• Establishing a deposit account at a bank or credit union under the employee’s name; or
• Purchasing a single premium immediate annuity (SPIA).

The method of funding has no impact on the accounting, as there is a single loan made to the employee.

Most commonly, companies utilize collateral assignment split-dollar life insurance set up under non-recourse or limited-recourse arrangements. As such, the focus of the accounting section will be on these types of arrangements.

RELEVANT GUIDANCE

• ASC 310: Receivables (“ASC 310”)
• ASC 325: Investments – other (“ASC 325”)
• Loans and investments, November 2020 Edition (“PwC Loans Guide”)

ACCOUNTING FOR SPLIT-DOLLAR ARRANGEMENTS

The accounting for split-dollar arrangements is generally the same regardless of the structure of the agreement. Additionally, whether the promissory note is non-recourse or limited-recourse has no effect on the journal entries recorded over the life of the arrangement.

Recording the Loan at Issuance

In executing the transaction, the employer provides funding for the premium payments of the life insurance policy in exchange for a promissory note from the employee. The transaction meets the definition of a loan as defined by ASC 310-10, which states:

A contractual right to receive money on demand or on fixed or determinable dates that is recognized as an asset in the creditor’s statement of financial position. Examples include but are not limited to accounts receivable (with terms exceeding one year) and notes receivable.

Upon issuance of the loan, the employer provides cash through one of the funding methods described above and establishes a loan receivable from the executive. As an example, assume the defined loan amount is $3.0 million. The value of the loan is measured at issuance equal to the cash outlay by the Company. ASC 310-10-30-2 states:

As indicated in paragraph 835-30-25-4, when a note is received solely for cash and no other right or privilege is exchanged, it is presumed to have a present value at issuance measured by the cash proceeds exchanged.

In these arrangements, the company does not provide any other right or privilege. The promissory note is received in exchange for the cash needed to fund the premiums of the policy. As such, the value of the loan is equal to the cash paid.

The journal entry to record the example transaction is:

Recording the Interest Accrual

Once the loan is established, it begins earning interest based on the note rate, typically the long-term Applicable Federal Rate for the month and year the agreement becomes effective. Interest compounds annually. In the example transaction, assume an annual interest rate of 2.50%. Each month the company earns interest on the outstanding loan balance, and a journal entry is recorded to accrue interest on the loan. Interest is paid from the death benefit and, therefore, increases the receivable from the executive in each accounting period. The entry below represents the monthly accrual of interest:

(calculated as $3,000,000 loan * 2.5% interest / 12 months)

Recording the Settlement of the Loan

The loan is settled upon death or surrender of the policy. The company is entitled to the value of the original loan and accrued interest from inception. The cash owed to the company is paid from the death benefit or surrender value, with the remainder being paid to the employee (surrender) or the employee’s estate (death). Based on the example, assuming settlement and surrender of the insurance policy 24 months post entering into the policy (i.e., $150,000 interest earned), the entries to record the receipt of cash and settlement of the receivables are as follows:

Other Considerations for Subsequent Measurement

Collectability.

At each period-end, the company needs to analyze the value of the outstanding loan for changes in the valuation. Generally, these loans are considered not held for sale and, therefore, are reported at outstanding principal adjusted for any charge-offs, allowance for loan losses, deferred fees, and unamortized premiums or discounts based on ASC 310-10-35-47, which states:

Loans and trade receivables that management has the intent and ability to hold for the foreseeable future or until maturity or payoff shall be reported in the balance sheet at outstanding principal adjusted for any chargeoffs, the allowance for loan losses (or the allowance for doubtful accounts), any deferred fees or costs on originated loans, and any unamortized premiums or discounts on purchased loans.

Additionally, the company should analyze at each period-end any probable collection issues and the need for an allowance that would reduce the asset balance.

Value of the Loan

With an insurance policy securing the loan, further consideration is needed to determine the value of the loan. For endorsement arrangements, the employer owns the policy and, therefore, owns the surrender decision. The company values the loan at the lesser of the premiums paid or cash surrender value of the policy as of the period end date. This amount can generally be obtained from the statement provided by the insurance company.

For collateral assignment arrangements, the employee owns the policy, so the company does not control the surrender decision. However, the company does maintain the right to collect on the loan under the collateral assignment. Therefore, the company may need to consider the cash surrender value of the policy when determining the value of the loan. ASC 325-30-35-1 states:

An asset representing an investment in a life insurance contract shall be measured subsequently at the amount that could be realized under the insurance contract as of the date of the statement of financial position…

Depending on the type of note used in the agreement–non-recourse or limited-recourse– when determining the carrying value of the loan at each period-end.

Limited-Recourse

For limited-recourse, the loan is secured by the cash surrender value of the insurance policy, but the company also has the option to seek repayment from the employee if the cash surrender value is less than the outstanding loan amount. Since the loan is secured by both the policy and by the employee, the cash surrender value is not the only consideration when determining the value of the outstanding loan. As such, the value of the outstanding loan does not need to be adjusted if the cash surrender value is less than the outstanding loan, and there is no further consideration needed at period-end for these types of arrangements.

Non-recourse

For non-recourse notes, the loan is secured solely by the cash surrender value of the policy and, therefore, potential for a loss related to the loan exists if the cash surrender value is less than the loaned amount. The cash surrender value is the realizable amount of a life insurance contract at any given date. The accounting guidance does not allow a life insurance asset to exceed cash surrender value less an allowance for credit losses. The company is entitled to the premiums paid plus interest earned under these arrangements. The carrying value of the portion of the loan for which premiums were paid would need to consider the cash surrender value. This portion of the loan would be valued by the company as the lesser of the cash surrender value and the cumulative premiums paid by the reporting entity.

This is based on the premise that surrender is not within the control of the company and it is uncertain whether the company will be reimbursed for cumulative premiums paid upon death or surrender. Any premiums paid in excess of this amount should be recorded as an expense.

As an example, if the outstanding loan related to a non-recourse policy was $3,000,000 and the cash surrender value of the policy was $2,500,000, the company would need to reduce the carrying value of the loan to the cash surrender value and recognize a loss related to the loan. The entry below represents how the company would record the adjustment:

While the general accounting for these arrangements is similar, specific details and terms within all documents included in the agreement need to be evaluated when determining the appropriate accounting, and companies should consult their accountant with any questions. Additionally, there are potential individual income tax implications for the executive related to these arrangements that should be considered.

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What is a Collateral Assignment of Mortgage and How Do You Handle It?

Imagine you're ready to insure the sale of a property, from Vincent L. Gambini to Mona Lisa Vito. Everything seems straightforward – there's a mortgage to be satisfied, but that's standard procedure. However, the title commitment mentions an additional requirement: a "Collateral Assignment of Mortgage" involving Wahzoo City Bank and Brooklyn Bank.

What's a Collateral Assignment? Think of it as a loan within a loan. Wahzoo City Bank didn't simply sell the Gambini mortgage, they used it as collateral to secure their own loan from Brooklyn Bank. So, Brooklyn Bank has a stake in the transaction.

Why Does This Matter? Is a simple mortgage satisfaction enough? No, you need both. The Collateral Assignment of Mortgage served as security for a loan from Brooklyn Bank to Wahzoo City Bank. Simply satisfying the Gambini mortgage doesn't clear Brooklyn Bank's interest. They need to be satisfied too, either through:

• Satisfaction of the Collateral Assignment: Brooklyn Bank acknowledges they no longer have a claim on the mortgage.
• A Reassignment: Brooklyn Bank assigns their interest in the Gambini mortgage back to Wahzoo City Bank.

Watch Out for Hidden Assignments The document might not be titled "Collateral Assignment" – it could just be an "Assignment of Mortgage." Don't be fooled. Carefully review the document's content. Was it an absolute transfer of the underlying loan, or was it used as collateral to the assignor? Remember, a little extra vigilance can save you a big headache down the road.

Whether you’re dealing with a complex commercial transaction or a property sale with collateral assignment, it’s crucial to have a dependable underwriter to help you navigate the complexities that arise in real estate transactions. If you encounter a situation like this, or anything else seems unclear in the title search, don’t hesitate to contact your underwriter or Stewart agency representative. We’re here to support you and ensure a smooth closing for you and your clients.

For more information, reach out to your local Stewart representative or visit virtualunderwriter.com for up-to-date information on the latest in underwriting.

If you are a Stewart Trusted Provider, feel free to contact your Stewart underwriting counsel with questions.

Interested in more? Check out these articles. General Requirements to Insure a Leasehold Estate Navigating Title Insurance for Submerged Lands and Shorelines Wire Fraud 101: What is Wire Fraud and How Can You Help Prevent It? Protect Sellers From Loan Modification Claims

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What Is A Collateral Assignment?

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Life insurance is often the key to securing a loan.

Frequently, lenders request a  collateral assignment of life insurance  as a requirement for loan approval.

Your bank, or lending institution, has an interest in guaranteeing the loan they provide will be paid back , regardless of your circumstances.

Think of an assignment of life insurance as collateral as a promise to your lender.

It’s the lender’s job to assess your ability to repay a loan, and the promise of a life insurance policy can make all the difference.

Here, we will cover life insurance as a collateral assignment in its entirety so that you can make an educated decision moving forward.

Table of Contents

• Definitions
• Requirements
• How To Decide

What Is Collateral Assignment Of Life Insurance?

A conditional assignment in which the lender is a recipient of the death benefit (or cash value) of a life insurance policy for an amount equivalent to the balance of the loan.

Let’s take a look at a couple of definitions related to collateral assignments:

• Collateral  – something offered (in this case, life insurance) as a guarantee of loan repayment if you default on your loan.
• In other words, your lender no longer qualifies for the death benefit or cash value of your policy once your loan is paid off.

SBA loans , structured settlement buyouts, and bank loans commonly require life insurance as collateral.

Requirements For Assignment Of Life Insurance As Collateral

There are two primary requirements to secure a loan through the assignment of a life insurance policy:

• The life insurance company must approve  the assignment (most do).
• The lender must accept  the life insurance policy as collateral.

Process Of Securing Collateral Assignment

The steps to securing your loan through the assignment of life insurance as your collateral are typically uncomplicated:

• Purchase life insurance  – be sure to name primary and contingent beneficiaries .
• A collateral assignment is accomplished via a collateral assignment form . Your life insurance carrier typically provides the form.
• Note – a collateral assignment can only be processed after your policy’s issuance.

Key Details

• List beneficiaries other than your lender (for example, your spouse). Your lender should NOT be your primary beneficiary.
• As a collateral assignee, your lender will ONLY receive the amount of life insurance proceeds which covers the balance (principal plus interest ) of your loan, should you pass away prior to payoff.
• The remaining death benefit (or cash value amount if utilizing a permanent life insurance policy) will go to your designated beneficiaries.

Important Note!

Collateral assignments are first-in-line for your life insurance proceeds. Your beneficiaries are second-in-line.

Said differently, your policy’s proceeds go to your lender first, in the event of your death.

Once your loan is satisfied, your beneficiaries receive the remaining death benefit.

Types Of Life Insurance Used As Collateral

Just about any form of life insurance can qualify for collateral assignment as long the lender accepts it as collateral.

You will want to select the best life insurance policy to fit your needs.

Consider the following types:

It’s common to be in a hurry to secure a loan.

No exam life insurance often takes weeks off of the application process, making this type of life insurance ideal for a collateral loan assignment.

What is it?  Life insurance issued without a medical examination of the insured.

No exam life insurance is available as term life insurance, universal life, and whole life insurance.

Is No Exam right for me?

There are a number of instances in which we recommend no exam life insurance:

• You need life insurance, fast . Some carriers will issue a no exam policy within minutes .
• You have a few health conditions . If you are in less than excellent health, you may qualify for better rates by skipping the paramedical exam.
• You haven’t seen a doctor in a number of years . It’s possible something might pop-up on your blood work that you are unaware of, like high cholesterol or elevated blood sugar.
• The idea of needles and nurses makes you wince . Yep, just go ahead and skip dreaded needle if you want.

Term life insurance is popular because you can purchase a large amount of coverage with cost-effective premiums.

What is it?  Life insurance issued for a specific period of time. For example, 10 or 20 years .

Term life insurance provides coverage for when you need it most. For instance, you likely need protection while you are raising a family and working.

Premium payments and death benefit are typically level (they stay the same) for the amount of time chosen.

Is Term right for me? 

Consider purchasing term if:

• You need a life insurance policy with a larger face amount.
• Your life insurance needs are for a particular amount of time.
• You are on a budget.

Whole life insurance , also called permanent life insurance, lasts your whole life.

What is it?  Lifelong life insurance protection which includes a cash value component.

Whole life insurance, as long as you make your premium payments, will not expire.

Your premium payments are typically level, and can even go away in later years.

Is Whole right for me?

Whole life insurance can make sense under certain circumstances:

• You want a cash value component to your policy.
• The policy loan features interest you.
• Life insurance coverage which does not expire is ideal for you.
• You plan to give a financial gift via life insurance.

Universal life insurance (UL) is a specific type of permanent life insurance.

What is it? A form of whole life insurance with flexible premium payments and an investment piece.

Universal life insurance is known for its adaptability.

Is Universal right for me? 

Universal life insurance includes unique characteristics:

• Market performance affects the investment component of your policy.
• Your premium payment amounts can be flexible. They are dependent on your life insurance needs and the needs of the policy.
• The death benefit is often adjustable.
• Your policy is permanent and lasts your whole life.

Guaranteed Universal

Guaranteed Universal life insurance (GUL) is ideal for someone who is looking for an affordable life insurance policy which would likely last your entire life.

What is it?   GUL is a hybrid of term and permanent life insurance products.

Guaranteed Universal is popular because it’s a cost-effective way to secure life insurance coverage until you reach a certain age, often over age 100.

Is Guaranteed Universal right for me?

Also called No Lapse , Guaranteed Universal life insurance has many appealing features:

• Policy length is determined by an age limit, not term length. For example, your GUL policy can last up to age 121.
• Your policy will likely be more expensive than term life insurance but cost less than whole life insurance.
• There is often not a cash value component.
• Your premium payments and death benefit are level.

You have the option to utilize the cash value of a permanent life insurance product (Whole Life, Universal Life, sometimes Guaranteed Universal Life) for collateral assignment. That way, your beneficiaries receive all of the death benefit.

Keep in mind , your access to the cash value of your policy will commonly restricted if you have a collateral assignment attached to it.

You will want to go about securing your collateral assignment in the best possible way and avoid potential pitfalls.

Pay close attention to our list of important do’s and don’ts:

• Purchase life insurance that is approved for collateral assignment
• Name primary and contingent beneficiaries
• Verify with your lender that the policy will qualify
• After loan payoff, obtain a release of assignment from lender
• Submit release of assignment to life insurance carrier

Don’t

• Assign lender as primary beneficiary
• Purchase a policy with a face amount that is less than your loan amount
• Let your policy lapse
• Lose the original policy
• Lose track of repayment schedule

Commonly Asked Questions About Collateral Assignments

It depends. The amount of time it takes to secure your collateral assignment is dependent on the carrier, the type of life insurance policy, and your unique needs. For instance, if you purchase a no medical exam life insurance policy, the process will be much faster than if you participate in a paramedical exam (fully underwritten policy). Potentially, your collateral assignment could be in place within days, or it might take weeks.

Keep in mind, you DO NOT want to list your bank or lending institution as your primary beneficiary. Instead, name those you care about most, and depend on you financially, as your beneficiaries. That way, your lender – as a collateral assignee – only receives a death benefit amount that equals the balance of your loan. The remaining policy proceeds will go to your beneficiaries.

Not necessarily. In general, a life insurance purchase does not require you to have a stellar credit rating. In fact, qualifying for a loan usually has stricter credit score requirements . If, however, you are going through bankruptcy proceedings , or you have recently, your life insurance application will likely be affected. Speak to an independent life insurance agent for information about bankruptcy and life insurance.

In a word, don’t. Plan on your lender being notified if you miss a premium payment. If you encounter financial hardship and find difficulty in making your premium payments, contact your lender right away to discuss options. Should you default on your life insurance policy, your lender could consider your loan to be in violation of the contractual provisions. Your lender may make premium payments on your behalf to keep the policy in force. Your loan will (almost always) have the payments made for you tacked on to the loan balance. If you are utilizing the cash-value of a whole life insurance policy as collateral, your lender will likely have the ability to pull funds from the cash-value to make your premium payments.

Yes. If you would like to use a different life insurance policy as a collateral assignment, speak to a life insurance agent about the process. As long as the other life insurance policy qualifies, you can change your collateral assignment. Remember, there are two primary requirements for the assignment of life insurance as collateral: 1. Your carrier must agree to the collateral assignment of the life insurance policy. 2. The lender must approve the collateral assignment – meaning the policy needs to be for an appropriate amount and length of time .

No. You do not need to be the insured on the life insurance policy. You do, on the other hand, need to be the policy owner . The policy owner has control of the life insurance contract and has the ability to designate a collateral assignment. Often the insured and policy owner are the same person.

This type of collateral assignment is unique to employers and their key employees. Split dollar plans are not designed for individuals looking to secure a loan. Essentially, a collateral assignment under a split dollar structure allows an employer to loan money to a key employee to make premium payments on a life insurance policy. In turn, the employee assigns the life insurance policy as collateral for the loan. The intended result is to provide additional value to employees who are vital to a company’s success.

Yes. As long as your policy meets the requirements, multiple lenders can accept your policy as a collateral assignment. For example, let’s say you are in the process of securing loans through your bank and an additional lending institution. Your bank loan is for $50,000 and your lending institution loan is for $80,000. The term lengths on your loans are 10 years and 15 years, respectively. In this hypothetical, say you own a 20-year term life insurance policy for $250,000. Your policy is for an amount and term length that would satisfy the collateral needs of both loans. As long as the life insurance company and lenders agree, your policy can be used as a collateral assignment for the two loans.

Possibly. You will typically need written consent from your lender prior to taking out a loan. Remember, policy loans are available through whole life insurance. In essence, your lender must agree that the collateral assignment is not put in jeopardy as a result of a policy loan. You will want to contact your lender to discuss your options.

Contact your lender as soon as your loan is paid off. The lender will provide a formal release of collateral assignment form. The form surrenders their rights to your life insurance policy. You will submit the form to your life insurance carrier . That way, your beneficiaries will not encounter delays to your policy’s proceeds.

Is Collateral Assignment Right For Me?

The collateral assignment of life insurance DOES make sense if:

• You are in the process of securing a loan with a collateral assignment stipulation.
• You do not have cash reserves to use as collateral for loan approval.

The collateral assignment of life insurance does NOT make sense if:

• Your loan can be approved without a collateral requirement.
• Another acceptable (and preferred) form of collateral, like cash, is available.

Final Thoughts

There a number of important things you need to know if you are in the process of establishing a loan with a collateral assignment requirement:

• Your life insurance carrier must approve  the assignment, while your lender must accept the assignment.
• Most types of life insurance policies qualify as collateral.
• Your lender should be your collateral assignee , NOT your primary beneficiary.
• A collateral assignment can take just a  few days , however, it may require weeks, so plan accordingly.

Finally, the process of establishing a collateral assignment of life insurance is typically simple and straightforward, but feel free to ask someone for help.

Life insurance is an invaluable tool for securing an important loan.

Heidi Mertlich

Heidi Mertlich is the owner of NoPhysicalTermLife.com. She is an independent life insurance agent specializing in no medical exam life insurance. Heidi is also an author for LifeInsurancePost.com, an online community of life insurance experts.

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ThinkSBA is a Nationwide SBA 504 and 7a Loan Brokerage serving small business and entrepreneurs purchasing owner occupied real estate, acquiring a business or franchise or buying out a partner.

Collateral Assignment of Life Insurance Requirement For SBA 7(a) & 504 Loan Programs

Life insurance is a contract between a policyholder and insurer where the insurer promises to pay the insured’s beneficiary an agreed amount upon their death. The most common application is between heads of household and their dependents.

Life insurance is also leveraged by commercial lenders as a risk mitigation tool for loan applicants of privately held, family owned businesses.

Similarly, the SBA requires that loan applicants obtain a collateral assignment of life insurance in favor of the lender when the business is formed as a sole proprietorship or single member LLC and is otherwise dependent on one owner’s active participation.

Examples of businesses dependent on one owner’s participation include businesses where special training or licenses are required such as doctor’s offices, assisted living facilities, contractors, mechanic shops, etc.

The required face value of the insurance policy for 7(a) loans is established by the lender who takes into consideration the operating businesses industry classification code, loan amount, length of loan term and available collateral.

On the other hand, Certified Development Companies (CDC) which fund the 504 2nd Deed of Trust, also known as the Debenture, must require a collateral assignment of life insurance with a face value equaling the Debenture minus the available collateral’s discounted liquidation value based on the following schedule:

• Commercial real property including buildings: 75% of appraised value
• Residential real property including buildings: 80%. of appraised value
• Land only and Equipment: 50% of appraised value
• Leasehold improvements, Furniture and fixtures: 5%. Of appraised value

Now, pay close attention to these three important points.

• A collateral assignment of Term Life insurance is acceptable to meet the SBA’s requirement. No lender should require Universal or Whole Life insurance which are generally more costly.
• A loan applicant may assign to the lender or CDC an existing policy that meets their underwriting guidelines.
• A lender can waive the requirement to obtain life insurance if a licensed insurer provides written documentation that the loan applicant is unable to obtain life insurance. Some lenders require denial letters from a minimum of two licensed insurers.

As a best practice, I recommend loan applicants discuss the requirement to obtain life insurance with their loan broker or SBA business development officer upon or before the loan is submitted to underwriting or is scheduled to be presented at loan committee.

The length of time it takes to obtain life insurance is between one to six weeks, or more depending on the life insurance company’s pipeline density, underwriting practices and the loan applicant’s age and health status.

About Ryan Smith

Ryan Smith is Principal and Founder of ThinkSBA® , and Creator of The My SBA Loan Pro Podcast . Ryan specializes in assisting business owners and entrepreneurs with obtaining financing to purchase owner occupied real estate, acquire a business or franchise, or buy out a partner. Ryan accomplishes this by leveraging over eighteen years experience inside two of America’s top financial institutions.

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HR Assistant (official title: Assignment Technician)

Published Date: Aug 23, 2024

Location: US

Company: Los Angeles Unified School District

Minimum: $26.80 Hourly  

Maximum: $32.61 Hourly

August 23, 2024 - September 9, 2024

We are LAUSD. We are at the forefront of innovation in public education, focused on a clear and inspiring vision of the future for all of our students as they venture forward on their journey as lifelong learners. Here, you will have the opportunity to exercise your potential in a role supporting the business of education. Our work directly contributes toward the goal of ensuring that our students graduate ready for the world – ready to thrive in college, career and life. LAUSD is the second largest school district in the nation with an enrollment of nearly 575,000 students. We serve an area totaling 710 square miles, with over 1,190 schools and educational centers, and we employ over 74,000 individuals, making us one of the largest employers in our city.

LAUSD Employees:  Please be advised that all LAUSD employees must sign in to the GlobalProtect Virtual Private Network (VPN) in order to submit an application from an external network outside of an LAUSD location. For assistance with installing the GlobalProtect virtual network, please contact Information Technology Services at (213) 443-1300 or (213) 241-5200. 

An Assignment Technician applies pertinent federal and State employment related laws, rules, policies, collective bargaining agreements, and procedures for the preparation of assignment transactions and explains regulations and procedures to District employees and the public.

Insurance: Paid premiums for your choice of several medical, dental, vision, and life insurance plans.

Retirement: Membership in the California Public Employee Retirement System (CalPERS).

Vacation: Full-time employees earn up to two weeks of paid vacation to start. Three weeks after five years of year-round paid service.

Paid Holidays: Up to 13 days.

An Assignment Technician applies knowledge of federal and State employment related laws, rules, policies, collective bargaining agreements, and procedures in performing the following duties (some positions perform these duties in accordance with Education Code, Personnel Commission, and other legal or negotiated mandates). Please note that the duties for this position will be performed on-site and in-person. 

Typical duties include:

• Maintaining confidential employment eligibility lists and certifying eligible candidates to appointing authorities, making official job offers, and ensuring the rule of three ranks is adhered to for applicable classifications.
• Processing requests for assignment transactions, including the implementation of salary and retroactive compensation for non-routine requests and Personnel Commission authorized actions such as reclassifications, reallocations, and salary differentials.
• Explaining assignment transactions and leave forms to administrators, employees, and the public.
• Processing and scanning documents related to assignment transactions such as appointments, reinstatements, reassignments, changes of location, transfers and transfer applications, work summaries/histories, promotions, demotions, leaves of absence, layoffs, separations, retirement applications, and deceased actions.
• Explaining laws, rules, procedures, and labor contract provisions pertinent to assignment.

NOTE: This is not an exhaustive list of the responsibilities of this position. For a comprehensive list of duties performed in these classifications, please visit:  https://bit.ly/3Xepcqp

EDUCATION Graduation from High School or evidence of equivalent educational proficiency. 

EXPERIENCE   Six months of clerical experience in the preparation and processing of District assignment transactions. 

                                                                      OR

Two years of clerical experience that included application of personnel or payroll regulations. Successful completion of one year of college or business school may be substituted for six months of experience.

The employment selection process for Assignment Technician tentatively consists of a computerized data entry test and an interview.

TESTING PROCESS

• The computerized performance assessment will assess your proficiency in data entry skills.
• The testing will be conducted remotely, and all applications will be required to submit a Candidate Confidentiality Form prior to testing. Failure to submit these forms before the given deadline will result in the withdrawal of your application from the selection process.
• Candidates who receive a failing score on any test module will NOT be eligible to move forward in the selection process.

NOTE: This test may be administered on a continuous basis; as such, passing scores that are less than one (1) year old may be applied for this assessment.

• The hiring departments have requested that we proceed with the selection process in a quick and timely manner. To honor this request, we will be adhering to a pre-planned employment assessment schedule. Please continue to monitor your email for testing information periodically. 
• Please be sure to include correspondence from @lausd.net as an approved sender so that messages aren't accidentally placed into your spam/junk e-mail folder.
• We anticipate receiving a number of well qualified applicants for this position; therefore, there will be a competitive process.

To apply, click the "Apply" button at the top right corner of this page and log into the application management system; then, (1) click on each of the dropdown tabs and complete the requested information; and (2) submit your application by clicking on the "Apply" button at the bottom of the page to complete the application process, or click "Save" to save your application to complete at a later date. 

DO YOU NEED TECHNICAL ASSISTANCE WITH THE ON-LINE APPLICATION?

Email us at [email protected]

To find out whether the application deadline has been extended, visit the website at: http://www.lausdjobs.org

The Los Angeles Unified School District intends that all qualified persons shall have equal opportunities for employment and promotion. Reasonable accommodations in completing an application and testing are available to individuals with disabilities. Please call (213) 241-3455 for more information.

Selection and promotion are based on a competitive employment assessment process. Candidates who pass all parts of the assessment process are placed on a hiring (eligibility) list based on their assessment score. Hiring departments may make job offers to candidates on the top three ranks of the hiring list. Eligibility typically lasts for 12 months. The hiring list resulting from this assessment process may be used to fill open positions in related job classifications.

The Los Angeles Unified School District is committed to providing a working and learning environment free from discrimination, harassment, intimidation, abusive conduct, or bullying. The District prohibits discrimination, harassment, intimidation, abusive conduct or bullying based on actual or perceived race or ethnicity, gender/sex (including gender identity, gender expression, pregnancy, childbirth, breastfeeding/lactation status and related medical conditions), sexual orientation, religion, color, national origin (including language use restrictions and possession of a driver’s license issued under Vehicle Code), ancestry, immigration status, physical or mental disability (including clinical depression and bipolar disorder, HIV/AIDS, hepatitis, epilepsy, seizure disorder, diabetes, multiple sclerosis, and heart disease), medical condition (cancer related and genetic characteristics), military and veteran status, marital status, registered domestic partner status, age (40 and above), genetic information, political belief or affiliation (unless union related), a person's association with a person or group with one or more of these actual or perceived characteristics, or any other basis protected by federal, state or local law, ordinance, or regulation in any program or activity it conducts or to which it provides significant assistance. For inquiries or complaints contact our Equal Opportunity Section, (213) 241-7685.

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