What is the True Cost of Lawsuit Funding?

Written by admin on July 31st, 2011

The question above often asked as it pertains to lawsuit cash advance funding. And the answers are not always easy . This post will attempt to answer this question in a little more detail.

The case loan or pre-settlement cash advance is a unique investment. As investments are concerned, the pre settlement funding represents an opportunity to aid plaintiffs who are involved in litigation pay some or all of their bills while waiting for their lawsuit to end . Whenever help is needed  , you will find folks embracing strategies to help . But the opportunity readily available to investors in the legal loan business is the same as any other business in that there are still expenses associated with providing the service.

So, even though prospective clients may complain about the cost of thelawsuit loan as compared to home loans or credit card cash advances , the cost really just represents the cost of doing business for revenue. And the reasons for this are plentiful.

One such reason is the cost of getting the business. 10 years ago, when the pre-settlement funding business just beginning, lawsuit loans companies charged outrageous charges for cash advances. It is true that the rates actually lowered over time. And this is as it should be because more and more historical data is available from which to evaluate the risks. Before this data was accessible, investors were essentially ‘flying blind’ in an investment without any historical past of investment return.

While rates are less than in the past, the typical legal loan still yields a return larger than a vehicle or home loan. However, the risks are not the same. First, Funding for a car loan and a pre settlement loan are different. With a car loan, the financial institution can collect on the loan in the event payment is not made. For example, the lender can attach a “claim” against any property the applicant might own. A legal loan is what we call “non-recourse” in that if there is no recovery, the money does not have to be paid. Technically, thelawsuit funding outfit acquires a piece of the recovery amount of the proceeding. In a way this is better for the lawsuit finance company in that the lawyer forwards the funds straight to the “lender”. But, as stated earlier, if the case loses, then the buyer has NO claim against the claimant.

The lawsuit funding business is evolving.  Like any enterprise, the more it matures, the more efficient the company becomes.  Because of competitors, this efficiency often shows itself in prices.  And the savings are ultimatelygiven to the client.  Perhaps this is the single most important reason why the quality of cases ultimately approved for a lawsuit cash advance is increasing and the costs for these “preferred cases” is decreasing.

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