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What Is a Collateral Assignment of Life Insurance?

how to do collateral assignment

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

how to do collateral assignment

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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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, related articles.

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how to do collateral assignment

Collateral Assignment of Life Insurance: Everything You Need to Know

collateral assignment of life insurance complete guide - everyday lfie insurance online calculator

  • August 8, 2023

Life insurance isn’t just about peace of mind for the future; it can also serve as a lifesaver when you’re looking for ways to secure a loan. This clever maneuver is known as a collateral assignment of life insurance. It’s a deal between you and your lender where your life insurance policy, specifically the cash value component, is used as collateral for a loan.

When assigning your life insurance policy as collateral for a loan, the lender will become a temporary beneficiary of your policy. If the assigner dies before repaying the loan, the lender can claim the death benefit up to the outstanding loan balance. If the policyholder defaults, the cash value of the policy will be collected.

Who can benefit from the collateral assignment of life insurance?

If you need to secure a loan but don’t have typical assets like a house or significant savings, collateral assignment of life insurance could be your ticket. It’s great for small business owners, entrepreneurs, and folks with sizable insurance policies but limited liquid assets. 

To use a life insurance policy as collateral, the policy term should be at least as long as the loan duration and should possess a cash value component equal to the loan amount.

What types of life insurance can be used as collateral?

To make this work, you’ll need a permanent life insurance policy that has a cash value component. This includes options like whole life, universal life, and variable life insurance. Unfortunately, term life insurance doesn’t quite make the cut, as it lacks a cash value.

How to use life insurance as collateral for a loan?

1. Ensure the lender accepts life insurance as collateral.

2. Apply for the collateral assignment through the bank or directly with the insurer. 

3. Fill out an “assignment of Life Insurance Policy as Collateral form” provided by your insurer. 

4. Submit the form to the insurer, and wait for approval.

5. Once the collateral assignment is approved, notify your bank or lender. 

6. Bank or lender will set the loan terms such as the interest rate, payment terms, and other obligations.

how to do collateral assignment

Is life insurance as collateral widely accepted? Do all banks accept it?

Typically, permanent life insurance policies such as whole life and universal life, which have a cash value component, can be used as collateral. Lenders such as banks want security, and the cash value component of a whole life insurance policy provides this. This cash value grows over time and can be used if the borrower defaults on the loan, which decreases the risk for the lender.

How is the loan amount determined when using life insurance as collateral?

The borrowing capacity is determined as a proportion of the cash value, varying across different insurance companies. Typically, the permissible borrowing range hovers around 90% to 95%. Applying these percentages to a cash value of $50,000, one could potentially secure a loan amounting to $45,000 to $47,500.

What happens when you are unable to pay back the life insurance loan?

The cash value of your policy will be collected by the lender. If this is insufficient, the amount you owe is deducted from the death benefit when you pass away. In some instances, you might also incur a substantial tax bill.

Is the collateral assignment of the life insurance agreement permanent? 

No, the collateral assignment of the life insurance agreement is not permanent. It’s tied to the lifespan of the loan. Once the loan is fully repaid, the assignment can be released, and the life insurance policy returns to its original beneficiary arrangement.

What are the tax implications of using life insurance as collateral for a loan?

If the amount you borrow directly from the insurance company is equal to or less than the total insurance premiums you have paid, it is not subject to taxation. However, If you surrender your policy, or allow it to lapse, and the total amount of outstanding loans and interest surpasses what you have paid in premiums, there is a possibility of incurring a tax liability. In essence, you would be required to pay income tax on any investment earnings in that scenario.

Best Online Life Insurance Calculator

At Everyday Life Insurance , we specialize in finding the perfect policy to match your unique circumstances. Whether you’re a small business owner looking to back your loan or a stay-at-home mom working to provide for her family, we’re here to help. Use our online life insurance calculator to find the best plan for your finances, in just 15 minutes.

Disclaimer : The comments, opinions, and analyses expressed at Everyday Life are for informational purposes only and should not be considered individual investment, legal or tax advice.

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Collateral Assignment

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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.

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how to do collateral assignment

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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We are business and immigration attorneys, committed to delivering compassion-driven and innovative legal solutions that better our clients' lives. Founded in 2019, Carbone Law provides legal services tailored to the unique needs of our clients. We pride ourselves in building a personable attorney-client relationship and are dedicated to establishing a complete understanding of our client’s legal issues, so that we can develop an effective plan for achieving their desired results. Michael T. Carbone, Esq. started Carbone Law with the goal of delivering exceptional legal services to his community. At Carbone Law, Michael counsels individuals and small businesses on a variety of legal issues. Whether aiding families in building successful applications for immigration benefits or advising freelancers and business owners on contract, governance and related issues and the complexities of complying with federal, state and local laws, Michael is committed to building a lasting relationship with his clients.

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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.

how to do collateral assignment

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 for Life Insurance: A Comprehensive Guide

how to do collateral assignment

When you apply for a loan, the lender wants to make sure you have the financial resources to repay your debt. In some cases, the underwriter may ask you to provide a form of collateral. This is typically something of value that you pledge to forfeit to the lender if you default on the loan.

Depending on your circumstances, you may be able to use your life insurance policy as a form of collateral. This could help improve your approval chances for a loan or a mortgage, but there are some important things to understand before utilizing it. Learn how collateral assignment in life insurance works, explore the upsides and downsides of choosing this option, and some alternatives you may want to consider.

Table of Contents

What does it mean to have collateral assignment of life insurance.

Collateral assignment of life insurance allows the lender to be the primary recipient of your life insurance policy’s death benefit if you have an outstanding loan balance when you die. Some assignments also allow the lender to tap into the policy’s cash value if you default on your loan. While using life insurance as collateral does not prevent you from naming your own primary and contingent beneficiaries , it does mean that the lender is paid in full before anyone else. Once the loan balance is covered, your named beneficiaries receive whatever is left.

In some cases, collateral assignment allows the lender to take over your entire policy if you stop making payments on your loan. If you stop paying your policy premiums, the lender may also take over premium payments and add the cost to your principal balance. Collateral assignment can vary depending on the lender and the insurance carrier , so it’s important to carefully read all documents before signing any agreements.

When Is Collateral Assignment Used?

Although life insurance collateral can be used for many types of lending agreements, collateral assignments are commonly used for mortgages and business loans rather than for student loans or credit card debt. They are also not used for unsecured loans, as these types of loans do not require collateral. 

It’s fairly common for a lender to request collateral assignment of whole life insurance and other types of permanent life insurance policies since they have a cash value that’s accessible at any time. This may allow the lender to access the cash value upon your default instead of only having protection when you die.

How Life Insurance Collateral Works

When you take out a loan with an assignment of life insurance, the application process is similar to the process for other types of loans. The main difference lies in the assignment of the insurance policy, which you can do by contacting the insurance carrier and requesting the required paperwork. 

If you and your spouse co-own a life insurance policy, you must both agree to the assignment and be listed as co-assignors. If your spouse does not agree, you cannot use that policy as collateral. It’s also important to note that lenders generally limit the amount of your policy value that you can use for collateral. For example, you may only be able to use 50% to 90% of the policy’s cash value when you collateralize your loan. Each lender and insurance carrier may have different rules, so it’s important to confirm this before completing your application.  

In some cases, you may also need to get permission from the life insurance company to use the policy as collateral. Once the request is approved and the paperwork completed, the lender can move forward with the underwriting process and either approve or deny your loan request.

When you’ve paid off your debt, you can contact your insurance carrier and let them know you need to release the collateral assignee for your life insurance. As long as your loan has been paid, the lender cannot make a claim against your policy, even if you forget to take this step. However, collateral assignments must be settled before funds are distributed to your beneficiaries, so completing this process can help your beneficiaries avoid unnecessary delays.

Term vs. Permanent Life Policies

Lenders generally prefer permanent policies for collateral assignment, but some may accept a term life policy as long as the insurance coverage term lasts at least as long as your loan term. Each lender is different, so you need to confirm the requirements when applying for your loan.

The lender may also prefer a permanent policy because it can provide access to its cash value. Since term policies have no cash value, there’s no recourse for the lender until you die and they’re able to access the policy’s death benefit.

Current vs. New Policies

Some lenders allow you to collaterally assign a life insurance policy you already have in place, while others may require you to take out a new policy. Your ability to use an existing policy also depends on whether the insurance company allows collateral assignment. 

Some insurance companies also do not allow you to complete a collateral assignment during the application process. In this case, you need to finish the process of setting up your policy, then file paperwork to complete the life insurance assignment. Keep this in mind when determining your timeline to complete the required steps. 

Assignees vs. Beneficiaries

When assigning a lender to our policy, you do not name the lender as your beneficiary . Instead, you name the lender as an assignee and designate your beneficiaries in the same way you would with a non-assigned life insurance policy.

If you die before you finish repaying your loan, the lender receives the outstanding loan balance. Your beneficiaries then receive the remainder of the death benefit. If you’ve named multiple beneficiaries, they each receive their designated percentage of the remaining balance.

Should You Consider Using Your Life Insurance as Collateral?

While using your life insurance as collateral may be an option for you, it’s important to carefully consider the pros and cons of doing so. This can help you determine whether it’s a good option for you or if you may want to consider an alternative.

Pros  

If your bank requests a life insurance collateral assignment, you may consider agreeing based on the following advantages: 

  • Improved loan approval odds:  Assigning your life insurance policy as collateral may help you get approved for a loan so you can reach your financial goals, such as starting a business or buying a home.
  • Asset protection:  When you use a life insurance policy as collateral, you’re not risking other assets, such as your home or retirement account.
  • Affordable rates:  Due to the certainty collateral assignment adds to a loan application, lenders may be willing to offer lower interest rates on collateralized loans.
  • Tax benefits:  When you use a life insurance policy as collateral, there are no tax implications. This may not be the case if you take out a policy loan or a withdrawal. 

Cons  

While collateral assignment may initially seem like a great idea, there are some potential drawbacks to consider before making your decision:

  • Estate planning issues:  If you die before your loan is paid off, the collection of collateral could throw off your estate plan and leave your beneficiaries without the financial security you originally planned to provide.
  • Loss of control:  When you use an insurance policy as collateral, you’re required to keep it in place until the loan is paid off. Otherwise, the lender could take out another policy on your behalf and add the premiums to the principal of your loan. 
  • Limited access to cash value:  Some forms of collateral assignment may limit your ability to access your policy’s cash value, which reduces your financial flexibility.
  • May require a new policy:  Some lenders do not allow borrowers to use existing policies as collateral, and taking out a new policy requires time, effort, and additional expense. 

Alternatives to Collateral Assignment

If you’re not sure that collateral assignment is the right option for you, then you might consider exploring some alternatives. Here are a few options that may help you get the cash you need. 

Utilize a Life Insurance Cash Value Loan  

Rather than assigning your policy to the lender, you could directly tap into your cash value by taking out a life insurance loan. However, to take advantage of this option, you need to have your policy in place long enough to build up sufficient cash value, which can take several years. When you die, your unpaid loan balance and interest charges are also deducted from the death benefit.

Cash Surrender

You may consider giving up your permanent life insurance policy and taking the cash surrender value . Before choosing this option, keep in mind that it requires canceling your policy, potentially leaving you without coverage or in need of a replacement policy. You may also be subject to penalties if your policy is still in the surrender period when you initiate the cancelation.

Take Out a Home Equity Loan

If you’re not comfortable using your life insurance policy as collateral, you may consider taking out a home equity loan instead. This type of loan uses your home as collateral rather than your life insurance policy. This may also be an option if you do not already have a life insurance policy in place or your lender requires you to take out a new policy and you have health issues that prevent you from being approved for life insurance coverage.

Take Out an Unsecured Loan

Unsecured loans are not backed by collateral. This could be an option if you do not want to take the chance of losing your current assets. However, keep in mind that unsecured loans may be harder to get and typically have higher interest rates than collateralized loans.

Take Out a Term Life Insurance Policy  

In some cases, the lender may not require collateral assignment, but borrowers want to ensure their debts are paid upon their death. You can accomplish this by purchasing a term life insurance policy with a term that is equal to your loan term. This allows you to sidestep the collateral assignment process while still providing your heirs with the funds needed to pay off your remaining debt. The beneficiaries can also use any remaining death benefit as they see fit.

As you weigh your options, consider how each alternative fits with your current needs, risk tolerance, and comfort level.

Plan for your family’s future. Get a life insurance quote today.

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What Is Collateral Assignment of Life Insurance?

Updated: December 14, 2023

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On This Page:

  • How It Works
  • Overview of Application Process
  • Pros and Cons
  • Impact on Beneficiaries
  • Alternatives

Related Content

Advertising & Editorial Disclosure

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 the loan is paid off, 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.

  • 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 loan repayment demands.
  • After the loan is fully repaid, the policyholder must formally release the collateral assignment to restore the policy to its original status and ensure beneficiaries receive the full death benefit.

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, this arrangement means the death benefit they receive could be reduced. 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 was assigned 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.

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 crucial for designating the lender as a 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.

Signed by Both Policyholder and Lender

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 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 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:

  • 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 requisite 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 collateral assignment.

Pros and Cons of Collateral Assignment

Utilizing a life insurance policy for collateral assignment can offer a range of benefits and potential drawbacks. This method 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.

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 primary beneficiary 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 full death benefit.

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. Each option offers different benefits and risks compared to using life insurance as collateral.

These questions covers various topics related to collateral assignments, including the requirements, implications for beneficiaries and what happens under various scenarios.

How does collateral assignment differ from naming a beneficiary?

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

Can any type of life insurance policy be used for 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.

Can the policyholder still change beneficiaries after a collateral assignment?

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.

What happens if I cancel my life insurance before paying off the debt collateralized with my policy?

Canceling your life insurance policy before repaying the debt can lead to a breach of the 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 types of 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 lets you calculate the appropriate amount of life insurance coverage needed, which is crucial when considering using a policy for collateral.

About Nathan Paulus

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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.

What Is A Collateral Assignment Of Life Insurance?

A couple signing up for Collateral Assignment

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A collateral assignment is sometimes a necessity if you’re applying for larger financing amounts such as a mortgage or business loan.

But what is a collateral assignment and how do you go about getting it on your life insurance policy? 

In this article, we’ll cover what collateral assignment is, how you can add it to your life insurance, and what alternatives there are out there. 

What Is Collateral Assignment? 

A collateral assignment is a process by which a person uses their life insurance policy as collateral for a secured loan.

In simple terms, collateral assignment is reassigning priorities for who gets paid the death benefit of your life insurance policy.

What Is a death benefit?

A death benefit or face value of a life insurance contract is the amount of money that your beneficiaries will receive from your policy when you die.

Once you apply for collateral assignment and it’s approved, your specified debtor (the loan provider) will be paid first and then your beneficiaries will receive what is left over in your life insurance policy.

This is different from using your cash value to loan money as you are taking out a loan from another financial institution and using your policy as a guarantee that you’ll cover any debt when you die. 

For example, let’s say you want to take out a secured loan from your local bank and want to use your life insurance policy as a collateral assignment.

In this situation, you’d still have to pay back any debt you have with interest during the loan period. 

However, the life insurance policy would be used if the borrower dies and there was an outstanding loan balance remaining. 

Secured Loans vs. Unsecured Loans

Secured loans are debts that are backed by assets that a lender can claim if the debt isn’t repaid. These types of loans often offer better interest rates and more generous payment terms.

Unsecured loans are debts that don’t have collateral. These types of loans are more expensive to repay and considered riskier than secured loans.

A woman signing up for Collateral Assignment.

Source: Pexels

How Does Applying for Collateral Assignment Work?

The process for getting collateral assignments for life insurance is the same as when you apply for new life insurance coverage. 

All you’ll be doing is indicating to your life insurance provider that your lender will be given priority for the amount of money you have borrowed through them.

There is an:

Application process.

Underwriting process.

Offer that you’ll receive.

You’ll be required to name beneficiaries as well as indicate ownership of the life insurance policy in the collateral assignment form which will be provided by your life insurance company.

This is because you’re changing the terms of your payout and your life insurance provider will need to follow these instructions once you die.

NB Some insurance companies don’t offer collateral assignment on new loans and generally only provide this feature to an existing life insurance policy.

You should check beforehand to see what will be required to apply for a collateral assignment. If you need help finding plans that offer this, send an email to a licensed insurance agent today.

Once you’ve assigned a new collateral assignee to your life insurance policy, they will be entitled to lay a claim on your death benefit for any debt you have with them.

For example, let’s say you take out a collateral assignment life insurance policy worth $200,000 for a loan of $75,000 over 7 years at an interest rate of 18%.

If you die after five years, based on these figures, you’ll still have $41,231.02 owed on your loan.

Your $200,000 life insurance plan will be used to cover this and your beneficiaries will receive the remaining $158 768.98 from your life insurance policy.

Your lender is only allowed to take the amount outstanding on the debt owed and cannot take more. 

What about Missed Payments and Cash Value Life Insurance?

If you have a permanent life policy with a cash value account, sometimes called cash value life insurance, your lender will have access to it to cover missed payments on your loan.

For example, let’s say you miss a payment on your loan and have a collateral assignment. Your lender will be able to access your cash value account and withdraw that month’s payment to cover your debt.

Who Can You Add as a Collateral Assignee?

You can add any person or institution as a collateral assignee to your life insurance policy if you owe them money.

This can include banks, lenders, private individuals, businesses, or credit card companies. 

The most common collateral assignments are for business loans and mortgages. This is because they are loans for high amounts that are paid off over several years. 

In fact, some banks and financial lenders may require that you add them as collateral assignees when you apply for any of the financing options mentioned below.

Common Collateral Assignees Include:

💵 Bank loans

💳 Credit cards

🏡 Mortgages

💼 Business loans

What Do I Do If I’ve Paid Off My Debt?

If you’ve managed to pay off your debt - firstly, congratulations! Secondly, you’ll want to notify your life insurance company that you’ll be changing your collateral assignments on your life policy.

While there is no legal claim that a company can make to debts that aren’t owed anymore, there may be a hold up in paying out the death benefit to your beneficiaries and other collateral assignees.

Life insurance companies will have to figure out who must be paid first, according to the order stated in your collateral assignment terms.

In general, life insurance policies will settle claims within 24 hours of being notified of a policyholder’s death.

The process can be delayed if you do not release your collateral assignees from your life insurance contract. 

Tips to Make Sure Your Life Policy Is Paid Out Quickly

Here are some tips if you want your beneficiary claims to be handled as fast as possible:

1) Keep a copy of your life insurance policy and policy number in a safe place or with your lawyer, financial advisor, or estate planner.

2) Speak to your beneficiaries about your policies and give them the contact details of the relevant life insurance company.

3) Make sure your life insurance contract is updated to reflect your latest list of beneficiaries.

4) Make sure you have your beneficiaries' details listed in the contract or with your lawyer.

The Benefits of Using Collateral Assignment of Life Insurance

While adding a collateral assignment to your current life insurance policy may require an application, paperwork, and time, there are benefits:

Many lenders like it: Banks and financial institutions sometimes prefer it when applicants use their life insurance policy as collateral for a loan. This is because they know that their debt will be serviced long-term by your insurance company which makes their loan to you a lower risk.

Your private property won’t be jeopardized: The last thing you want when you go into debt is to put your personal items, such as your car, investments, or home on the line as collateral. Using collateral assignment is an alternative to this and can protect you in the event that you can’t service your debt.

It can be affordable for some people: If you’re in good health and young, you may be paying affordable rates for permanent life cover. In situations like this, it can make sense to use your life cover as collateral for debts you’ve incurred.

A form to sign up for Collateral Assignment.

What Are Some Alternatives to Collateral Assignment?

Term Life Insurance: Getting a term life insurance contract to cover specific debts is one way of ensuring your estate and family are protected when you die.

There are multiple types of term life insurance plans and they are more affordable than permanent life insurance. This makes options like level term life insurance and decreasing term life insurance ideal for different types of debts you may have over your lifetime.

What Is Term Life?

Term life is a temporary life coverage option that lasts for a specific period of time. It is different from permanent life insurance which lasts until you die or you stop paying premiums.

Term life contracts are typically between 5 to 20 years, however, you can get renewable term life plans and even a forty-year term life plan .

Borrow from your life insurance: If you have a permanent life insurance policy, such as universal, whole, or indexed life cover, you can borrow money from your cash value account. 

However, keep in mind that you’ll be required to pay interest on any amount that you borrow and any amount of debt incurred will be deducted from your policy’s death benefit when you die.

What Is Cash Value?

Cash value is a feature of permanent life insurance plans that policyholders can contribute additional money toward while they have a policy in force.

This money is set aside in a cash value account which is tax-deferred and can be used in a number of ways.

In some cases, if your policy allows it, you can end your contract and get the cash surrender value of it. This amount is usually much less than the value of your total life insurance contract. 

Our Verdict on Collateral Assignment

Many banks, lenders, and financial institutions want long-term guarantees that you’ll be able to service your debt if anything happens to you.

In some situations, getting collateral assignments on your life insurance to cover these debts is a good option for people who are trying to access finance from these institutions. 

However, there is a risk that your death benefit payout may be delayed for your beneficiaries if you don’t keep your different collateral assignees up to date.

If you already have a life insurance policy, you should contact your provider to find out what the process is and what you’ll need to do to change the collateral assignees on your policy.

If you don’t have a policy yet, our advice is to look at all of your options before you decide to take a permanent life insurance contract with a collateral assignment.

There are alternatives out there that are more affordable if you’re looking to protect your family and estate from debt.

Term life is one such option that is adaptable to your life and easy to get. 

For example, a decreasing term life insurance policy might be the right choice for someone who has recently bought a home and wants to cover their mortgage while they pay it back.

Another option is final expense insurance, which is a permanent life policy for smaller amounts, usually under $50,000.

With final expense insurance, your beneficiaries can pay for anything they want, including any debts you may have had in your life.

The process for applying is simple and you won't have to go through a medical exam or intensive underwriting as you would with traditional permanent life insurance. 

If you need any assistance with finding, comparing, or learning about the different life insurance options to cover your debts, speak to one of our expert advisors today at 1-888-912-2132 or [email protected] .

Where Can I Learn More about Life Insurance?

If you’re looking to learn more about life insurance, different kinds of coverage, or costs, visit our life insurance hub to find our latest articles.

We do the research so that you don’t have to and our articles cover complicated topics like what is a cash value account, what is key person insurance, or how long life insurance takes to pay out a death benefit.  

If you need help with quotes, try out a life insurance quote finder or reach out to us via email at [email protected] to get in touch with a licensed life insurance agent for your state.

Livewell

Financial Tips, Guides & Know-Hows

Home > Finance > How Is Collateral Assignment Used In A Life Insurance Contract?

How Is Collateral Assignment Used In A Life Insurance Contract?

How Is Collateral Assignment Used In A Life Insurance Contract?

Modified: February 21, 2024

Discover how collateral assignment is utilized in life insurance contracts to provide financial security and peace of mind. Explore the benefits and implications of this finance strategy today!

(Many of the links in this article redirect to a specific reviewed product. Your purchase of these products through affiliate links helps to generate commission for LiveWell, at no extra cost. Learn more )

Table of Contents

What is collateral assignment, benefits of collateral assignment in a life insurance contract, how does collateral assignment work, steps involved in collateral assignment, risks and considerations of collateral assignment, examples of collateral assignment in life insurance contracts, comparison with other methods of securing loans, legal and financial implications of collateral assignment.

Collateral assignment is a legal and financial concept that involves using a life insurance policy as collateral for a loan. In simple terms, it is an arrangement where the policyholder pledges their life insurance policy to a lender as security for borrowing money. Essentially, the policyholder assigns their rights to the policy’s death benefit to the lender in case the loan is not repaid.

When a life insurance policy is collateral-assigned, it means that the policyholder retains the ownership of the policy, but the lender has the right to receive the policy’s death benefit up to the outstanding loan amount. In the event of the policyholder’s death, the insurance company pays the death benefit directly to the lender to cover the remaining loan balance, and any remaining funds are then distributed to the policy’s beneficiaries.

Collateral assignment is commonly used by individuals and businesses as a means to secure loans or lines of credit when traditional forms of collateral, such as real estate or other assets, are not available or desirable. It provides lenders with additional security and reduces their risk, as they have a guaranteed source of repayment in case of default.

It is important to note that while collateral assignment can be used for various types of life insurance policies, it is most commonly associated with permanent life insurance policies, such as whole life or universal life, rather than term life insurance. This is because permanent policies have a cash value component that can be used as collateral, whereas term policies do not have cash value and are typically designed to provide a death benefit only for a specific term.

Collateral assignment offers several benefits for both policyholders and lenders involved in a life insurance contract:

  • Access to Funds: Collateral assignment allows policyholders to leverage the value of their life insurance policy to obtain much-needed funds. This can be especially useful for individuals or businesses facing financial challenges or requiring capital for investment or business growth.
  • Favorable Loan Terms: By assigning a life insurance policy as collateral, borrowers may enjoy more favorable loan terms, such as lower interest rates or longer repayment periods, compared to unsecured loans. Lenders are often more willing to offer competitive rates due to the reduced risk associated with having a guaranteed repayment source.
  • Retained Ownership: With collateral assignment, the policyholder retains ownership of the life insurance policy and continues to enjoy its benefits, including the potential for cash value accumulation and the ability to designate beneficiaries. This allows individuals to protect their loved ones financially while also meeting their immediate borrowing needs.
  • Flexibility: Collateral assignment provides flexibility in borrowing against the policy. Unlike traditional loans that may require reapplication and approval for future withdrawals or advances, policyholders can access additional funds from their life insurance policy without going through a lengthy and cumbersome approval process.
  • Tax Advantages: Collateral assignment generally does not trigger a taxable event for the policyholder, as long as the loan is repaid. This can provide tax benefits and preserve the tax-advantaged status of the life insurance policy’s cash value growth and death benefit proceeds.

It is important to consult with financial advisors or insurance professionals to fully understand the benefits and limitations of collateral assignment and how it aligns with individual financial goals and circumstances. While it offers advantages, policyholders must also consider the potential risks and implications of assigning their life insurance policy as collateral.

Collateral assignment involves a series of steps to ensure a smooth and legally binding agreement between the policyholder, the lender, and the insurance company. Here’s an overview of how collateral assignment works:

  • Loan Application: The borrower applies for a loan and agrees to use their life insurance policy as collateral. The lender assesses the borrower’s creditworthiness and determines the loan amount and terms.
  • Collateral Assignment Agreement: Once the loan is approved, the borrower and the lender enter into a collateral assignment agreement. This agreement outlines the terms of the collateral assignment, including the loan amount, interest rate, repayment schedule, and the rights and obligations of each party.
  • Notification to the Insurance Company: The borrower notifies the insurance company that they are assigning their policy as collateral for a loan. They provide the necessary documentation, including the collateral assignment agreement and any additional forms required by the insurance company.
  • Policy Endorsement: The insurance company reviews the collateral assignment documents and determines whether to endorse the assignment. Once endorsed, it becomes part of the policy’s terms and conditions.
  • Loan Disbursement: The lender disburses the loan funds to the borrower, according to the agreed-upon terms. The borrower can use the funds for their intended purpose, such as paying off debts, investing, or covering business expenses.
  • Repayment and Policy Premiums: The borrower is responsible for repaying the loan according to the agreed-upon schedule. This includes making regular loan payments, as well as continuing to pay the premiums on the life insurance policy to keep it in force.
  • Loan Repayment and Death Benefit: In the event of the policyholder’s death before the loan is fully repaid, the insurance company pays the death benefit to the lender up to the outstanding loan amount. If there is any remaining death benefit, it is distributed to the designated beneficiaries of the policy.

It is crucial for both the borrower and lender to understand and adhere to the terms of the collateral assignment agreement, as any violation or default of the agreement can have significant consequences. Consulting with legal and financial professionals can help ensure a thorough understanding of the process and the rights and obligations of all parties involved.

Collateral assignment involves several key steps to establish a legally binding agreement between the policyholder, lender, and insurance company. Here are the steps typically involved in the collateral assignment process:

  • Loan Application: The borrower applies for a loan and indicates their intention to use their life insurance policy as collateral.
  • Loan Agreement: The borrower and lender negotiate and finalize the terms of the loan, including the loan amount, interest rate, repayment period, and any other relevant conditions.
  • Collateral assignment documents: The lender provides collateral assignment documents, including the assignment agreement, to the borrower.
  • Review and Approval: The borrower reviews the collateral assignment agreement and seeks legal advice if necessary. If satisfied, the borrower signs the agreement.
  • Notification to the Insurance Company: The borrower notifies the insurance company of their intention to assign their policy as collateral. This typically involves submitting the collateral assignment agreement, along with any required forms and documentation, to the insurer.
  • Insurance Company Review: The insurance company reviews the collateral assignment documents to ensure they comply with their policies and guidelines.
  • Endorsement: If the insurance company approves the collateral assignment, they endorse the policy to indicate the assignment status. This endorsement becomes part of the policy’s terms and conditions.
  • Loan Disbursement: Once the collateral assignment is in effect, the lender disburses the loan funds to the borrower as agreed upon in the loan agreement.
  • Loan Repayment: The borrower is responsible for making the scheduled loan payments, including both the principal and interest, according to the terms of the loan agreement.
  • Policy Premium Payments: The policyholder must continue paying the premiums on the life insurance policy to keep it in force. Failure to do so may result in the policy lapsing, which could have implications for the collateral assignment.
  • Death Benefit Payout: In the event of the policyholder’s death before the loan is fully repaid, the insurance company pays the death benefit directly to the lender to cover the outstanding loan amount. Any remaining death benefit is then distributed to the designated beneficiaries of the policy.

It is crucial for both the borrower and lender to understand and adhere to the terms and conditions set forth in the collateral assignment agreement. Consulting with legal and financial professionals can help ensure a smooth collateral assignment process and minimize any potential risks or complications.

While collateral assignment offers benefits, it is important to consider the potential risks and implications associated with this arrangement:

  • Reduced Death Benefit: Collateral assignment reduces the policy’s death benefit by the outstanding loan amount. This means that the intended beneficiaries may receive less than expected in the event of the policyholder’s death, potentially impacting their financial security.
  • Loss of Flexibility: Once a life insurance policy is collateral-assigned, there may be limitations on the policyholder’s ability to make changes or access the policy’s cash value. Any modifications to the policy, such as increasing coverage or taking withdrawals, may require the lender’s consent.
  • Default and Policy Lapse: Failing to repay the loan or meet the policy’s premium payments can result in default. Defaulting on the loan could lead to the lender exercising their rights to the policy’s cash value or death benefit, potentially causing the policy to lapse and leaving the policyholder without coverage.
  • Unfavorable Loan Terms: While collateral assignment can provide access to funds and favorable loan terms, borrowers must ensure they thoroughly understand the terms and conditions. High interest rates or unfavorable repayment terms could potentially lead to financial strain or difficulties in meeting loan obligations.
  • Possible Negative Impact on Credit: Should the borrower default on the loan, it can have a negative impact on their credit history and credit score. This can make it more challenging to secure future loans or obtain favorable interest rates on credit products.
  • Risk of Loan Acceleration: In certain cases, the lender may have the right to accelerate the loan repayment if specific events occur, such as a significant change in the policy’s cash value or the policyholder’s financial circumstances. This could create unexpected financial burdens on the borrower.

Before entering into a collateral assignment agreement, borrowers should carefully assess their ability to repay the loan and consider alternative options. It is advisable to consult with financial advisors or insurance professionals to fully understand the risks involved, evaluate the impact on the policy’s benefits, and determine if collateral assignment aligns with their financial goals and circumstances.

Collateral assignment can be utilized in various scenarios where individuals or businesses require access to funds and have a life insurance policy with sufficient value. Here are a few examples of how collateral assignment can be used:

  • Business Loans: A small business owner may have a whole life insurance policy with a substantial cash value. They can collateral assign the policy to secure a business loan to finance expansion or cover operational expenses. The lender would have the assurance that in the event of default, they can recoup their loan amount from the policy’s death benefit.
  • Personal Debt Consolidation: An individual with multiple high-interest debts, such as credit card balances or personal loans, may choose to collateral assign their life insurance policy and obtain a loan at a lower interest rate to consolidate their debt. This can help simplify their finances and potentially reduce their overall interest payments.
  • Estate Planning: High-net-worth individuals may use collateral assignment as part of their estate planning strategy. By assigning their life insurance policy to a trust, they can access funds during their lifetime for various purposes while ensuring a guaranteed source of repayment for any loans taken against the policy.
  • Medical Expenses: In some cases, individuals may have significant medical expenses not covered by insurance. Collateral assignment can be used to secure a loan to cover these expenses, with the policy serving as collateral, offering more favorable loan terms than unsecured medical loans.
  • Education Funding: Parents or students may choose to collateral assign a life insurance policy to secure a loan for education expenses. This can be a viable option when other forms of financial aid are insufficient or unavailable, allowing the borrower to access funds and invest in their education.

These examples illustrate different situations where collateral assignment can provide individuals and businesses with financial flexibility and access to funds using the cash value of their life insurance policies. It is important to note that each scenario should be carefully evaluated, taking into consideration the specific terms and conditions of the policy, loan agreement, and individual financial circumstances.

When it comes to securing loans, collateral assignment offers unique advantages and considerations compared to other methods of loan security. Here is a comparison:

  • Collateral Assignment vs. Traditional Collateral: Collateral assignment provides an alternative to traditional forms of collateral, such as real estate or vehicles. It allows individuals who may not have tangible assets to secure loans using the value of their life insurance policies. This can be advantageous for those who have substantial life insurance coverage but limited assets.
  • Collateral Assignment vs. Personal Guarantees: In some cases, lenders may require personal guarantees when securing loans. Personal guarantees involve the borrower or a third party assuming responsibility for loan repayment if the borrower defaults. Collateral assignment offers a more concrete and direct form of security, as the lender can rely on the life insurance policy’s death benefit as repayment.
  • Collateral Assignment vs. Unsecured Loans: Unsecured loans, such as credit cards or personal lines of credit, do not require any form of collateral. While unsecured loans generally have higher interest rates, collateral assignment can provide borrowers with more favorable terms due to the reduced risk to lenders. Collateral assignment also allows individuals to borrow larger amounts than they might be eligible for with unsecured loans.
  • Collateral Assignment vs. Cash Value Loans: Permanent life insurance policies, such as whole life or universal life, often accumulate cash value over time. Some policyholders may choose to take out loans directly from the policy’s cash value instead of collateral assignment. While cash value loans offer flexibility and do not affect the death benefit, they may incur interest charges and reduce the policy’s cash value growth potential.
  • Collateral Assignment vs. Co-Signers: Co-signers are individuals who agree to take responsibility for loan repayment if the borrower defaults. While co-signers can increase the chances of loan approval for individuals with limited credit history or income, collateral assignment eliminates the need for co-signers by using the life insurance policy as direct security.

It is essential for borrowers to carefully evaluate their options and consider the specific terms, interest rates, and risks associated with each method of loan security. Collateral assignment provides a viable alternative for individuals with substantial life insurance coverage and serves as a valuable strategy for accessing funds while leveraging the value of their policies.

Collateral assignment in a life insurance contract carries both legal and financial implications that need to be understood by policyholders considering this arrangement:

  • Legal Obligations: Collateral assignment involves a legally binding agreement between the policyholder, lender, and insurance company. The terms and conditions must be reviewed and understood by all parties involved to ensure compliance and avoid any potential legal disputes.
  • Policy Modification Restrictions: Once a life insurance policy is collateral-assigned, certain modifications, such as reducing coverage or surrendering the policy, may require the lender’s approval. These restrictions can limit the policyholder’s flexibility in managing their insurance needs and may impact their ability to make changes as circumstances change.
  • Potential Policy Lapse: Failure to continue paying policy premiums can result in the policy lapsing, which can have significant implications. If the policy lapses, the collateral assignment may become void, and the lender may lose their right to the policy’s death benefit as repayment.
  • Impacts on Beneficiaries: Collateral assignment reduces the policy’s death benefit by the outstanding loan amount. This means that beneficiaries may receive less than expected. It is essential for policyholders to communicate the collateral assignment to their beneficiaries to avoid confusion or potential disputes in the future.
  • Potential Tax Consequences: While collateral assignment generally does not trigger a taxable event, policyholders should consult with tax professionals to understand the potential tax implications based on their individual circumstances. Changes in policy ownership or assignment may have tax consequences that need to be considered.
  • Loan Repayment Obligations: Collateral assignment involves the responsibility to make regular loan payments according to the agreed-upon terms. Failure to meet these obligations can result in default and may lead to the acceleration of the loan or loss of the policy.
  • Credit History: The collateral assignment and associated loan will be reflected in the borrower’s credit history. Defaulting on the loan or missing payments can negatively impact their credit score and make it more challenging to secure future credit or loans.

Given the potential legal and financial implications, it is crucial for policyholders to thoroughly understand the terms of the collateral assignment agreement, seek expert advice when necessary, and carefully assess their ability to meet loan obligations and policy premium payments.

Consulting with legal and financial professionals can help policyholders navigate the legal and financial complexities and ensure the collateral assignment aligns with their individual goals and circumstances.

Collateral assignment in a life insurance contract can be a valuable tool for individuals and businesses seeking access to funds. By utilizing the value of their life insurance policy as collateral, borrowers can secure loans and enjoy various benefits, including favorable loan terms and retained policy ownership.

However, it is crucial to carefully consider the risks and implications associated with collateral assignment. Policyholders should assess their ability to repay the loan and understand the potential impact on the policy’s death benefit and flexibility.

Before entering into a collateral assignment agreement, it is recommended to work with financial advisors or insurance professionals who can provide guidance and ensure all legal and financial aspects are thoroughly understood. They can help navigate the complex terms and conditions, evaluate other loan security options, and align the collateral assignment with individual financial goals.

Overall, collateral assignment can be a powerful tool that provides financial flexibility and potentially better loan terms. By understanding the process and implications, borrowers can make informed decisions that suit their specific circumstances and help them achieve their financial objectives.

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How The Rich Use Life Insurance

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March 23, 2021 By csbenton

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The Truth About Collateral Assignment of Life Insurance Policies

If you have a life insurance policy, a collateral assignment will let you use it as loan collateral. But, if you die before the loan is paid off, the lender will get paid first, and what is left will go to your beneficiaries.

  • updated last on March 11, 2023

Quick Article Guide:

How Does Collateral Assignment Work?

Getting life insurance to acquire a loan, collateral assignment of life insurance , do not assign the lender as beneficiary, the type of insurance policies best used as collateral assignment of a life insurance policy, collateral assignment of life insurance sample:, what is a collateral assignment of life insurance.

Collateral assignment of life insurance is a way of using life insurance to protect a loan or other secured credit such as real estate or automobiles. The borrower assigns all rights to the death benefit of their life insurance policy to the lender, who can then use it to cover the debt if the policyholder passes away before paying off their loan.

A collateral assignment of life insurance provides an extra layer of security to the lender, knowing that their loan will be repaid—even if the borrower deceases before fulfilling their debt obligations. It also provides the policyholder with peace of mind, knowing that their loan and other debts are taken care of in the event of death. Additionally, a collateral assignment can help reduce the lender’s risk when providing a loan to someone considered a high-risk borrower due to poor credit or other factors.

In case you are experiencing a problem with your finances, it is good to know that life insurance is applicable as collateral for a loan. Today, lenders are now accepting insurance, especially  life insurance , as collateral to a loan. It is because it has a guaranteed fund. Therefore, if something worse happens to you, they will get paid. Knowing more about the collateral assignment of life insurance policy and how it can help you get the loan you need. The following are important facts that you need to know.

Insureds have the liberty to use it as a collateral assignment of life insurance as long as there is no limitation within your policy contract. Therefore, there is a need to do a quick review of your existing contract to find out. One must not forget to read and review their contract before using their insurance as collateral. It can avoid future problems.

Once you know that there is no limitation with your contract, you can now apply for a loan. Surprisingly, one can use it to apply for more than one loan. For example, a $500,000 policy can be separated into two portions and apply for two different loans. Using an assignment, the insured can transfer the portion of the policy’s rights to the assignee. Moreover, the collateral assignment of life insurance policy depends on the agreement between the lender and the borrower or the policyholder.

Questions On Collateral Assignments?

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In the event of your passing right, before you finish paying the loan, the lender will receive the amount you still owed from the death benefit. Furthermore, the remaining balance is given to the beneficiary. However, the policy needs to stay current; it means that you need to keep up with paying the entire premium until the loan’s life. In that case, your family needs to take care of the payment.

Also, you have limited access to the cash value to safeguard the collateral. In case you have paid for the loan before you die, then the lender will no longer have access to the death benefit. The cash value assignment is more attractive for most loan companies because they can recover the fund even if the borrower is still alive.

Although you should inform the insurance provider about the collateral assignment of life insurance, they do not have any involvement with you and the loan’s lender agreement.

It is important to avoid making the mistake of assigning the lender as the beneficiary. The reason is the fact that the lender can get the whole insurance benefit. It can happen once you die, and you only pay half of the loan. A contract is given more importance than a will.

The bank only needs a collateral assignment. Therefore, as the owed amount decrease, the money that goes to the bank also decreases. The rest of the amount will go to the primary beneficiary of the policy.

The permanent life insurance type has a cash value, and the lender can get access to it if the borrower or insured permits. However, the insured has limited access to the cash value to protect the collateral. There is no need to worry about anything as long as the loan is fully paid before you die.  The collateral assignment is removed from the policy, and the loan company does not have any access to the death benefit.

A term life insurance policy is a good choice to get a loan. Loan companies only require a certain period for the loan so that it can coincide with the insurance policy term. For instance, term life can go as far as 5 to 10 years. Once you already paid the loan amount, you can terminate the policy or keep it.

If you get a $300,000 term life policy and borrow $150,000 from a bank, you can choose the collateral assignment. In case your children are the beneficiaries, then both your children and the bank have the right to the claim. However, the main priority is the money owed from the bank. Therefore the policy needs to settle the remaining amount from the loan. It means that they will receive the payment first before your children as the beneficiary receive their share of the death benefit.

The Process of Collateral Assignment

Most lenders will accept the existing policy as assignment collateral. However, some loan companies will require you to get a new policy for it. One can opt for either of the two ways as insurers are aware of this practice and handle the process very well.

Firstly, start by getting a loan. One must go to the bank and ask for the requirements and what type of loans they offer. Also, most of the loans come from the Small Business Administration , and it is sold through larger banks such as Chase, Wells Fargo, or Bank of America. Besides, you may also opt for smaller banks.  Taking one’s time to further their financial education is something everyone should do.

Lastly, it is a good idea to discuss the matter with an insurance agent like Coach B. at Coach B. Insurance.  A good no medical exam life insurance policy usually takes a week maybe two for under $500,000 face amount to get approved.  Also, do not make the mistake of not reviewing your existing policy agreement. For a new policy, it is good to ask the insurer upfront about getting a loan.

Banks that accept collateral assignment

Many banks and other financial institutions accept collateral assignments as a form of security for loans, including online lenders like LendingClub, Upstart, and SoFi. Collateral investment firms such as Full Life are also great options for those seeking to secure a loan with their life insurance policy. To learn more about how these companies work and which organization best suits your financial needs, contact us today! With traditional banks and lenders, collateral assignments are typically used to secure loans for homeowners or business owners. When you pledge your life insurance as collateral to secure a loan, the financial institution will place a lien on your policy so that if you fail to meet the requirements of your loan agreement, they have recourse to liquidate some or all of your death benefits. This can help borrowers access capital when they may not otherwise qualify for a loan due to a lack of collateral.

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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how to do collateral assignment

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Guidelines for Collateral Assignment of Life Insurance

  • By: Risk Management Team

Lions Financial provides comprehensive guidelines for the collateral assignment of life insurance. The collateral assignment involves using a life insurance policy as collateral for a loan or debt. Lions Financial assists individuals and businesses in understanding the process and implications of collateral assignment, ensuring they make informed decisions.

The guidelines cover important aspects such as determining the policy’s cash surrender value, establishing the assignment amount, and defining the rights and responsibilities of the assignee and assignor. Lions Financial also helps clients navigate legal and tax considerations related to collateral assignment.

Banks require insurance for collateral assignment so that they can always get any outstanding loan amount back if the loaner defaults or dies before being able to pay the loan back.

Collateral is pledged as security for repayment of a loan, to be forfeited in the event of a default. A collateral assignment of insurance is a conditional assignment appointing a lender as the primary beneficiary of a benefit to use as collateral for a loan. If the borrower is unable to pay, the lender can cash in the insurance policy and recover what is owed.

An Absolute assignment in insurance involves signing over your entire policy to another person or entity. The person who is selling or gifting the policy is known as the assignor, and the individual or individuals who receive it are the assignee. The assignee takes full ownership of the policy, being held liable for any premiums and also having the authority to change or designate new beneficiaries.

Collateral assignment of life insurance essentially works like a standard loan. The insurance policy is “collateral” for a loan, and the person or organization that pays out that loan is the temporary beneficiary of the policy’s death benefit until the loan is repaid. The entity taking over the policy does so on a conditional basis and, therefore, doesn’t have the authority to make changes to it, re-sell it or take any of its cash value. Instead, the assignee can only draw on the death benefit if the policyholder defaults.

On the other hand, Collateral Assignment enables policy holders to regain control of their own policy once a medical or other crisis has resolved. It is one of the 3 common ways to borrow from your life insurance policy and access the cash value. With a collateral assignment, you are able to eventually benefit again from the long-term advantages of a life insurance policy.

If one already has a life insurance policy with a face value greater than the loan amount, he can collaterally assign that policy by requesting the paperwork from the insurer. If one doesn’t have a life insurance policy or needs additional coverage, he will need to apply for life insurance and go through underwriting.

Whether one has a term life insurance policy or a whole life insurance policy, he will be the policy owner and responsible for the premium payments. The borrower must be the owner of the policy but not necessarily the insured, and the policy must remain current for the life of the loan with the owner continuing to pay all necessary premiums.

Any type of life insurance policy is acceptable for collateral assignment, provided the insurance company allows assignment for the policy. Some banks may require an escrow account for the life insurance premiums, others may require proof of premiums paid or prepaid.

If one has a whole life policy that he uses for collateral assignment, banks will have access to the cash value of the policy if he defaulted on the loan. If the loaner dies, the insurance company will use the death benefit to pay off any outstanding loan amount. The rest, if any, goes to the assigned beneficiaries.

Insurance companies must be notified of the collateral assignment of a policy. When one is applying for life insurance for the purpose of collateral assignment, he will name his beneficiaries as he would for a personal policy. The bank is not his beneficiary, but the assignee on the collateral assignment after the policy is in force. On the form, he will be the assignor.

There are several reasons to consider a collateral assignment of life insurance. The Collateral assignment guarantees the safety of the amount that was loaned out to the lender, especially under the listed terms and conditions that the lender will be paid in full; moreover, the remaining will be given to the listed beneficiaries in the case of death of the borrower.

  • It safeguards the interests of the lender. A collateral assignment plays a critical role in securing a loan for the borrower. It is the insurance company’s obligation to safeguard the lender’s interest after collecting the collateral assignment form.
  • A collateral assignment allows you to be more flexible with your capital assets.
  • A collateral assignment allows the borrower to purchase insurance as a low-cost collateral to secure paying back a loan.

A collateral assignment has great advantages, but it has certain limitations as well. First of all, a collateral assignment has a limited death benefit. You should assign part of the death benefits as collateral instead of the total benefits which avoids the circumstances where the lender claims all the death benefits after you die.

  • Difficulty in obtaining an affordable insurance policy with low premiums.
  • Loss of policy control is another disadvantage of collateral assignment.
  • Collateral assignment suffers from the limited use of cash value.

Any type of life insurance policy is acceptable for collateral assignment, provided the insurance company allows assignment for the policy.

Some examples of insurance policies you can use for collateral assignment are:

  • Term Insurance

Term life insurance is used to offer coverage for a specific number of years. The proceeds of the policy are only paid out after the insurer dies, and it lacks equity and a surrender value. It falls under the category of the most affordable insurance plans which is why it is a top pick for most people.

You don’t need to buy a plan that exceeds or falls below your needs. Term life insurance enables you to purchase a plan tailored to your needs and since it is not permanent, you are going to pay low premiums.

  • Universal Life Insurance or Whole Life Insurance

With universal life insurance, you will be able to design the insurance policy according to how you want it. The insurance proceeds are usually released when the insured party dies. It is great for individuals looking for a permanent insurance policy that never expires unless you are dead. In short, you will continue to receive coverage as long as the annual premiums are getting paid.

On the downside, universal life insurance policies tend to be expensive because they are meant to offer life term coverage.

On the bright side, the policies build cash value and the longer the premiums are paid,  the more value the plan will build. This cash value can be used on other investments or to pay off the outstanding premiums.

When applying for a collateral assignment of life insurance, you can use two ways to do so: through the bank or through your insurer. The two are explained further below;

  • 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 specifically  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

  There are several essential parts to be included in the collateral assignment forms.

1.  Policy Identification

This part focuses on the information of the insured, including policy numbers, owner’s first and last names, address, phone number, and email address.

2. Assignee information:

This part contains information about the assignee. The assignee could be an individual, corporate entity or trust. If the assignee is a Trust, he/she ought to list out all the names of currently serving trustees.

parts of collateral Assignments

Moreover, this part should include the assignee’s full legal name, address, tax ID, email address, and phone number.

3. Terms and conditions:

This section lists all the terms and conditions of the assignment. To be specific, this section covers in detail the rights, for instance, “the sole right to collect from the Insurer the net proceeds of the policy, the sole right to obtain one or more loans or advances on the Policy”, etc. Moreover, this section might also include IRS certification to certify the taxpayer identification number filed in the previous sections are authentic and correct.

4. Signatures:

All owners and assignees are required to sign and date in this section after reviewing the previous terms and conditions. Moreover, beneficiaries are also required to sign this form.

5. Submission of the assignment form:

After careful revision of terms and conditions of the assignment and signature, the assignment form should be submitted for processing. This part should list detailed instructions for sending back the assignment form. Moreover, this part should also provide the address, contact information, and the fax number of the company who issued the policy.

You apply for a life insurance policy and name your beneficiary (your spouse, children, whomever). Just as you normally would.

After the policy goes into force, a collateral assignment form from the life insurance company will be sent for you to complete. When a life insurance company sets a collateral assignment of life insurance, this usually takes in the region of seven to ten days to be filed and acknowledged. However we may expedite this if the collateral assignment is required more urgently.

When taking out life insurance at the same time as assigning the collateral, the collateral assignment form must be submitted with the life insurance application.

You get the collateral assignment form signed (some companies require a notarized signature).

It will take a few days to a few weeks for the life insurance company to acknowledge the assignment.

Once the loan has been paid in full, the assignment must be lifted from the policy by means of a release form sent by the lender to the insurance company. When it receives the release, the insurance company cancels the assignment and restores all rights in the policy to the owner.

A collateral assignment allows the life insurance company to pay your SBA lender only what they are owed and the rest goes to your beneficiary. As you pay down the loan, the amount of coverage will be more than you need, and a collateral assignment form makes sure the lender is only paid what is needed.

If you named the lender as the beneficiary, the lender would receive the entire death benefit even though you’ve paid down the balance. And if you did that, the life insurance company wouldn’t issue you the amount of coverage needed – they’ll typically only issue 80% of the loan amount. So, it’s imperative that you use a collateral assignment.

The Collateral Assignment of Life Insurance is a way to secure funding for business or other ventures. It is important to understand the different types of assignments and how they work before choosing this option.

At Lions Financial, we offer a variety of services and resources to help businesses secure funding and protect their assets.

To learn more about these services, sign up for our newsletters or make an appointment with a representative today!

Contact us at https://lions.financial/contact/

Learn more, visit:

What Are the Tax Considerations For Life Insurance Premiums Under Collateral Assignment For Business Bank Loans

Should You Consider An Asset-Based Loan For Your Business

Process For A Business To File a Life Insurance Claim

Life Insurance Requirements for SBA Loans

Life Insurance Requirements when getting an SBA Loan

The sources we use for this information include:

https://www.investopedia.com/terms/c/collateral.asp

https://www.investopedia.com/terms/l/lender.asp

https://www.investopedia.com/terms/b/beneficiary.asp

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MRI shows damage to Braves ace Spencer Strider’s elbow ligament, leaving status for season in doubt

Atlanta Braves pitcher Spencer Strider (99) delivers in the first inning of baseball game against the Arizona Diamondbacks Friday, April 5, 2024, in Atlanta. (AP Photo/John Bazemore)

Atlanta Braves pitcher Spencer Strider (99) delivers in the first inning of baseball game against the Arizona Diamondbacks Friday, April 5, 2024, in Atlanta. (AP Photo/John Bazemore)

Atlanta Braves’ Spencer Strider pitches during the fifth inning of an opening-day baseball game against the Philadelphia Phillies, Friday, March 29, 2024, in Philadelphia. (AP Photo/Matt Rourke)

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 during the first half of an NBA basketball game Friday, Dec. 3, 2021, in Atlanta.  (AP Photo/John Bazemore)

ATLANTA (AP) — Braves ace right-hander Spencer Strider has damage to the ulnar collateral ligament in his right elbow, an MRI revealed Saturday, leaving his status for the remainder of the season in doubt.

The Braves said Strider will be evaluated further by Dr. Keith Meister in Arlington, Texas, at a date to be determined. Even though the team did not announce the severity of the damage, Atlanta manager Brian Snitker said the result “wasn’t good.”

“You hate that,” Snitker said. “You hate it for him. I feel really bad for him. I mean, the kid does everything right. Loves to compete. ... We’ll just wait and see what they decide to do. ... I’m sure they’ll have something in a few days.”

Strider complained about discomfort in his elbow after pitching four innings, allowing five runs on seven hits, in Atlanta’s 6-5 win over Arizona on Friday night.

Snitker said Strider did not mention the problem with his elbow until after the game.

Snitker acknowledged he braced for bad news from Saturday’s MRI.

“You never expect these things to be good or just a blip on the screen,” Snitker said, adding UCL injuries that often lead to season-ending Tommy John surgery are a problem across baseball.

San Francisco Giants pitcher Blake Snell throws to a Washington Nationals batter during the first inning of a baseball game Monday, April 8, 2024, in San Francisco. (AP Photo/Godofredo A. Vásquez)

The Cleveland Guardians announced Saturday that ace Shane Bieber will have Tommy John surgery, ending his season.

“They’re throwing harder than ever and spinning the ball more than ever,” Snitker said, adding Strider’s long-term prospects remain bright.

“The good news is he’ll get whatever it is fixed and come back and have a really good career,” Snitker said.

Strider was 20-5 in 2023, leading the majors in wins. His 281 strikeouts also were the most in the big leagues.

The right-hander had a 3.86 ERA last season. His ERA is 7.00 after two starts this year.

Snitker said he will wait to announce plans for how he will fill Strider’s spot in the rotation.

“We’re going to get through tonight and see where we’re at,” Snitker said. “There are going to be a lot of variables to get through.”

AP MLB: https://apnews.com/hub/MLB

CHARLES ODUM

IMAGES

  1. Guidelines for Collateral Assignment of Life Insurance

    how to do collateral assignment

  2. 高级 Collateral Assignment of Lease

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  3. Fillable Online Collateral Assignment Form Fax Email Print

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  4. Collateral assignment: Fill out & sign online

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  5. What is a collateral assignment?

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  6. What Is Collateral Assignment?

    how to do collateral assignment

VIDEO

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COMMENTS

  1. A Collateral Assignment of Life Insurance

    Katharine Beer. 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 ...

  2. 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 ...

  3. The Complete Guide to Using Life Insurance as Collateral 2023

    1. Ensure the lender accepts life insurance as collateral. 2. Apply for the collateral assignment through the bank or directly with the insurer. 3. Fill out an "assignment of Life Insurance Policy as Collateral form" provided by your insurer. 4. Submit the form to the insurer, and wait for approval. 5.

  4. Collateral Assignment: All You Need to Know

    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 ...

  5. What Is Collateral Assignment of Life Insurance?

    Collateral assignment of life insurance is an arrangement where you agree to give a lender the first claim to the payout from your life insurance policy. This allows your life insurance to serve as the collateral that many loans — especially small business loans or Small Business Administration (SBA) loans — require before they can lend you money you need.

  6. What is a Collateral Assignment of Life Insurance?

    With collateral assignment of life insurance, ownership of an asset transfers from the borrower to the lender. This transfer only remains in place until the loan is paid in full. In this situation, the transferred asset is your life insurance policy. The goal is only to satisfy your loan obligation. Once that debt is repaid, you'll end the ...

  7. What Is Collateral Assignment?

    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:

  8. What Is Collateral Assignment of Life Insurance?

    Collateral assignment allows you to use a life insurance policy as assurance for a loan. The lender gets first claim on the death benefit if you default. Permanent life insurance policies like whole life and universal life are commonly used since they don't expire. Term life may also be accepted.

  9. How does collateral assignment of life insurance work?

    Collateral assignment can be a beneficial option for many, but it can be confusing to know where to start. SelectQuote has nearly 40 years of industry experience helping people make decisions about life insurance. If you need to apply for a new policy for collateral assignment, we can make the process easier by searching life insurance carriers ...

  10. Collateral Assignment for Life Insurance: Benefits & More

    Collateral assignment of life insurance allows the lender to be the primary recipient of your life insurance policy's death benefit if you have an outstanding loan balance when you die. Some assignments also allow the lender to tap into the policy's cash value if you default on your loan. While using life insurance as collateral does not ...

  11. What Is Collateral Assignment of Life Insurance?

    Advertising & Editorial Disclosure. 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 the loan is paid off, the lender is prioritized to receive ...

  12. What Is A Collateral Assignment Of Life Insurance?

    A collateral assignment is a process by which a person uses their life insurance policy as collateral for a secured loan. In simple terms, collateral assignment is reassigning priorities for who gets paid the death benefit of your life insurance policy.

  13. What Is a Collateral Assignment of Life Insurance?

    The Bottom Line. Collateral assignment of life insurance allows you to use your life insurance policy as collateral when applying for loans. This is especially common when applying for business loans. However, your insurer must allow this arrangement, and the policy must be sufficient to cover the collateral requirements.

  14. Life Insurance Collateral Assignment [Pros and Cons]

    How the Life Insurance Collateral Assignment Process Works. If you plan to use a life insurance collateral assignment strategy when applying for a loan, you should go through the following steps in order: Understand the requirements. First, you should know the type of policy a lender will accept as collateral - or even if a lender will accept ...

  15. What Is Collateral Assignment?

    Collateral assignment uses your life insurance policy as collateral. The lender is assigned as the primary beneficiary to insure they don't lose money on a loan. If the borrower can't pay, the lender sells the life insurance policy to cover the loan. If the borrower dies before paying off the loan, the lender takes what is owed from the ...

  16. What Is Collateral Assignment of Life Insurance?

    A collateral assignment for your life insurance coverage only allows the bank or lender to claim the amount of money still owed on an outstanding loan or debt. If you have a $500,000 life insurance policy and die while still owing $50,000 on a business loan, the lender could claim $50,000 of your death benefit — assuming, of course, that you ...

  17. Collateral Assignment of Life Insurance

    3. Fill out a collateral assignment form. Once you sign your life insurance contract and pay your first premiums, complete a collateral assignment form with your insurer. You'll fill out your lender's contact details so your insurer can designate them as a collateral assignee while your loan is outstanding. 4.

  18. How Is Collateral Assignment Used In A Life Insurance Contract?

    Collateral Assignment vs. Unsecured Loans: Unsecured loans, such as credit cards or personal lines of credit, do not require any form of collateral. While unsecured loans generally have higher interest rates, collateral assignment can provide borrowers with more favorable terms due to the reduced risk to lenders. Collateral assignment also ...

  19. Collateral Assignment of Life Insurance

    At this stage, there's no need to list the lender as a beneficiary. Step 3: Activate your policy. Then, request a collateral assignment form from your agent or insurer directly. Step 4: Complete the form and return it to the insurance company. After processing, the insurer acknowledges the collateral assignment.

  20. The Truth About Collateral Assignment of Life Insurance

    If you have a life insurance policy, a collateral assignment will let you use it as loan collateral. But, if you die before the loan is paid off, the lender will get paid first, and what is left will go to your beneficiaries. Free Quote. Schedule a Strategic Assesement Call. updated last on March 11, 2023.

  21. Collateral Assignment of Life Insurance

    Collateral assignment of life insurance is a method of providing a lender with collateral when you apply for a loan. In this case, the collateral is your life insurance policy's face value, which could be used to pay back the amount you owe in case you die while in debt. Collateral assignment of life insurance is a common requirement for ...

  22. PDF INSTRUCTIONS FOR COLLATERAL ASSIGNMENT FORM Step 1

    Definitions: Assignor - The person to give or share certain contractual rights by this assignment, generally the contract owner or authorized representative. Assignee - The person or entity to receive certain contractual rights by this assignment. (Ex. bank, lending institution, business/corporate, interested party).

  23. Guidelines for Collateral Assignment of Life Insurance

    A collateral assignment of insurance is a conditional assignment appointing a lender as the primary beneficiary of a benefit to use as collateral for a loan. If the borrower is unable to pay, the lender can cash in the insurance policy and recover what is owed. An Absolute assignment in insurance involves signing over your entire policy to ...

  24. MRI shows damage to Braves ace Spencer Strider's elbow ligament

    ATLANTA (AP) — Braves ace right-hander Spencer Strider has damage to the ulnar collateral ligament in his right elbow, an MRI revealed Saturday, leaving his status for the remainder of the season in doubt. The Braves said Strider will be evaluated further by Dr. Keith Meister in Arlington, Texas, at a date to be determined.