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What Is a Collateral Assignment of Life Insurance?

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

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

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

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

Key Takeaways

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

How a Collateral Assignment of Life Insurance Works

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

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

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

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

Example of Collateral Assignment of Life Insurance

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

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

Alternatives to Collateral Assignment of Life Insurance

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

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

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

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

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

What Are the Benefits of Collateral Assignment of Life Insurance?

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

What Kind of Life Insurance Can Be Used for Collateral?

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

Is Collateral Assignment of Life Insurance Irrevocable?

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

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

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

The Bottom Line

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

Progressive. " Collateral Assignment of Life Insurance ."

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

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

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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

What is collateral insurance and how does it work?

What does life insurance cover?

What is an irrevocable beneficiary?

Life insurance death benefits

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

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

Definition and Examples of Collateral Assignment

How collateral assignment works, alternatives to collateral assignment.

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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.

What Is A Collateral Assignment Of Life Insurance?

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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.

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.

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.

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Life Events

What Is Collateral Assignment of Life Insurance?

Quality Verified

Updated: December 14, 2023

• 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.

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

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

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

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Home > Finance > 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 does Collateral Assignment of Life Insurance Work?

Life insurance can be a good, even necessary investment for most people. Did you know it can also help you get a loan? Taking out a loan against your life insurance policy is called collateral assignment. Lenders often accept life insurance policies as collateral because it’s a low risk loan; they know they’re going to get their money back.

What is Collateral Assignment of Life Insurance?

What kinds of life insurance can be used for collateral assignment, pros and cons of collateral assignment.

In any type of loan, there needs to be some kind of collateral. For a mortgage, your house is collateral, for your car loan, your car is the collateral. If you default, the bank can take your house or your car and sell them, thus getting their money back. If you’re seeking a small business loan, it might be a problem to find collateral to offer to the bank. You could offer the business, but it might not be worth as much as the loan amount. This is where collateral assignment of a life insurance policy comes in.

Collateral assignment is the act of offering your life insurance policy as collateral on a loan. Life insurance that can be used as collateral are cash value life insurance such as whole life or universal life insurance . The reason that these policies can be used as collateral is that they have cash value and even if policy holders can’t afford to pay premium any more, they can still cancel the policy and get cash surrender value to pay back the loan. This makes it easier to obtain a loan, as the bank knows they will get their money eventually. 

It is logical that banks don’t lend more than cash surrender value of the policy at the time of lending.

You still have the same beneficiaries as you did on the original policy. You don’t want to name the bank as the beneficiary, because that way, the bank gets the death benefit on the policy when you die—even if you already paid off the loan. So, don’t do that. 

You will name the bank as the assignee on the form, and you will be the assignor. The borrower must be the owner of the policy, and the policy must remain current; you still need to pay all of the premiums. 

You will then apply for a collateral assignment of life insurance with the life insurance company and the bank. First, the life insurance company will say it’s okay to use your policy as collateral. Then you’ll let the bank know. The bank then proceeds like it would for any other loan: they evaluate the risk involved, and either agree to loan you the money or deny your application. 

Some banks will let you use an existing life insurance policy, and some will require that you take out a new policy just for the collateral. If you do have to apply for a new policy, make sure you let the insurance company know that you want the policy to serve as collateral in a loan. 

Collateral assignment of life insurance is a limited transfer; in other words, the bank only gets the money on the policy if you default on the loan.

Once the loan is paid off, the bank sends the insurance company a release form. This cancels the assignment and restores the life insurance back to the owner.

If you die or default with your life insurance policy being used as collateral assignment, the lender will take the money still left on the loan, and the rest will go to your beneficiaries. This is why it’s important not to name a bank as a beneficiary. If a bank asks you to name them as beneficiary, find a different bank.

You can only use life insurance policies with cash value account as collateral because lenders will lend you against the cash value account in the policy.

• Whole life: You can use whole life policy as collateral, but only if you’ve built up cash value. Should you default on the loan, the lender will have access to the cash value. 
• Universal life: Indexed universal or variable universal life insurance policies can also be used as collateral for a loan as long as the cash value account inside the policy has been built up.
• Group life insurance: Some group life insurance such as whole life or universal life group life insurance may qualify for collateral assignment. You need to talk to your benefits administrator. Keep in mind these are usually small policies.
• Qualification : You can be qualified for loans you might not otherwise
• Affordability : you may be able to offer an indexed universal policy for collateral, and thus pay low rates for a loan
• Protects your other assets . If you own your home, you could offer it as collateral, but if you default, the bank will take it.
• Should you die, your heirs won’t have debt from a loan : the insurance policy pays the bank
• Your heirs may get a reduced death benefit 
• Getting a qualifying life insurance policy takes some effort
• Loss of control: Until you pay off the loan, the bank is in charge of the policy. They can even buy another policy for you and add those premiums to the principal if you fall behind on the loan.

Last Thoughts

Collateral assignment of a life insurance policy is often used to secure a small business loan. It can help you qualify for such loans, whereas if you didn’t have life insurance, you’d have to put something else up as collateral. Most banks and insurance companies are familiar with the process of collateral assignment of life insurance, and it should be a simple process.

Thang Truong covers small business insurance and small business success at BravoPolicy. He is a licensed P&C insurance agent. Previously, he held product leadership positions at realtor.com, Capital One, NerdWallet, and Mulberry Technology. He holds a MBA degree from UC Berkeley - Haas School of Business.

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Collateral Assignment for Life Insurance: A Comprehensive Guide

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 a Collateral Assignment of Life Insurance?

by Jeff Root

Last Updated: July 2020

A collateral assignment of life insurance is a contract that allows the death benefit of a life insurance policy to be used as collateral for a loan.

Collateral assignments are usually used in business loans. However, it can also be used for equipment loans, structured settlement buyouts , and other loans.

How Does a Collateral Assignment of Life Insurance Work?

In the event of the death of the person who is named on the life insurance policy, the lender who has the insurance policy assigned as collateral gets paid first.

A collateral assignment will always take precedence over beneficiary claims for the proceeds of the death benefit. When a business owner applies for a business loan and wants to use their death benefit as collateral, the loan company must then ascertain whether should the owner die, will it affect the business, and cause the loan to default.

The death benefit on the life insurance policy is there as security that the lender will get the loan repaid should the recipient of the loan die.

It is important to remember that although only the policy owner can pledge the death benefits of a policy to the lender, they may not necessarily be the individual named on the policy. This individual could be their spouse or even the director of the company.

How to Set Up a Collateral Assignment of Life Insurance

When setting up a collateral assignment of life insurance, the lender should never be named as the beneficiary of the policy.

Setting Up the Beneficiary of the Life Insurance Policy

The beneficiaries should be the loved ones of the person named on the policy, as should the named person die, the loan will get paid off first, and then the collateral assignment is released and the death benefit will be paid to these beneficiaries.

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 , so make sure you choose a life insurance agent who thoroughly understands the collateral assignment process.

Types of Life Insurance You Can Use for Collateral

In order to set up a collateral assignment of life insurance, there is no particular type of life insurance policy required by a lender.

The only stipulation is that the actual life insurance policy itself must be assignable. The loan policyholder must always make sure that the life insurance company is aware of and will allow the use of the policy as collateral for a loan.

An existing life insurance policy can be used to satisfy the lender’s requirements as long as the amount of the death benefit on the policy is enough to cover the loan amount required.

Here are some examples of policies accepted for collateral assignment:

• Term life insurance
• Whole life insurance
• Universal life insurance
• Second-to-die insurance

What Happens to the Collateral Assignment After the Loan is Paid?

If a loan is taken out using a collateral assignment of the life insurance policy, here is what happens when the loan is repaid in full. If the person insured on the policy is still living, then the lender relinquishes all rights to any death benefit on the policy and they will return all documents.

Keep Your Life Insurance Company Informed

Most life insurance companies will have strict rules that must be followed to ensure the collateral assignment of the life insurance policy will be allowed and they must always be informed that the assignment has been made.

The life insurance company will need to submit written notification to the lender that the collateral assignment of life insurance has been filed. This could be as a separate cover letter with a copy of the executed collateral assignment form or a just a stamped filed copy of the collateral assignment form itself.

The Lender will Need Information About Your Life Insurance Policy

The lender will also need to make further checks before allowing the loan to go ahead. They will need to check that there is no collateral assignment of the life insurance policy already in place and that all life insurance premiums are not only up to date, but have also been made for a period of at least six months.

Also, they will check that if the policy has a cash surrender value, there have been no borrowings secured against that and that the original life insurance policy is not required in order to make a claim.

Some types of loans have a cash surrender value. This is the amount that an insurance company will payout to the policyholder if the life insurance policy is terminated before it reaches maturity. If there is a filed collateral assignment of life insurance against the policy, any monies paid out will be used to pay off the balance of the loan before either the policyholder or their beneficiaries.

Filing the Collateral Assignment of Life Insurance

When a life insurance company sets a collateral assignment of life insurance, this usually takes about seven to ten days to be filed and acknowledged. However, some companies may expedite this if the collateral assignment is required more urgently.

If you need help with setting up a collateral assignment of life insurance, contact us.

Companies like SelectQuote and Zander Insurance are high volume call centers and often don’t see collateral assignments all the way through.

We’ve helped hundreds of people set up collateral assignments and have expert life insurance agents who can help. Our agents have a thorough understanding of the needs of the collateral assignment process and will be able to guide you through this and ensure that all the requirements of the loan company are met.

Reader Interactions

February 11, 2015 at 3:38 pm

Would collateral assignment of a life insurance policy help in securing a mortgage or a refinance?

February 11, 2015 at 3:44 pm

William, No it wouldn’t.

June 23, 2015 at 9:46 am

Im attempting to complete a 5yr delayed property settlement and want to guarantee my adult daughter receives the death benefits from a whole life policy on my ex spouse. Im entitled 1/2 of everything including his retirement so he is being nice. I don’t trust him to not change her as the beneficiary so can I have the death benefit assigned to her like a collateral assignment to ensure the payout goes directly to her?

July 3, 2015 at 12:10 pm

Kathy, the easiest way to structure this would be to make yourself the owner of the policy. Simply fill out a “change of ownership” form. Only the owner can change the beneficiary of a policy. In other words, you’ll be the “owner” and he’ll be the “insured”. It’s done all the time.

July 6, 2015 at 7:35 pm

I have a large term for policy. Which I have held for 15 yrs. I would like to sell it or use it as collateral. What company can I call?

July 7, 2015 at 9:28 am

Mike, No on the collateral unless you’re trying to secure a loan. I need more information if you want to sell, specifically your age. I’ll email you.

October 22, 2020 at 10:09 am

I was a beneficiary on my dad’s life insurance policy, and which he recently passed. I contacted the life insurance company and they told me a bank was the owner and beneficiary for the policy now. What does this mean?

November 12, 2020 at 11:59 pm

That means your dad likely had an SBA loan or some other type of loan that was collateralized with life insurance. With your fathers death, the life insurance company will be paying the bank to cover the loan.

HOWEVER, most of the time the bank only receives what was left on the loan and the rest will be paid to the beneficiary. I’d look into that.

And sorry for your loss. Good luck!

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Collateral Assignment of Life Insurance (Including Key Steps)

In the world of personal finance, bank loans of one type or another are a routine occurrence.  It is also common for business owners to borrow money in starting a new venture and/or funding the expansion of an existing enterprise.

In securing such loans, lenders often require a life insurance policy on the borrower. Many people are somewhat unfamiliar with this type of requirement and may have a variety of questions, such as...

What is a collateral assignment of life insurance? Is there a difference between absolute assignment vs. collateral assignment? Or, what is involved in the assignment of a life insurance policy?

These or other related questions are understandable, given that this request by a prospective lender may be the first time an individual has ever heard of a collateral assignment. This article, Collateral Assignment of Life Insurance (Including Key Steps) , provides information related to the collateral assignment of life insurance, compares absolute assignment to collateral assignment, and discusses the process for collateral assignment, as well as other considerations in understanding how life insurance policies work .

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Collateral assignment of life insurance.

In applying for personal or business loans, a borrower’s repayment capacity, credit history, collateral assets, and other factors are routinely evaluated by a prospective lender.

As part of the repayment consideration, the lender may require a life insurance policy on the borrower as a condition of the loan. This requirement is more common with business loans, such as U.S. Small Business Administration (SBA) loans, but may also apply to personal lending in certain circumstances.

This type of arrangement is referred to as a collateral assignment and guarantees loan repayment in the event of a borrower’s untimely death. In this scenario, the policy owner is the assignor , and the lender requiring collateral assignment is the assignee .

In a collateral assignment, the insured borrower’s death benefit would be used to repay the outstanding loan amount, with any remaining benefit being paid to the policy’s listed beneficiaries. The life insurance policy used for collateral assignment may be either an existing policy or a new policy taken out specifically for this purpose.

Please note that a collateral assignment is preferred to simply listing the lender as a beneficiary on the policy since the outstanding loan amount usually decreases over time. Additionally, a collateral assignment will routinely terminate once the perspective loan balance has been paid in full.

According to the U.S. Small Business Administration , "l enders should require life or disability insurance where there is a concern over whether the business could survive in the absence of an individual. When life or disability insurance is deemed prudent, the lender may accept a COLLATERAL ASSIGNMENT of an existing or new decreasing term or universal life insurance policy. LENDER SHOULD NOT BE NAMED AS A BENEFICIARY." 

Types of Life Insurance for Collateral Assignment

If a death benefit only is required by a lender, either type of life insurance (i.e., term or permanent) is normally acceptable for collateral assignment.

On the other hand, if the lender requires “collateral” as a condition of extending the loan, an adequately funded cash value policy or other assets as collateral may be required.

Additionally, either an existing policy that you own or a new policy purchased specifically for collateral assignment may be acceptable.

Term Life Insurance

In many instances, term life insurance is the most logical and economical type of policy for providing a lender-required death benefit. Additionally, if a new policy is being established to meet lender requirements, a policy term length can be selected, which coincides with the terms of the loan.

As an example, a 10-year term life insurance policy could be purchased for collaterally assigned to a 10-year loan. Since term life is “pure” protection and provides no cash value, this type of policy will likely meet collateral assignment requirements for a death benefit only. If a lender requires additional collateral as a condition of loan approval, an existing permanent policy with accumulated cash value may be preferred.

Permanent Life Insurance

A permanent life insurance policy may also be used for collateral assignment. In the case of a permanent life policy, the accumulated cash value may be assessed to repay any outstanding balance in the event of borrower default, as well as providing death benefit protection. On a positive note, this “collateral” may be helpful in qualifying for a loan but also limits the policy owner’s access to the cash value as long as there is an outstanding balance.

In either event, once the loan is paid off, collateral assignment restrictions to both the cash value and death benefit are removed. It is also important to note that the policy owner has a responsibility to ensure that a policy used for collateral assigned remains in force and that required premiums are paid.

Group Life Insurance

In some instances, an individual’s group life insurance (employee benefits) may be used for collateral assignment. This is not common but is offered by some insurance companies as an option for group policy members. If you are considering a collateral assignment of life insurance that is part of a group policy or employee benefits, you should contact your benefits administrator and/or issuing insurance company to determine availability.

Collateral Assignment vs. Policy Loans

In answering questions related to the collateral assignment of life insurance, we sometimes receive inquiries concerning how collateral assignment differs from a policy loan.

First off, a collateral assignment and a policy loan are completely different processes. 

With a collateral assignment, a borrower’s life insurance policy death benefit and/or cash value may be used to repay the outstanding loan balance in the event of borrower death and/or default. In comparison, a life insurance policy loan involves borrowing money directly from the life insurance company using the accumulated cash value as collateral. If you own a permanent life insurance policy (i.e., whole life, universal life, variable life, etc.), and have adequate cash value, a policy loan may be a great option to consider.

In comparing loan options, it is important to consider interest rates, loan terms, and other factors. It is also important to note that with a policy loan, you will be charged interest on the amount borrowed, an unpaid loan may reduce the death benefit paid to beneficiaries, and a policy lapse can have significant tax implications.

If you are considering taking out a policy loan on an existing life insurance policy, please consult your insurance and tax professionals for advice specific to your individual situation.

Absolute Assignment vs. Collateral Assignment

Another question that we receive related to the assignment of life insurance policies involves the difference between an absolute assignment vs. a collateral assignment.

As the name implies, an absolute assignment is exactly that, a complete assignment of all interest in a policy’s ownership. According to The Economic Times , "absolute assignment shifts the ownership of the insurance policy.”

Also, assigning a bank as a beneficiary on a life insurance policy is another common mistake. Being named as the primary beneficiary gives the bank rights to the entire death benefit regardless of the current balance on any loan. Whereas, as discussed above, a collateral assignment only commits policy benefits for the term and/or outstanding balance of the loan. So, after the loan amount is paid, the remaining death benefit would go to the policy’s primary beneficiaries.

To reiterate, NEVER provide an absolute assignment or primary beneficiary designation to a lender if all that is required is the collateral assignment of life insurance.

Process for Collateral Assignment of Life Insurance

In completing a collateral assignment of life insurance, it is extremely important to follow the requirements of both the proposed lender and prospective insurance company.

The attention to detail through this process can help to ensure that the collateral assignment is accurately completed, meeting ender requirements.

Using an Existing Life Insurance Policy

If you are required to provide a collateral assignment for a loan and have an existing life insurance policy with an adequate face amount, you can reach out to the issuing insurance company’s policy service department to request collateral assignment instructions and required forms.  Most insurance companies allow collateral assignment of life insurance unless otherwise prohibited in the policy contract.

While the insurance company must be notified and will require certain paperwork to process the request, they are otherwise not involved in the loan process. When completing life insurance company collateral assignment forms, be prepared to provide detailed information related to both your existing policy and perspective loan.

Applying for a New Life Insurance Policy

If you require a collateral assignment for a loan and do not have an existing life insurance policy, you will need to apply for a new policy to meet the terms of your lender. Though the primary purpose of the new policy may be to satisfy lender requirements, it is always advised that you consider comprehensive coverage needs when applying for life insurance.  As an example, you may choose to apply for a longer term policy that you plan to keep after the loan has been paid off for personal or business protection.

As with any purchase of life insurance, it is important to select the right type of policy, amount of coverage, and insurance company based on your individual situation. In naming beneficiaries on a life insurance policy purchased for collateral assignment, ensure to name personal beneficiaries (not the lender). This designation is extremely important since named beneficiaries will receive any death benefits above and beyond the outstanding loan amount.

Additionally, since life insurance policy approval may take anywhere from a few days for simplified issue (non-medical) products to up to 4 weeks or more for fully underwritten (requires medical exam) policies, the application and approval timeline should be taken into consideration. It is best to work with an experienced independent agent who can make appropriate recommendations and facilitate the application process. Once your new life insurance policy is approved and inforce, you can initiate the collateral assignment process by reaching out to the insurer for instructions and required paperwork, as discussed above.

Key Steps in the Collateral Assignment Process

The following are key steps in the collateral assignment process for most insurance companies and lending institutions. It is important to ensure that you follow the specific instructions provided by your individual insurance company. Additionally, consideration of the policy approval timeline is also advised since life insurance underwriting can take several weeks to complete. 

• Determine lender requirements for collateral assignment related to proposed loan.
• Identify an existing policy or apply for a new policy, with appropriate death benefit.
• If applying for a new insurance policy, list personal beneficiaries, NOT the lender.
• Ensuring that new policy is inforce prior to requesting collateral assignment.
• Request forms required for collateral assignment from the insurance company.
• Complete required insurance company paperwork requesting collateral assignment.
• Once collateral assignment is complete, provide verification to lender as required.

Need life insurance for collateral assignment?

Our team can assist in choosing the right type of policy, an appropriate amount of coverage, and the best insurance company for your situation. Get the quality coverage you need at affordable rates. Give us a call at (800) 770-8229 , or request an instant quote today!

James Shiver is the founder of ChoiceLifeQuote.com and a multi-state licensed independent life insurance agent serving the individual family and small-business markets. Dr. Shiver also serves as a university business professor, as well as being an Accredited Financial Counselor®.

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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.

Key Terms for Collateral Assignments

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

Final Thoughts on Collateral Assignments

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

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

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

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

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

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

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

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

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

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

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

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

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

RELEVANT GUIDANCE

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

ACCOUNTING FOR SPLIT-DOLLAR ARRANGEMENTS

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

Recording the Loan at Issuance

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

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

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

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

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

The journal entry to record the example transaction is:

Recording the Interest Accrual

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

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

Recording the Settlement of the Loan

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

Other Considerations for Subsequent Measurement

Collectability.

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

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

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

Value of the Loan

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

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

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

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

Limited-Recourse

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

Non-recourse

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

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

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

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

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Mariners' Matt Brash done for season after Tommy John surgery

• ESPN News Services

Mariners right-hander Matt Brash , one of the top relievers in the American League last season, underwent Tommy John surgery earlier this week and will miss the entire 2024 season, Seattle general manager Justin Hollander said Friday.

Brash had not pitched in the majors this season after experiencing elbow discomfort during spring training. He initially attempted to rehab the injury without surgery but last month experienced a setback just before going out on a rehab assignment.

Hollander said that after meeting with Dr. Keith Meister in Arlington, Texas, the decision was made to have the surgery Wednesday.

"To have his season go away like this stinks for him. Stinks for us," Hollander said. "Probably one of the most popular players in the organization among his teammates, among staff members."

Later Friday, Mariners right-hander Bryan Woo left his start against the Oakland Athletics with one out in the fifth inning for precautionary reasons after experiencing tightness in his arm. He is expected to make his next turn in the rotation for Seattle.

Hollander said Brash had a partial tear in the posterior area of the ulnar collateral ligament in his pitching elbow, an area of the ligament that's difficult to rehabilitate without surgery. Brash was able to pitch without issue despite the tear until he started to experience pain while throwing last month.

Hollander said the hope is that Brash could be back pitching for the Mariners sometime in late spring or early summer of next season. Meister also placed a brace in Brash's elbow in the hope of speeding up the UCL recovery. The brace is separate from the internal brace surgery the likes of Spencer Strider have undergone to repair elbow issues.

Brash led all of baseball with 78 appearances last season and posted a 9-4 record with a 3.06 ERA. He struck out 107 batters in 70⅔ innings, often using a wipeout slider that has made him one of the more difficult relievers to face.

He began his career with Seattle in 2022 as a starter before transitioning to the bullpen. He appeared in 117 games over the previous two seasons and is the latest name to join the growing list of players sidelined by elbow issues this year, including Strider, Cleveland 's Shane Bieber , the New York Yankees ' Jonathan Loaisiga , Miami 's Eury Perez and Oakland 's Trevor Gott .

"I would put him up as one of the top relievers in the league," Seattle manager Scott Servais said. "It's probably the most unique breaking ball. It's the breaking ball everybody talks about in the league; Matt Brash's slider. It's just a wipeout pitch. When you don't have a weapon like that, you have to manipulate through a bullpen a little differently. He's a great security blanket to have when you map out a plan each night."

The Mariners have been without two of their top relievers since spring training. Brash was sidelined with his elbow issues, and Gregory Santos has been out because of a lat strain. Hollander said Santos had a small setback in his recovery and after a brief break has resumed throwing out to about 90 feet. But the setback means it will likely be July before Santos pitches for the Mariners.

Woo was making his first start of the year Friday night after being slowed by a sore elbow during spring training. He allowed one hit through the first four innings only to leave the game after getting Tyler Soderstrom to foul out behind third base to open the fifth.

Servais said after Seattle's 8-1 victory over Oakland that he expects Woo to make his next start.

"He was just a little tight. He wasn't loose, and there is no point in pushing it right now," Servais said. "I think he's going to be fine."

While the news on pitchers was rough, the Mariners could be close to getting two position players back. Outfielder Dominic Canzone (shoulder) is expected to start a rehab assignment with Triple-A Tacoma on Saturday, while shortstop J.P. Crawford (oblique) is likely to start a rehab assignment either this weekend or early next week.

The Associated Press contributed to this report.