Motion to Amend in 824 Trueblue, Llc v. Metlife Tower Resources Group, Inc., Metropolitan Life Insurance Company, Christopher Scott| Trellis.Law

On July 13, 2020 a Complaint,Petition was filed involving a dispute between 824 Trueblue, Llc, and Christopher Scott, Metlife Tower Resources Group, Inc., Metropolitan Life Insurance Company, for Special Proceedings - Other (GOL Section 5-1701 et seq) in the District Court of Kings County.

Preview
FILED: KINGS COUNTY CLERK 08/20/2020 03:38 PM INDEX NO. 512313/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/20/2020

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------------------------------------------------------------------X Index No. 512313/2020
In the Matter of the Petition of
824 TRUEBLUE, LLC, for
Approval of Transfer of Structured Settlement Payment
Rights In Accordance with New York GOL §5-1701,

-against- VERIFIED
AMENDED
PETITION

METLIFE TOWER RESOURCES GROUP, INC.,
METROPOLITAN LIFE INSURANCE COMPANY,
and CHRISTOPHER SCOTT
----------------------------------------------------------------------------X

Petitioner, 824 TRUEBLUE, LLC (“TRUEBLUE”), by their attorney, Greg

Saber, on notice to respondents, CHRISTOPHER SCOTT (“SCOTT”), METLIFE

TOWER RESOURCES GROUP, INC. and METROPOLITAN LIFE INSURANCE

COMPANY, alleges as follows:

1. This is a special proceeding pursuant to the Structured Settlement

Protection Act, General Obligations Law §5-1701 et seq. seeking approval of the transfer

of certain structured settlement payment rights due under a structured settlement

agreement, in accordance with 26 U.S.C. §5891 et seq. and GOL §5-1701 et seq. The

proposed transfer seeks approval, as authorized by the statute, for the sale of the

following: 255 monthly life-contingent payments of $1,962.82 beginning October 15,

2038 through and including December 15, 2059 with a 3% annual increase each October

(the “Assigned Payments”).

2. The New York GOL §5-1705(a) mandates the filing of this matter

by Order to Show Cause (Exhibit “A”).

3. The Petitioner, TRUEBLUE, with its principal place of business located in

California, is a “Transferee” as defined in GOL §5-1701(t).
1

1 of 48
FILED: KINGS COUNTY CLERK 08/20/2020 03:38 PM INDEX NO. 512313/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/20/2020

4. The Respondent, SCOTT, is a “Payee” as defined in GOL §5-1701(h).

The Payee is entitled to receive a structured settlement payment stream that is the subject

of this Application.

5. Jurisdiction exists in this Court as SCOTT resides in Kings County, New

York.

6. Certain entities are deemed to be “interested parties” to this Petition as

defined in GOL §5-1701(f); pursuant to GOL §5-1705(c) they are to be served at least 20

days prior to the Petition being heard with copies of said Petition and the notice of

Petition or Order to Show Cause, as the case may be.

7. The interested parties noticed of the special proceeding herein are:

i. The Payee, who consents and joins in this application as evidenced by
the Transfer Agreement and other papers consummated by and
between TRUEBLUE. The Payee is prepared to testify before this
Court regarding the proposed transfer and the needs surrounding it;
ii. METLIFE TOWER RESOURCES GROUP, INC. is a “Structured
Settlement Obligor” as defined in GOL §5-1701(n) with respect to the
structured settlement payment rights at issue in this proceeding; and
iii. METROPOLITAN LIFE INSURANCE COMPANY is the “Annuity
Issuer” as defined in GOL §5-1701(a) in connection with the
structured settlement payment rights at issue in this proceeding;
8. SCOTT, as he disclosed to TRUEBLUE, is single and has five minor

dependents. The Payee is prepared to testify in Court regarding the circumstances for

this proposed transfer.

9. The Payee is the recipient of structured settlement payments as through a

settlement contract which provided for a series of deferred cash payments under a

“structured settlement” as defined in GOL §5-1791(l) and 26 U.S.C. §5891(c)(1). A true

2 of 48
FILED: KINGS COUNTY CLERK 08/20/2020 03:38 PM INDEX NO. 512313/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/20/2020

and correct copy of the schedule of benefits from the annuity contract that resulted from

the settlement is attached hereto as Exhibit “B”.

10. Pursuant to 26 U.S.C. §5891(a), any transfer of structured settlement

payment rights pursuant to a Transfer Agreement entered into after the effective date

subjects the Transferee (i.e., the purchaser of the structured settlement payment rights) to

an excise tax unless the transfer has been approved by, inter alia, by a court of the state in

which the Payee of the structured settlement is domiciled through the issuance of a

“Qualified Order,” which is defined as an order issued pursuant to the terms of a statute

regulating the transfer of structured settlement transfer rights enacted by the state in

which the Payee is domiciled or the settled case was litigated. The Structured Settlement

Protection Act, GOL §5-1701 et seq. is such a statute.

11. New York Insurance Law §3212(d) provides that any purported

limitations upon transfer in an annuity contract funding a structured settlement are

ineffective if the transfer has been approved pursuant to GOL §5-1701 et seq.

12. The Payee executed a “Transfer Agreement” as defined in GOL §5-

1701(r), wherein he/she agreed to sell, assign or transfer to TRUEBLUE rights to certain

payments remaining under the settlement agreement. A copy of the said proposed

Transfer Agreement is annexed hereto as Exhibit “C”.

13. Pursuant to the Transfer Agreement, the Payee seeks to sell, assign or

transfer to TRUEBLUE rights to the Assigned Payments as defined above.

14. It is a condition of the Transfer Agreement that the transfer be approved

by a court and an order entered, that must be recognized and honored by METLIFE

TOWER RESOURCES GROUP, INC., the structured settlement obligor and

METROPOLITAN LIFE INSURANCE COMPANY, the annuity issuer.

3 of 48
FILED: KINGS COUNTY CLERK 08/20/2020 03:38 PM INDEX NO. 512313/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/20/2020

15. Petitioner is informed and believes and upon that basis alleges that the

underlying structured settlement that established the annuity at issue in the present case

contained language that restricted and/or prohibited the right and/or power to assign the

Assigned Payments in question.

16. All disclosure requirements of GOL §5-1703 have been complied with by

providing, not less than ten (10) days prior to the date on which the Payee executed the

Transfer Agreement by first class mail and certified-mail, return-receipt requested and/or

postal office priority mail, the disclosure statement in 14-point bold type containing

disclosures in plain language the information required therein, namely;

a. the amount and due date of the structured settlement payments to be

transferred;

b. the aggregate amount of such payments;

c. the discounted present value of the payments to be transferred which

shall be identified as the “calculation of current value of the

transferred structured settlement payments under federal standards for

valuing annuities”, and the amount of the applicable federal rate used

in calculating such discounted present value;

d. the price quote from the original annuity issuer or, if such price quote

is not readily available from the original annuity issuer, then a price

quote from two other annuity issuers that reflects the current cost of

purchasing a comparable annuity for the aggregate amount of

payments to be transferred;

e. the gross advance amount and the annual discount rate, compounded

monthly, used to determine such figures;

4 of 48
FILED: KINGS COUNTY CLERK 08/20/2020 03:38 PM INDEX NO. 512313/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/20/2020

f. an itemized listing of all commissions, fees, costs, expenses and

charges payable by the Payee or deductible from the gross amount

otherwise payable to the Payee and the total amount of such fees;

g. the net advance amount including the statement: “The net cash

payment you receive in this transaction from the buyer was determined

by applying the specified discount rate to the amount of future

payments received by the buyer, less the total amount of commissions,

fees, costs, expenses and charges payable by you”;

h. the amount of any penalties or liquidated damages payable by the

Payee in the event of any breach of the Transfer Agreement by the

Payee; and

i. a statement that the Payee has the right to cancel the Transfer

Agreement, without penalty or further obligation, not later than the

third business day after the date the Transfer Agreement is signed by

the Payee.

The Disclosure Statement and proof of its mailing via United States postal service

priority mail and receipt by the Payee, as reflected in the Disclosure Statement, is

attached hereto as Exhibit “D”.

17. The transfer complies with all requirements and standards of 26 U.S.C. §

5891 and Pub.L.107-134, Title 1, §115(c)(3)(A); in that:

a. For the reasons shown in application and exhibits, the transfer is in
the best interests of the Payee, taking into account the welfare and
support of the Payee’s dependents, if any; and
b. The transfer does not contravene any applicable federal or state
statute or the order of any court or responsible administrative or
government authority.

5 of 48
FILED: KINGS COUNTY CLERK 08/20/2020 03:38 PM INDEX NO. 512313/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/20/2020

18. The transfer complies with all requirements and standards of GOL §5-

1701 et seq. in that:

a. It complies with all requirements of the Structured Settlement
Protection Act, GOL §5-1701 et seq.;
b. For the reasons shown in the affidavit of the Payee annexed hereto
as Exhibit “E,” the transfer is in the best interests of the Payee
taking into account the welfare and support of the Payee’s
dependents, if any, and the transaction, including the discount rate
used to determine the gross advance amount and the fees and
expenses used to determine the net advance amount, is fair and
reasonable;
c. The Payee has been advised in writing by the Transferee to seek
independent professional advice regarding the transfer and has
either received such advice or knowingly waived such advice in
writing; (Exhibit “F”)
d. The transfer does not contravene any applicable federal or state
statute or the order of any court or other government or responsible
administrative authority; and
e. The Transfer Agreement and all disclosures are written in plain
language and in compliance with GOL § 5-702.
19. No previous application has been made to this or any other Court for the

relief sought herein.

20. The controlling statute is attached herewith as Exhibit “G.”

21. A list of the Payee’s dependents is attached herewith as Exhibit “H”.

22. Upon information and belief, Payee has previously attempted and/or

completed the following structured settlement transfers:

a. Index No. 5531-13 filed in Supreme Court of Kings County, New

York, California by J.G. Wentworth Originations, LLC. Upon information and

6 of 48
FILED: KINGS COUNTY CLERK 08/20/2020 03:38 PM INDEX NO. 512313/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/20/2020

belief this petition was approved. A copy of the court order is attached herewith

as Exhibit “I”.

Additional transfers may have been attempted or completed but after good faith efforts

Petitioner is not able to locate any additional filings.

23. The undersigned respectfully requests a hearing in this matter to address

any questions or concerns of the Court.

///

7 of 48
FILED: KINGS COUNTY CLERK 08/20/2020 03:38 PM INDEX NO. 512313/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/20/2020

WHEREFORE, pursuant to GOL §5-1701, et seq., Petitioner, TRUEBLUE,

hereby respectfully requests that this Court enter an Order approving the transfer, based

upon findings that (i) it is in compliance with the requirements of 26 U.S.C. §5891 and

Pub.L.107-134, Title 1, §115; and GOL §5-1701 et seq.; (ii) the transfer is in the best

interest of the Payee, taking into account the welfare and support of the Payee’s

dependents, if any, and the transaction, including the discount rate used to determine the

gross advance amount and the fees and expenses used to determine the net advance

amount, is fair and reasonable; (iii) the Payee has been advised in writing by the

Transferee to seek independent professional advice regarding the transfer and has either

received such advice or knowingly waived such advice in writing; (iv) the transfer does

not contravene any applicable federal or state statute or order of any court or other

responsible administrative or government authority; and (v) the Transfer Agreement,

disclosure and related documents are written in plain language and in compliance with

GOL §5-702, and directing METLIFE TOWER RESOURCES GROUP, INC. and

METROPOLITAN LIFE INSURANCE COMPANY to recognize and honor the terms of

the Transfer Agreement to Petitioner, TRUEBLUE or its assigns and to make payment of

the structured settlement payments that are the subject of this proceeding to Petitioner,

TRUEBLUE and/or its successor(s) and/or assigns.

Dated: August 20, 2020
Respectfully Submitted,

/s/ Greg Saber__________________
Greg Saber/Petitioner’s Attorney

8 of 48
FILED: KINGS COUNTY CLERK 08/20/2020 03:38 PM INDEX NO. 512313/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/20/2020

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------------X
In the Matter of the Petition of
824 TRUEBLUE, LLC,
Petitioner(s),

For Approval of Transfer of Structured Settlement Payment ATTORNEY'S
Rights In Accordance with New York GOL §5-1701, VERIFICATION

-against-

METLIFE TOWER RESOURCES GROUP, INC.,
METROPOLITAN LIFE INSURANCE COMPANY,
and CHRISTOPHER SCOTT

Respondent(s).
----------------------------------------------------------------------------X

GREG SABER, an attorney duly admitted to practice in the Courts of the State of New
York, affirms the following, upon information and belief, under the penalties of perjury:

I am the attorney of record for the Petitioner, 824 TrueBlue, LLC, in the above-entitled
action.

I have read the foregoing Order to Show Cause and Verified Amended Petition and
know the contents thereof; the same is true to my own knowledge except as to the matters
therein stated to be alleged on information and belief, and that as to those matters, I believe them
to be true.

This verification is made by your affirmant and not by Petitioner because said Petitioner
does not maintain its principal place of business within Nassau County, New York, which is the
county where your affirmant maintains offices.

The grounds of your affirmant's belief as to all matters not stated upon affirmant's
knowledge are correspondence had with Petitioner, information contained in said Petitioner's
file, which is in your affirmant's possession, and other pertinent data relating thereto.

Dated: August 20, 2020
/s/ Greg Saber__________
Greg Saber, Esq.

9 of 48
FILED: KINGS COUNTY CLERK 08/20/2020 03:38 PM INDEX NO. 512313/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/20/2020

SUPREME COURT OF THE STATE OF NEW YORK INDEX NO.
COUNTY OF KINGS
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X

In the Matter of the Petition of
824 TRUEBLUE, LLC,
Petitioner(s),

For Approval of Transfer of Structured Settlement Payment
Rights In Accordance with New York GOL §5-1701,

-against-

METLIFE TOWER RESOURCES GROUP, INC.,
METROPOLITAN LIFE INSURANCE COMPANY,
and CHRISTOPHER SCOTT

Respondent(s).
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X

_________________________________

ORDER TO SHOW CAUSE, VERIFIED AMENDED PETITION AND EXHIBITS
_________________________________

Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney duly admitted to practice in the
courts of New York State, certifies that, upon information and belief and reasonable inquiry, the
contentions contained in the annexed documents are not frivolous.

Dated: August 20, 2020 Signature: /s/ Greg Saber_______
Greg Saber, Esq.

GREG SABER, ESQ.
Attorney(s) for Petitioner(s)
8 Bond Street
Suite 303
Great Neck, NY 11021
(800) 449-6311 – Telephone
(800) 922-6312 – Facsimile

10 of 48
FILED: KINGS COUNTY CLERK 08/20/2020 03:38 PM INDEX NO. 512313/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/20/2020

Exhibit A

11 of 48
FILED: KINGS COUNTY CLERK 08/20/2020 03:38 PM INDEX NO. 512313/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/20/2020

Page 1

isNexis'
Le

1 of 2 DOCUMENTS

'"* THIS '"
SECTION IS CURRENT THROUGH 2011 RELEASED CHAPTERS
•'* ***
1-54, 57-78

. OENERAL OBLlOATIONS LAW
ARTICLE!S.¡ CREATION, DEF1Nrr1ON AND BNPORCBMEtfr oF CONTRACTUAL OBLIOATIONS
TITLE 17. STRUCTURED SETIl..EMENT PROTECTION ACT

; Go to the New York Code Archive Directory

NY CLS Gan Oblig § 5-1705 (2011)

§ 5-1705. Procedure for approval of transfers

(a) An action for approval of a transfer ni a structured settlement shall be by a special proceeding brought on only by
order to show causci.

(b) Such proceeding shall be commenced to obtain spproval of a transfer of strecused settlement payment rights. Such
proceeding shall be commenced:

(i) in the supreme court of the county in which the payce resides; or
(ii)in any court which approved the structured settlement agreement.

(c) A copy of the ffig 1) order to show cause and petition shall be served upon all interested parties at least twenty days
before the time at which the petition is nouced to be heard. A response shall be served at least seven days before the
petition is noticed to be heard.

(d) A petition for approval of a transfer of:tmetwed settlement payment rights shall include:

(i) a copy of the transfer agreement;
ti-
(ii) a copy of the disclosure statement and proof of notice of that statement required under section 5-1703 of this
tic; (fig 1]
together with each dependent's age; and
(iii) a listing of each of the payee's dependents,
of the struc-
(iv) a statement·setting forth whether there have been any previous transfers or applications for transfer
tured set0cment payment rights and giving details of all such transfers or epplietiane for transfer.

excused for good cause.
(c) On the hearing, the payce shall attend before the court unless atteMance is

IIISTORY:
eff Jan 1, 2011.
Add, L 2002, ch 537, § 2, eff July 1, 2002 (see 2002 note below); amd, L 2010, ch 511, § 1,

NOTES:

12 of 48
FILED: KINGS COUNTY CLERK 08/20/2020 03:38 PM INDEX NO. 512313/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/20/2020

. .
, Page 2
NY cts Gen Oblig § 5-1905

2010 Recemm-f ins of the Advisory ComnHttee on Civil Practice
The C-==itte¼ recommends the amendment of New York's General Obligations LawTitle 17, enacted in 2002, inso-
far as it governs the procedure for
obtaining court approval for the transfer of a structured settlement.
By way of backgfound, in a strüctüi-d emi-t the recipient does not receive all the proceeds at the time of settle-
ment. Itather, all:or'.a portion are paid out in scheduled periodic payments over a course of time.
Usually a atruc;ured settlement agreement restricts the recipient from transIer:1ng the rights to the future payments.
Nonetheless, a market has developed whereby entities - comm0Illy referred to ansta,ct-.J mulemnt factoring com-
panies -- putchase the rights to futur9 payntouts for a present cash payment (See generally, Daniel W. Hindert and
Craig H. Ulman,Transfers of Structured Settlement Payment Rights: What Judges Should Know About Structured Set-
tlement Frotection Acts, A.D.A. Judges' Journal, Spring 2005.).
The structured settiernent recipient (referred to in GOI.,Title 17 as the "payee') is typically charged a high discount
rate by the factoring cGiiipar.y in exchange for the present cash payment. in order to assist the Court in determining
whether the transfer is "in the best interests of the payee," (GOL § 5.1706(b)) the following amendments to section 5-
1705 are recommended:
First; Section 5-1705(a) would add the requirement that the action for approval of a transfer be initiated only by order
to show cause.
his addition would aid in assigning the action, particularly in counties where one judge handles all such applications.
Requiring that the action be brought on by order in show cause does not reduce the minimum notice period of 20 days
specified in section 5-1705(c).
Second: Section 5-1705(d)(iv) would be added to provide that the petition for approval of a transfer include: a state-
ment setting forth whether there have bcon any previous transfers or applications for tr8ngtar of the structured settlement
and giving details of all such transfers or applications for transfer.
This information is oDViOusly useful to the Court, but hop::h:!!y will also have the offect of deterring the practice of
filing a petition seeking a transfer in one venue after it has already been denied in a different venue. (Sec, c.g., In re:
Angel L. Claudio, Jr., Index #7063/2006, Supreme Court, Dutchss County, Order of Hon. Christine A. Sproat, LS.C.
01/10/07.).
Third: Section 5-1705(c) would be added:On the hearing, the payee shall attend before the court unless attendance is
excused for good cause.
"hearing"
This new languago is adopted from CPLR 1208(d). It is not intended that the described in new subdivision
record" and involves the reception of
(c) must necessarily be a fortual hearing that is "on the evidence, but the term is
usedin the broader sense with the expectation that the court wilt direct such formalities as it deems advisable.

Editor's Notes

Iaws 2002, ch 537, §§ 1 and 4, eff July 1, 2002, provide as follows:
act".
Section 1..Short title. This act shall be known and may be cited as the "structured settlement protection
stmctured settlement payment rights under
§ 4. This act shan take effect.luly 1, 2002 and shall apply to any transfer of
a transfer agreement entered into on or after such date.

Amendment Notes
2010. Chapter 511; § 1 amended:
Sub (a) by adding the matter in itolics.
and petition or".
Sub(c) by deleting at fig 1 "notice of petition
Sub (d), par (ii) by;dcicting at fig 1 "and".
Sub (d), par (iii) by adding the matter in italics.
By adding sub (d),!par (iv).
By adding sub (e).

13 of 48
FILED: KINGS COUNTY CLERK 08/20/2020 03:38 PM INDEX NO. 512313/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/20/2020

Page 3
NY CLS Gen Oblig § 5-D05

LexisNexis 50 State Surycys, LegislaGon & Regulations
Structured settlements

CaseNotes:

12giSlativC $landards that apply 19 thC 855ignmCRIOf slfuctured set!!emn!5 in personal njery ==oca also apply to
the assignmen t of periodic lottery paym80ts (A stchange for n lurnp sum psyoff. In re Cabrera (2003, Sup) 196 Misc 2d
329, 765 NYS2d 208.
Structured settlhment recipient's request for transfer of the settlement to him so that he could buy a building to live
in and operate a piz a business from was denied by a trial court as the settlement was entered into only three years prior
to the request, when the recipient was 17 years old and was act up due to him acquiring lead pciscr,ing, which did cause
him to have learning dif0culties.The court deferred to the assessment of the recipient% mother at the time of tim struc-
tured settlement (only threc years prior) that it was necessar y. Mauer of 321 Henderson Receivables C,:gt:2:n LLC
(2008, Sup) 20 Mist 3d 1114A, 240 NYLJ 23.

14 of 48
FILED: KINGS COUNTY CLERK 08/20/2020 03:38 PM INDEX NO. 512313/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/20/2020

Exhibit B

15 of 48
FILED: KINGS COUNTY CLERK 08/20/2020 03:38 PM INDEX NO. 512313/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/20/2020

MetLife Insurance Company
US Business - Annuity & Investment Operations . . .
PO Box 14710 • Lexington, KY 40512-4710
Facsimile: 1-859-825-6700

November 9, 2011

Christopher Scott
3325 Neptune Ave Apt. 2303

Brooklyn, NY 11224-5011

RE· .Annuitant: .. . . . . .
. . . . ......ChristopherEcottt_ ... _.. ___ .. .

Annuity #: 96124MIL
Owner: MetLife Tower Resources Group, Inc.

Dear Christopher Scott

Per your request we are providing this letter as a verification of your available benefits as payee of
the above referenced strüctured settlement. Please this letter in a safe place for future
keep
reference.

MetLife Tower Resources Inc. is the owner of the Strucsed Settlement referenced above.
Group,
All rights incident of this annuity reside with the owner of the annuity.

Below is a description of the ramaining payments that you are entitled to under the above referenced
structered settlement:

• Guamnteed monthly payments of $1,119.37 commencing August
15, 2020 through and

including September 15, 2038 with an annual increase of 3% every October 15th and

candening as long as the annuitant is alive.

It is important to note, payments have been assigned by court order to JG Wentworth
Origination, LLC. Please contact them if you have questions regarding the assigned payments.
These amounts are not Included in the above listed bene f its currently available to you.

Please be advised that in order to obtain a copy of the settlement agreement or any other legal
accu--cnt regarding your annuity, you will need to contact the attorney who settled the case or the
court where the case was settled.

Should you have further questions, please contact our Customcr Sales and Service Group at 1-800-
638-2704 Mcaday through Friday during the hours of 8:00 AM till 11:00 PM Eastern Time.

Sincerely,

Structured Settlements Unit
/ACT
DCN: 111104016682

INVE

16 of 48
FILED: KINGS COUNTY CLERK 08/20/2020 03:38 PM INDEX NO. 512313/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/20/2020

Exhibit C

17 of 48
FILED: KINGS COUNTY CLERK 08/20/2020 03:38 PM INDEX NO. 512313/2020
DocuSign Envelope ID: 5A8072B1-FCDB-4B0C-8AD1-89538A3B5E52
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/20/2020

Proposed Agreement to Transfer Structured Settlement Payment Rights
8/19/2020
This Agreement signed this: _______________
BETWEEN
Christopher Scott
An individual residing in the State of New York
(Seller referred to as "You", "Your" and similar words)
-and-
824 TrueBlue, LLC
A Florida Limited Liability Company
(Buyer referred to as "We", "Us" and similar words)

The parties agree to the following:
1. Definitions: As used in this Agreement the following terms have the meanings set out
below.
a. "Adverse Claims" means any liens on, judgements against, or claims against you or the
Annuity.
b. "Agreement" means this Agreement to Transfer Structured Settlement Payment Rights
and attached schedules which form a part of this Agreement
c. "Annuity" has the meaning contained in the Terms Rider attached as Schedule "A".
d. "Annuity Issuer" means the insurance company making the Assigned Payments to
you.
e. "Annuity Obligor" means the company or other person that is legally obligated to pay
the claim that gave rise to the underlying settlement obligation in the present matter.
This may or may not be the owner of the annuity policy at question.
f. "Assigned Payments" means the Annuity payments to be sold, assigned and
transferred according to this Agreement and set out in the Terms Rider.
g. "Adverse Claim" has the meaning set out in paragraph 3b.
h. "Closing" has the meaning set out in paragraph 2c.
i. "Collateral" means the Assigned Payments and the related rights.
j. "Court Order" means a final, non-appealable court order issued by a court of
competent jurisdiction.
k. "Disclosure Statement" means a statement required by law that contains important
information about this transaction.
l. "Documents" means all documents and information related to the Annuity and
Assigned Payments includes those documents set out in paragraph 2e.

18 of 48
FILED: KINGS COUNTY CLERK 08/20/2020 03:38 PM INDEX NO. 512313/2020
DocuSign Envelope ID: 5A8072B1-FCDB-4B0C-8AD1-89538A3B5E52
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/20/2020

m. "Purchase Price" means the price set out in the Terms Rider attached as Schedule "A".
n. "Terms Rider" means the document attached as Schedule "A"
o. "UCC" means the Uniform Commercial Code in effect in the state where you reside
unless by reason of mandatory provisions of law any or all of the attachment, perfection
or priority of our security interest in a jurisdiction other than the State where your
reside, in which case the UCC in such other jurisdictions shall apply.
2. Annuity Purchase and Sale
a. Agreement to Sell. You agree to sell, assign and transfer to us and our successors and
assigns, all of your right, title and interest in the Assigned Payments and related rights
arising out of a Structured Settlement Annuity as set out in the Terms Rider attached as
SCHEDULE "A".
b. Price and Payment. On closing we shall pay you the Purchase Price in immediately
available funds by wire transfer, bank draft or certified check. If you receive any of the
Assigned Payments or portion thereof before closing, you will keep those payment(s)
and the Purchase Price will be reduced by the amount of the payment(s). If you are not
entitled to one or more of the Assigned Payments or portion thereof then the Purchase
Price will be reduced by the amount of such payment(s) or portion thereof.
c. Closing. The closing of the transaction will occur by the 5th business day (or a
reasonable time thereafter) after all conditions in paragraph 3a have been satisfied. At
any time before closing we have the sole and absolute discretion to cancel this
Agreement without further obligation to you if (i) you do not satisfy all obligations
under this Agreement or (ii) as otherwise permitted in this Agreement.
d. Delivery of Assigned Payments.
1. On closing, you will deliver and assign, and we will accept the Assigned
Payments.
2. You agree that at closing, title to the Assigned Payments will be good and
marketable, free and clear of all claims, liens, mortgages or encumbrances of any
kind.
e. Access to Documents. From the date of this Agreement and up to the closing, on
reasonable notice to you, you will provide us with access to all Documents. When
requested by us, you will deliver copies of the Documents to us for our review and
files. If you do not have the Documents in your possession you shall have sole
responsibility for acquiring the Documents. Documents shall include but not limited to:
1. A copy of the underlying structured settlement agreement;
2. Any Court Order(s) giving rise to your right to receive the Assigned Payments;
3. The Annuity Contract(s);
4. A Qualified Assignment Agreement (if applicable);
5. A statement of independent professional advance (or waiver thereof);
6. Written consent from your spouse (if applicable);

19 of 48
FILED: KINGS COUNTY CLERK 08/20/2020 03:38 PM INDEX NO. 512313/2020
DocuSign Envelope ID: 5A8072B1-FCDB-4B0C-8AD1-89538A3B5E52
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/20/2020

7. Proof of your age of majority and other valid government-issued personal
identification;
8. Your most recent federal and state income tax returns; and/or
9. Such other documents and information as we may reasonably request depending
on your personal situation.
f. Disclosure Statement. You acknowledge receipt of a Disclosure Statement containing
important information regarding this transaction.
g. Irrevocable Power of Attorney.
1. You irrevocably appoint us, or our successor or assign, the true and lawful attorney
for you and for our use and benefit to accept, sign, endorse, negotiate and/or
t

Case Info

Judge

Robin Sheares Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

August 20, 2020

Case Filing Date

July 13, 2020

County

Parties

For full print and download access, please subscribe at https://www.trellis.law/.

Complaint,Petition: 824 Trueblue, Llc v. Metlife Tower Resources Group, Inc., Metropolitan Life Insurance Company, Christopher Scott

Preview

Related Topics

Case Info

Parties