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What Is a Collateral Assignment of Life Insurance?
Charlene Rhinehart is a CPA , CFE, chair of an Illinois CPA Society committee, and has a degree in accounting and finance from DePaul University.
A collateral assignment of life insurance is a conditional assignment appointing a lender as an assignee of a policy. Essentially, the lender has a claim to some or all of the death benefit until the loan is repaid. The death benefit is used as collateral for a loan.
The advantage to using a collateral assignee over naming the lender as a beneficiary is that you can specify that the lender is only entitled to a certain amount, namely the amount of the outstanding loan. That would allow your beneficiaries still be entitled to any remaining death benefit.
Lenders commonly require that life insurance serve as collateral for a business loan to guarantee repayment if the borrower dies or defaults. They may even require you to get a life insurance policy to be approved for a business loan.
Key Takeaways
- The borrower of a business loan using life insurance as collateral must be the policy owner, who may or may not be the insured.
- The collateral assignment helps you avoid naming a lender as a beneficiary.
- The collateral assignment may be against all or part of the policy's value.
- If any amount of the death benefit remains after the lender is paid, it is distributed to beneficiaries.
- Once the loan is fully repaid, the life insurance policy is no longer used as collateral.
How a Collateral Assignment of Life Insurance Works
Collateral assignments make sure the lender gets paid only what they are due. The borrower must be the owner of the policy, but they do not have to be the insured person. And the policy must remain current for the life of the loan, with the policy owner continuing to pay all premiums . You can use either term or whole life insurance policy as collateral, but the death benefit must meet the lender's terms.
A permanent life insurance policy with a cash value allows the lender access to the cash value to use as loan payment if the borrower defaults. Many lenders don't accept term life insurance policies as collateral because they do not accumulate cash value.
Alternately, the policy owner's access to the cash value is restricted to protect the collateral. If the loan is repaid before the borrower's death, the assignment is removed, and the lender is no longer the beneficiary of the death benefit.
Insurance companies must be notified of the collateral assignment of a policy. However, other than their obligation to meet the terms of the contract, they are not involved in the agreement.
Example of Collateral Assignment of Life Insurance
For example, say you have a business plan for a floral shop and need a $50,000 loan to get started. When you apply for the loan, the bank says you must have collateral in the form of a life insurance policy to back it up. You have a whole life insurance policy with a cash value of $65,000 and a death benefit of $300,000, which the bank accepts as collateral.
So, you then designate the bank as the policy's assignee until you repay the $50,000 loan. That way, the bank can ensure it will be repaid the funds it lent you, even if you died. In this case, because the cash value and death benefit is more than what you owe the lender, your beneficiaries would still inherit money.
Alternatives to Collateral Assignment of Life Insurance
Using a collateral assignment to secure a business loan can help you access the funds you need to start or grow your business. However, you would be at risk of losing your life insurance policy if you defaulted on the loan, meaning your beneficiaries may not receive the money you'd planned for them to inherit.
Consult with a financial advisor to discuss whether a collateral assignment or one of these alternatives may be most appropriate for your financial situation.
Life insurance loan (policy loan) : If you already have a life insurance policy with a cash value, you can likely borrow against it. Policy loans are not taxed and have less stringent requirements such as no credit or income checks. However, this option would not work if you do not already have a permanent life insurance policy because the cash value component takes time to build.
Surrendering your policy : You can also surrender your policy to access any cash value you've built up. However, your beneficiaries would no longer receive a death benefit.
Other loan types : Finally, you can apply for other loans, such as a personal loan, that do not require life insurance as collateral. You could use loans that rely on other types of collateral, such as a home equity loan that uses your home equity.
What Are the Benefits of Collateral Assignment of Life Insurance?
A collateral assignment of a life insurance policy may be required if you need a business loan. Lenders typically require life insurance as collateral for business loans because they guarantee repayment if the borrower dies. A policy with cash value can guarantee repayment if the borrower defaults.
What Kind of Life Insurance Can Be Used for Collateral?
You can typically use any type of life insurance policy as collateral for a business loan, depending on the lender's requirements. A permanent life insurance policy with a cash value allows the lender a source of funds to use if the borrower defaults. Some lenders may not accept term life insurance policies, which have no cash value. The lender will typically require the death benefit be a certain amount, depending on your loan size.
Is Collateral Assignment of Life Insurance Irrevocable?
A collateral assignment of life insurance is irrevocable. So, the policyholder may not use the cash value of a life insurance policy dedicated toward collateral for a loan until that loan has been repaid.
What is the Difference Between an Assignment and a Collateral Assignment?
With an absolute assignment , the entire ownership of the policy would be transferred to the assignee, or the lender. Then, the lender would be entitled to the full death benefit. With a collateral assignment, the lender is only entitled to the balance of the outstanding loan.
The Bottom Line
If you are applying for life insurance to secure your own business loan, remember you do not need to make the lender the beneficiary. Instead you can use a collateral assignment. Consult a financial advisor or insurance broker who can walk you through the process and explain its pros and cons as they apply to your situation.
Progressive. " Collateral Assignment of Life Insurance ."
Fidelity Life. " What Is a Collateral Assignment of a Life Insurance Policy? "
Kansas Legislative Research Department. " Collateral Assignment of Life Insurance Proceeds ."
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What Is Collateral Assignment of Life Insurance?
Table of contents, key takeaways.
- Collateral assignment allows you to use a life insurance policy as assurance for a loan. The lender gets the first claim on the death benefit if you default.
- Permanent life insurance policies like whole and universal life are commonly used since they don't expire.
- A formal collateral assignment process involves paperwork with the lender and insurer.
- Benefits include potentially improving loan eligibility and getting a lower interest rate. Drawbacks include reduced death benefits for beneficiaries.
- Alternatives like borrowing against cash value or taking an unsecured loan may be cheaper than paying for life insurance you don't need.
If you'd like to borrow money through a loan, life insurance could help you qualify and get a lower interest rate. Through something called a collateral assignment of life insurance, you can set up an agreement where your policy pays the lender in case you can't.
Not every lender accepts this arrangement, and there are downsides, notably that your primary beneficiary is no longer first in line for the life insurance death benefit. However, in the right situation, it can be a useful financial strategy. Here's what to know about an assignment of life insurance and how to use it properly.
What Is Collateral?
Collateral is a valuable asset that can be used to secure a loan. When you borrow money, you legally agree to repay the lender, usually with scheduled payments and interest. But the lender is taking a risk that you won't pay them back.
When you put up collateral, the lender can legally take that asset if you don't pay back the debt. Real estate, vehicles, equipment and investment accounts are common examples of loan collateral.
What Is the Collateral Assignment of Life Insurance?
In a collateral assignment of life insurance, you use a life insurance policy to secure a loan. You first set up coverage as usual by applying for and buying some type of life insurance policy with a death benefit. If you already have a policy, you could use that too.
Then you fill out a collateral assignment form with the lender. This gives them the right to use the life insurance benefits to pay themselves back if you don't pay off their loan. This could happen if you default or if you happen to die before paying off the debt. With this assignment, you've agreed to use the life insurance death benefit to pay off the remaining loan balance first.
You'll still select a primary beneficiary , the person or entity you want to receive the insurance payout. But with a collateral assignment, if you die without paying off the loan, the life insurance death benefit pays off the debt first. Only if there's any remaining benefit amount does it go to your listed beneficiary. Once you pay off the debt, the assignment ends, and the life insurance would pay your beneficiary in full as usual.
Can You Use Any Type of Life Insurance?
It depends on what the lender is willing to accept. In theory, you could use any type of life insurance for this arrangement. However, some lenders may only accept permanent coverage, such as whole life or universal life . The reason is that permanent coverage doesn't expire as long as you or the lender make the premium payments. As a result, the lender can make sure they eventually collect the death benefit by making the premium payments themselves (they would add this cost to your outstanding debt). Another reason lenders may prefer permanent life insurance is because it can build cash value, a reserve of money while you're alive. This is another valuable asset the lender could take as repayment.
On the other hand, term life insurance has a set expiration date. If you outlive the term, the coverage ends. While a lender could accept term life insurance as collateral, they take on the risk that you both fail to pay off the loan and outlive the term. In this case, the lender would lose their collateral and won't be certain to get their money back.
What Are Some Examples Using Life Insurance as Collateral?
Hypothetical scenarios may help better illustrate how life insurance can be used as collateral. Here are two examples to consider:
- Steve wants to take out a 15-year mortgage for $500,000. He currently does not have any life insurance. He agrees to buy a 15-year term policy with a death benefit of $500,000 to use as a collateral assignment until he pays off the mortgage. He lists his daughter as the primary beneficiary. Ten years later, he passes away with $150,000 left on his mortgage. The term life insurance will first pay $150,000 to the lender to cover the outstanding debt. The remaining $350,000 will then go to his daughter.
- Kristi wants to take out a $100,000 personal loan to help start a business. She already owns a $300,000 whole life policy with $25,000 in cash value. She puts this policy up as collateral. Unfortunately, Kristi's business does not succeed, and she is unable to pay back any of the loan. The lender takes over the policy through the collateral assignment. They first take the $25,000 of cash value for repayment. Once Kristi passes away, the lender would use the death benefit to cover the remaining debt. Anything left would go to whoever Kristi listed as the beneficiary.
How Do You Set Up a Collateral Assignment?
While the exact process for setting up this arrangement will depend on your lender and insurer, there are a few common steps. Here are five actions you could take:
1. Review Your Lender's Requirements
You can ask your lender whether they allow a collateral assignment of life insurance. If so, check what they require for this arrangement. For example, do they allow all types of life insurance policies or only certain ones, like whole life ? If you have an existing policy, would they accept it for the assignment? Or would you need to buy a new policy for this arrangement?
2. Set Up Your Life Insurance Coverage
If you already have life insurance and your insurer is willing to accept it, you could use it for the collateral assignment. If you don't have life insurance or your death benefit isn't large enough, you would need to purchase another policy. Be sure to ask your lender whether they only work with certain life insurance companies.
3. Fill Out the Collateral Assignment Forms
Contact your life insurance company for a collateral assignment form. This form lists information about your loan, such as the amount, the repayment schedule and the lender. Once you and your lender sign this form, your insurer can officially add the lender as the collateral assignee for your policy.
4. Finish Setting Up Your Loan
With your collateral assignment in place, you and the lender would then complete the loan application process. Once you get approved, they would send you the loan funds, secured using your life insurance.
5. Pay Off the Loan to End the Collateral Assignment
You would pay off your debt according to the lenders' payment schedule. Once you've made the final payment, you would contact your life insurance company to let them know. They would confirm with your lender and then end the collateral assignment. From that point on, the death benefit would go to your primary beneficiary, not to the lender.
What Are the Benefits of an Assignment?
- It can help your chances of qualifying for a loan. You aren't guaranteed to qualify for a loan. Having life insurance as collateral could make the difference for your approval. Collateral can make up for other issues, such as having a low credit score or small down payment.
- It can reduce your loan interest rate. When you put up collateral, you reduce the financial risk for the lender. This ensures they have another way to get their money back if you miss the loan payments. In exchange, they may offer you a lower interest rate. The numbers could potentially work out where the amount you save in interest is enough to cover your life insurance premiums or more.
- It can help protect your other assets. You could put up other assets for collateral, such as your home or car. But if you miss payments, the lender could take this property from you. While the same is true for life insurance, you might prefer this approach versus risking your home or your vehicle.
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What Are the Possible Drawbacks?
- It reduces your life insurance benefits. When you have a collateral assignment of life insurance, the lender gets the first priority of collecting it. If your policy has cash value, the agreement might restrict your ability to take it out until you've paid off the debt. If you die without paying off your debt, the death benefit will first go to paying it off. Only if there's any benefit remaining will it go to your beneficiaries.
- It creates an extra insurance cost. To meet your collateral assignment agreement, you must have life insurance. The life insurance company will charge premiums. This is another cost on top of your loan payments.
- There is no guarantee of qualifying for life insurance. If you don't already have life insurance, you can try buying a policy for this arrangement. However, you are not guaranteed to qualify. You would need to undergo health underwriting and meet the provider's requirements. If you have health issues, it could drive up the insurance cost and make a collateral assignment not worth it. You could even be denied life insurance.
What Common Mistakes Should be Avoided When Assigning Collateral?
- Not checking with the lender's requirements first. Your lender might only accept certain types of life insurance policies or ones from specific companies. If you don't check before signing up, you might purchase a policy that the lender won't accept. Then you'd need to start the insurance application process over again before you can take out your loan.
- Naming the lender as the beneficiary. If you name the lender as your primary beneficiary, the lender is legally entitled to the full amount of your life insurance death benefit when you die. This is true even if the death benefit is larger than your unpaid loan balance. Make sure to go through the proper collateral assignment process so your life insurance only pays off your debt and nothing more. That way, any remaining benefit goes to whoever you've chosen as your beneficiary.
- Canceling your life insurance before paying off the debt. Your collateral assignment agreement requires you to keep your life insurance in place during the entire life of the loan. If you cancel the policy before then, the lender could increase your interest rate. They could also demand repayment of the entire loan at that moment since you breached the contract.
- Not having enough coverage for beneficiaries. A collateral assignment reduces the life insurance death benefit for your other beneficiaries, such as your spouse and children. Before using this agreement, make sure you have enough in either life insurance coverage or other assets to cover your final expenses and provide for family members depending on your income.
What Alternatives Could You Use for Your Loan?
- Use life insurance cash value. If your life insurance has cash value, would it be enough to cover your current financial needs? If so, you could withdraw the life insurance cash value. You could also borrow the money through a loan and then pay it back into your policy to use again in the future. However, both approaches will reduce the size of the death benefit for your beneficiary. You would also owe interest on a loan. If your withdrawal is more than what you paid in premiums, you'd owe income tax for taking out the gains. Compare these costs versus owing interest to a lender.
- Take out an unsecured loan. You could also see how much it would cost to borrow without putting up collateral. Just keep in mind the loan interest rate would be higher. You can then compare how much extra you would owe in interest versus the cost of paying life insurance. In some cases, it may be less expensive to borrow through an unsecured loan, especially if you don't need life insurance for other reasons.
- Use other assets. If you own a house, car or an investment account, you could put those up for collateral instead of life insurance. If you've paid off some of your mortgage, you could also borrow using a home equity line of credit. The drawback is that if you miss loan payments, you risk losing your home, car or any other asset you put up for collateral.
- Find a co-signer. If you are having trouble qualifying for a loan on your own, a co-signer could potentially help. This other person agrees to pay off the loan if you miss payments. This makes it safer for the lender. However, if you miss payments, you could hurt the credit score of the other person. They legally need to pay off the debt too.
Should You Consider a Collateral Assignment of Life Insurance?
A collateral assignment of life insurance can make sense if you already have life insurance or you are healthy enough to qualify for a new policy. It also could be worth using if you have addressed your life insurance needs already. Lastly, this arrangement can make sense if you don't want to risk your other assets or if you don't have any other assets for collateral.
If you don't have life insurance and don't think you could qualify for a new, affordable policy because of health issues, this approach might not be an option. If you have life insurance but don't want to risk not having enough coverage for your beneficiaries, this approach also might not be worth it.
To decide if this approach may be right for you, consider speaking with a financial professional . They can compare your other borrowing options and offer guidance based on your specific needs. If a collateral assignment is the best move, they can also help you with your insurance application.
Evaluate if using life insurance as collateral aligns with your financial goals. Get a Life Insurance Quote
- Withdrawals may be subject to charges, withdrawals of taxable amounts are subject to ordinary income tax, and, if taken before age 59½, may be subject to a 10% IRS penalty.
- Interest is charged on loans, they may generate an income tax liability, reduce the Account Value and the Death Benefit, and may cause the policy to lapse
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Table of contents
What is collateral assignment of life insurance?
Why use life insurance as collateral.
- What life insurance can I use as collateral?
- Taking out a loan with a collateral assignment
Alternatives to life insurance as collateral
Frequently asked questions.
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.
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).
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Whole life insurance combines life insurance with an investment component.
- Coverage for life
- Tax-deferred savings benefit if premiums are paid
- 3 variations of permanent insurance: whole life, universal life and variable life include investment component
Term life insurance is precisely what the name implies: an insurance policy that is good for a specific term of time.
- Fixed premium over term
- No savings benefits
- Outliving policy or policy cancellation results in no money back
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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.
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.
What is the best life insurance company?
What type of loans are collateral assignments usually associated with, what are other common forms of collateral, what are the two types of life insurance assignments.
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What is collateral assignment of life insurance?
Life insurance can act as collateral for you to secure a loan. With a collateral assignment, the payout from your insurance goes to pay your loan balance first, and your loved ones will get to keep any remaining money.
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Updated January 3, 2024 | 4 min read
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Collateral assignment of life insurance is an arrangement where you agree to give a lender the first claim to the payout from your life insurance policy. This allows your life insurance to serve as the collateral that many loans — especially small business loans or Small Business Administration (SBA) loans — require before they can lend you money you need.
In other words, the money from your life insurance payout helps the lender feel confident that they can collect the balance on your loan, even if you die while you’re still making payments. After the loan is paid off, anything left over will go to your loved ones.
How does a collateral assignment work?
Collateral assignment is an additional agreement to your life insurance policy that gives a lender first claim to your life insurance payout, but lets you name beneficiaries who can claim any money left over after the loan is paid. This is different from credit life insurance , which forces you to name your lender as the sole beneficiary of your policy. You can use either a term life or a permanent life insurance policy for collateral assignment.
If you already have a life insurance policy, and the death benefit is worth more than the loan you want to get, you may be able to use it as collateral. In other cases, loan companies that take life insurance as collateral may require you to buy a new policy that covers at least the full amount due.
Either way, the process of getting a policy is the same. You’ll go through the application and underwriting process, and wait to receive your offer. Then, you’ll complete paperwork to set up a collateral assignment.
Once you’ve paid off the loan, you’ll get a written release from the lender. The collateral assignment condition on your policy ends, but you can keep the policy active if you choose.
Learn more about how life insurance underwriting works
How do you apply for collateral assignment of life insurance?
There are a few simple steps to follow if you want to use life insurance as collateral for a loan.
Find a lender willing to use life insurance as collateral for the money you want to borrow.
Confirm the lender’s requirement and see if you can use any existing life insurance to meet it.
If that’s not an option, purchase a new life insurance policy.
Once your policy is active, ask the insurer for a collateral assignment form.
Complete the form and list your lender as the assignee.
Who should you name as your beneficiary?
When buying life insurance for collateral assignment, the process for setting up the policy is just like any other policy.
You’ll name your beneficiaries as you would for a personal policy (e.g., spouse, relative, or trust for children).
The lender is not your beneficiary; they are the assignee on the collateral assignment paperwork. You are the assignor .
Once your policy is set up, a collateral assignment will supersede your beneficiaries’ right to the death benefit.
If you die, the life insurance company pays the lender, or assignee, the loan balance. Any remaining benefit will go to your beneficiaries.
Who owns your life insurance policy?
Usually, the insured person is the policyowner and the payor on a life insurance policy. Some lenders may require an escrow account for the life insurance premiums; others may require proof of payment or prepayment.
If you’re using a permanent life insurance policy for the collateral assignment, a lender may have access to the cash value if you default on the loan.
Learn more about cash value life insurance
When should you fill out collateral assignment paperwork?
You only complete a collateral assignment agreement once a life insurance policy is active. After you pay your first premium , and sign your policy papers, you can request a collateral assignment form from the life insurance company or your insurance broker.
You’ll need your loan officer’s name and number for the form, as well as your policy number, Social Security number, and other personal information.
Once completed and signed by both the assignee and the assignor, you’ll file the collateral assignment form with the life insurance company and the lender according to whichever procedures they use for this process.
When does your collateral assignment end?
Collateral assignment ends only if:
You pay off your loan, or
You pass away.
Your lender must agree that the terms of your loan have been met and send a release to your insurer to terminate the agreement.
If your policy lapses — or you choose to cancel it — that could violate your loan contract. The lender may even make payments on your behalf to prevent a policy lapse. In that scenario, the lender adds the amount they pay to your loan total.
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Collateral assignment pros & cons
Collateral assignment of life insurance has clear pros and cons. Review the following list carefully to decide if it’s a good option for you.
A collateral assignment enables you to secure business loans or other needed funds.
It’s less risky for a family than using a home or other essential property as collateral.
You can choose beneficiaries to receive any remaining death benefit funds.
The lender has first right to the death benefit, so your family may not get the benefit you intended.
Lapsing or canceling the policy could violate your business loan terms, causing problems with the lender.
You’re responsible for making payments until you die or the loan is paid off.
Alternatives to collateral assignment
Other ways to use a life insurance policy for debt repayment include the following options.
Life insurance loan: If you own a permanent life insurance policy, a life insurance loan allows you to borrow directly from your policy’s cash value. Any unpaid balance, plus interest, is deducted from your death benefit.
Cash surrender: The cash surrender value is the cash value built up in the policy minus administrative fees. Surrendering your policy cancels your coverage, so you’d need another policy for continued financial protection. You could also face penalties if you cancel during your policy’s surrender period.
Term life insurance: You should always buy enough insurance to cover your debts . On average, term life is much cheaper than whole life. Even if your lender doesn’t require collateral, your beneficiaries can use the death benefit to pay off your debts and keep the remainder.
For most people, term life is the most affordable and straightforward option to provide coverage for any outstanding loans when they die, with or without a collateral assignment attached.
If you need to use your life insurance policy for collateral assignment, the process is as simple as buying a policy and filling out the appropriate paperwork. Work with a licensed agent who can help you determine how much coverage you need and help you set up a collateral assignment.
Tory Crowley
Associate Editor & Licensed Life Insurance Agent
Tory Crowley is an associate life insurance and annuities editor and a licensed insurance agent at Policygenius. Previously, she worked directly with clients at Policygenius, advising nearly 3,000 of them on life insurance options. She has also worked at the Daily News and various nonprofit organizations.
Nupur Gambhir
Senior Editor & Licensed Life Insurance Expert
Nupur Gambhir is a licensed life, health, and disability insurance expert and a former senior editor at Policygenius. Her insurance expertise has been featured in Bloomberg News, Forbes Advisor, CNET, Fortune, Slate, Real Simple, Lifehacker, The Financial Gym, and the end-of-life planning service Cake.
Antonio Ruiz-Camacho
Associate Content Director
Antonio is a former associate content director who helped lead our life insurance and annuities editorial team at Policygenius. Previously, he was a senior director of content at Bankrate and CreditCards.com, as well as a principal writer covering personal finance at CNET.
Expert reviewer
Maria Filindras
Financial Advisor
Maria Filindras is a financial advisor, a licensed Life & Health insurance agent in California, and a member of the Financial Review Council at Policygenius.
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What Is Collateral Assignment of Life Insurance?
Collateral assignment of life insurance designates a lender as the assignee of a policy, granting them the right to part or all of the death benefit until the loan is repaid.
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Updated: October 3, 2024
- How It Works
- Overview of Application Process
Pros and Cons
- Impact on Beneficiaries
- Alternatives
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Collateral assignment of life insurance is an arrangement where a policyholder uses the face value of their life insurance policy, which can be a term or permanent life insurance policy, as collateral to secure a loan. If the policyholder dies before they pay off the loan, the lender is prioritized to receive a portion of the death benefit equivalent to the outstanding loan balance. The remaining benefit then goes to the policy's beneficiaries. This agreement ensures that life insurance collateral assignment acts as a safety net for both the lender and the beneficiaries.
- Collateral assignment involves using a life insurance policy as security for a loan, where the lender has a claim on the death benefit if the borrower defaults or passes away before repaying the loan.
- The lender receives priority over the death benefit, which means they are paid first from the policy's payout before any beneficiaries if the loan remains unpaid.
- Various life insurance policies, including term, whole and universal, can be used for collateral assignment, depending on the insurance company's policies and the policy's value.
- If a life insurance policy lapses or is canceled during a collateral assignment, it can breach the loan agreement, potentially resulting in immediate repayment demands.
How Collateral Assignment of Life Insurance Works
The collateral assignment allows you to use your life insurance policy as security for a loan. The process involves legally designating your policy as collateral, which means if you pass away before fully repaying the loan, the lender can claim the death benefit to cover the remaining balance. You start by choosing either a term policy or whole life insurance and then complete a collateral assignment agreement. This agreement is legally binding and sets the terms for the lender to access the death benefit .
For your beneficiaries, the assignment of your life insurance policy as collateral could reduce the death benefit they receive. If you die with an outstanding loan balance, the lender is paid first from the policy's proceeds. Any remaining amount goes to your beneficiaries only after the loan is settled.
For example, a policyholder with a $500,000 policy uses their life insurance as collateral for a $200,000 loan. If the policyholder dies before settling the loan, the lender will receive $200,000 from the policy's death benefit. Meanwhile, the remaining $300,000 gets disbursed to the policy's beneficiaries.
Roles of the Policyholder, Lender and Insurance Provider
Role of the Policyholder
- Ensure consistent premium payments to keep the policy active and in force.
- Inform the lender of any policy changes, such as lapses or surrenders.
- Understand that active management upholds the collateral agreement's integrity.
Role of the Lender
- Accept the life insurance policy as collateral.
- Right to recover owed amounts from the policy's death benefit if the policyholder dies before loan repayment.
- Priority claim on the death benefit, with remaining funds disbursed to beneficiaries.
- Responsible for releasing the assignment after full loan repayment.
Role of the Insurance Provider
- Approve or reject the collateral assignment of the policy.
- Evaluate and ensure compliance with policy terms.
- Officially record the assignment as part of the policy.
Applying for Collateral Assignment
Applying for collateral assignment is a process moderated by your life insurance company designed to secure loans using your life insurance policy as collateral. It involves a series of steps:
Obtain a Collateral Assignment Form
Request a collateral assignment form from your life insurance provider. This form is vital for designating the lender as a collateral beneficiary for the loan amount. Ensure you obtain the correct form, as forms vary based on policy type and insurer.
Fill Out the Form Correctly
Complete the form with accurate details, including policy number, loan amount and lender information. Pay close attention to all sections to avoid errors that could delay or invalidate the assignment. Incomplete or incorrect information can lead to processing delays or rejection.
Sign the Paperwork
Ensure both the policyholder and lender sign the form, confirming the agreement. This dual signature legally binds both parties to the terms of the collateral assignment. Any discrepancy in signatures may question the form's validity.
Submit the Completed Form
Submit the signed form back to the insurance company for processing. Consider using a traceable delivery method for submission to confirm receipt. Delays in submission can impact the timeline of the loan approval process.
Await Approval or Rejection From the Insurance Company
Wait for the insurer to review and approve or reject the collateral assignment. The insurer may request additional information or clarification, which can extend the approval timeline.
Receive a Letter of Acknowledgment
You and your lender will receive a letter of acknowledgment from the insurer if your collateral assignment application is approved.
Obtaining Required Documentation
The required documentation for collateral assignment of life insurance is straightforward. Typically, you'll need to provide two main types of documents for the assignment of a life insurance policy as collateral:
- Collateral Assignment Form: This form is critical because it officially transfers a portion of your life insurance policy benefits to the lender as collateral. It demonstrates to the lender that you have taken the steps to secure your loan against your life insurance policy.
- Original Life Insurance Policy and Proof of Loan: Lenders may require your original life insurance policy to ensure it is valid and enforceable. Proof of the loan agreement or obligation, such as a mortgage note or other loan document, is also commonly required. This establishes the legitimacy of your loan and substantiates the life insurance collateral assignment.
If you need more clarification about documentation requirements, contact your lender to confirm the necessary details to avoid process delays.
Pros and Cons of Collateral Assignment
Using life insurance as collateral can offer a range of benefits and potential drawbacks. Collateral assignment of a policy allows you to secure loans and is often safer than using physical assets as collateral. However, you should also note the inherent risks, primarily that the lender retains the first right to your policy’s death benefit upon your death.
- Lower interest rates on loans.
- Allows you to use the policy and not physical assets as collateral.
- The cash value of your insurance policy continues to grow.
- The lender has the first right to the death benefit.
- Failure to repay the loan can reduce or even eliminate the death benefit.
- Any lapse or cancellation of the policy may lead to violating the loan terms.
Impact of Collateral Assignment on Beneficiaries
While the collateral assignment of life insurance has its benefits, it’s important to remember that it can impact the amount your beneficiaries receive. If you pass away with an outstanding balance on your loan:
Your Lender Will Be Paid First
In the collateral assignment arrangement, the lender is designated as the collateral beneficiary holding the primary claim to the death benefit for the outstanding loan amount. This means if you pass away before fully repaying the loan, the lender is entitled to receive payment from the death benefit first. The amount collected by the lender is limited to the remaining loan balance.
Any Remaining Death Benefit Will Be Disbursed to Your Beneficiaries
After the lender's claim is satisfied, the remaining death benefit is disbursed to your policy’s designated beneficiaries. The amount they receive depends on the loan balance at the time of your death. If the loan balance is substantial, your beneficiaries will receive significantly less than the policy's total death benefit.
This structure underscores the importance of carefully considering life insurance collateral loans and their impact on future financial planning. Policyholders using life insurance as collateral need to understand the terms set forth by loan companies that accept it.
Alternatives to Collateral Assignment
Alternatives to collateral assignment include personal loans , home equity loans or surrendering the life insurance policy for its cash value. None of these options require using life insurance as collateral, and each offers different benefits and risks compared to using life insurance as collateral.
FAQ About Collateral Assignment
These questions cover various topics related to collateral assignments, including their requirements, implications for beneficiaries and what happens in different scenarios.
What is a collateral assignment?
A collateral assignment is a contractual arrangement in which a borrower uses their life insurance policy as collateral for a loan. This agreement grants the lender rights to the policy’s death benefit. The lender is prioritized over other beneficiaries until the loan is repaid in full.
What is considered the collateral on a life insurance policy loan?
In the context of a life insurance collateral assignment, the collateral is the policy's death benefit. This setup allows lenders to be listed as collateral beneficiaries, guaranteeing that they can recover the outstanding loan balance from the death benefit in the event of the borrower’s death before the debt is fully paid.
How is a collateral assignment used in a life insurance contract?
In a life insurance contract, a collateral assignment allocates the policy's death benefit as security for a loan. This means that if the borrower dies before repaying the loan, the lender, as the collateral assignee of the life insurance, can claim the owed amount from the death benefit. The remaining balance, if any, goes to the designated beneficiaries, ensuring the loan is covered without affecting other assets.
How does collateral assignment differ from naming a beneficiary?
Collateral assignment allows a lender to claim the life insurance death benefit for an outstanding loan amount while naming a life insurance beneficiary designated who receives the death benefit. The lender's claim is prioritized over the beneficiaries' in collateral assignment.
Can any type of life insurance policy be used for collateral assignment?
Most types of life insurance policies , including term, whole and universal life, can be used for collateral assignment, provided the insurance company allows it and the policy has sufficient value.
Can the policyholder still change beneficiaries after a collateral assignment?
Yes, the policyholder can change beneficiaries after a collateral assignment, but the lender's right to the death benefit amount remains until the loan is repaid. This ensures the lender's position as a collateral beneficiary.
What happens if you cancel your life insurance before paying off the debt collateralized with your policy?
Canceling your life insurance policy before repaying the debt can lead to a breach of the collateral assignment loan agreement. This action may prompt the lender to increase your interest rate or demand immediate repayment of the outstanding loan balance.
These related sections offer additional insights into concepts and alternatives connected to collateral assignments and life insurance:
Using Collateral for a Personal Loan — This link explains how to use various types of collateral for securing a personal loan, providing a broader context to the specific use of life insurance as collateral.
Term vs. Permanent Life Insurance — This resource compares term and permanent life insurance, helping to understand which policies can be used for collateral assignments.
Permanent Life Insurance — This page details permanent life insurance, a type commonly used in collateral assignments due to its cash value component.
Life Insurance Calculator — This page helps you calculate the appropriate amount of life insurance coverage needed, which is crucial when considering using a policy for collateral.
About Nathan Paulus
Nathan Paulus is the Head of Content Marketing at MoneyGeek, with nearly 10 years of experience researching and creating content related to personal finance and financial literacy.
Paulus has a bachelor's degree in English from the University of St. Thomas, Houston. He enjoys helping people from all walks of life build stronger financial foundations.
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Collateral Assignment of Life Insurance: Everything You Need to Know
- August 8, 2023
Written by:
Bella Gonzalez
Reviewed by:.
Jake Tamarkin, MBA
Jake is a nationally-licensed insurance agent with a Masters in Business Administration and CEO of Everyday Life. His expertise has been featured in: Investopedia, Life Insurers Council, Insurance Thought Leadership, Life-Annuity Agent, and Insurtech Insights.
Life insurance isn’t just about peace of mind for the future; it can also serve as a lifesaver when you’re looking for ways to secure a loan. This clever maneuver is known as a collateral assignment of life insurance. It’s a deal between you and your lender where your life insurance policy, specifically the cash value component, is used as collateral for a loan.
When assigning your life insurance policy as collateral for a loan, the lender will become a temporary beneficiary of your policy. If the assigner dies before repaying the loan, the lender can claim the death benefit up to the outstanding loan balance. If the policyholder defaults, the cash value of the policy will be collected.
Who can benefit from the collateral assignment of life insurance?
If you need to secure a loan but don’t have typical assets like a house or significant savings, collateral assignment of life insurance could be your ticket. It’s great for small business owners, entrepreneurs, and folks with sizable insurance policies but limited liquid assets.
To use a life insurance policy as collateral, the policy term should be at least as long as the loan duration and should possess a cash value component equal to the loan amount.
What types of life insurance can be used as collateral?
To make this work, you’ll need a permanent life insurance policy that has a cash value component. This includes options like whole life, universal life, and variable life insurance. Unfortunately, term life insurance doesn’t quite make the cut, as it lacks a cash value.
How to use life insurance as collateral for a loan?
1. Ensure the lender accepts life insurance as collateral.
2. Apply for the collateral assignment through the bank or directly with the insurer.
3. Fill out an “assignment of Life Insurance Policy as Collateral form” provided by your insurer.
4. Submit the form to the insurer, and wait for approval.
5. Once the collateral assignment is approved, notify your bank or lender.
6. Bank or lender will set the loan terms such as the interest rate, payment terms, and other obligations.
Is life insurance as collateral widely accepted? Do all banks accept it?
Typically, permanent life insurance policies such as whole life and universal life, which have a cash value component, can be used as collateral. Lenders such as banks want security, and the cash value component of a whole life insurance policy provides this. This cash value grows over time and can be used if the borrower defaults on the loan, which decreases the risk for the lender.
How is the loan amount determined when using life insurance as collateral?
The borrowing capacity is determined as a proportion of the cash value, varying across different insurance companies. Typically, the permissible borrowing range hovers around 90% to 95%. Applying these percentages to a cash value of $50,000, one could potentially secure a loan amounting to $45,000 to $47,500.
What happens when you are unable to pay back the life insurance loan?
The cash value of your policy will be collected by the lender. If this is insufficient, the amount you owe is deducted from the death benefit when you pass away. In some instances, you might also incur a substantial tax bill.
Is the collateral assignment of the life insurance agreement permanent?
No, the collateral assignment of the life insurance agreement is not permanent. It’s tied to the lifespan of the loan. Once the loan is fully repaid, the assignment can be released, and the life insurance policy returns to its original beneficiary arrangement.
What are the tax implications of using life insurance as collateral for a loan?
If the amount you borrow directly from the insurance company is equal to or less than the total insurance premiums you have paid, it is not subject to taxation. However, If you surrender your policy, or allow it to lapse, and the total amount of outstanding loans and interest surpasses what you have paid in premiums, there is a possibility of incurring a tax liability. In essence, you would be required to pay income tax on any investment earnings in that scenario.
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At Everyday Life Insurance , we specialize in finding the perfect policy to match your unique circumstances. Whether you’re a small business owner looking to back your loan or a stay-at-home mom working to provide for her family, we’re here to help. Use our online life insurance calculator to find the best plan for your finances, in just 15 minutes.
Disclaimer : The comments, opinions, and analyses expressed at Everyday Life are for informational purposes only and should not be considered individual investment, legal or tax advice.
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What Is Collateral Assignment (of a Life Insurance Policy)?
Meredith Mangan is a senior editor for The Balance, focusing on insurance product reviews. She brings to the job 15 years of experience in finance, media, and financial markets. Prior to her editing career, Meredith was a licensed financial advisor and a licensed insurance agent in accident and health, variable, and life contracts. Meredith also spent five years as the managing editor for Money Crashers.
Definition and Examples of Collateral Assignment
How collateral assignment works, alternatives to collateral assignment.
Kilito Chan / Getty Images
If you assign your life insurance contract as collateral for a loan, you give the lender the right to collect from the policy’s cash value or death benefit in two circumstances. One is if you stop making payments; the other is if you die before the loan is repaid. Securing a loan with life insurance reduces the lender’s risk, which improves your chances of qualifying for the loan.
Before moving forward with a collateral assignment, learn how the process works, how it impacts your policy, and possible alternatives.
Collateral assignment is the practice of using a life insurance policy as collateral for a loan . Collateral is any asset that your lender can take if you default on the loan.
For example, you might apply for a $25,000 loan to start a business. But your lender is unwilling to approve the loan without sufficient collateral. If you have a permanent life insurance policy with a cash value of $40,000 and a death benefit of $300,000, you could use that life insurance policy to collateralize the loan. Via collateral assignment of your policy, you authorize the insurance company to give the lender the amount you owe if you’re unable to keep up with payments (or if you die before repaying the loan).
Lenders have two ways to collect under a collateral assignment arrangement:
- If you die, the lender gets a portion of the death benefit—up to your remaining loan balance.
- With permanent insurance policies, the lender can surrender your life insurance policy in order to access the cash value if you stop making payments.
Lenders are only entitled to the amount you owe, and are not generally named as beneficiaries on the policy. If your cash value or the death benefit exceeds your outstanding loan balance, the remaining money belongs to you or your beneficiaries.
Whenever lenders approve a loan, they can’t be certain that you’ll repay. Your credit history is an indicator, but sometimes lenders want additional security. Plus, surprises happen, and even those with the strongest credit profiles can die unexpectedly.
Assigning a life insurance policy as collateral gives lenders yet another way to secure their interests and can make approval easier for borrowers.
Types of Life Insurance Collateral
Life insurance falls into two broad categories: permanent insurance and term insurance . You can use both types of insurance for a collateral assignment, but lenders may prefer that you use permanent insurance.
- Permanent insurance : Permanent insurance, such as universal and whole life insurance, is lifelong insurance coverage that contains a cash value. If you default on the loan, lenders can surrender your policy and use that cash value to pay down the balance. If you die, the lender has a right to the death benefit, up to the amount you still owe.
- Term insurance : Term insurance provides a death benefit, but coverage is limited to a certain number of years (20 or 30, for example). Since there’s no cash value in these policies, they only protect your lender if you die before the debt is repaid. The duration of a term policy used as collateral needs to be at least as long as your loan term.
A Note on Annuities
You may also be able to use an annuity as collateral for a bank loan. The process is similar to using a life insurance policy, but there is one key difference to be aware of. Any amount assigned as collateral in an annuity is treated as a distribution for tax purposes. In other words, the amount assigned will be taxed as income up to the amount of any gain in the contract, and may be subject to an additional 10% tax if you’re under 59 ½.
A collateral assignment is similar to a lien on your home . Somebody else has a financial interest in your property, but you keep ownership of it.
The Process
To use life insurance as collateral, the lender must be willing to accept a collateral assignment. When that’s the case, the policy owner, or “assignor,” submits a form to the insurance company to establish the arrangement. That form includes information about the lender, or “assignee,” and details about the lender’s and borrower’s rights.
Policy owners generally have control over policies. They may cancel or surrender coverage, change beneficiaries, or assign the contract as collateral. But if the policy has an irrevocable beneficiary, that beneficiary will need to approve any collateral assignment.
State laws typically require you to notify the insurer that you intend to pledge your insurance policy as collateral, and you must do so in writing. In practice, most insurers have specific forms that detail the terms of your assignment.
Some lenders might require you to get a new policy to secure a loan, but others allow you to add a collateral assignment to an existing policy. After submitting your form, it can take 24 to 48 hours for the assignment to go into effect.
Lenders Get Paid First
If you die and the policy pays a death benefit , the lender receives the amount you owe first. Your beneficiaries get any remaining funds once the lender is paid. In other words, your lender takes priority over your beneficiaries when you use this strategy. Be sure to consider the impact on your beneficiaries before you complete a collateral assignment.
After you repay your loan, your lender does not have any right to your life insurance policy, and you can request that the lender release the assignment. Your life insurance company should have a form for that. However, if a lender pays premiums to keep your policy in force, the lender may add those premium payments (plus interest) to your total debt—and collect that extra money.
There may be several other ways for you to get approved for a loan—with or without life insurance:
- Surrender a policy : If you have a cash value life insurance policy that you no longer need, you could potentially surrender the policy and use the cash value. Doing so might prevent the need to borrow, or you might borrow substantially less. However, surrendering a policy ends your coverage, meaning your beneficiaries will not get a death benefit. Also, you’ll likely owe taxes on any gains.
- Borrow from your policy : You may be able to borrow against the cash value in your permanent life insurance policy to get the funds you need. This approach could eliminate the need to work with a traditional lender, and creditworthiness would not be an issue. But borrowing can be risky, as any unpaid loan balance reduces the amount your beneficiaries receive. Plus, over time, deductions for the cost of insurance and compounding loan interest may negate your cash value and the policy could lapse, so it’s critical to monitor.
- Consider other solutions : You may have other options unrelated to a life insurance policy. For example, you could use the equity in your home as collateral for a loan, but you could lose your home in foreclosure if you can’t make the payments. A co-signer could also help you qualify, although the co-signer takes a significant risk by guaranteeing your loan.
Key Takeaways
- Life insurance can help you get approved for a loan when you use a collateral assignment.
- If you die, your lender receives the amount you owe, and your beneficiaries get any remaining death benefit.
- With permanent insurance, your lender can cash out your policy to pay down your loan balance.
- An annuity can be used as collateral for a loan but may not be a good idea because of tax consequences.
- Other strategies can help you get approved without putting your life insurance coverage at risk.
NYSBA. " Life Insurance and Annuity Contracts Within and Without Tax Qualified Retirement Plans and Life Insurance Trusts ." Accessed April 12, 2021.
IRS. " Publication 575 (2020), Pension and Annuity Income ." Accessed April 12, 2021.
Practical Law. " Security Interests: Life Insurance Policies ." Accessed April 12, 2021.
Related Articles
What is collateral assignment of life insurance?
Collateral assignment of life insurance is a method of providing a lender with collateral when you apply for a loan. In this case, the collateral is your life insurance policy's face value , which could be used to pay back the amount you owe in case you die while in debt. Collateral assignment of life insurance is a common requirement for business loans, and lenders may require you to get a life insurance policy to be used for collateral assignment.
Explore Progressive's editorial standards for Answers articles to find out why you can trust the insurance information you find here.
How does collateral assignment of life insurance work?
If you die before fully repaying your loan, collateral assignment will allow the lender, or "assignee," to be repaid for the outstanding loan amount using your death benefit. If you pay back your loan fully before passing away, or if only a portion of your death benefit is needed to pay off your loan, your beneficiaries can still file a claim for the policy's death benefit .
Example: You apply for a $60,000 secured loan. You need to provide your lender with an asset worth at least that amount, so you list your lender as the collateral assignee on your $500,000 whole life policy. If you were to pass away during the loan's term, then your lender would be entitled to a portion of your death benefit (enough to pay off your outstanding loan balance). The rest of your death benefit would be distributed to your beneficiaries.
What types of life insurance are eligible for collateral assignment?
Both term and permanent life insurance policies may be used as collateral, though some lenders may not accept term life policies since they don't have cash value. Using a cash value life insurance policy as collateral allows your lender to access the cash value, which providers an additional safeguard in case you default on your loan.
Additionally, some types of permanent life insurance may not be accepted by your lender, such as final expense insurance. Since these types of policies tend to have lower coverage amounts, it's possible your policy may not be worth enough to secure a loan (depending on how much you're trying to borrow).
What steps are required to apply for collateral assignment of life insurance?
Depending on your lender and the loan type and amount you're applying for, collateral assignment of your existing life insurance or a new life insurance policy may be required. Collateral assignment requirements are particularly common with business loans. Here's how to apply for collateral assignment of life insurance:
Understand the requirements
Find out if your lender will accept collateral assignment of an existing permanent or term life insurance policy. If so, confirm that your current policy's death benefit amount is sufficient collateral for the loan. If the lender requires that you get a new life insurance policy for the collateral assignment, you may need to shop around for life insurance with a death benefit amount that's sufficient loan collateral.
Apply for life insurance
If you're buying a new life insurance policy , you'll apply with the insurer. Once you're approved, double-check with your lender that the policy you've qualified for meets their loan requirements.
Complete the collateral assignment form
Once your first life insurance premium is paid, you can proceed with completing a collateral assignment form via your insurer. On the form, you'll need to provide your lender's contact information so they can be added as the death benefit collateral assignee until your loan is repaid. The form also requires signatures from both the assignor (you) and assignee (your lender).
Proceed with your loan application
Once your bank can confirm they're the collateral assignee for your life insurance policy, you can proceed with your loan application.
Don't cancel your life insurance policy during the course of your loan and make your insurance payments on time to avoid a life insurance policy lapse ; otherwise, you could violate your loan contract. Your lender may then have the right to raise your loan's interest rate or demand full repayment of your outstanding loan balance.
Will collateral assignment affect my beneficiaries?
With collateral assignment, you should still name beneficiaries as usual, but the total death benefit available to them will depend on when you pay off your loan. If you pay it off before you pass away, your death benefit won't be affected. However, if you pass away before paying off your loan, the total death benefit your beneficiaries can file a claim for will be reduced by the amount needed to fully pay back your lender.
Your lender will be an assignee rather than a beneficiary, and the assignee can only claim up to the amount required to settle your loan. Any amount remaining may be claimed by your beneficiaries, so be sure to update your beneficiaries as needed while your policy is active.
When does collateral assignment of life insurance make sense to do?
Collateral assignment of your life insurance policy may make sense if you're shopping for a secured loan and don't want to put up your house, car, or other personal property as collateral. Secured loans tend to have lower interest rates than unsecured loans (loans that don't include collateral), so you can borrow money for less. It can be an easier way to secure funding to start a business or pay for major expenses (such as hospital bills).
Other ways life insurance can help you with a loan
Collateral assignment might not be the only way to qualify for the loan you need. If you have a whole life or universal life policy, consider how much cash value it currently has. Instead of borrowing from a lender, you may be able to borrow from your policy's cash value via a life insurance loan . Note that there will be limits to how much you can borrow without putting your coverage in jeopardy, and any part of the loan not repaid by the time you pass away may be deducted from your death benefit.
You can also choose to cash out your life insurance policy. This would end your coverage, and taxes and fees will apply, but you could use the policy's value to eliminate your need for a loan or reduce the amount you need to borrow. Consult with a financial advisor to understand the implications of your particular situation.
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Understanding Life Insurance Assignments: Your Complete Guide
A life insurance assignment allows you to transfer the rights of your policy, either temporarily or permanently.
Learn how collateral and absolute assignments can be used for loan collateral, estate planning, and other financial purposes.
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What is a collateral assignment.
Collateral assignments are used to secure a lender’s financial interest in your policy in exchange for lending you money.
If you die, the collateral assignment allows the lender to collect your policy’s death benefit up to the amount of the outstanding loan balance.
How Do Collateral Assignments Work?
A typical scenario involves taking out a business loan .
The lender may require a life insurance policy as collateral.
The type of life insurance policy used, whether a term, whole life, or universal life doesn’t matter.
The insurance policy will pay off the balance if you die while the loan is outstanding.
One of the most common uses for collateral assignments is with SBA loans , especially if you do not have other assets to post as collateral.
The collateral assignment applies to the entire policy, including any life insurance rider benefits that may be included.
The Collateral Assignment Process: A Step-by-Step Guide
The process is similar whether you are adding the assignment to an existing policy or buying new coverage.
There are two parties to a collateral assignment.
- Assignor – Is the owner of the life insurance policy
- Assignee – Is the lender
Life insurance companies have standardized forms used for this purpose.
- The owner completes the form and sends it to the lender for review and signature.
- Once completed by the lender, the form is sent to the insurance company.
- The insurance company records the assignment and confirms to the owner and lender that it is complete.
This may all seem confusing if you haven’t used an assignment before, but the reality is that most life insurers make it pretty easy to complete.
Releasing a Collateral Assignment
When you pay off your loan, you have the right to have the collateral assignment released.
It’s a simple process :
- The policy owner completes the form and sends it to the lender.
- The lender signs off on the release. Many companies require a notary as a witness. The lender may return the form to the owner or the insurance company.
- Once completed and returned to the insurance company, the release is recorded, and all parties are notified.
Companies typically complete this process in about a week, and it’s a good idea to confirm everything with the home office to avoid potential issues.
Your agent can help with this.
What Happens to a Collateral Assignment if You Die?
How do collateral assignments work when you die?
Your beneficiary will file a death claim with the life insurer at some point.
Collateral Assignment Tip # 1
If your beneficiary is a loved one, it’s a good idea to let them know that your policy has a collateral assignment so they are not surprised when they file the claim.
Here’s an example of how a death claim with a collateral assignment works:
- Policy Face Amount = $5,000,000
- Beneficiary = Your Spouse
- Original Bank Loan = $200,000
- Outstanding Loan Balance at Death = $100,000
What happens next?
- Your beneficiary will file the death claim with the life insurance company.
- The life insurance company will review the claim and see a collateral assignment attached to your policy.
- The life insurer contacts the lender for an updated payoff figure.
- Payoff amounts are sent directly to the lender.
- Your beneficiary receives the balance of the policy death benefit .
For the above example, your lender would receive $100,000, and your beneficiary would receive the remaining $4,900,000.
Collateral Assignment Tip # 2
NEVER name your lender directly as a beneficiary. If you do, the lender will receive the entire death benefit, and your intended beneficiary will have to go through the lender to receive their share.
Collateral Assignments and Health Issues
While lenders may want a life insurance policy as collateral, obtaining life insurance can sometimes be difficult if the insured has substantial health issues .
If you have an existing life insurance policy in effect, you can use that for the assignment.
Another option that exists in some states is contingent coverage.
Contingent coverage is a one-year policy that you can renew.
The policy will exclude death from the known health issue but provide coverage for new health issues that develop or from accidental deaths .
Many lenders accept this coverage when it’s the only option available. And we’ve also seen lenders waive the collateral assignment requirement at times.
What is an Absolute Assignment?
An absolute assignment is a change of ownership of the policy.
When you want to permanently relinquish your rights to the life insurance policy, an absolute assignment is used.
Examples where absolute assignments are used include:
Life Insurance Settlements
1035 exchange, gifting life insurance to charities, irrevocable life insurance trusts (ilit), business insurance planning.
With this transaction, you are selling your life insurance policy to a third party.
If it is a term policy, you would convert a term policy to permanent insurance before it is sold. In some cases, a company will buy the term policy.
Another example may involve admitting seniors to a nursing home, where the nursing home may take over the policy you have.
A 1035 exchange is a tax-free transfer of cash value from universal life or whole life policy to another similar policy.
You can use absolute assignments to transfer your policy to your favorite charity.
You use absolute assignments to transfer your policy to an ILIT permanently.
An example would be a survivorship policy you and your spouse own that you are transferring to the trust.
Many other potential issues may arise with transfers to an ILIT that are beyond the scope of this article.
If you purchase key person life insurance on an employee, absolute assignments transfer ownership to the employee.
Many times, this happens if the employee leaves the company or retires.
You may have a policy permanently assigned to a nursing home or assisted living facility to help with long-term care expenses.
How Do Absolute Assignments Work?
Life insurance companies have forms used for Absolute Assignments.
Absolute assignment forms require:
- Current owner name, address, and tax ID information.
- New owner name, address, and tax ID information.
- Relationship to the proposed insured.
- Spousal consent in some states and situations.
The completed forms are submitted to the insurance company, recorded, and confirmations are sent to all parties.
Frequently Asked Questions About Life Insurance Assignments
You may have questions about your life insurance assignment and how it works.
The following are general guidelines, as each situation is uniquely different.
Can the collateral assignment change the beneficiary?
No, the collateral assignment does not change the beneficiary.
The life insurance assignment gives the lender the right to receive proceeds equal to their outstanding loan balance.
Can a business be a beneficiary in a collateral assignment of life insurance?
A business can be the beneficiary of a life insurance policy that is collaterally assigned.
Final Words
Life insurance assignments are common for absolute and collateral assignments.
What is most important is that you understand what is involved with this process.
That’s where we’ll help you make the best decision for your life insurance.
There is never any pressure or obligation with our life insurance service.
Please take a few minutes to submit your quote request today. Thank you.
About The Author
Michael Horbal
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Apr 30, 2023 · 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...
Jun 5, 2024 · A collateral assignment of life insurance is an arrangement where you use a life insurance policy as collateral for a loan, giving the lender the right to claim the death benefit if you fail to repay the loan.
Jul 30, 2021 · Collateral assignment of life insurance lets you use a life insurance policy as an asset to secure a loan. If you die while the policy is in place and still owe money on the loan, the death benefit goes to pay off the remaining debt.
Apr 5, 2024 · 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...
Jan 3, 2024 · Collateral assignment is an additional agreement to your life insurance policy that gives a lender first claim to your life insurance payout, but lets you name beneficiaries who can claim any money left over after the loan is paid.
Oct 3, 2024 · 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.
Aug 8, 2023 · How to use life insurance as collateral for a loan? 1. Ensure the lender accepts life insurance as collateral. 2. Apply for the collateral assignment through the bank or directly with the insurer. 3. Fill out an “assignment of Life Insurance Policy as Collateral form” provided by your insurer. 4. Submit the form to the insurer, and wait for ...
Nov 10, 2021 · Collateral assignment of your life insurance policy can help you get approved for a loan. Learn how it works, how it impacts your policy, and alternatives to consider.
Collateral assignment of life insurance is a method of providing a lender with collateral when you apply for a loan. In this case, the collateral is your life insurance policy's face value, which could be used to pay back the amount you owe in case you die while in debt.
Jan 3, 2025 · What is a Collateral Assignment? Collateral assignments are used to secure a lender’s financial interest in your policy in exchange for lending you money. If you die, the collateral assignment allows the lender to collect your policy’s death benefit up to the amount of the outstanding loan balance. How Do Collateral Assignments Work?