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"A" credit customers: Consumers
with impeccable credit, who can obtain a loan from traditional lenders.
Acceleration Clause: Language
in a lease that secures payments for the full term of the lease.
Accounts Payable: The amount of money a company
owes for goods and services it has received; any outstanding debt
that a company has.
Accounts Receivable: A collection of a company's
outstanding invoices (invoices which have not yet been paid by the
company's customers).
Accounts Receivable Aging Report: A report
showing how long invoices from each customer have been outstanding.
Advance Rate: The percentage of the face amount
of an income stream that a funding source will advance to a client.
Amortization: The gradual, systematic payment
of a debt, such as a mortgage or other loan, in installments of
principal and interest for a definite time, so that at the end of
that time, the debt will have been paid in full.
Articles of Incorporation: A document filed
with a U.S. state by the founders of a corporation. After approving
the articles, the state issues a Certificate of Incorporation; the
two documents together become the Charter of Incorporation.
Asset: Anything having commercial or exchange
value that is owned by a business, institution or individual. A
business' assets might include its real estate, equipment inventory,
intellectual assets such as copyrights or trademarks, and accounts
receivable.
Assignability: The ability to assign (or sell)
an income stream to another individual or business.
Assignee: The person or business entity who
is given, obtains, or buys the right to an asset.
Assignment: The transfer of the rights, title
or interest of any debt instrument that is properly owned by another
party.
Assignor: The person giving or selling an
asset, and subsequently, forfeiting rights to that asset.
"B" through "D" credit customers:
These consumers have less than perfect to bad credit and usually
cannot qualify for traditional financing. Also called sub-prime
credit customers.
Bad Debt: Any debt that is delinquent and
has been written off as uncollectible.
Balance sheet: A financial statement that
shows a business' current financial condition, with assets on the
left side and liabilities and net worth on the right side.
Balloon: The balance of principal that is
due and owing in its entirety at a specified point in time, but
in any event, less than the time required to fully amortize the
debt.
Bankruptcy: A state of insolvency of an individual
or organization. The inability to pay debts.
Beneficiary: The person or party entitled
to receive the benefits, or proceeds, of the life insurance policy
upon the death of the insured person.
Bill of Lading: A shipping document which
gives instructions to the company transporting the goods.
Bill of Sale: A document used to transfer
the title of certain goods from seller to buyer.
Business-based income streams: Cash flow instruments
that are paid to a business by another business or government.
Cash flow: The flow of cash through a business
or household. In business terms, cash flow involves the flow of
cash into a company in the form of revenues, and out of the company
in the form of expenses.
Cash flow broker: Professional whose primary
purpose is to unite income stream sellers with funding sources.
They may operate as referral sources or as the primary liaison for
cash flow transactions.
Cash flow industry: The buying, selling, and
brokering of privately held debt in the secondary marketplace; the
marketplace where businesses and individuals get help managing their
cash flow needs.
Cash flow instrument: Future payment or series
of payments. Also called a debt instrument or income stream.
Cash flow specialist: A cash flow professional
who brokers cash flow transactions or buys cash flow instruments.
Cash flow transaction: Occurs whenever a funding
source pays cash to an individual or business in exchange for an
income stream.
Chattel mortgage: A mortgage on personal property,
given to secure a debt. Typically used in the sale of a business.
Also called a security agreement.
Collateral: Something of value (land, a home,
a car, etc.) that is pledged as security to ensure the payment of
a debt. Collateral is promised to a lender until a loan is repaid.
If the borrower defaults, the lender has the right, by law, to seize
the collateral.
Collateral-based income streams: Cash flow
instruments that are secured by collateral.
Collectibility: Refers to the funding source's
ability to collect future income stream payments once they are purchased.
Commission: Fee paid to a broker for executing
or referring a cash flow transaction.
Consumer-based income streams: Cash flows
in which the party that owes payments is a consumer, a private individual.
Contingency-based income streams: Cash flows
in which the recipient is not necessarily legally entitled to receive
payments, or in which the amount of the payment is uncertain or
contingent upon outside factors.
Conversion: The process of converting a qualified
prospect into an active client.
Corporation: A legal entity, chartered by
a U.S. state or the federal government, and separate and distinct
from the persons who own it. It is regarded by the courts as an
artificial person; it may own property, incur debts, sue or be sued.
Creditor: One who is owed payments on a debt
by a debtor.
Debt instrument: Future payment or series
of payments, or a debt that one party owes to another party. Also
known as income streams or cash flow instruments.
Debtor: One who owes something and makes payments
to a creditor.
Default: The omission or failure to perform
or fulfill a legal duty, obligation, or promise (i.e. to pay a debt).
Due diligence: Exhaustive research on a transaction,
income stream, client, and/or payer. Due diligence may involve credit
checks, appraisals, UCC searches, lien searches, or on-site visits
with clients.
Equity: The value or interest an owner has
in property over and above any indebtedness owed on the property.
Escrow: The system by which money documents,
personal property, or real property is held in trust for another
party by a disinterested third party until the terms and conditions
of the escrow instructions are completed or terminated.
Face value: The current principal balance
on an income stream.
Factor: A funding source that specializes
in funding accounts receivable.
Factoring: The purchase of a business' accounts
receivable at a discount.
Fictitious name: A legal statement filed when
a person uses a name other than his or her own to operate a business.
Foreclosure: A legal proceeding in court to
seize property given as security for a debt that is in default.
Funding source: An individual investor or
an investment company that buys income streams.
Government-based income streams: Cash flows
paid by a government entity, either directly or through an insurance
company.
Hypothecation: Borrowing funds from a lender,
investing those funds in a debt instrument, and giving the lender
a security interest in the debt instrument as the collateral for
the loan.
Income stream: A future payment or series
of payments, or a debt that one party owes to another party. Also
known as a debt instrument or cash flow instrument.
Institutional lenders: Savings and loan associations,
local and regional banks, mortgage companies, finance companies,
and commercial lenders.
Insurance-based income streams: Cash flows
stemming from insurance companies and paid to individuals or businesses.
Intangible personal property: Something that
has value but is not a tangible asset, for example, a trademark,
copyright, patent, or trade secret.
Investment-to-value ratio: A measure of how
secure a creditor's position is and how likely the creditor is to
recoup all of his or her money in the event of a foreclosure.
Joint venture: A business entity established
for a specific task, operation, or goal.
Lead: A piece of information of possible use
in the search for a prospective client.
Leverage: The ratio of debt to total assets.
Limited liability company: A form of business
structure designed to combine the best of corporate and partnership
attributes into one entity.
Loan-to-value ratio: A measure of how heavily
mortgaged a property is and how likely the owner is to default on
his or her debts.
Marginal credit customers: Consumers who may
have had some slow pay problems, but generally pay their bills.
Market value: The price at which a ready,
willing, and informed person would buy something; the price property
would command in the current market.
Marketing: The process of identifying and
communicating with qualified prospects.
Master Broker: Individual who has been certified
and designated by the American Cash Flow Association to work with
Diversified Cash Flow Specialists.
Mortgage: A written instrument that creates
a lien by pledging real property as security for a debt.
Notice of Pre-lien: A document notifying the
owner of real property that materials or services are being furnished
to his real property, putting him on notice that the one sending
it will look to have a lien against the real property if those materials
or services are not paid for.
Owner financing: A type of financing in which
the seller of a tangible item accepts a promissory note as a portion
of the purchase price. Also called seller financing.
Partnership: A common form of joint ownership
of a business.
Payee: Person or business that has the right
to receive a payment or series of payments and is interested in
selling that income stream for cash. (Also called the seller or
client.)
Payor: The person, company, or government
responsible for making payments on an income stream.
Partial: Any part of a payment stream that
is less than the full amount due.
Personal guaranty: A contractual agreement
between a funding source and a seller, whereby the seller assumes
personal responsibility and liability for the obligations of the
income stream.
Portfolio: A group or package of income streams
of the same type.
Privately held: Owed to a private individual
or business rather than to a bank or other financial institution.
Profit and loss statement: A financial statement
that shows a historical record of a business' income and expenses.
Promissory note: A written promise to pay
a specified amount to a specified party over a certain period of
time.
Real property: Real estate.
Replevin: A legal proceeding in court to seize
property (other than real estate) given as security for a debt that
is in default.
Reserve: An amount a funding source holds
in its account to cover potential payment defaults. After a certain
time period has passed, the funding source rebates the reserve to
the client less any fees or charges for delinquency. Also called
a bad debt reserve.
Satisfaction: The discharge of an obligation
by paying a party what is due (i.e., the satisfaction of an IRS
lien or the satisfaction of a mortgage).
Seasoning: The length of time payments have
been made on a note or other debt instrument.
Secondary market: The marketplace where individuals
and businesses can sell privately held income streams to funding
sources for cash.
Securitization: The bundling and resale of
debt instruments to investors; permitted only for parties licensed
and regulated by the SEC.
Security interest: An interest in property,
other than real estate, which is given as security for a debt or
other obligation. A security interest is created by execution of
a security agreement and one or more financing statements under
the Uniform Commercial Code.
Seller: The person or company that is holding
a debt instrument and wants to sell it.
Servicing: The collection of payments of interest
and principal, and trust fund items such as fire insurance, taxes,
etc., on a note by the borrower in accordance with the terms of
the note. Servicing by the lender also consists of operational procedures
covering accounting, bookkeeping, insurance, tax records, loan payment
follow-up, delinquent loan follow-up and loan analysis.
Sole proprietorship: A business owned and
operated by an individual.
Subordination:The act of a creditor acknowledging
in writing that a debt due him or her by a debtor shall be inferior
to the debt due another creditor by the same debtor.
Tail: The payment stream and/or balloon payment
of an income stream subsequent to another party's right and interest
in the income stream. Usually the back half of the payment stream
when another party has purchased the front half.
Tangible personal property: Personal property
other than real estate, such as cars, boats, or other assets.
Time value of money: Concept that addresses
the way the value of money changes over a period of time.
Title commitment: A commitment on the part
of the insurer, once a title search has been conducted, to provide
the proposed insured with a title insurance policy upon closing.
Title insurance: Title insurance can benefit
either the payer or the payee. Should the beneficiary suffer any
damages due to clouded or false title to real estate, title insurance
recompenses the damaged party to the extent of the damages.
Title policy: An insurance policy that insures
a party against loss due to a defective title.
Trial balance printout: A spreadsheet that
lists all loans in a portfolio and their payment schedule. Usually
required for a portfolio transaction.
Uniform Commercial Code (UCC): Standardized
set of guidelines protected by law that set down how business transactions
must be conducted.
Unseasoned: A lease or note that has had few,
if any, payments made.
Viatical: The nature of viatical settlements
is the assignment (transfer of life insurance benefits)and sale
of a death benefit. In the beginning, viatical settlements were
used primarily as a financial option for AIDS patients with a clearly
terminal illness, who were unable to obtain the resources they need
at a critical time, Eventually, victims of other terminal illnesses
such as cancer and lukemia recognized the advantages of viating
their life insurance policies to pay for current expenses.
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