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1 JAMES R. FELTON, ESQ. (State Bar No. 138767)
jfelton@gblawllp.com
2 G&B LAW, LLP
16000 Ventura Boulevard, Suite 1000
3 Encino, California 91436
Tel: (818) 382-6200 • Fax: (818) 986-6534
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Attorneys for Petitioner
5 J.G. Wentworth Originations, LLC
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF KERN, METRO JUSTICE BUILDING
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11 IN RE Petition of: CASE NO.: BCV-23-103704 NFT
12 J.G. WENTWORTH ORIGINATIONS, LLC, UNLIMITED JURISDICTION
13 Petitioner AMENDED EXHIBIT “A” TO PETITION
FOR APPROVAL FOR TRANSFER OF
G&BlAW
14 and PAYMENT RIGHTS
15 LORENZO LOZANO, [PURSUANT TO CALIFORNIA
INSURANCE CODE § 10134, ET SEQ.]
16 Real Party-In-Interest/
Transferor DATE: December 18, 2023
17 TIME: 8:30 a.m.
DEPT: L
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20 COMES NOW J.G. Wentworth Originations, LLC, by the undersigned counsel, and hereby
21 amends Exhibit “A” to its Petition For Approval For Transfer of Payment Rights (the “Petition”), filed
22 with this Court on or about November 3, 2023, with the following document:
23 AMENDED EXHIBIT “A”: The attached California Purchase Contract shall be used as
24 Exhibit “A”.
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AMENDED EXHIBIT “A” TO PETITION FOR APPROVAL FOR TRANSFER OF PAYMENT RIGHTS
2403150.1 - 30464.6884
1 This Amendment to Verified Petition is being served on all of the parties to this action. The
2 Petitioner, J.G. Wentworth Originations, LLC, respectfully request that this Court approve the Petition
3 at the hearing on December 18, 2023.
4 Dated: November 16, 2023 G&B LAW, LLP
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6 By:______________________________
JAMES R. FELTON
7 Attorneys for Petitioner
J.G. Wentworth Originations, LLC
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G&BlAW
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AMENDED EXHIBIT “A” TO PETITION FOR APPROVAL FOR TRANSFER OF PAYMENT RIGHTS
2403150.1 - 30464.6884
AMENDED
EXHIBIT A
1388005.1 - 30464.0000
DocuSign Envelope ID: E2D1CBAA-FFD9-4AE1-B589-CE19AE3AFBD5
Account ID: 2082550
CALIFORNIA PURCHASE CONTRACT
This is a Purchase Contract ("Contract") for the sale of structured settlement payments between
Lorenzo Lozano (You, Your), and J.G. Wentworth Originations, LLC (We, Us, Our)
3993 Howard Hughes Parkway, Suite 250, Las Vegas, NV 89169-6754.
BACKGROUND
A. In connection with the resolution of a personal injury claim, You or someone acting for You,
signed a Settlement Agreement that entitles You to receive certain future payments ("Settlement
Payments"), according to a set schedule.
B. Those Settlement Payments are being paid to You from an annuity policy ("Annuity Policy") purchased
by the Person responsible for making the Settlement Payments to You ("Obligor").
C. Rather than wait for the Settlement Payments to be made to You in the future, You want to sell all or
some of those Settlement Payments ("Purchased Payments") to Us now for a lump sum.
DEFINED WORDS
Certain words used in this Contract have specific meanings, shown below.
Affiliate An entity controlled by, controlling, or under common control with, another
entity.
Annuity Policy The policy purchased by the Obligor to ensure that the Settlement Payments are
made to You as required by the Settlement Agreement.
Closing Documents Any documents necessary to carry out the purchase of the Purchased
Payments, other than the "Contract or Contract Documents" as defined
below.
Contract or Contract
Documents Collectively, only this Contract and the Disclosure Statement.
Contract Date The date Your signature at the end of this Contract is E-signed and date
stamped. However, if You happen to sign this Contract before the number
of days stated at the end of Your Disclosure Statement for waiting has
passed, You will have no obligation under Your Contract until that time has
passed.
Court Order A legally binding ruling issued by a judge or properly empowered administrative
officer, approving the sale of the Purchased Payments to Us ("Court Approval").
Disclosure Statement The document which identifies for You, the Purchased Payments, expenses,
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Purchase Price and various other disclosures.
Encumbrance Any claim, right, lien, policy loan, or restriction. In addition, this includes
any limits on rights of ownership (such as the use, voting, transfer, receipt
of income, etc.).
Funding Date The date We pay You the Net Purchase Price.
Issuer The insurance company that issued the Annuity Policy.
Obligor The Person who is obligated to make payments to You under the Settlement
Agreement.
Party One of You or Us. Parties means both You and Us.
Person Any natural person or legal entity.
Purchased Payments Only those certain payments that We are purchasing from You under this
Contract.
Purchase Price:
Gross Purchase Price The amount shown as the "gross amount payable to seller (You)"
in Section 10 of this Contract. This is the sum We have agreed to
pay You before any deductions as set forth in the Contract Documents.
Net Purchase Price The amount shown as the "net amount paid to seller (You)" in Section
10 of this Contract. This is the sum We have agreed to pay
You after any deductions as set forth in the Contract Documents.
Settlement Agreement The agreement that You and the Obligor signed to resolve Your personal
injury claim.
Settlement Payments All of the payments that the Obligor has agreed to make to You in the
Settlement Agreement.
We, Our, or Us J.G. Wentworth Originations, LLC, along with any of its
successors, assigns, and designees. Some of the Contract Documents or
Closing Documents may refer to Us as the purchaser.
You or Your The Person named on this Contract's first page. Some of the Contract
Documents or Closing Documents may refer to You as the seller.
You and We agree as follows:
1. SALE OF THE PURCHASED PAYMENTS
A. Upon the signing of this Contract and subject to certain conditions including Court Approval,
You sell, transfer and assign to Us the right to receive the Purchased Payments specifically
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identified in the Disclosure Statement.
B. We will pay You the Net Purchase Price as agreed to in the Contract Documents, subject to certain
conditions, including meeting Our underwriting requirements, Court Approval and satisfactory
completion of the Closing Documents. We will do this in exchange for You:
• selling the Purchased Payments to Us;
• changing the beneficiary of the Annuity Policy to Your estate and not changing it again
until We have been paid all of the Purchased Payments;
• having any current beneficiaries waive their rights to the Purchased Payments; and
• fulfilling Your promises under this Contract.
C. If We are buying only a portion of Your payments, this will have no effect upon Your rights in
the unsold portion. You will continue to receive the unsold portion unless You have already
sold or encumbered that portion. However, sometimes the Issuer, the Obligor or the court may
require Us to receive the entire amount of Your payment. If so, We will then forward the
portion of the payment still due to You and You hereby agree to this payment servicing
arrangement.
2. PURCHASE PRICE
A. The Gross and Net Purchase Prices are shown in Section 10 of this Contract and are fair and
acceptable to You and Us.
B. We will pay You the Net Purchase Price in the manner You designate for Us in exchange for the
following payments (Purchased Payments):
A) 251 monthly payments of$875.00 each, beginning on January 25, 2024 and ending on
November 25, 2044
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C. Before we pay You, You agree that We will adjust for the following amounts, if applicable:
• Purchased Payments Owed to Us-The Issuer may have already paid You some of the
Purchased Payments before We have paid You for them. If that happens, We will
deduct the amount of those Purchased Payments.
• Holdbacks - Due to possible delays in the Issuer beginning to make the Purchased
Payments to Us instead of You, We will hold back an amount equal to any Purchased
Payments that the Issuer owes Us post Court Approval, that are due within 90 days of
the Funding Date. If We subsequently receive those particular Purchased Payments
directly, We will return the amount of any related holdback to You.
• Payment of Debts Owed - If You owe any past due child support, bankruptcy payoffs
or taxes, or have any judgments or liens against You or Your assets, We may pay those
amounts and deduct them from the amount We pay You and You hereby provide Us
with specific authority to take such action. We will provide You with notice of the
amounts that We are going to pay, prior to actual payment.
D. If any Purchased Payments are mistakenly sent to You after We have paid You for them, You will
immediately contact Us. If We then determine that any deductions or holdbacks as set forth above
are not enough to reimburse Us, We will advise You of the amount You owe Us. You agree to
immediately send that amount to Us by bank or certified check.
3. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant to Us the following:
A. You understand that TIDS IS A SALE AND NOT A LOAN.
B. The Annuity Policy is in full force, You are the sole and undisputed recipient of the right to the
Purchased Payments, have the right to sell them, free and clear of any Encumbrances, and have not
previously sold any of the Purchased Payments to any other Person.
C. You understand that Court Approval is required for this purchase; and You agree to fully
cooperate with Us to obtain that approval.
D. You gave Us all requested information and signed all documents necessary to complete the
purchase. Every statement made by You in the Contract Documents and Closing Documents is
true and complete.
E. No law, divorce decree or other legal obstacle:
• requires You to keep the Purchased Payments for the benefit of a current or former spouse,
dependent children, or other Person; or
• legally prevents You from contracting with Us, selling the Purchased Payments or changing
the Annuity Policy's beneficiary.
F. Either:
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• You have never filed for bankruptcy, will not do so before the Funding Date and there are no
lawsuits or efforts by any of Your creditors to put You into bankruptcy or take any of the
Purchased Payments; or
• If You filed for bankruptcy, the Purchased Payments were not subject to the claims of Your
creditors. You will give Us a copy of any of Your bankruptcy documents that We request
including evidence of a final bankruptcy payoff or case closing, if any.
G. We can rely on Your representations, warranties, and promises in this Contract. These
representations, warranties, and promises are for Our benefit and the benefit of any future owners of
the Purchased Payments. You understand that Our reliance on any intentional misrepresentation by
You may result in Our enforcing Our rights against You in court.
H. You had enough time to consider the sale of the Purchased Payments, understand the terms of the
Contract Documents and Closing Documents, are of legal contracting age and sound mind, not under
the influence of drugs or alcohol, and freely and voluntarily, enter into this Contract and agree to all
of its terms.
I. You were advised by Us to obtain independent professional advice regarding any federal and state
income tax consequences arising from the proposed transfer and We may not refer You to any
specific advisor for that purpose.
J. We did not provide tax, financial, or legal advice to You about this Contract and advised you that
We may not refer You to any specific attorney for such purpose.
K. If You are married, Your spouse understands all of the terms and conditions of this Contract
including, but not limited to the fact that after the Funding Date, You (and Your spouse) will not
receive the same amount of money on the same payment schedule as You would have received
under the Annuity Policy. Your spouse has been provided with all information relating to the
transaction and has had every opportunity to review the terms of the transaction and to seek any
advice relating thereto. Your Spouse also understands that he or she will be giving up any property
or contract rights that he or she may have in the Purchased Payments.
L. We may sell, transfer, or assign Our right to the Purchased Payments in a sale, securitization, or
other financing transaction (resale). Any resale would involve disclosing certain information about
You (including Your personal information) to the parties to a resale.
M. Any future owner of the right to the Purchased Payments will have all of the same rights We have,
including the right to the duties You owe Us under this Contract. This includes the right to make a
claim against You for violating any of the representations, warranties, or promises You made in
this Contract.
N. You acknowledge and understand that this transaction does not create a cause of action on Your
part against the Issuer (or other payor) funding the Purchased Payments.
4. YOUR PROMISES TO US
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Before and after the Funding Date:
A. You will tell us right away if Your address or telephone number changes and do
everything necessary, including completing and signing all Documents to:
• sell the right to the Purchased Payments to Us;
• change the beneficiary as required by this Contract; and
• correct any documentation errors in the Contract Documents or Closing Documents.
B. You will also tell Us if any of the following occurs:
• a violation of this Contract; or
• anything that could negatively affect the Annuity Policy, the Purchased Payments,
or this Contract.
C. You will not:
• agree to sell the Purchased Payments to any Person other than Us;
• change the Annuity Policy's beneficiary to any Person other than Your estate until we have
collected all of the Purchased Payments; or
• withdraw cash from, borrow against, or change the Annuity Policy.
D. You will give Us information necessary to update Your representations, warranties, and promises
in this Contract. You will also update any documents and information so they will be true and
complete on the Funding Date.
E. We are now, and will continue in the future, to rely on the representations and warranties You have
given Us. We will confirm the accuracy of Your representations and warranties. You must cooperate
with this confirmation and provide complete access to any information We believe necessary.
F. You agree that updating representations, warranties, promises, documents and other information
will not cure a breach of any representation or warranty made by You that was not true and complete.
G. You agree that Our obligation to You under this Contract is strictly limited to the requirement to pay
You what We owe You under the terms of this Contract, after receipt and approval of the Closing
Documents, final underwriting approval and Court Approval. Under no circumstances will We be
liable for any consequential damages.
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H. You hereby appoint Us and any of Our designees, with full power of substitution as your Attorney in
Fact, to act in Your name and place for the purpose of assigning and transferring ownership of any
and all right, title and interest that You have in the Purchased Payments. You also give Us full
authority to act in any way proper and necessary to exercise this Attorney in Fact appointment
including, but not limited to: (1) negotiating, endorsing and executing checks, drafts and other
instruments in Your name; and (2) instituting, maintaining, compromising, settling and terminating
any litigation or other proceedings related to the Purchased Payments. This power of attorney is
coupled with an interest and shall survive death or disability.
5. CANCELLATIONBYUS
We may cancel this Contract before the Funding Date if:
A. You breach any representation, warranty, or promise in any Contract Documents or Closing
Documents.
B. The petition for the Court Order is contested, opposed, or not approved.
C. We are sued or threatened with a lawsuit about this Contract or the Annuity Policy.
D. There is any threatened, pending, or final action, or change in law or rule challenging the
legality of, or negatively affecting this transaction.
E. You file for, or are forced into bankruptcy.
F. You die.
G. Final approval has not been given by Our underwriting department.
H. The Purchase Contract is not signed by You and received back by Us by December 25, 2023.
I. A major rating agency downgrades the Issuer's credit rating.
J. The Issuer is, or becomes insolvent, or under regulatory supervision.
6. CANCELLATION BY YOU
See Section 10 of this Contract and the "Your Cancellation Rights" box at the end of this Contract
for information on how You may cancel this Contract.
7. NOTICES
A. All notices about this Contract must be in writing.
B. All notices must be sent either by: (1) certified or registered mail (return receipt requested); or (2)
FedEx or another major overnight delivery service with a delivery tracking system and are considered
given when delivered as follows: lfto You: to the most recent address listed for You in Our files. lfto
Us: to Our address listed on the first page of this Contract, "Attention - Manager Operations."
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8. EVENTSOFDEFAULT
You will be in default if You:
A. fail to comply with any terms or conditions of this Contract; or
B. breach any of Your representations, warranties and promises in this Contract.
If You are in default, We have the right to sue You in court to make You perform Your
promises or to get damages from You.
9. MISCELLANEOUS
A. You give Us permission to conduct background checks on You, including obtaining information
from the credit bureaus, in order to verify Your legal residence, contact information, and other
information We deem necessary for this transaction. We can also search records for UCC filings,
bankruptcy filings, judgments, liens and child support obligations against You.
B. lbis Contract is the entire agreement between You and Us.
C. If there is more than one of Us or You, this Contract applies to all of those people together, and to
each of them on their own.
D. Both Parties must agree in writing to any change to this Contract or waiver of its terms.
E. If a court undoes any part of this Contract, the rest of the Contract remains valid.
F. You cannot voluntarily or involuntarily sell, assign, or transfer this Contract, or any of Your rights or
duties under this Contract. Any such action taken by You in violation of this section shall be void
and of no effect.
G. The law of the state of California will govern this Contract. The court approving this Contract
retains continuing jurisdiction to interpret and monitor implementation of this Contract as justice
may reqUire.
H. lbis Contract also holds responsible Your heirs, and executors. This Contract benefits only You and
Us, and no one else. However, if properly assigned by Us, this Contract will bind and benefit Our
successors and assigns.
I. Failure to enforce any provision of this Contract is not a waiver of that provision.
J. The Parties may sign this Contract in one or more counterparts. Each counterpart will be considered
an original. All counterparts will form one Contract. A facsimile, pdf or other electronic copy of the
signed Contract or any counterpart will be considered an original and treated as such in any court
proceeding.
K. We have investigated the proposed transfer of the Purchased Payments and, in light of information
available to Us, have identified no violation of any applicable state or federal law.
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L. You will not receive an IRS Form 1099 from Us.
M. Titles and headings in this Contract are for convenience only. Do not use them to interpret this
Contract.
N. Except as otherwise set forth in this Contract, You and We will pay Our respective costs and
expenses in carrying out this Contract.
0. You give Us permission to request from our Affiliates information and documentation You have
previously provided to them which we deem necessary for this transaction, including, bankruptcy
filings, judgments, settling documents, annuity documents, liens, child support obligations, divorce
documents.
10. ADDITIONAL TERMS OF TIDS CONTRACT
IMPORTANT TERMS:
You have agreed to sell to the transferee future payments totaling
Two Hundred Nineteen Thousand Six Hundred Twenty-Five Dollars
and 00/100 Cents dollars ($219,625.00) in exchange for a purchase
price of Seventy Thousand Dollars and 00/100 Cents dollars
($70,000.00).
Those future payments have a discounted present value equal to
One Hundred Thirty-One Thousand Eight Hundred Forty-Six Dollars
and 30/100 Cents dollars ($131,846.30). This is the value of your
structured settlement in current dollars. This amount was calculated by
applying the discount rate of 5.40% percent utilized by the Internal
Revenue Service to value annuities in probate proceedings.
The purchase price to be paid to You was calculated using a
discount rate of 14. 78% percent.
The purchase price payable to You is less than the present value of the
future payments stated above because the discount rate of Your
transaction is greater than the rate utilized by the Internal Revenue
Service.
For comparison purposes:
If You did not sell Your right to receive structured settlement payments,
but instead borrowed the net amount of $70,000.00 and paid
that loan back in installments with each of the payments You are now
selling, the equivalent interest rate You would be paying for that loan
To figur(;
w_o_u_ld_b_e_1_4_.7_8_0_1/o_o_e_r_v_e_ar_._________________..
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Related Expenses fee: $0.00
for a total of $0.00 in expenses.
There are no broker commissions, service charges, application fees, administrative fees, legal fees, notary fees
and other commissions, fees, costs, expenses and charges payable by You or deducted from the gross amount
otherwise payable to You, other than the fees shown above.
The discounted present value of payments shall be calculated using the applicable federal rate. The applicable
federal rate used in determining the discounted present value is 5.40%.
The effective annual discount rate for this transaction is 14. 78%. The quotient obtained by dividing the net
payment amount by the discounted present value of the payment is 53.09%.
The cash payment You receive in this transaction from us was determined by applying the specified effective
annual discount rate, compounded monthly, to the total amount of future payments to be received by Us.
The net amount that You will receive from Us in exchange for Your future structured settlement payments
represents 53.09% of the estimated present value of the payments based upon the discounted value using the
applicable federal rate.
YOU WILL BE PAYING THE EQUIVALENT OF AN INTEREST RATE OF 14.78%
PER YEAR.
Based on the net amount that You will receive from Us and the amounts and timing of the structured settlement
payments that You are transferring to Us, if the transferred structured settlement payments were installment
payments on a loan, with each payment applied first to accrued unpaid interest and then to principal, it would be
as if You were paying interest to Us of 14.78% per year, assuming funding on the effective date of transfer.
Please note that this is not a loan, but a sale of payment rights and the interest figure is only provided as an
illustration of the economic impact of the sale.
The quotient (expressed as a percentage) obtained by dividing the net payment amount by the discounted
present value of the payments is 53.09%.
Court Approval is needed. A court must approve any agreement You sign to sell Your rights under a structured
settlement. You will not receive any money until the court approves the sale. Court Approval could take more
than 30 days following the day You sign an agreement selling Your rights under a structured settlement.
You may cancel the Contract before Court Approval. You may cancel the agreement selling or transferring
Your rights under a structured settlement without any cost or obligation. You may cancel at any time before the
court approves the Contract, or within five (5) business days after Your receipt of payment from Us under the
Contract, whichever is later. You will get notice of the date of the court hearing.
If You want to cancel, You do not need any special form but You must cancel in writing. Send Your
cancellation to:
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DocuSign Envelope ID: E2D1CBAA-FFD9-4AE1-B589-CE19AE3AFBD5
Account ID: 2082550
J.G. Wentworth Originations, LLC
Attention: Manager-Operations
3993 Howard Hughes Parkway, Suite 250
Las Vegas, NV 89169-6754
Your cancellation notice must include a bank or certified check, made payable to Us, in the full amount
(Purchase Price or otherwise), if any, received by You.
The court approving the transfer agreement retains continuing jurisdiction to interpret and monitor
implementation of the agreement as justice may require.
Be advised that the proposed transaction is a sale, not a loan, and that You will be selling all rights and title to
the assigned assets once this transaction in consummated. Direct or indirect receipt of the cash proceeds from
the sale of Your annuity payments may adversely affect Your eligibility for Medicaid, Supplemental Social
Security Income or other governmental benefits or entitlements. You should obtain advice on these matters
from appropriate government agencies and from Your legal and financial advisors.
You should get independent professional advice about whether selling Your structured settlement payments is a
good idea for You and for Your dependents.
You should also get independent professional advice from an accountant or lawyer experienced in tax matters
about any income tax consequences from selling Your structured settlement payments. We cannot give You the
name of anyone to advise You.
You may choose to waive the right to seek such advice if You wish to do so by advising Us in writing.
In addition to having the right to seek independent professional advice regarding the proposed transfer, You
also have the right to seek independent counsel and financial advice in connection with the Our petition for
Court Approval of this Purchase Contract. If You do retain counsel, a licensed certified public accountant, or a
licensed actuary in connection with a petition for an Order approving this Purchase Contract, We will pay the
fees of Your counsel, accountant, or actuary, regardless of whether this Purchase Contract is approved, and
regardless of whether the attorney, accountant, or actuary files any document or appears at the hearing on the
transfer, in an aggregate amount not to exceed one thousand five hundred dollars ($1,500.00). Our accountant,
counsel, or actuary may not advise You.
If You believe You were treated unfairly or were mislead as to the nature of the obligations You assumed upon
entering into this Contract, You should report those circumstances to Your local district attorney or the office of
the Attorney General.
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You and We, intending to be legally bound, have signed this Contract as of the Contract Date below, and
understand and agree to all of its terms and conditions.
By signing below, You also acknowledge that You were advised by Us in writing, that You should obtain
independent legal advice and professional tax advice about the sale of the Purchased Payments and to
have those advisors review with You, the terms and legal, tax and other effects of this Contract.
YOUR CANCELLATION RIGHTS
You have the right to cancel this agreement without any cost or obligation until the
date the court approves this agreement or within five ( 5) business days after your
receipt of payment from Us hereunder, whichever is later. You will receive notice
of the court hearing date when approval may occur. You must cancel in writing
and send your cancellation to:
J.G. Wentworth Originations, LLC
Attention: Manager-Operations
3993 Howard Hughes Parkway, Suite 250
Las Vegas, NV 89169-6754
Your cancellation notice must include a bank or certified check, made payable to Us,
in the full amount (Purchase Price or otherwise), if any, received by You.
SELLER:
! JDocuSigned by:
<:3GNHERE 11/10/2023
~~~F4~2~
Lorenzo Lozano Date
SELLER'S SPOUSE (if applicable)
Spouse Date
US: J.G. Wentworth Originations, LLC
BY: l / ! t t
Michael Rodden, Vice President
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