Preview
FILED: KINGS COUNTY CLERK 06/14/2024 10:38 AM INDEX NO. 516513/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/14/2024
EXHIBIT
"D"
. .
FILED: KINGS COUNTY CLERK 06/14/2024 10:38 AM INDEX NO. 516513/2024
DocuSign
NYSCEF DOC. NO.ID: 6DA51B849-0F72-4CED-8083-E9651772A96E
Envelope RECEIVED NYSCEF: 06/14/2024
AFFIDAVIT/AFFIRMATION IN SUPPORT
STATEOF NEWYORK )
)
COUNTY
OFKINGS ) ss.:
ALBERTORODRIGUEZ,being duly sworn, hereby deposes and says:
1. I am of sound mind, sane, sober, not under the of drugs or alcohol, and
influence
am not suffering from any physical impairment affecting my judgment. Further, I
have personal knowledge of the facts and documents stated and described herein.
2. I am fifty-five (55) years old, born on July 3, 1968.
3. I am not married, have one (1) minor child, and have no other dependents or
beneficiaries.
4. I am a resident of and domiciled in the State of NewYork, County of Kings.
5. This affidavit is made in support of the application by Assured Management
Corporation ("AMC"), which seeks Court approval of the sale and transfer, to
AMC, of certain structured settlement payment rights due to me under a
structured settlement agreement.
6. That, as a result of a settlement of personal injury / tort claim, I became entitled to
receive certain structured settlement payment rights.
7. That, on or about May 30, 2024, I signed a Structured Settlement Annuity Sale
and Assignment Agreement ("Sale and Assignment Agreement") with Genex
Capital Corporation to sell a portion of the Periodic Payments.
8. In particular, pursuant to the Sale and Assignment Agreement, I have agreed to
sell my interest in the following Periodic Payments: one hundred forty-two (142)
life contingent monthly payments of $4,095.80, beginning with the payment due
and payable on or about March 20, 2049, continuing through to and including the
payment due and payable on or about December 20, 2060, with a 3% annual
increase on March 20th (the "Assigned Payments"). Pursuant to an Assignment
Agreement, dated June 12, 2024, Genex Capital Corporation assigned to Assured
Management Corporation, all of its rights and obligations under the Purchase
Agreement, including the right to receive the Assigned Payments (defined below
and herein).
9. That, in consideration for the sale and transfer of the Assigned Payments, I will
receive the gross amount of $6,000.00 from AMC. I understand that I will be
giving up my right to receive the Assigned Payments in the future in exchange for
a lump sum payment from AMC.
FILED: KINGS COUNTY CLERK 06/14/2024 10:38 AM INDEX NO. 516513/2024
DocuSign
NYSCEF DOC. NO.ID: 6DA51B849-0F72-4CED-8083-E9651772A96E
Envelope RECEIVED NYSCEF: 06/14/2024
10. I understand that must grant permission
the Court and approve the sale and
transfer of the Assigned Payments to AMC.
11. I will use the money I receive from AMCtowards the purchase of a vehicle.
Based on my research, I believe that it is the best option for me.
12. I strongly and verily believe that my decision to sell and transfer the Assigned
Payments is in my best interest and that the funds I receive from this transaction
can be better used today to provide for the foregoing, rather than for me to wait to
receive the full value of payments several years from now.
13. Stated otherwise, I firmly believe that the proposed transaction will benefit and
improve my life by allowing me to making the be gainfully employed, thereby
loss of only a part of these future structured settlement payments and the receipt
of a lesser sum now similar to an investment in the future which will enhance my
life in a meaningful way. Thus, by receiving and optimizing a lesser sum of
money now, I will be able to enhance my life circumstances in a manner that
waiting for these payments to come.due three years and eight years from now
(and saving each and every payment as they come due) could never do.
14. I have considered other means of raising cash and, after weighing the available
options, have determined that this course for me. I have
transaction is the best
given this transaction significant thought and consideration. My decision to
proceed with this transaction is not only informed, but the best available course to
remedy my current financial needs and circumstances. This transaction will
provide me with a way to improve my overall personal life, and decrease the daily
stress and anxiety which I currently am going through.
15. For these reasons, I feel it is in my best interest to sell the Assigned Payments to
AMCin exchange for an immediate lump sum payment.
16. I was provided with and have reviewed copies of (i) the Sale and
carefully
Assignment Agreement; and (ii) NewYork
Disclosure Statement, as required by
New York law. I carefully reviewed the Sale and Assignment Agreement and
Disclosure Statement and fully understand all of the terms set forth therein.
17. In accordance with New York State law, I was provided with written disclosure
statements at least ten (10) days prior to signing the Sale and Assignment
Agreement. I hereby acknowledge and agree to its contents.
18. As part of the separate written disclosure, I have been advised to seek independent
professional advice in connection with the transfer. hereby waive that advice, as
I
I understand the nature of the transaction and the economic consequences thereof.
19. I understand the nature and terms of the transaction. I am entering into the
transaction with AMC
of my own free will and volition, and without reservation,
duress or undue influence.
2
FILED: KINGS COUNTY CLERK 06/14/2024 10:38 AM INDEX NO. 516513/2024
DocuSign
NYSCEF DOC. NO.ID: 6DA51B849-0F72-4CED-8083-E9651772A96E
Envelope RECEIVED NYSCEF: 06/14/2024
20. There are no additional beneficiaries under the annuity policy that would qualify
as interested parties to this action entitled to receive notice under NewYork law.
21. Based on the foregoing I respectfully request that the Court find that this transfer
is in my best interests, grant the Petition of AMC, and authorize the sale and
transfer of the Assigned Payments.
22. I have never previously sold and transferred the Periodic Payments.
I declare, under penalty of perjury of the laws of the /e York, that this affidavit
State6°/
is true and correct and that this declaration was executed on the 2c ay of June 2024.
6/13/2024
I affirm, pursuant to C.P.L.R. Rule 2106, on this ____ day of
under the penalties of perjury under the laws of New York, which may include a fine or
imprisonment, the foregoing is true, and
that I understand that this document may be filed in
an action or proceeding in a court of law.
DocuSigned
by:
A•ÏÎ ÔRODRIGUEZ
3
Preview
FILED: KINGS COUNTY CLERK 06/14/2024 10:38 AM INDEX NO. 516513/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/14/2024 EXHIBIT "D" . . FILED: KINGS COUNTY CLERK 06/14/2024 10:38 AM INDEX NO. 516513/2024 DocuSign NYSCEF DOC. NO.ID: 6DA51B849-0F72-4CED-8083-E9651772A96E Envelope RECEIVED NYSCEF: 06/14/2024 AFFIDAVIT/AFFIRMATION IN SUPPORT STATEOF NEWYORK ) ) COUNTY OFKINGS ) ss.: ALBERTORODRIGUEZ,being duly sworn, hereby deposes and says: 1. I am of sound mind, sane, sober, not under the of drugs or alcohol, and influence am not suffering from any physical impairment affecting my judgment. Further, I have personal knowledge of the facts and documents stated and described herein. 2. I am fifty-five (55) years old, born on July 3, 1968. 3. I am not married, have one (1) minor child, and have no other dependents or beneficiaries. 4. I am a resident of and domiciled in the State of NewYork, County of Kings. 5. This affidavit is made in support of the application by Assured Management Corporation ("AMC"), which seeks Court approval of the sale and transfer, to AMC, of certain structured settlement payment rights due to me under a structured settlement agreement. 6. That, as a result of a settlement of personal injury / tort claim, I became entitled to receive certain structured settlement payment rights. 7. That, on or about May 30, 2024, I signed a Structured Settlement Annuity Sale and Assignment Agreement ("Sale and Assignment Agreement") with Genex Capital Corporation to sell a portion of the Periodic Payments. 8. In particular, pursuant to the Sale and Assignment Agreement, I have agreed to sell my interest in the following Periodic Payments: one hundred forty-two (142) life contingent monthly payments of $4,095.80, beginning with the payment due and payable on or about March 20, 2049, continuing through to and including the payment due and payable on or about December 20, 2060, with a 3% annual increase on March 20th (the "Assigned Payments"). Pursuant to an Assignment Agreement, dated June 12, 2024, Genex Capital Corporation assigned to Assured Management Corporation, all of its rights and obligations under the Purchase Agreement, including the right to receive the Assigned Payments (defined below and herein). 9. That, in consideration for the sale and transfer of the Assigned Payments, I will receive the gross amount of $6,000.00 from AMC. I understand that I will be giving up my right to receive the Assigned Payments in the future in exchange for a lump sum payment from AMC. FILED: KINGS COUNTY CLERK 06/14/2024 10:38 AM INDEX NO. 516513/2024 DocuSign NYSCEF DOC. NO.ID: 6DA51B849-0F72-4CED-8083-E9651772A96E Envelope RECEIVED NYSCEF: 06/14/2024 10. I understand that must grant permission the Court and approve the sale and transfer of the Assigned Payments to AMC. 11. I will use the money I receive from AMCtowards the purchase of a vehicle. Based on my research, I believe that it is the best option for me. 12. I strongly and verily believe that my decision to sell and transfer the Assigned Payments is in my best interest and that the funds I receive from this transaction can be better used today to provide for the foregoing, rather than for me to wait to receive the full value of payments several years from now. 13. Stated otherwise, I firmly believe that the proposed transaction will benefit and improve my life by allowing me to making the be gainfully employed, thereby loss of only a part of these future structured settlement payments and the receipt of a lesser sum now similar to an investment in the future which will enhance my life in a meaningful way. Thus, by receiving and optimizing a lesser sum of money now, I will be able to enhance my life circumstances in a manner that waiting for these payments to come.due three years and eight years from now (and saving each and every payment as they come due) could never do. 14. I have considered other means of raising cash and, after weighing the available options, have determined that this course for me. I have transaction is the best given this transaction significant thought and consideration. My decision to proceed with this transaction is not only informed, but the best available course to remedy my current financial needs and circumstances. This transaction will provide me with a way to improve my overall personal life, and decrease the daily stress and anxiety which I currently am going through. 15. For these reasons, I feel it is in my best interest to sell the Assigned Payments to AMCin exchange for an immediate lump sum payment. 16. I was provided with and have reviewed copies of (i) the Sale and carefully Assignment Agreement; and (ii) NewYork Disclosure Statement, as required by New York law. I carefully reviewed the Sale and Assignment Agreement and Disclosure Statement and fully understand all of the terms set forth therein. 17. In accordance with New York State law, I was provided with written disclosure statements at least ten (10) days prior to signing the Sale and Assignment Agreement. I hereby acknowledge and agree to its contents. 18. As part of the separate written disclosure, I have been advised to seek independent professional advice in connection with the transfer. hereby waive that advice, as I I understand the nature of the transaction and the economic consequences thereof. 19. I understand the nature and terms of the transaction. I am entering into the transaction with AMC of my own free will and volition, and without reservation, duress or undue influence. 2 FILED: KINGS COUNTY CLERK 06/14/2024 10:38 AM INDEX NO. 516513/2024 DocuSign NYSCEF DOC. NO.ID: 6DA51B849-0F72-4CED-8083-E9651772A96E Envelope RECEIVED NYSCEF: 06/14/2024 20. There are no additional beneficiaries under the annuity policy that would qualify as interested parties to this action entitled to receive notice under NewYork law. 21. Based on the foregoing I respectfully request that the Court find that this transfer is in my best interests, grant the Petition of AMC, and authorize the sale and transfer of the Assigned Payments. 22. I have never previously sold and transferred the Periodic Payments. I declare, under penalty of perjury of the laws of the /e York, that this affidavit State6°/ is true and correct and that this declaration was executed on the 2c ay of June 2024. 6/13/2024 I affirm, pursuant to C.P.L.R. Rule 2106, on this ____ day of under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, the foregoing is true, and that I understand that this document may be filed in an action or proceeding in a court of law. DocuSigned by: A•ÏÎ ÔRODRIGUEZ 3