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Dictionary · Litigation finance

Secondary Sale

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A secondary sale is the sale of an existing legal-asset position, or a whole book of them, by the holder to another investor. It converts a position that would otherwise be held to resolution into cash at a negotiated price.

Funders sell positions to manage concentration, return capital to investors or exit a vintage. A buyer underwrites the same file the seller did, but with fresher information, since matters have moved since origination, and with a view on the price needed to earn the buyer's own return.

The sale depends on trustworthy data. A buyer needs the tape, the history of each matter, the provenance of the records and a clear statement of what the seller has verified and what the seller has only been told.

A secondary sale is not a refinancing of the original position. It transfers economic exposure, subject to the consent and assignment terms of the underlying agreements.

Where This Appears
Also defined elsewhere in Criterica
Related Terms
TapeMarkRe-UnderwritingCollateral ReadVintage

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