How to Release Your Personal Guarantee on an SBA Loan
Learn how to release your personal guarantee on an SBA loan by exploring options like loan assumption, asset sales, and SBA loan modifications to protect your assets.
Discover the latest EIDL developments: SBA cuts staff in Fort Worth, creating delays, and no offers in compromise approved, impacting small businesses' relief efforts.
Are you wondering how the latest developments in the Economic Injury Disaster Loan (EIDL) program might affect you or your small business? Navigating the Small Business Administration’s (SBA) recent staff reductions and the ongoing challenges with offers in compromise can feel overwhelming. This article, tailored for clients of Protect Law Group, aims to provide clarity on these updates and explore potential strategies for moving forward.
The EIDL program was established by the SBA to provide economic relief to small businesses and non-profits experiencing revenue loss due to disasters, such as the COVID-19 pandemic. Its primary goal is to help businesses maintain operations during challenging times.
The SBA administers the EIDL program, handling applications, managing accounts, and addressing borrower inquiries. The effectiveness of these processes is critical for the program’s success and the survival of many small businesses.
One of the most significant changes impacting the EIDL program is the reduction of SBA staff, particularly in Fort Worth, Texas. This decision has far-reaching implications for borrowers.
The Fort Worth EIDL servicing center was a key hub for managing inquiries and servicing loan accounts. It played a pivotal role in addressing the high demand for EIDL loans during the pandemic.
As of May 5th, the staff cuts have significantly affected EIDL loan servicing operations. Borrowers no longer have access to live phone support, and communications are now limited to emails or messages through the SBA portal, which may take up to ten business days for a response. This delay can be particularly frustrating for those in urgent situations.
Another major roadblock for borrowers is the lack of progress with offers in compromise, which allow borrowers in financial distress to settle their debts for less than what they owe. Unfortunately, approvals remain nonexistent.
While borrowers have been receiving paperwork for offers in compromise, no approvals have been reported. This highlights a disconnect between what appears to be available and what is actually achievable.
Several factors may contribute to the lack of approvals, including a focus on addressing fraud within the system and systemic inefficiencies that hinder the approval process.
Political will appears to be lacking when it comes to addressing these issues, further complicating the situation for borrowers.
Recent political discussions have prioritized addressing fraud within the EIDL program, overshadowing the struggles of honest borrowers. Many businesses are suffering from genuine financial distress, not fraudulent activities.
Policymakers need to balance the focus on fraud with tangible support for struggling borrowers. Approving offers in compromise or providing alternative relief options should be prioritized.
In light of these challenges, borrowers must adopt practical strategies to navigate this complex landscape. Protect Law Group offers the following advice:
Since direct phone support is no longer available, document all communications with the SBA via email or the portal. Keeping a clear record of correspondences can be useful in case of disputes or clarifications.
Know your financial standing and obligations to the SBA. This understanding is crucial if you consider negotiating offers in compromise.
Monitor updates related to EIDL, especially regarding changes in policies or relief options. Staying informed will help you make better decisions and seize new opportunities as they arise.
The recent EIDL updates present a challenging scenario for small business owners. With the SBA cutting staff in Fort Worth and no offers in compromise being approved, navigating the economic recovery journey requires strategic approaches and constant adaptation.
Being informed is crucial. By understanding the current state of affairs and staying engaged with developments, you can better position your business for future success.
If you’re feeling overwhelmed, consider consulting with Protect Law Group. Their experienced SBA attorneys and Federal Agency Practitioners specialize in providing tailored solutions for SBA loan issues. Contact them at (833) 428-0937 for a case evaluation and personalized advice.
Ultimately, navigating the uncertainties of the EIDL program requires patience, proactive communication, and strategic planning. Protect Law Group is here to help you secure solutions for your business.
Are you struggling to navigate the recent changes in the EIDL program, including the SBA's staff cuts in Fort Worth and the lack of approved offers in compromise? Protect Law Group specializes in providing expert guidance for individuals and businesses dealing with SBA loan issues. Our experienced team of SBA Attorneys and Federal Agency Practitioners is ready to help you understand your options and develop actionable solutions tailored to your unique situation. Don't face these challenges alone—contact us today for a case evaluation at (833) 428-0937 and take the first step toward resolving your SBA loan concerns.
The EIDL (Economic Injury Disaster Loan) program is designed by the Small Business Administration (SBA) to provide economic relief to small businesses and non-profit organizations experiencing temporary revenue loss due to disasters, such as the COVID-19 pandemic. Its goal is to help businesses maintain operations during challenging times.
The reduction of SBA staff in Fort Worth, Texas, has significantly impacted EIDL loan servicing. The removal of live phone support means borrowers can no longer access immediate assistance for their queries. Communications are now limited to emails or messages through the SBA portal, which can take up to ten business days for a response, causing delays and frustration for borrowers.
Offers in compromise allow borrowers in financial distress to settle their debts for less than the owed amount. However, despite borrowers receiving paperwork for these offers, no approvals have been reported. This lack of progress may be due to a focus on addressing fraud, systemic inefficiencies, and policy limitations within the SBA.
Recent political discussions have prioritized addressing fraud within the EIDL program, overshadowing the financial struggles of honest borrowers. This focus has delayed tangible support for businesses genuinely in distress, leaving them with fewer options for relief.
Borrowers should communicate proactively by documenting all interactions with the SBA via email or the portal. They should also understand their financial position and obligations to the SBA, stay informed about policy updates, and consider consulting with experts specializing in SBA loan issues for personalized advice.
Policymakers need to balance their focus on fraud prevention with providing tangible support for struggling borrowers. Approving offers in compromise, addressing systemic inefficiencies, and introducing alternative relief options are essential steps to help businesses recover and thrive.
Clients borrowed and personally guaranteed an SBA 7(a) loan. Clients defaulted on the SBA loan and were sued in federal district court for breach of contract. The SBA lender demanded the Client pledge several personal real estate properties as collateral to reinstate and secure the defaulted SBA loan. We were subsequently hired to intervene and aggressively defend the lawsuit. After several months of litigation, our attorneys negotiated a reinstatement of the SBA loan and a structured workout that did not involve any liens against the Client's personal real estate holdings.
Client personally guaranteed an SBA 7(a) loan for $100,000 from the lender. The SBA loan went into early default in 2006 less than 12 months from disbursement. The SBA paid the 7(a) guaranty monies to the lender and subsequently acquired the deficiency balance of about $96,000, including the right to collect against the guarantor. However, the SBA sent the Official 60-Day Due Process Notice to the Client's defunct business address instead of his personal residence, which he never received. As a result, the debt was transferred to Treasury's Bureau of Fiscal Service where substantial collection fees were assessed, including accrued interest per the promissory note. Treasury eventually referred the debt to a Private Collection Agency (PCA) - Pioneer Credit Recovery, Inc. Pioneer sent a demand letter claiming a debt balance of almost $310,000 - a shocking 223% increase from the original loan amount assigned to the SBA. Client's social security disability benefits were seized through the Treasury Offset Program (TOP). Client hired the Firm to represent him as the debt continued to snowball despite seizure of his social security benefits and federal tax refunds as the involuntary payments were first applied to Treasury's collection fees, then to accrued interest with minimal allocation to the SBA principal balance.
We initially submitted a Cross-Servicing Dispute (CSD) challenging the referral of the debt to Treasury based on the defective notice sent to the defunct business address. Despite overwhelming evidence proving a violation of the Client's Due Process rights, the SBA still rejected the CSD. As a result, an Appeals Petition was filed with the SBA Office of Hearings & Appeals (OHA) Court challenging the SBA decision and its certification the debt was legally enforceable in the amount claimed. After several months of litigation before the SBA OHA Court, our Firm Attorney successfully negotiated an Offer in Compromise (OIC) Term Workout with the SBA Supervising Trial Attorney for $82,000 spread over a term of 74 months at a significantly reduced interest rate saving the Client an estimated $241,000 in Treasury collection fees, accrued interest (contract interest rate and Current Value of Funds Rate (CVFR)), and the PCA contingency fee.
Clients personally guaranteed SBA 504 loan balance of $750,000. Clients also pledged the business’s equipment/inventory and their home as additional collateral. Clients had agreed to a voluntary sale of their home to pay down the balance. We intervened and rejected the proposed home sale. Instead, we negotiated an acceptable term repayment agreement and release of lien on the home.