Are Shareholders Liable for a Default on an SBA Loan?
Explore shareholder liability for SBA loan defaults. Learn about ownership thresholds, guarantees, and safeguarding your investment in a complex financial landscape.
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.
Protect Law Group specializes in assisting individuals and businesses with SBA loan challenges. If you own at least 20% of a business financed by an SBA loan, you may already understand the commitment involved. A personal guarantee means pledging to repay the lender—and possibly the government—if your business defaults. This responsibility is significant, but there are ways to potentially release yourself from this obligation if your business faces financial instability.
A personal guarantee is a legal promise by business owners to repay an SBA loan if the business cannot. It provides lenders with additional security and is often a necessary step to secure financing.
Lenders require personal guarantees to mitigate risk. Small businesses can be unpredictable, and a personal guarantee offers lenders a secondary recourse if the business fails to meet its obligations.
Accepting a personal guarantee puts your personal assets—such as your home, savings, and other property—at risk if the business defaults. Understanding these stakes is crucial before committing to a personal guarantee.
Protect Law Group offers solutions for those seeking to release personal guarantees. Here are some options:
A third party may assume your business and the associated SBA loan, potentially releasing your personal guarantee. This requires lender approval and negotiation.
Selling business assets to a third party for fair value can allow you to settle the remaining balance through an SBA Offer in Compromise. This process can relieve debts and obligations tied to the personal guarantee.
Modifying your SBA loan terms can rejuvenate your business. Adjustments to the balance, payment terms, or interest rate can provide relief and reduce the threat of personal liability.
Failing to uphold a personal guarantee can lead to severe consequences:
Protect Law Group emphasizes the importance of being proactive if financial trouble arises. Early action can prevent default and open discussions with lenders.
Contacting your lender early can lead to solutions or guidance. Presenting a clear financial picture may encourage lenders to work out terms to avoid default.
Consulting financial advisors or SBA loan default attorneys can provide insights and alternatives. Protect Law Group’s experienced attorneys can guide you through policies and procedures to manage obligations.
Your business may qualify for SBA debt relief programs. These programs can reduce financial burdens and restructure repayment terms, offering significant relief.
If default is unavoidable, understanding the SBA collections process can help you prepare and make informed decisions.
The process begins with lender notifications about missed payments, offering opportunities to negotiate new terms or payment plans.
If the lender charges off your debt, it may be transferred to the U.S. Treasury for collection. This can result in administrative actions like offsetting tax refunds or federal payments.
Protect Law Group is dedicated to helping clients navigate the complexities of SBA loans and personal guarantees. By staying informed, communicating with lenders, and seeking professional guidance, you can protect your business and personal interests. Whether through modifications, assumptions, or asset sales, understanding your options empowers you to make sound financial decisions aligned with your goals.
Contact Protect Law Group at (833) 428-0937 for personalized support and case evaluations.
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Are you feeling overwhelmed by the weight of a personal guarantee on your SBA loan? Protect Law Group is here to help. With a team of experienced SBA Attorneys and Federal Agency Practitioners, we specialize in guiding business owners through the complexities of SBA loan challenges. Whether you're exploring options like loan assumptions, asset sales, or SBA loan modifications, our experts provide tailored solutions to help you navigate these critical decisions. Contact us today at (833) 428-0937 for a case evaluation and take the first step toward financial relief and peace of mind.
A personal guarantee on an SBA loan is a legal promise made by business owners to repay the loan if their business cannot. It provides lenders with an additional level of security and ensures that the borrower is personally liable for the loan repayment.
Lenders require personal guarantees to mitigate risk. Since small businesses can be unpredictable, a personal guarantee offers lenders assurance that they have a secondary line of recourse if the business fails to meet its loan obligations.
Signing a personal guarantee means that your personal assets, such as your house, savings, and other property, are at risk if your business defaults on the loan. This can have significant financial consequences for your personal life.
Options to release a personal guarantee include loan assumption, where a third party takes over the loan; selling business assets and settling the remaining balance through an SBA Offer in Compromise; or pursuing an SBA loan modification to adjust loan terms and potentially stabilize the business.
Failing to honor a personal guarantee can lead to legal action by the lender, referral of the debt to the U.S. Treasury for collection, wage garnishment, and damage to your personal credit score, which can affect your future borrowing capacity.
Business owners can proactively manage challenges by communicating with lenders early, seeking professional advice from financial advisors or SBA loan default attorneys, and exploring debt relief options such as SBA programs designed to restructure repayment terms.
The client personally guaranteed an SBA 7(a) loan for $150,000. His business revenue decreased significantly causing default and an accelerated balance of $143,000. The client received the SBA's Official 60-day notice with the debt scheduled for referral to the Treasury’s Bureau of Fiscal Service for aggressive collection in less than 26 days. We were hired to represent him, respond to the SBA's Official 60-day notice, and prevent enforced collection by the Treasury and the Department of Justice. We successfully negotiated a structured workout with an extended maturity date that included a reduction of the 14% interest rate and removal of substantial collection fees (30% of the loan balance), effectively saving the client over $242,000.
Client personally guaranteed SBA 7(a) loan balance of over $150,000. Business failed and eventually shut down. SBA then pursued client for the balance. We intervened and was able to present an SBA OIC that was accepted for $30,000.
Client received the SBA's Official 60-Day Notice for a loan that was obtained by her small business in 2001. The SBA loan went into default in 2004 but after hearing nothing from the SBA lender or the SBA for 20 years, out of the blue, she received the SBA's collection due process notice which provided her with only one of four options: (1) repay the entire accelerated balance immediately; (2) negotiate a repayment arrangement; (3) challenge the legal enforceability of the debt with evidence; or (4) request an OHA hearing before a U.S. Administrative Law Judge.
Client hired the Firm to represent her with only 13 days left before the expiration deadline to respond to the SBA's Official 60-Day Notice. The Firm attorneys immediately researched the SBA's Official loan database to obtain information regarding the 7(a) loan. Thereafter, the Firm attorneys conducted legal research and asserted certain affirmative defenses challenging the legal enforceability of the debt. A written response was timely filed to the 60-Day Notice with the SBA subsequently agreeing with the client's affirmative defenses and legal arguments. As a result, the SBA rendered a decision immediately terminating collection of the debt against the client's alleged personal guarantee liability saving her $50,000.