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Resources For Borrowers Facing SBA Loan Default

Explore vital resources for handling SBA loan default. Learn about legal support, strategies, and solutions to minimize financial impact and protect your future.

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Are you struggling with the daunting possibility of defaulting on your SBA loan? Navigating the complexities of SBA loan defaults can be overwhelming, but understanding the resources and options available to you can make a significant difference. This article provides a comprehensive guide to the resources accessible to borrowers facing SBA loan default, helping you potentially minimize financial repercussions and pursue viable solutions.

Introduction to SBA Loan Default

SBA loans are a critical resource for small businesses, providing necessary capital to foster growth. However, like any financial obligation, there is a risk of default if the borrower is unable to meet the repayment terms. Defaulting on an SBA loan can lead to severe consequences, including significant financial strain and possible damage to personal assets. Hence, it’s crucial to be proactive and informed about the resources available to mitigate these impacts.

Understanding SBA Loan Default

What Constitutes a Default?

A default occurs when you fail to meet the terms of the SBA loan agreement. This can include missing payments, not adhering to loan covenants, or not maintaining required insurance. Once a loan is in default, the lender and SBA have the right to take remedial action, which could include legal proceedings and seizing assets.

Common Reasons for Default

Identifying the reasons for your financial difficulties is essential as part of developing a strategy to address the default. Common reasons for defaulting include cash flow problems, economic downturns, and mismanagement. Understanding these factors is the first step toward rectifying them.

Legal Support from Protect Law Group

Protect Law Group excels in providing legal assistance to borrowers facing SBA loan issues. Nationally recognized for its expertise, the firm offers comprehensive legal services that can help you manage and resolve your SBA debt. Let’s explore the specific services Protect Law Group provides.

Developing Strategies for SBA Debt Collection

The first task is formulating and implementing strategic solutions to counter SBA debt collection actions. Protect Law Group specializes in crafting customized strategies tailored to your specific situation, considering all variables and potential outcomes for optimal resolution.

Legal Authority Application

The application of legal authorities is crucial to reinforce your stance in any litigation or negotiation. Protect Law Group attorneys are skilled in applying pertinent legal principles to support your case effectively, ensuring you have a robust legal framework underpinning your arguments.

Appeals and Litigation

If there are grounds to contest the default, Protect Law Group assists in filing Appeals Petitions with the SBA Office of Hearings and Appeals. This is vital for challenging unfair or erroneous default claims, offering an opportunity to rectify any legal mistakes made during the default process.

Resolving Your Debt: Options and Solutions

SBA Offer in Compromise (OIC)

An SBA Offer in Compromise is a valuable option for borrowers who cannot repay their full loan amounts. This program allows you to settle the debt for less than what is owed. Professionals at Protect Law Group can help determine if this is a suitable option for you and assist in preparing a compelling application.

Structured Workout Agreements

These agreements involve negotiating new repayment terms with the SBA, potentially allowing for extended repayment periods and reduced financial pressure. Protect Law Group’s negotiators work diligently to secure terms that are favorable and realistic for your financial situation.

Administrative Litigation

In some cases, litigation may be necessary. Protect Law Group can represent you in proceedings before the SBA Office of Hearings and Appeals, ensuring your rights and interests are upheld throughout the process.

Mitigating the Consequences of Default

Avoiding Foreclosure and Bankruptcy

The implications of a default can be severe, potentially threatening the viability of your business and personal financial health. Protect Law Group can assist in formulating strategies to avoid foreclosure and bankruptcy, safeguarding your assets and providing peace of mind.

Protecting Your Financial Future

Minimizing damage to your personal and business finances is crucial for long-term stability. Expert legal advice from Protect Law Group can help mitigate these risks by negotiating settlements or alternative payment plans that align with your financial capabilities.

Navigating SBI Loan Default with Expert Assistance

Why Choose Protect Law Group?

Selecting the right legal ally is pivotal when faced with an SBA loan default. Protect Law Group offers numerous advantages, including:

  • Extensive Experience: With years of experience resolving SBA debts, the firm is well-equipped to handle complex cases efficiently.
  • Ethical Standards: Protect Law Group’s commitment to ethical practices ensures that your case is managed with integrity.
  • Use of Technology: Advanced tools and technologies are employed to provide you with accurate and timely information.

Client Experience and Satisfaction

A hallmark of Protect Law Group’s service is their emphasis on client satisfaction. The attorneys prioritize clear communication, ensuring you are informed and comfortable with each step in the resolution process.

Contacting a Legal Professional

Taking the first step toward resolving an SBA loan default often involves consulting with a professional who can provide tailored advice and solutions.

Initial Evaluation and Case Diagnosis

Protect Law Group offers initial case evaluations, where experts diagnose the specific challenges of your situation and explain potential pathways to resolution. They educate you on your options, empowering you to make informed decisions regarding your financial future.

Implementing Effective Plans

Beyond evaluation, the firm aids in implementing comprehensive plans to address your SBA loan challenges. This involves formulating legal arguments, negotiating with creditors, and if necessary, guiding you through litigation processes.

Peace of Mind

Facing an SBA loan default can be immensely stressful. Engaging with experienced professionals can alleviate some of this burden, providing assurance that you have expert advocates committed to your cause.

Conclusion and Next Steps

Navigating the challenges of an SBA loan default is complex, involving legal, financial, and strategic considerations. With the right resources and expert guidance, such as that offered by Protect Law Group, you can effectively manage and potentially overcome these challenges. Whether seeking to negotiate an Offer in Compromise, secure a structured workout, or pursue litigation, having professional support is invaluable. Consider reaching out to a legal expert to discuss your unique situation and develop a plan tailored to your needs.

If you are facing difficulties with an SBA loan default, taking prompt action can help preserve your financial health and safeguard your future. Contacting a professional today could be the pivotal decision that leads to a brighter, more secure financial future.

Frequently Asked Questions

$391,000 SBA COVID EIDL - CROSS-SERVICING DISPUTE | NEGOTIATED REINSTATEMENT & WORKOUT

$391,000 SBA COVID EIDL - CROSS-SERVICING DISPUTE | NEGOTIATED REINSTATEMENT & WORKOUT

Client's small business obtained an SBA COVID EIDL for $301,000 pledging collateral by executing the Note, Unconditional Guarantee and Security Agreement.  The business defaulted on the loan and the SBA CESC called the Note and Guarantee, accelerated the principal balance due, accrued interest and retracted the 30-year term schedule.  

The loan was transferred to the Treasury's Bureau of Fiscal Service which resulted in the statutory addition of $90,000+ in administrative fees, costs, penalties and interest with the total debt now at $391.000+. Treasury also initiated a Treasury Offset Program (TOP) levy against the client's federal contractor payments for the full amount each month - intercepting all of its revenue and pushing the business to the brink of bankruptcy.

The Firm was hired to investigate and find an alternate solution to the bankruptcy option.  After submitting formal production requests for all government records, it was discovered that the SBA failed to send the required Official 60-Day Pre-Referral Notice to the borrower and guarantor prior to referring the debt to Treasury. This procedural due process violation served as the basis to submit a Cross-Servicing Dispute to recall the debt from Treasury back to the SBA and to negotiate a reinstatement of the original 30-year maturity date, a modified workout, cessation of the TOP levy against the federal contractor payments and removal of the $90,000+ Treasury-based collection fees, interest and penalties.

$140,000 SBA 7(a) LOAN – PERSONAL GUARANTY LIABILITY | NEGOTIATED 50% SETTLEMENT

$140,000 SBA 7(a) LOAN – PERSONAL GUARANTY LIABILITY | NEGOTIATED 50% SETTLEMENT

Our firm successfully resolved an SBA 7(a) loan default in the amount of $140,000 on behalf of a husband-and-wife guarantor pair. The business had closed following a prolonged decline in revenue, leaving the borrowers personally liable for the remaining balance.

After conducting a comprehensive financial analysis and preparing a detailed SBA Offer in Compromise (SBA OIC) package, we negotiated directly with the SBA and the lender to achieve a settlement for $70,000 — just 50% of the outstanding balance. This settlement released the borrowers from further personal liability and allowed them to move forward without the threat of enforced collection.

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$310,000 SBA 7A LOAN - SBA OIC TERM WORKOUT

$310,000 SBA 7A LOAN - SBA OIC TERM WORKOUT

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.

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