How To Avoid SBA Loan Defaults
Discover strategies to prevent SBA loan defaults, safeguard your business, and secure professional guidance for effective debt management and resolution.
Understand SBA loan default, its implications and how to tackle it, with the help of expert legal services offered by Protect Law Group in this insightful guide.
Perhaps you’re currently dealing with financial problems within your business and are fearing the prospect of defaulting on an SBA loan. Let’s take a thorough look at what this entails.
Protect Law Group primarily offers expert legal services that specialize in addressing your SBA and Treasury debt issues. Catering to small business owners and federal debtors throughout the United States, they provide a wide range of services to aid in resolving SBA loans and debt intricacies. These services include:
Protect Law Group attorneys have the permissions conferred by the Agency Practice Act to represent federal debtors across the country. Their jurisdictions cover the SBA, the SBA Office of Hearings and Appeals, the Treasury Department, and the Bureau of Fiscal Service. The attorneys are responsible for conducting initial case evaluations and diagnosing your case issues. They also take up the role of educators explaining your options and help in implementing an effective plan designed to resolve your SBA loan problems.
These attorneys follow a strict ethical code and leverage cutting-edge technologies to provide you with relevant information about your case in a cost-effective manner.
Protect Law Group offers a variety of services related to SBA loans:
Their aim is to manage your SBA debt in such a way that it causes minimal harm to your business or personal asset base while also avoiding foreclosure, bankruptcy, and other negative outcomes of loan default.
Protect Law Group makes several offerings to their clients, including:
What sets Protect Law Group apart from others in the industry includes their team of educated attorneys who have mastered the six key principles necessary to resolve your SBA loan problems, and a customer experience that surpasses expectations.
If you borrow money from the Small Business Administration (SBA), the expectation is for you to repay the full amount. Failure to do so results in the SBA declaring your loan to be in default, which could potentially trigger severe repercussions such as foreclosure, bankruptcy, or seizure of personal assets.
So, if you are currently facing an SBA loan default or carrying a heavy burden of SBA debt, Protect Law Group can help. Don’t hesitate to reach out to them for a case evaluation. Remember, the first step towards resolving a problem is acknowledging its existence and seeking help.
Here are 10 relevant FAQs based on common search queries related to SBA loan defaults:
1. What happens if I default on my SBA loan?
When you default on an SBA loan, the lender may demand immediate payment, seize collateral, and the SBA may pursue legal action to recover the debt through personal assets.
2. How long before an SBA loan goes into default?
An SBA loan typically goes into default after 60 days of missed payments, though specific terms may vary by lender.
3. Can I negotiate an SBA loan default settlement?
Yes, borrowers can negotiate an “Offer in Compromise” with the SBA to settle the debt for less than the full amount owed.
4. Will SBA loan default affect my personal credit?
Yes, an SBA loan default will significantly impact your personal credit score since these loans typically require personal guarantees.
5. Can the SBA garnish wages for defaulted loans?
Yes, the SBA has the authority to garnish wages and can collect up to 15% of disposable income through Treasury Offset Program.
6. What assets can the SBA seize in a default?
The SBA can seize business assets, personal property, and bank accounts that were listed as collateral or covered under the personal guarantee.
7. How can I prevent SBA loan default?
Prevention strategies include maintaining open communication with lenders, requesting payment modifications, and seeking professional financial advice early.
8. Is bankruptcy an option for SBA loan default?
While bankruptcy is possible, SBA loans are typically more difficult to discharge than conventional loans, and personal guarantees may still apply.
9. Can I get another SBA loan after defaulting?
Generally, defaulting on an SBA loan makes you ineligible for future SBA loans unless the default is fully resolved.
10. What is an SBA Offer in Compromise (OIC)?
An OIC is a formal proposal to the SBA to settle the debt for less than the full amount owed, typically requiring proof of financial hardship.
Client’s small business obtained an SBA 7(a) loan for $150,000. He and his wife signed personal guarantees and pledged their home as collateral. The SBA loan went into default, the term or maturity date was accelerated and demand for payment of the entire amount claimed was made. The SBA lender’s note gave it the right to adjust the default interest rate from 7.25% to 18% per annum. The business filed for Chapter 11 bankruptcy but was dismissed after 3 years due to its inability to continue with payments under the plan. Clients wanted to file for Chapter 7 bankruptcy, which would have been a mistake as their home had significant equity to repay the SBA loan balance in full as the Trustee would likely seize and sell the home to repay the secured and unsecured creditors. However, the SBA lender opted to pursue the SBA 7(a) Guaranty and subsequently assigned the loan and the right to enforce collection to the SBA. Clients then received the SBA Official 60-Day Notice and hired the Firm to respond to it and negotiate on their behalf. Clients disputed the SBA’s alleged balance of $148,000, as several payments made to the SBA lender during the Chapter 11 reorganization were not accounted for. To challenge the SBA’s claimed debt balance, the Firm Attorneys initiated expedited discovery to obtain government records. SBA records disclosed the true amount owed was about $97,000. Moreover, because the Clients’ home had significant equity, they were not eligible for an Offer in Compromise or an immediate Release of Lien for Consideration, despite being incorrectly advised by non-attorney consulting companies that they were. Instead, our Firm Attorneys recommended a Workout of $97,000 spread over a lengthy term and a waiver of the applicable interest rate making the monthly payment affordable. After back and forth negotiations, SBA approved the Workout proposal, thereby saving the home from imminent foreclosure and reducing the Clients' liability by nearly $81,000 in incorrect principal balance, accrued interest, and statutory collection fees.
Client personally guaranteed SBA 7(a) loan for $350,000. The small business failed but because of the personal guarantee liability, the client continued to pay the monthly principal & interest out-of-pocket draining his savings. The client hired a local attorney but quickly realized that he was not familiar with SBA-backed loans or their standard operating procedures. Our firm was subsequently hired after the client received the SBA's official 60-day notice. After back-and-forth negotiations, we were able to convince the SBA to reinstate the loan, retract the acceleration of the outstanding balance, modify the original terms, and approve a structured workout reducing the interest rate from 7.75% to 0% and extending the maturity date for a longer period to make the monthly payments affordable. In conclusion, not only we were able to help the client avoid litigation and bankruptcy, but our SBA lawyers also saved him approximately $227,945 over the term of the workout.
Clients' 7(a) loan was referred to Treasury's Bureau of Fiscal Service for enforced collection in 2015. They not only personally guaranteed the loan, but also pledged their primary residence as additional collateral. One of the clients filed for Chapter 7 bankruptcy thinking that it would discharge the SBA 7(a) lien encumbering their home. They later discovered that they were mistakenly advised. The Firm was subsequently hired to review their case and defend against a series of collection actions. Eventually, we were able to negotiate a structured workout for $180,000 directly with the SBA, saving them approximately $250,000 (by reducing the default interest rate and removing Treasury's substantial collection fees) and from possible foreclosure.