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What Is An SBA Loan Default?

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.

Have you ever wondered, “What is an SBA Loan Default”?

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: A Brief Introduction and Overview

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:

  • Establishing and implementing proactive strategies to successfully navigate and potentially resolve your SBA debt collection issues.
  • Utilizing legal authorities to advocate for your stance.
  • Reviewing the grounds for filing Appeals Petitions with the SBA OHA.
  • Investigating any factual, procedural, and legal errors and how to prosecute or defend against them.
  • Intervening in response to notices dispatched by or on behalf of the SBA regarding administrative offset, federal salary offset, federal contractor pay offset, military pay, pension, or annuity offset.

Nationwide Authorized Representation

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.

Specific SBA-related Services

Protect Law Group offers a variety of services related to SBA loans:

  1. SBA Offer in Compromise (OIC): This service provides qualifying small businesses with the option to settle their SBA debt for a lower amount than what’s owed.
  2. Structured Workout: This is an agreement, negotiated between the SBA and you, extending your repayment period.
  3. Administrative litigation services: Protect Law Group attorneys can represent you in litigation before the SBA Office of Hearings and Appeals.
  4. Negotiation services: Protect Law Group’s skilled negotiators can work with the SBA and lenders to secure the best possible terms for you.
  5. Litigation services: If the SBA sues you, Protect Law Group can review your case and suggest the best course of action.
  6. Cross-Servicing Disputes: The firm can assist you in formally preparing a Petition for Cross-Servicing Dispute if your debt has been transferred to the Treasury’s Bureau of Fiscal Service.

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.

Key Advantages of Utilizing Protect Law Group’s Services

Protect Law Group makes several offerings to their clients, including:

  • Extensive experience and expertise in resolving SBA debts.
  • A track record of resolving millions of dollars in SBA debts through OIC and Negotiated Repayment Agreements.
  • Highly skilled negotiators.
  • The ability to deliver peace of mind during a challenging period.

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.

Understanding SBA Loan Default

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:

Common SBA Loan Default Questions

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.

 

Frequently Asked Questions

$680,000 SBA COVID-EIDL LOAN - SBA OHA LITIGATION

$680,000 SBA COVID-EIDL LOAN - SBA OHA LITIGATION

Small business sole proprietor obtained an SBA COVID-EIDL loan for $500,000. Client defaulted causing SBA to charge-off the loan, accelerate the balance and refer the debt to Treasury's Bureau of Fiscal Service for aggressive collection. Treasury added $180,000 in collection fees totaling $680,000+. Client tried to negotiate with Treasury but was only offered a 3-year or 10-year repayment plan. Client hired the Firm to represent before the SBA, Treasury and a Private Collection Agency.  After securing government records through discovery and reviewing them, we filed an Appeals Petition with the SBA Office of Hearings & Appeals (OHA) court challenging the SBA's referral of the debt to Treasury citing a host of purported violations. The Firm was able to negotiate a reinstatement and recall of the loan back to the SBA, participation in the Hardship Accommodation Plan, termination of Treasury's enforced collection and removal of the statutory collection fees.

$150,000 SBA COVID-19 EIDL – BUSINESS CLOSURE REVIEW & COLLATERAL RELEASE | NEGOTIATED RESOLUTION

$150,000 SBA COVID-19 EIDL – BUSINESS CLOSURE REVIEW & COLLATERAL RELEASE | NEGOTIATED RESOLUTION

Our firm successfully resolved an SBA COVID-19 Economic Injury Disaster Loan (EIDL) default in the amount of $150,000 on behalf of Illinois-based client. After the business permanently closed due to the economic impacts of the pandemic, the owners faced potential personal liability if the business collateral was not liquidated properly under the SBA Security Agreement.

We guided the client through the SBA’s Business Closure Review process, prepared a comprehensive financial submission, and negotiated directly with the SBA to release the collateral securing the loan. The borrower satisfied their collateral obligations with a payment of  $2,075, resolving the SBA’s security interest.

$298,000 SBA 7A LOAN - NEGOTIATED WORKOUT AGREEMENT

$298,000 SBA 7A LOAN - NEGOTIATED WORKOUT AGREEMENT

Clients obtained an SBA 7(a) loan for their small business in the amount of $298,000. They pledged their primary residence and personal guarantees as direct collateral for the loan. The business failed, the lender was paid the 7(a) guaranty money and the debt was assigned to the SBA.  Clients received the Official 60-Day Notice giving them a couple of options to resolve the debt balance directly with the SBA before referral to Treasury's Bureau of Fiscal Service. The risk of referral to Treasury would add nearly $95,000 to the SBA principal loan balance. With the default interest rate at 7.5%, the amount of money to pay toward interest was projected at $198,600. Clients hired the Firm with only 4 days left to respond to the 60-Day due process notice.  Because the clients were not eligible for an Offer in Compromise (OIC) due to the significant equity in their home and the SBA lien encumbering it, the Firm Attorneys proposed a Structured Workout to resolve the SBA debt.  After back and forth negotiations, the SBA Loan Specialist assigned to the case approved the Workout terms which prevented potential foreclosure of their home, but also saved the clients approximately $294,000 over the agreed-upon Workout term with a waiver of all contractual and statutory administrative fees, collection costs, penalties, and interest.

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