SBA Loan News - Loans to Military Vets
Dealing with an SBA OIC case can be hard. You should allow one of our lawyers to settle SBA debt for you. Talk to us about your SBA loan default.
Contact Our SBA Attorneys for Nationwide Representation of SBA and Treasury Debt Problems
Book a Consultation CallOne strategy you may have chosen to address your SBA debt was to file for bankruptcy. You received your discharge, which absolved you of any personal liability for the SBA debt under your personal guarantee but you directly pledged your home as additional collateral for the SBA loan. Unfortunately, the Chapter 7 bankruptcy did not eliminate the lien on your home.
Many times, SBA debtors are under the mistaken belief that Chapter 7bankruptcy discharges the lien or maybe the SBA debtors were otherwise unaware of the SBA lien. Other situations where an SBA lien release for consideration may arise include the death of a spouse, who was the sole personal guarantor on an SBA guaranteed loan leaving the surviving spouse to try and resolve the SBA lien or a divorce wherein the non-liable spouse not only inherits the home, but also the SBA lien that runs with it.
Under certain circumstances, you may have the opportunity to negotiate a release of the SBA lien for consideration. In other words, you can offer to buy out the SBA lien. Several factors may go into what the amount of consideration will be, but the most important factor will be how much “equity” in the home is covered by the SBA lien. The SBA and/or third-party lender will appraise the fair market value of your home, the amount of any senior liens, and the projected recovery in a forced sale. Our SBA Attorneys possess the knowledge and experience to negotiate SBA lien releases for consideration in these scenarios.
Naturally, the SBA and/or the third-party lender will want to extract as much money as possible from you. It’s best to have experienced SBA Attorneys on your side to help protect your interests and try to prevent the SBA or the bank from taking advantage of you and foreclosing the SBA lien held against your home.
If you are faced with an SBA lien on your home, contact Protect Law Group today for a Case Evaluation.
Under certain circumstances, you may have the opportunity to negotiate a release of the SBA lien for consideration. In other words, you can offer to buy out the SBA lien. Several factors may go into what the amount of consideration will be, but the most important factor will be how much “equity” in the home is covered by the SBA lien. The SBA and/or third-party lender will appraise the fair market value of your home, the amount of any senior liens, and the projected recovery in a forced sale. Our SBA Attorneys possess the knowledge and experience to negotiate SBA lien releases for consideration in these scenarios.
Naturally, the SBA and/or the third-party lender will want to extract as much money as possible from you. It’s best to have experienced SBA Attorneys on your side to help protect your interests and try to prevent the SBA or the bank from taking advantage of you and foreclosing the SBA lien held against your home.
If you are faced with an SBA lien on your home, contact Protect Law Group today for a Case Evaluation.
Our firm successfully assisted a client in closing an SBA Disaster Loan tied to a COVID-19 Economic Injury Disaster Loan (EIDL). The borrower obtained an EIDL loan of $153,800, but due to the prolonged economic impact of the COVID-19 pandemic, the business was unable to recover and ultimately closed.
As part of the business closure review and audit, we worked closely with the SBA to negotiate a resolution. The borrower was required to pay only $1,625 to release the remaining collateral, effectively closing the matter without further financial liability for the owner/officer.
This case highlights the importance of strategic negotiations when dealing with SBA settlements, particularly for businesses that have shut down due to unforeseen economic challenges. If you or your business are struggling with SBA loan debt, we focus on SBA Offer in Compromise (SBA OIC) solutions to help settle outstanding obligations efficiently.
Clients personally guaranteed an SBA 504 loan balance of $337,000. The Third Party Lender had obtained a Judgment against the clients. We represented clients before the SBA and negotiated an SBA OIC that was accepted for $30,000.
Clients obtained an SBA 7(a) loan for $324,000 to buy a small business and its facility. The business and real estate had an appraisal value of $318,000 at the time of purchase. The business ultimately failed but the participating lender abandoned the business equipment and real estate collateral even though it had valid security liens. As a result, the lender recouped nearly nothing from the pledged collateral, leaving the business owners liable for the deficiency balance. The SBA paid the lender the 7(a) guaranty money and was assigned ownership of the debt, including the right to collect. However, the clients never received the SBA Official 60-Day Notice and were denied the opportunity to negotiate an Offer in Compromise (OIC) or a Workout directly with the SBA before being transferred to Treasury's Bureau of Fiscal Service, which added an additional $80,000 in collection fees. Treasury garnished and offset the clients' wages, federal salary and social security benefits. When the clients tried to negotiate with Treasury by themselves, they were offered an unaffordable repayment plan which would have caused severe financial hardship. Clients subsequently hired the Firm to litigate an Appeals Petition before the SBA Office & Hearings Appeals (OHA) challenging the legal enforceability and amount of the debt. The Firm successfully negotiated a term OIC that was approved by the SBA Office of General Counsel, saving the clients approximately $205,000.
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