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.
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 borrowed and personally guaranteed an SBA 7(a) loan. Clients defaulted on the SBA loan and were sued in federal district court for breach of contract. The SBA lender demanded the Client pledge several personal real estate properties as collateral to reinstate and secure the defaulted SBA loan. We were subsequently hired to intervene and aggressively defend the lawsuit. After several months of litigation, our attorneys negotiated a reinstatement of the SBA loan and a structured workout that did not involve any liens against the Client's personal real estate holdings.
Clients personally guaranteed an SBA 7(a) loan that was referred to the Department of Treasury for collection. Treasury claimed our clients owed over $220,000 once it added its statutory collection fees and interest. We were able to negotiate a significant reduction of the total claimed amount from $220,000 to $119,000, saving the clients over $100,000 by arguing for a waiver of the statutory 28%-30% administrative fees and costs.
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