Failed SBA Loan: Immediate Steps to Take When Your Business Loan Defaults
Facing SBA loan default? Discover critical steps to regain control and manage your business loan obligations effectively. Free case evaluation available.
Explore why preparation matters when seeking an SBA offer in compromise and what borrowers should review before presenting a settlement.
Book a Consultation CallMany businesses of all sizes are struggling with debt. Both new and older troubled businesses have found that government legal action resulting from an SBA loan default magnifies their financial difficulties. An SBA loan foreclosure can also result in the loss of the owner's home and other personal assets.
The Inspector General of the SBA (OIG) has criticized the SBA's oversight of lenders and called for tighter controls. To date, the OIG's aggressive pursuit of lenders, brokers and others has resulted in numerous indictments, convictions and hefty fines. OIG audits of lenders found that 44% of the reviewed loans had inadequate documentation.
A qualified attorney from the Protect Law Group is able to conduct a comprehensive audit of an SBA loan in order to determine if the lender committed fraud or if any regulatory deficiencies or other SOP violations took place. If this audit reveals regulatory mishaps, a petition can be submitted to the SBA (or any other federal agency holding the debt) that will disclose the findings of the audit and ask that any and all collection actions be terminated.
The goal is to show that the SBA debt is not "legally enforceable" so that the government will seek recovery from the fraudulent bank or lender. Because of the Federal Statute of Limitations, the sooner this audit is performed and action is taken, the better.
At some point, a business owner with a past-due loan will receive an SBA demand letter. This letter will state that the loan will be referred to the Department of the Treasury unless an SBA Offer in Compromise is received within 60 days from the date of the letter. This is a one-time opportunity to settle the SBA loan for less than the amount that they say is owed.
The Tax Offset Program is employed by the Treasury to collect a defaulted loan balance. They will take any tax refunds, 15% of any federal benefits such as social security and garnish 15% of your net wages.
The attorneys at Protect Law Group have the knowledge and experience necessary to erase or settle your SBA debt. Don't delay. As a personal guarantor of this debt, your home is in jeopardy. Contact them today for a free case evaluation.
Millions of Dollars in SBA Debts Resolved via Offer in Compromise and Negotiated Repayment Agreements without our Clients filing for Bankruptcy or Facing Home Foreclosure
Millions of Dollars in Treasury Debts Defended Against via AWG Hearings, Treasury Offset Program Resolution, Cross-servicing Disputes, Private Collection Agency Representation, Compromise Offers and Negotiated Repayment Agreements
Our Attorneys are Authorized by the Agency Practice Act to Represent Federal Debtors Nationwide before the SBA, The SBA Office of Hearings and Appeals, the Treasury Department, and the Bureau of Fiscal Service.
Our firm successfully resolved an SBA 7a loan in the original amount of $364,000 for a New Jersey-based borrower. The client filed Chapter 7 bankruptcy but the mortgage on his real estate securing the loan remained in place. The available equity amounted to $263,470 and the deficiency equaled $317,886.
We gathered the pertinent documentation and prepared a comprehensive collateral analysis. We negotiated directly with the SBA, obtaining a full release of the mortgage for $80,000.
The clients are personally guaranteed an SBA 7(a) loan. The SBA referred the debt to the Department of Treasury, which was seeking payment of $487,981 from our clients. We initially filed a Cross-Servicing Dispute, which was denied. As a result, we filed an Appeals Petition with the SBA Office of Hearings and Appeals asserting legal defenses and supporting evidence uncovered during the discovery and investigation phase of our services. Ultimately, the SBA settled the debt for $25,000 - saving our clients approximately $462,981.
The client personally guaranteed an SBA 504 loan balance of $375,000. Debt had been cross-referred to the Treasury at the time we got involved with the case. We successfully had debt recalled to the SBA where we then presented an SBA OIC that was accepted for $58,000.
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