5 Factors to Consider in an SBA Offer in Compromise
Offer in Compromise is a way for a small business to close when it is clear that they won't be able to pay their debts, but here are 5 factors to consider
You're not alone if you are facing an SBA loan default. In fact, over the past few decades, SBA loan defaults have added up to almost $3.5 billion. Protect Law Group is a SBA debt resolution law firm that helps small business owners facing SBA loan default. Below, we'll go over what you need to know if this is you. Contact us for a free consultation today!
It's crucial that you understand the SBA loan default collection process so that you can come to terms with your lender. First, the SBA will send you a 60-day demand letter. This is a letter that states you have 60 days to arrange for payment before it goes to collection.
Of course, you want to respond to your lenders and be willing to work with them in order to ensure you don't lose everything. An SBA offer in compromise is available for those businesses that are no longer in operation and that have sold all of their assets in an attempt to pay down their debt. An offer in compromise is settlement.
Your offer in compromise may be accepted or rejected, whereby you can submit another offer. The SBA or your lender may forgive all or part of your debt, which, for many, is ideal.
With so much at stake, especially if you've put up your home as collateral, it's crucial that you partner with a top-rated SBA loan default attorney who understands the laws and can work to ensure you have the most favorable terms possible. Protect Law Group offers SBA loan services. Learn more today.
When dealing with the federal government that has an unlimited amount of time and money on their hands to collect the debt you owe, you need an expert in your corner who can fight back. Call Protect Law Group and our SBA attorneys today!
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.
Clients executed several trust deeds pledging seven (7) real estate properties and unconditional personal guarantees for an SBA 7(a) loan from the participating lender. The clients' small business failed and eventually defaulted on repayment of the loan exposing all collateral pledged by the clients. The SBA subsequently acquired the loan balance from the lender, including the right to liquidate and collect all pledged collateral pursuant to the trust deed instruments.
The Firm was hired to negotiate separate release of lien proposals for all 7 real estate properties. In preparation for the work assignment, the Firm Attorneys initiated discovery to secure records from the SBA and Treasury's Bureau of Fiscal Service. After reviewing the records and understanding the interplay between the lender and the SBA, the attorneys then prepared, submitted and negotiated the release of lien (ROL) for each of the 7 real estate properties for consideration.
After submitting the proposals, the assigned SBA Loan Specialists approved each ROL package - significantly reducing the total SBA debt claimed.
The client personally guaranteed an SBA 7(a) loan for $150,000. His business revenue decreased significantly causing default and an accelerated balance of $143,000. The client received the SBA's Official 60-day notice with the debt scheduled for referral to the Treasury’s Bureau of Fiscal Service for aggressive collection in less than 26 days. We were hired to represent him, respond to the SBA's Official 60-day notice, and prevent enforced collection by the Treasury and the Department of Justice. We successfully negotiated a structured workout with an extended maturity date that included a reduction of the 14% interest rate and removal of substantial collection fees (30% of the loan balance), effectively saving the client over $242,000.
Our firm successfully facilitated the SBA settlement of a COVID-19 Economic Injury Disaster Loan (EIDL) where borrower received an SBA disaster loan of $150,000, but due to the severe economic impact of the COVID-19 pandemic, the business was unable to recover.
Despite the borrower’s efforts to maintain operations, shutdowns and restrictions significantly reduced the customer base and revenue, making continued operations unsustainable. After a thorough business closure review, we negotiated with the SBA, securing a resolution where the borrower paid only $6,015 to release the collateral, with no further financial liability for the owner/officer.
This case demonstrates how businesses affected by the pandemic can navigate SBA loan settlements effectively. If your business is struggling with an SBA EIDL loan, we specialize in SBA Offer in Compromise (SBA OIC) solutions to help close outstanding debts while minimizing financial burden.
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