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.
Client personally guaranteed an SBA 7(a) loan to help with a relative’s new business venture. After the business failed, Treasury was able to secure a recurring Treasury Offset Program (TOP) levy against his monthly Social Security Benefits based on the claim that he owed over $1.2 million dollars. We initially submitted a Cross-Servicing Dispute, but then, prepared and filed an Appeals Petition with the SBA Office of Hearings and Appeals (SBA OHA). As a result of our efforts, we were able to convince the SBA to not only terminate the claimed debt of $1.2 million dollars against our client (without him having to file bankruptcy) but also refund the past recurring amounts that were offset from his Social Security Benefits in connection with the TOP levy.
Client personally guaranteed SBA 7(a) loan balance of over $150,000. Business failed and eventually shut down. SBA then pursued client for the balance. We intervened and was able to present an SBA OIC that was accepted for $30,000.
Client's small business obtained an SBA COVID EIDL for $301,000 pledging collateral by executing the Note, Unconditional Guarantee and Security Agreement. The business defaulted on the loan and the SBA CESC called the Note and Guarantee, accelerated the principal balance due, accrued interest and retracted the 30-year term schedule.
The loan was transferred to the Treasury's Bureau of Fiscal Service which resulted in the statutory addition of $90,000+ in administrative fees, costs, penalties and interest with the total debt now at $391.000+. Treasury also initiated a Treasury Offset Program (TOP) levy against the client's federal contractor payments for the full amount each month - intercepting all of its revenue and pushing the business to the brink of bankruptcy.
The Firm was hired to investigate and find an alternate solution to the bankruptcy option. After submitting formal production requests for all government records, it was discovered that the SBA failed to send the required Official 60-Day Pre-Referral Notice to the borrower and guarantor prior to referring the debt to Treasury. This procedural due process violation served as the basis to submit a Cross-Servicing Dispute to recall the debt from Treasury back to the SBA and to negotiate a reinstatement of the original 30-year maturity date, a modified workout, cessation of the TOP levy against the federal contractor payments and removal of the $90,000+ Treasury-based collection fees, interest and penalties.
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