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Consequences of an SBA Loan Default

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Consequences of an SBA Loan Default

Consequences of an sba loan default

Anytime you default on a loan, there are consequences, most of which are not the most favorable. Protect Law Group helps small business owners when they are unable to pay on their SBA loan and it enters into default. Below, we'll take a look at some of the consequences of an SBA loan default. Call our SBA lawyers for a free consultation today!

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You Could Lose Your Collateral

If you used collateral as any part of security for your SBA loan (this can be your home, car, or other business assets), the lender could seize these assets in order to sell and hope to recoup the money they lent to you.

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Others Could Lose Their Collateral

If anyone else co-signed on your SBA loan, then their assets could also be at risk. The lender has the right to take assets in order to recoup their losses from anyone who guaranteed the loan.

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The SBA or Your Lender Can Demand Repayment in Full

The lender can take their case to the SBA and ask them to issue a demand letter, which is basically a legal and a formal demand for repayment of your defaulted SBA Loan.

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The SBA or Your Lender Can Take Legal Action

The lender can take you to court and receive a judgment against you, giving them the right to take money from your bank account. They can also garnish your wages and your social security funds. In sum, they will take a fine tooth comb and analyze any and all business and personal assets you have in order to receive some compensation.

PARTNER WITH PROTECT LAW GROUP TODAY

Protect Law Group offers the top-rated SBA attorneys who will fight for you when your SBA loan enters default. With our years of experience and knowledge of the law, we are able to help our clients walk away with just settlements. Call our SBA debt resolution attorneys for a free consultation today!

Why Hire Us to Help You with Your Treasury or SBA Debt Problems?

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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

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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

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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.

$1,500,000 SBA COVID-EIDL LOAN - SBA OHA LITIGATION

$1,500,000 SBA COVID-EIDL LOAN - SBA OHA LITIGATION

Small business and guarantors obtained an SBA COVID-EIDL loan for $1,000,000. Clients defaulted causing SBA to charge-off the loan, accelerate the balance and refer the debt to Treasury's Bureau of Fiscal Service for collection. Treasury added nearly $500,000 in collection fees totaling $1,500,000. Clients were served with the SBA's Official 60-Day Notice and exercised the Repayment option by applying for the SBA’s Hardship Accommodation Plan. However, their application was summarily rejected by the SBA without providing any meaningful reasons. Clients hired the Firm to represent them against the SBA, Treasury and a Private Collection Agency.  After securing government records through discovery, we filed an Appeals Petition with the SBA Office of Hearings & Appeals (OHA) court challenging the SBA's referral of the debt to Treasury. During litigation and before the OHA court issued a final Decision and Order, the Firm successfully negotiated a reinstatement and recall of the loan back to the SBA, a modification of the original repayment terms, termination of Treasury's enforced collection and removal of the statutory collection fees.

$212,000 SBA 7(a) LOAN – PERSONAL GUARANTY LIABILITY | NEGOTIATED 24% SETTLEMENT

$212,000 SBA 7(a) LOAN – PERSONAL GUARANTY LIABILITY | NEGOTIATED 24% SETTLEMENT

Our firm successfully resolved an SBA 7(a) loan default in the amount of $212,000 on behalf of an individual guarantor. The borrower’s business experienced a significant downturn in revenue and was unable to sustain operations, ultimately leading to closure and a remaining personal guaranty obligation.

After conducting a thorough financial review and preparing a comprehensive SBA Offer in Compromise (SBA OIC) submission, we negotiated directly with the SBA and lender to achieve a settlement of $50,000—approximately 24% of the outstanding balance. This favorable resolution released the guarantor from further personal liability and provided the opportunity to move forward free from the burden of enforced collection.

$154,000 SBA COVID-19 EIDL - AUDIT REPRESENTATION & RELEASE OF COLLATERAL

$154,000 SBA COVID-19 EIDL - AUDIT REPRESENTATION & RELEASE OF COLLATERAL

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.

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