Defaulted SBA Loan Offer in Compromise? Answers to questions by borrowers in SBA default considering submitting a fully compliant Offer in Compromise.
Book a Consultation CallThe Small Business Administration provides loans for entrepreneurs to start smaller business ventures. These loans are guaranteed by the government and require the business owner to pay them back according to the schedule set up. When the business owner faces financial difficulties, they may not have the funds needed to repay the loan. This could result in a default. When this happens, an SBA Loan Offer in Compromise could prevent the company from facing financial ruin.
Essentially, the offer in compromise is a settlement offer submitted by a financial advisor or attorney. It reflects are reduced value in which the business owner could pay their lender to settle the debt. An SBA loan default requires action on the borrower's part to avoid unwanted circumstances. This compromise is an effective strategy to prevent these circumstances and prevent a larger financial loss for the owner.
The owner should utilize an offer in compromise as soon as they receive the SBA demand letter. This letter is the last step of the notification process before the SBA takes further legal action. These actions could include seizure of property and assets. They could place a lien against the borrower's checking account, savings account, and all property in their name. These measures are taken to acquire payment of the total balance plus any late fees that accumulated.
Through an SBA loan foreclosure, the lender could seize the borrower's primary residence. This could occur if the property is used as collateral or included in the properties owned by the business. If properties and assets that are business-related could be used to pay off the loan, the primary residence isn't in jeopardy. However, the consumer may need an attorney to fight against these actions.
Small business owners must take quick action if their loan defaults. These actions could lead to a domino effect in which they lose all their property and assets. An attorney could help them by finding a better solution to this problem. Business owners who need assistance with a compromise or Tax Offset Program should contact an attorney immediately.
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 personal and corporate guarantees for an SBA 7(a) loan from a Preferred Lender Provider (PLP). The borrower corporation defaulted on the loan exposing all collateral pledged by the Clients. The SBA subsequently acquired the loan balance from the PLP, including the right to collect against all guarantors. The SBA sent the Official Pre-Referral Notice to the guarantors giving them sixty (60) days to either pay the outstanding balance in full, negotiate a Repayment (Offer in Compromise (OIC) or Structured Workout (SW)), challenge their alleged guarantor liability or file a Request for Hearing (Appeals Petition) with the SBA Office of Hearings & Appeals.
Because the Clients were not financially eligible for an OIC, they opted for Structured Workout negotiations directly with the SBA before the debt was transferred to the Bureau of Fiscal Service, a division of the U.S. Department of Treasury for enforced collection.
The Firm was hired to negotiate a global Workout Agreement directly with the SBA to resolve the personal and corporate guarantees. After submitting the Structured Workout proposal, the assigned SBA Loan Specialist approved the requested terms in under ten (10) days without any lengthy back and forth negotiations.
The favorable terms of the Workout included an extended maturity at an affordable principal amount, along with a significantly reduced interest rate saving the Clients approximately $181,000 in administrative fees, penalties and interest (contract interest rate and Current Value of Funds Rate (CVFR)) as authorized by 31 U.S.C. § 3717(e) had the SBA loan been transferred to BFS.
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 SBA 7(a) loan balance of over $300,000. Clients also pledged their homes as additional collateral. SBA OIC accepted $87,000 with the full lien release against the home.
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