SBA Loan Default: SBA to Increase Enforcement Efforts?
We help people who need to avoid SBA loan default by teaching them about SBA offer in compromise and about various SBA loan problems.
With the guidance and support of experienced SBA loan attorneys from Protect Law Group, you can find a concrete path to SBA debt resolution. Learn now.
Book a Consultation CallAs a small business owner, dealing with SBA loan problems can be overwhelming and have a significant impact on your business and personal finances. Protect Law Group understands the challenges you face and specializes in providing concrete solutions to settle SBA debt. In this blog, we will discuss the key insights every small business owner should know about SBA forgiveness, shedding light on how our experienced SBA loan attorneys can help you navigate this complex process.
At Protect Law Group, our team of Federal Agency Practitioners and SBA Attorneys are well-equipped with the knowledge and expertise in six core disciplines necessary to resolve SBA loan problems. These strategies include deferment, administrative representation, SBA Offer in Compromise (SBA OIC), administrative litigation, negotiations, and SBA Office of Hearings & Appeals representation. With their extensive background in finance, law, litigation, risk management, and negotiations, our team is dedicated to minimizing damage to your business or personal asset base.
SBA loan problems involve intricate legal and financial aspects that require a specialized understanding of constitutional law, contract law, federal administrative law & procedure, commercial & banking litigation, risk management, asset exemption protection, bankruptcy law, and negotiations. Our SBA loan lawyers possess the necessary expertise to guide you through these complexities, ensuring the best possible outcomes for your business.
Working alongside experienced SBA loan attorneys is crucial when dealing with SBA forgiveness. They understand the intricacies of the SBA program and can develop tailored strategies to negotiate and settle SBA debt on your behalf. Their legal expertise and comprehensive knowledge empower them to protect your rights and assets while pursuing the most favorable resolution for your SBA loan problems.
When it comes to SBA debt settlement, our team of professionals at Protect Law Group strives to negotiate with creditors and the SBA to achieve the best possible outcome for our clients. By leveraging their expertise in finance, law, and negotiations, our SBA loan attorneys work diligently to settle your SBA debt through various strategies, such as SBA Offer in Compromise, administrative representation, and litigation. We aim to minimize the financial impact on your business or personal assets, allowing you to move forward with confidence.
Navigating SBA forgiveness and settling SBA debt can be an arduous journey for small business owners. However, with the guidance and support of experienced SBA loan attorneys from Protect Law Group, you can find a concrete path to resolution. Our team's expertise across finance, law, litigation, and negotiations ensures that your SBA loan problems are handled with utmost care and efficiency. Don't let SBA debt hinder your business's growth — contact our knowledgeable SBA loan attorneys to find the optimal solution for your unique circumstances.
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 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.
Clients obtained an SBA 7(a) loan for $324,000 to buy a small business and its facility. The business and real estate had an appraisal value of $318,000 at the time of purchase. The business ultimately failed but the participating lender abandoned the business equipment and real estate collateral even though it had valid security liens. As a result, the lender recouped nearly nothing from the pledged collateral, leaving the business owners liable for the deficiency balance. The SBA paid the lender the 7(a) guaranty money and was assigned ownership of the debt, including the right to collect. However, the clients never received the SBA Official 60-Day Notice and were denied the opportunity to negotiate an Offer in Compromise (OIC) or a Workout directly with the SBA before being transferred to Treasury's Bureau of Fiscal Service, which added an additional $80,000 in collection fees. Treasury garnished and offset the clients' wages, federal salary and social security benefits. When the clients tried to negotiate with Treasury by themselves, they were offered an unaffordable repayment plan which would have caused severe financial hardship. Clients subsequently hired the Firm to litigate an Appeals Petition before the SBA Office & Hearings Appeals (OHA) challenging the legal enforceability and amount of the debt. The Firm successfully negotiated a term OIC that was approved by the SBA Office of General Counsel, saving the clients approximately $205,000.
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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