SBA Loan Default - Recoverable Fees
We help people who need to avoid an SBA loan default by advising them about the SBA offer in compromise and other SBA loan problems and their solutions.
We will analyze your SBA loan problems and advise you on potential solutions such as an SBA offer in compromise for your SBA loan default.
Book a Consultation CallDealing with the idea that you might be facing an SBA loan default can be terrifying. The SBA attorneys in our office are skilled at helping clients understand all the facets of their situation. We will advise you as to the potential for an SBA offer in compromise. You should never face your SBA loan problems alone. It is important to retain the services of an attorney who can help you through this difficult time in your life. Please contact us for a consultation.
Patrick Clark of www.BloombergBusiness.com recently wrote an article critical of SBA lending to franchises based on a report by the Service Employees International Union, the labor group that’s been fighting to raise pay for fast-food workers. Clark notes that default rates for franchises hovers around 20%.
Clark writes "John Reynolds, president of the International Franchise Association Educational Foundation, says the union was “cherry-picking” data, and that the focus should be on the tens of thousands of franchisees who used SBA loans to successfully expand their businesses and add jobs to the U.S. economy. “I think [the SEIU] have an agenda that’s focused around casting doubt or criticism on the fundamentals of the franchise model..."
Based on Protect Law Group's research and analysis, a 20% failure rate seems accurate. It has been well documented that certain franchises, such as Quiznos, have extremely high default rates. In our discussions with SBA lenders, a franchise is often a very rough road. For a small operator 80 hour weeks for $50,000 per year is a common life for a franchise owner of even a trusted brand such as Subway. The franchise fees, costs of buying supplies from franchisors, and lack of freedom often hamstring small franchisees. Larger franchisees who can operate multiple stores are often more successful.
Protect Law Group has helped dozens of failed franchisees settle their SBA related debt. We provide an in depth study of a particular franchise's default rates, the reason why and apply those facts and analysis to help our clients obtain a satisfactory compromise with the SBA.
You can read the complete article here.
If you are facing an SBA loan default, contact us today for a consultation with an experienced SBA workout attorney at 888-756-9969.
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 personally guaranteed an SBA 7(a) loan that was referred to the Department of Treasury for collection. Treasury claimed our clients owed over $220,000 once it added its statutory collection fees and interest. We were able to negotiate a significant reduction of the total claimed amount from $220,000 to $119,000, saving the clients over $100,000 by arguing for a waiver of the statutory 28%-30% administrative fees and costs.
Clients obtained an SBA 7(a) loan for their small business in the amount of $298,000. They pledged their primary residence and personal guarantees as direct collateral for the loan. The business failed, the lender was paid the 7(a) guaranty money and the debt was assigned to the SBA. Clients received the Official 60-Day Notice giving them a couple of options to resolve the debt balance directly with the SBA before referral to Treasury's Bureau of Fiscal Service. The risk of referral to Treasury would add nearly $95,000 to the SBA principal loan balance. With the default interest rate at 7.5%, the amount of money to pay toward interest was projected at $198,600. Clients hired the Firm with only 4 days left to respond to the 60-Day due process notice. Because the clients were not eligible for an Offer in Compromise (OIC) due to the significant equity in their home and the SBA lien encumbering it, the Firm Attorneys proposed a Structured Workout to resolve the SBA debt. After back and forth negotiations, the SBA Loan Specialist assigned to the case approved the Workout terms which prevented potential foreclosure of their home, but also saved the clients approximately $294,000 over the agreed-upon Workout term with a waiver of all contractual and statutory administrative fees, collection costs, penalties, and interest.
Client personally guaranteed SBA 7(a) loan balance of $58,000. The client received a notice of Intent to initiate Administrative Wage Garnishment (AWG) Proceedings. We represented the client at the hearing and successfully defeated the AWG Order based on several legal and equitable grounds.
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