Signs It Is Time for Your Business to Consider SBA Lending
Is your company growing faster than you can financially keep up with? It might be time to consider SBA lending. Check out these signs.
Learn why the SBA failed five consecutive financial audits, what it means for small businesses, and how the agency plans to fix internal control weaknesses.
Book a Consultation CallThe U.S. Small Business Administration (SBA) has faced serious scrutiny in recent years due to its inability to obtain a clean financial audit. From FY 2020 to FY 2024, the SBA received repeated disclaimers of opinion on its financial statements, signaling systemic internal control failures. These issues raise concerns not only for government accountability but also for the small business community that relies on the SBA for vital support.
This blog breaks down the findings from OIG Report 25-25, detailing the core issues, the SBA’s remediation strategy, and what small business owners and stakeholders should be aware of moving forward.
The SBA’s financial audit troubles stem from its rapid scaling during the COVID-19 pandemic. Between FY 2020 and 2021, the agency distributed over $1.2 trillion in pandemic-related aid through programs like the Paycheck Protection Program (PPP), COVID-19 Economic Injury Disaster Loans (EIDL), and others. While this support was critical for struggling businesses, it overwhelmed the agency’s financial reporting systems.
Key findings from the Office of Inspector General (OIG) include:
Five consecutive years of audit disclaimers.
Up to seven material weaknesses in internal controls annually.
Audit issues primarily tied to COVID-19 relief programs, financial reporting failures, and inadequate oversight of contractors and IT systems.
Repeated audit recommendations—many of which remain unresolved.
When the SBA faces internal control and audit failures, it affects the broader small business ecosystem:
Delayed program funding and audits may slow down future relief or assistance.
Reduced public trust in SBA-managed programs.
Potential for fraud or mismanagement, as oversight gaps create vulnerabilities.
Moreover, businesses that rely on the SBA for financing or disaster assistance must recognize the agency’s current limitations in oversight and governance.
In January 2025, the SBA launched its Financial Statement Audit Remediation Strategy, focusing on five key areas:
Refining internal governance.
Finalizing critical financial policies.
Validating COVID-19 EIDL loan populations.
Improving third-party vendor oversight.
Upgrading financial information systems.
While the strategy is a step in the right direction, the OIG notes that not all material weaknesses have been fully prioritized, and execution gaps remain. Notably, the SBA has not yet designated a single empowered executive with the authority to enforce remediation across all program offices—an essential step for success.
The OIG made four strategic recommendations:
Appoint a senior executive to lead audit remediation.
Improve agencywide communication of audit goals.
Integrate remediation goals into the strategic plan.
Align individual performance plans with remediation outcomes.
SBA management has accepted most recommendations, though the key leadership appointment remains unresolved as of September 2025.
The SBA plays a critical role in supporting small businesses, especially in times of economic crisis. However, effective support requires sound financial management and internal accountability. While the agency is taking steps to recover from its audit challenges, stakeholders should remain informed and vigilant.
Small businesses should also consider working with experienced legal professionals who understand the SBA’s evolving landscape—particularly when navigating SBA loan disputes, appeals, or compliance issues.
If your business has been impacted by SBA loan programs or you’re facing challenges with SBA-related financial or legal matters, contact Protect Law Group today. Our experienced attorneys are here to help you understand your rights and options. Contact us today to ensure your business is protected and positioned for success.
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.
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.
Client personally guaranteed SBA 7(a) loan for $150,000. COVID-19 caused the business to fail, and the loan went into default with a balance of $133,000. Client initially hired a non-attorney consultant to negotiate an OIC. The SBA summarily rejected the ineligible OIC and the debt was referred to Treasury’s ureau of Fiscal Service for enforced collection in the debt amount of $195,000. We were hired to intervene and initiated discovery for SBA and Fiscal Service records. We were able to recall the case from Fiscal Service back to the SBA. We then negotiated a structured workout with favorable terms that saves the client approximately $198,000 over the agreed-upon workout term by waiving contractual and statutory administrative fees, collection costs, penalties, and interest.
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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