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Servicing and Liquidation Actions Matrix

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Servicing and Liquidation Actions Matrix

The Servicing and Liquidation Actions Matrix was published on SBA’s website recently. SBA has designed this matrix to be a quick reference guide for Certified Development Companies (CDCs) to determine whether specific servicing and liquidation actions can be taken under their unilateral authority - especially with regards to SBA 504 loans.

  • This new and improved version of the matrix was updated to reflect guidance in SOP 50 55, 504 Loan Servicing and Liquidation, that went into effect October 1, 2013.
  • The format of the matrix has been revised to be more user friendly and is consistent with the order of SOP 50 55.
  • This version contains more actions than the previous version.
  • Unilateral authority is based on CDC type and not Loan Type. This aligns with the Regulations governing the 504 Program that provide unilateral authority to PCLP CDCs, regardless of the loan’s delivery method.
  • ALP CDCs now have essentially the same unilateral authority as Non-PCLP CDCs. The matrix will be revised to reflect these changes.
  • SBA has developed the matrix to be utilized as a tool and is not meant to be a substitute for Program requirements. Therefore, CDCs must follow SBA Loan Program Requirements in the SOPs when taking any action, including unilateral actions.
  • CDCs must provide notification to SBA when taking any unilateral actions.
  • CDCs must document the business reason and justification for decisions and retain these and supporting documents in the loan file.
  • When taking action within a CDCs unilateral authority, SBA strongly encourages the CDC to document the loan file as such, "This action was taken under unilateral authority.”

Click on this link SBA Matrix to review the updated information concerning CDC Servicing and Liquidation Actions relating to SBA loan default.

You should not have to struggle to settle SBA debt on your own. Instead, turn to one of our NADCO affiliate attorneys who specializes in SBA OIC and DOT collection claims. We are dedicated to helping you settle SBA loan default.

If you are struggling with circumstances that involve SBA loan default, you deserve professional help! Our attorneys all know how to resolve SBA OIC and DOT collection cases. If you contact us, we can help you settle SBA debt once and for all. After you schedule an appointment, you will meet with a dedicated SBA OIC & DOT Attorney who helps you through your administrative legal battle. After your claim is resolved, you never again have to worry about your SBA loan default problem haunting you. Our team of lawyers has assisted many clients through the years. Now it is your turn! You truly can resolve SBA debt for good!

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.

$680,000 SBA COVID-EIDL LOAN - SBA OHA LITIGATION

$680,000 SBA COVID-EIDL LOAN - SBA OHA LITIGATION

Small business sole proprietor obtained an SBA COVID-EIDL loan for $500,000. Client defaulted causing SBA to charge-off the loan, accelerate the balance and refer the debt to Treasury's Bureau of Fiscal Service for aggressive collection. Treasury added $180,000 in collection fees totaling $680,000+. Client tried to negotiate with Treasury but was only offered a 3-year or 10-year repayment plan. Client hired the Firm to represent before the SBA, Treasury and a Private Collection Agency.  After securing government records through discovery and reviewing them, we filed an Appeals Petition with the SBA Office of Hearings & Appeals (OHA) court challenging the SBA's referral of the debt to Treasury citing a host of purported violations. The Firm was able to negotiate a reinstatement and recall of the loan back to the SBA, participation in the Hardship Accommodation Plan, termination of Treasury's enforced collection and removal of the statutory collection fees.

$150,000 SBA 7A LOAN - NEGOTIATED WORKOUT AGREEMENT

$150,000 SBA 7A LOAN - NEGOTIATED WORKOUT AGREEMENT

The client personally guaranteed an SBA 7(a) loan for $150,000. His business revenue decreased significantly causing default and an accelerated balance of $143,000. The client received the SBA's Official 60-day notice with the debt scheduled for referral to the Treasury’s Bureau of Fiscal Service for aggressive collection in less than 26 days. We were hired to represent him, respond to the SBA's Official 60-day notice, and prevent enforced collection by the Treasury and the Department of Justice. We successfully negotiated a structured workout with an extended maturity date that included a reduction of the 14% interest rate and removal of substantial collection fees (30% of the loan balance), effectively saving the client over $242,000.

$1,200,000 SBA 7A LOAN - SBA OHA LITIGATION

$1,200,000 SBA 7A LOAN - SBA OHA LITIGATION

The client was personally guaranteed an SBA 7(a) loan to help with a relative’s new business venture.  After the business failed, Treasury was able to secure a recurring Treasury Offset Program (TOP) levy against our client’s monthly Social Security Benefits based on the claim that he owed over $1.2 million dollars.  We initially submitted a Cross-Servicing Dispute, but then, prepared and filed an Appeals Petition with the SBA Office of Hearings and Appeals (SBA OHA).  As a result of our efforts, we were able to convince the SBA to not only terminate the claimed debt of $1.2 million dollars against our client (without him having to file bankruptcy) but also refund the past recurring amounts that were offset from his Social Security Benefits in connection with the TOP levy.

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