SBA Lender Liability Claims During the SBA Offer in Compromise Process
Explore lender liability issues discussed in connection with SBA offers in compromise, including disputes that may affect debt negotiations.
Explore the SBA debt resolution services described by Protect Law Group for business owners struggling with loan payments.
Book a Consultation CallIf you are struggling to make your monthly SBA loan payments, you are not alone. Many business owners have turned to Protect Law Group for help. We are a team of experienced SBA loan attorneys who specialize in helping our clients resolve their SBA debt. In this blog post, we will be discussing four types of SBA debt resolution services that we offer. Keep reading to learn more and contact us today to get started with our SBA debt resolution services!
If you are being sued by the SBA, we can help. We will review your case and determine the best course of action. We may be able to get the lawsuit dismissed or settled for a fraction of what you owe.
We can help you modify your loan terms so that you can afford the monthly payments. We will work with your lender to try to get a lower interest rate, extended repayment term, or both.
If the SBA has placed a lien on your property, we can help you get it released. We will negotiate with the SBA to try to get the lien removed. Our team is experienced with SBA loans so contact us today to get help with a lien on your property!
If you are unable to afford the monthly payments on your SBA loan, we can negotiate a repayment plan with the SBA. We will work with you to try to get a lower monthly payment that you can afford.
If you are struggling to make your monthly SBA loan payments, contact Protect Law Group today. Whether you need help with loan modifications or repayment plan negotiations, we can help you resolve your SBA debt and get back on track. Book your consultation call today to get started!
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.
Client personally guaranteed an SBA 7(a) loan for $100,000 from the lender. The SBA loan went into early default in 2006 less than 12 months from disbursement. The SBA paid the 7(a) guaranty monies to the lender and subsequently acquired the deficiency balance of about $96,000, including the right to collect against the guarantor. However, the SBA sent the Official 60-Day Due Process Notice to the Client's defunct business address instead of his personal residence, which he never received. As a result, the debt was transferred to Treasury's Bureau of Fiscal Service where substantial collection fees were assessed, including accrued interest per the promissory note. Treasury eventually referred the debt to a Private Collection Agency (PCA) - Pioneer Credit Recovery, Inc. Pioneer sent a demand letter claiming a debt balance of almost $310,000 - a shocking 223% increase from the original loan amount assigned to the SBA. Client's social security disability benefits were seized through the Treasury Offset Program (TOP). Client hired the Firm to represent him as the debt continued to snowball despite seizure of his social security benefits and federal tax refunds as the involuntary payments were first applied to Treasury's collection fees, then to accrued interest with minimal allocation to the SBA principal balance.
We initially submitted a Cross-Servicing Dispute (CSD) challenging the referral of the debt to Treasury based on the defective notice sent to the defunct business address. Despite overwhelming evidence proving a violation of the Client's Due Process rights, the SBA still rejected the CSD. As a result, an Appeals Petition was filed with the SBA Office of Hearings & Appeals (OHA) Court challenging the SBA decision and its certification the debt was legally enforceable in the amount claimed. After several months of litigation before the SBA OHA Court, our Firm Attorney successfully negotiated an Offer in Compromise (OIC) Term Workout with the SBA Supervising Trial Attorney for $82,000 spread over a term of 74 months at a significantly reduced interest rate saving the Client an estimated $241,000 in Treasury collection fees, accrued interest (contract interest rate and Current Value of Funds Rate (CVFR)), and the PCA contingency fee.
Our firm successfully resolved an SBA 7a loan in the original amount of $364,000 for a New Jersey-based borrower. The client filed Chapter 7 bankruptcy but the mortgage on his real estate securing the loan remained in place. The available equity amounted to $263,470 and the deficiency equaled $317,886.
We gathered the pertinent documentation and prepared a comprehensive collateral analysis. We negotiated directly with the SBA, obtaining a full release of the mortgage for $80,000.
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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