The Role of Personal Guarantors in SBA Loan Defaults: What You Need to Know
Learn the vital role of personal guarantors in SBA loan defaults. Discover strategies, legal implications, and ways to navigate defaulted SBA loans effectively.
If 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 received the SBA's Official 60-Day Notice for a loan that was obtained by her small business in 2001. The SBA loan went into default in 2004 but after hearing nothing from the SBA lender or the SBA for 20 years, out of the blue, she received the SBA's collection due process notice which provided her with only one of four options: (1) repay the entire accelerated balance immediately; (2) negotiate a repayment arrangement; (3) challenge the legal enforceability of the debt with evidence; or (4) request an OHA hearing before a U.S. Administrative Law Judge.
Client hired the Firm to represent her with only 13 days left before the expiration deadline to respond to the SBA's Official 60-Day Notice. The Firm attorneys immediately researched the SBA's Official loan database to obtain information regarding the 7(a) loan. Thereafter, the Firm attorneys conducted legal research and asserted certain affirmative defenses challenging the legal enforceability of the debt. A written response was timely filed to the 60-Day Notice with the SBA subsequently agreeing with the client's affirmative defenses and legal arguments. As a result, the SBA rendered a decision immediately terminating collection of the debt against the client's alleged personal guarantee liability saving her $50,000.
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.
The clients are personally guaranteed an SBA 7(a) loan. The SBA referred the debt to the Department of Treasury, which was seeking payment of $487,981 from our clients. We initially filed a Cross-Servicing Dispute, which was denied. As a result, we filed an Appeals Petition with the SBA Office of Hearings and Appeals asserting legal defenses and supporting evidence uncovered during the discovery and investigation phase of our services. Ultimately, the SBA settled the debt for $25,000 - saving our clients approximately $462,981.
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