What Happens If a PPP Loan is Not Forgiven?
If your application for PPP loan forgiveness is denied by the SBA you have appeal rights. Learn more about how to assert your rights to an appeal.
The transcript of the video follows below for further review.
Is your business loan secured by the Small Business Administration (SBA)? Are you having trouble repaying it? You might think that you don't have any other option but trying to survive.
Yet, that isn't true. You might be eligible for other options without falling into default. An SBA attorney can help you navigate this process and tell you more about your options.
Have you consulted an attorney? Not sure what they can do for you? We'll tell you all about what an SBA lawyer can do for you.
Keep reading to learn more!
So you decided to pursue your dream and open your business. To make it happen or grow, you took a business loan. An SBA secured loan provided you the funding you needed to make it happen.
Your business kept growing but your clients' payment terms are putting you in a tight spot. Your business' monthly income might not be the amount you need to stay current. Don't know how you can make payroll and pay your SBA loan?
You aren't alone in this. Many business owners arrive at this crossroads every day. You might be thinking there isn't a way you can prevent defaulting on your SBA loan
But an SBA lawyer can help you get out of this rabbit hole. They can go over your case and options. Your options will vary on a case by case basis.
You might be considering defaulting on your loan. But, you should keep in mind that the SBA default statute of limitations won't let you off the hook that easily. These loans are allowed to collect 6 years after your last payment.
It doesn't matter in what state you live because the state's statute of limitations doesn't apply to these loans. When you default, SBA has the option to send it to the Department of Treasury. They can collect beyond the established 6 years statute of limitations.
This may vary depending on your loan and collateral. An SBA lawyer can help you find the right option for your case. Here are some ways the right attorney can help you with your SBA loan.
Now you know that if you default on an SBA loan, you won't be able to get rid of it as soon as you expected. You might've received a letter from SBA offering to review your debt on an administrative hearing. You may think it's a simple thing.
But, if you don't handle the situation right it can turn into a nightmare. An SBA lawyer can investigate your case and discover evidence that can help you. If you attend the hearing without the right evidence, you'll be losing the case from the get-go.
You shouldn't underestimate an SBA hearing because it's an administrative process. Your hearing is as valid and important as any day in court. That's why you need to be as ready as you can be.
An SBA lawyer can represent you in the hearings and appeals. This will give you the biggest chance of getting the best outcome.
If you're considering appealing your SBA decision, you should consider using a specialized SBA OHA Appeal attorney. Their experience will give you the upper hand in your appeal. Because they know what's the best approach for SBA to accept your appeal.
Sometimes debtors may not be considered for an offer in compromise because their monthly income or liquid assets value is too high. Here your best option would be negotiating an SBA repayment plan. An SBA lawyer can negotiate your plan if SBA refers your case to the Department of Treasury.
The length for your repayment plan can't be more than 3 years. SBA deems this term reasonable time to pay the claimed debt.
These negotiations aren't easy. Don't fall into trying to negotiate the plan yourself. That's why it's recommended you hire a lawyer to represent you during the process.
When you receive an SBA Offer in Compromise, they're offering you an off-court settlement. To arrive at this agreement, the borrowers and guarantors need to agree.
An SBA lawyer may help you negotiate this settlement and obtain the best outcome. Also, they can tell you if this is your best option.
If your business is suffering a momentary slump, a loan deferment or modification might be your best option. If you obtain the first, you'll stop making payments during 3, 6, 9 or 12 months. SBA approves this option to businesses that prove a short-term financial difficulty.
You may be eligible for a loan modification if your business is generating revenue but falling short in their payments due to the loan terms. Most of the time, they offer this option for SBA 504 loans. An SBA lawyer can help you obtain these short and long-term solutions.
When you default on a secured SBA loan, the property you pledge will have an SBA lien. Many debtors believe that filing bankruptcy will eliminate it. Yet, this process may only discharge your debt.
There are certain situations when SBA may discharge the lien on your property. Here's where your SBA lawyer may negotiate an SBA Lien Release. An example is when a deceased spouse was the sole guarantor of the loan.
In this process, you could offer to buy back your property from SBA. They'll take several factors into consideration. An SBA lawyer can give you a better idea of the possibility of recovering your property.
Yes, an SBA attorney can help you with your SBA secured loan. Your options will depend on the type of loan you have. But, an SBA lawyer can go over your loan paperwork and discuss your options.
Also, they can negotiate to come to an agreement with your lender. SBA loans don't work the same as other loans. That's why you should hire an expert to help you navigate the process.
If you hire an SBA lawyer, you'll be able to obtain the best outcome. Remember that the right attorney will take their time to analyze your case. They should go over your options and recommend the best approach.
Are you having problems making payments on your SBA loan? Want to learn more about your options? We can help!
Contact us to schedule your case evaluation today.
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.
Client's small business obtained an SBA COVID EIDL for $301,000 pledging collateral by executing the Note, Unconditional Guarantee and Security Agreement. The business defaulted on the loan and the SBA CESC called the Note and Guarantee, accelerated the principal balance due, accrued interest and retracted the 30-year term schedule.
The loan was transferred to the Treasury's Bureau of Fiscal Service which resulted in the statutory addition of $90,000+ in administrative fees, costs, penalties and interest with the total debt now at $391.000+. Treasury also initiated a Treasury Offset Program (TOP) levy against the client's federal contractor payments for the full amount each month - intercepting all of its revenue and pushing the business to the brink of bankruptcy.
The Firm was hired to investigate and find an alternate solution to the bankruptcy option. After submitting formal production requests for all government records, it was discovered that the SBA failed to send the required Official 60-Day Pre-Referral Notice to the borrower and guarantor prior to referring the debt to Treasury. This procedural due process violation served as the basis to submit a Cross-Servicing Dispute to recall the debt from Treasury back to the SBA and to negotiate a reinstatement of the original 30-year maturity date, a modified workout, cessation of the TOP levy against the federal contractor payments and removal of the $90,000+ Treasury-based collection fees, interest and penalties.
Our firm successfully negotiated an SBA offer in compromise (SBA OIC), settling a $974,535.93 SBA loan balance for just $18,000. The offerors, personal guarantors on an SBA 7(a) loan, originally obtained financing to purchase a commercial building in Lancaster, California.
The borrower filed for bankruptcy, and the third-party lender (TPL) foreclosed on the property. Despite the loan default, the SBA pursued the offerors for repayment. Given their limited income, lack of significant assets, and approaching retirement, we presented a strong case demonstrating their financial hardship.
Through strategic negotiations, we secured a favorable SBA settlement, reducing the nearly $1 million debt to a fraction of the amount owed. This outcome allowed the offerors to resolve their liability without prolonged financial strain.
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