When to Seek Out an SBA Offer in Compromise
Are you unsure of whether or not you need an SBA offer in compromise? Our team is here to help advise you as to when to seek out an offer in compromise.
With the meltdown of SVB and Signature banks and other banks teetering it may affect SBA loans in the future and current loans as well.
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With the meltdown of SVB and Signature banks and other banks teetering it may affect SBA loans in the future and current loans as well.
The current banking crisis can have a significant impact on Small Business Administration (SBA) loans. The SBA is a government agency that provides support to small businesses by offering loans, loan guarantees, and other financial assistance programs. However, SBA loans are typically provided by private banks and other financial institutions that partner with the agency.
If these banks are struggling due to the banking crisis, they may become more hesitant to lend money, including SBA loans, to small businesses. This can result in a reduction in the availability of SBA loans, making it more difficult for small businesses to access the capital they need to survive and grow.
Additionally, the economic downturn caused by the banking crisis may cause some small businesses to default on their existing SBA loans.This could lead to a decrease in the SBA's loan portfolio and an increase in the agency's loan guarantee payments to banks.
Overall, the banking crisis can have a negative impact on the availability and affordability of SBA loans, making it more challenging for small businesses to obtain the funding they need to succeed.
Higher interest rates may have several effects on SmallBusiness Administration (SBA) loans:
· Increase in borrowing costs: Higher interest rates mean that borrowers will have to pay more to borrow money, which will increase the overall cost of SBA loans. This may discourage some businesses from taking out loans, or it may reduce the amount they borrow.
· Decrease in loan demand: As the cost of borrowing increases, demand for loans may decrease. This may result in fewer businesses seeking SBA loans, which could lead to a reduction in the number of loans issued.
· Increase in loan default rates: Higher interest rates may make it more difficult for businesses to repay their loans. As a result, default rates may increase, which could lead to greater losses for lenders and the SBA.
· Changes in loan terms: Higher interest rates may prompt lenders to change the terms of SBA loans, such as by requiring higher collateral or increasing the size of down payments seeking the maximum protection under SBA rules. This could make it more difficult for some businesses to qualify for loans.
Overall, higher interest rates can make it more difficult and expensive for businesses to obtain SBA loans, which could have a negative impact on small business growth and economic activity.
Has There Been an Increase in The Rate of Defaults On SBALoans?
The Small Business Administration (SBA) regularly releases data on the performance of its loan programs.
According to the SBA's FY 2021 Annual Report, the overall default rate for SBA loans in FY 2021 was 2.24%, which is down from 2.45% in FY2020. However, it's important to note that this data only goes up until the end of the fiscal year, which is September 30, 2021.
It's possible that the default rate may have increased sincet hen due to ongoing economic conditions and the impact of the COVID-19 pandemic on small businesses. However, without more recent data, it's difficult to say for sure.
If you have defaulted on your SBA loan, contact Protect LawGroup 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.
Our firm successfully resolved an SBA COVID-19 Economic Injury Disaster Loan (EIDL) in the original amount of $150,000 for a Florida-based borrower. The loan, issued on June 4, 2020, was secured by business assets and potential personal liability through the SBA's Security Agreement.
Following the permanent closure of the business, we guided the client through the SBA’s Business Closure Review process and prepared a comprehensive collateral analysis. We negotiated directly with the SBA, obtaining a full release of the business collateral for $2,910 — satisfying the borrower’s obligations under the Security Agreement and eliminating any further enforcement risk against the pledged assets.
Clients obtained an SBA 7(a) loan for $324,000 to buy a small business and its facility. The business and real estate had an appraisal value of $318,000 at the time of purchase. The business ultimately failed but the participating lender abandoned the business equipment and real estate collateral even though it had valid security liens. As a result, the lender recouped nearly nothing from the pledged collateral, leaving the business owners liable for the deficiency balance. The SBA paid the lender the 7(a) guaranty money and was assigned ownership of the debt, including the right to collect. However, the clients never received the SBA Official 60-Day Notice and were denied the opportunity to negotiate an Offer in Compromise (OIC) or a Workout directly with the SBA before being transferred to Treasury's Bureau of Fiscal Service, which added an additional $80,000 in collection fees. Treasury garnished and offset the clients' wages, federal salary and social security benefits. When the clients tried to negotiate with Treasury by themselves, they were offered an unaffordable repayment plan which would have caused severe financial hardship. Clients subsequently hired the Firm to litigate an Appeals Petition before the SBA Office & Hearings Appeals (OHA) challenging the legal enforceability and amount of the debt. The Firm successfully negotiated a term OIC that was approved by the SBA Office of General Counsel, saving the clients approximately $205,000.
Client personally guaranteed SBA 7(a) loan balance of $58,000. The client received a notice of Intent to initiate Administrative Wage Garnishment (AWG) Proceedings. We represented the client at the hearing and successfully defeated the AWG Order based on several legal and equitable grounds.
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