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What Does the Banking Meltdown Mean for SBA Loans

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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What Does the Banking Meltdown Mean for SBA Loans

What Does the Banking Crises Mean for SBA Loans and Borrowers?

 

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.

 

SBA Loan Issues


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.

 

How Might Higher Interest Rates Affect SBA Loans?

 

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.

 

Contact Us

 

If you have defaulted on your SBA loan, contact Protect LawGroup today.  

 

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.

$750,000 SBA 504 LOAN - NEGOTIATED TERM REPAYMENT AGREEMENT

$750,000 SBA 504 LOAN - NEGOTIATED TERM REPAYMENT AGREEMENT

Clients personally guaranteed SBA 504 loan balance of $750,000.  Clients also pledged the business’s equipment/inventory and their home as additional collateral.  Clients had agreed to a voluntary sale of their home to pay down the balance.  We intervened and rejected the proposed home sale.  Instead, we negotiated an acceptable term repayment agreement and release of lien on the home.

$324,000 SBA 7A LOAN - SBA OHA LITIGATION

$324,000 SBA 7A LOAN - SBA OHA LITIGATION

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.

$750,000 SBA 7A LOAN – NEGOTIATED WORKOUT AGREEMENT

$750,000 SBA 7A LOAN – NEGOTIATED WORKOUT AGREEMENT

Client’s small business obtained an SBA 7(a) loan for $750,000.  She and her husband signed personal guarantees exposing all of their non-exempt income and assets. With just 18 months left on the maturity date and payment on the remaining balance, the Great Recession of 2008 hit, which ultimately caused the business to fail and default on the loan terms. The 7(a) lender accelerated and sent a demand for full payment of the remaining loan balance.  The SBA lender’s note allowed for a default interest rate of about 7% per year. In response to the lender's aggressive collection action, Client's husband filed for Chapter 7 bankruptcy in an attempt to protect against their personal assets. However, his bankruptcy discharge did not relieve the Client's personal guarantee liability for the SBA debt. The SBA lender opted to pursue the SBA 7(a) Guaranty and subsequently assigned the loan and the right to enforce collection against the Client to the SBA. The Client then received the SBA Official 60-Day Notice. After conducting a Case Evaluation with her, she then hired the Firm to respond and negotiate on her behalf with just 34 days left before the impending referral to Treasury. The Client wanted to dispute the SBA’s alleged debt balance as stated in the 60-Day Notice by claiming the 7(a) lender failed to liquidate business collateral in a commercially reasonable manner - which if done properly - proceeds would have paid back the entire debt balance.  However, due to time constraints, waivers contained in the SBA loan instruments, including the fact the Client was not able to inspect the SBA's records for investigation purposes before the remaining deadline, Client agreed to submit a Structured Workout for the alleged balance in response to the Official 60-Day Notice as she was not eligible for an Offer in Compromise (OIC) because of equity in non-exempt income and assets. After back and forth negotiations, the SBA Loan Specialist approved the Workout proposal, reducing the Client's purported liability by nearly $142,142.27 in accrued interest, and statutory collection fees. Without the Firm's intervention and subsequent approval of the Workout proposal, the Client's debt amount (with accrued interest, Treasury's statutory collection fee and Treasury's interest based on the Current Value of Funds Rate (CVFR) would have been nearly $291,030.

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