What happens if you don't pay back your SBA loan? If you signed a personal guarantee, the SBA and the federal government will want you to pay the loan.
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Before we can answer what happens if I don't pay back an SBA loan, you need to understand your liability. Businesses use SBA 7a loans for working capital. A third party lender, such as Wells Fargo, comprises the lending institution and the SBA guarantees a portion of the loan in the event of default. Usually, the borrower consists of your separate business entity that you own and operate - a corporation or a limited liability company (LLC).
However, the lender and the SBA require you, as a 20% or more owner, to sign a personal guarantee. You can download a copy of Form 148, the personal guarantee, that is commonly used for SBA loans. In some situations, the lender/SBA will require that you pledge personal collateral, such as your house or a rental property. Your business also pledges all of its assets, tangible and intangible, as collateral.
Now we can answer what happens if I can't pay an SBA loan. Several consequences result when your business defaults on an SBA loan. First, the lender will seek payment from the business for the outstanding balance of the loan. However, if the business cannot pay the full amount, the lender will foreclose on the collateral pledged by the business. Your business assets may not have much value. In that case, the lender will abandon the collateral.
Now the lender will ask you to pay the amount due based on the personal guarantee you signed. Moreover, the lender will seek to foreclose on any personal collateral you pledged. The lender may also determine it should file a lawsuit against you in order to collect the debt.
In certain situations, especially when you have not pledged personal assets, the lender will conclude suing you as a personal guarantor is not worth the time or money. Thereafter, the lender will refer the debt to the SBA for collection. The SBA will send you a notice stating that you owe the debt. The notice will inform you that you have 60 days to pay or make other arrangements. Also, the notice will inform you that you have the ability to review documents related to your debt and a right to review if you believe you don't owe the debt.
If you fail to respond to the 60 day notice sent by the SBA, the SBA will refer your debt to the Treasury for collection. The Treasury has many options to collect the debt. For instance, the Treasury could refer the debt to the Department of Justice to file a lawsuit against you. In addition to filing suit, the Treasury can garnish your wages, take your tax refund, take some or all of any federal payments due you (i.e., Social Security, disability, military pension, etc.).
If your business defaulted on an SBA loan, you do have options available. The offer in compromise exists as a process wherein if you do not have the money to pay the debt in full, you can offer a portion as a settlement. Several factors both legal and financial go into whether an offer in compromise will be accepted and in what amount.
However, you need experienced legal counsel to greatly increase the chances of a successful offer in compromise. If you fail to submit the proper forms and documentation, your offer in compromise will be denied. Moreover, if you try to low-ball the SBA in your offer, you will find yourself facing aggressive collection tactics.
The attorneys at Protect Law Group provide you with the experience and assertive representation you need for a successful offer in compromise. Contact our offices today for a initial consultation.
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.
The client personally guaranteed an SBA 504 loan balance of $375,000. Debt had been cross-referred to the Treasury at the time we got involved with the case. We successfully had debt recalled to the SBA where we then presented an SBA OIC that was accepted for $58,000.
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.
Clients executed several trust deeds pledging seven (7) real estate properties and unconditional personal guarantees for an SBA 7(a) loan from the participating lender. The clients' small business failed and eventually defaulted on repayment of the loan exposing all collateral pledged by the clients. The SBA subsequently acquired the loan balance from the lender, including the right to liquidate and collect all pledged collateral pursuant to the trust deed instruments.
The Firm was hired to negotiate separate release of lien proposals for all 7 real estate properties. In preparation for the work assignment, the Firm Attorneys initiated discovery to secure records from the SBA and Treasury's Bureau of Fiscal Service. After reviewing the records and understanding the interplay between the lender and the SBA, the attorneys then prepared, submitted and negotiated the release of lien (ROL) for each of the 7 real estate properties for consideration.
After submitting the proposals, the assigned SBA Loan Specialists approved each ROL package - significantly reducing the total SBA debt claimed.
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