Small business owners review possible outcomes when they are informed of an impending foreclosure. This legal action allows their lender to take possession of their property. Once the lender acquires the property, it is sold to the highest bidder. This presents the borrower with the outstanding balance. However, an SBA Offer in Compromise may prevent these circumstances.
The adverse impact of the foreclosure starts with a negative listing on the owner's credit. Foreclosure prevents them from acquiring a more beneficial loan for a new business location. It also leads to an outstanding balance listed on all three credit reports. This leads to more difficulties for the business owner. The offer in compromise reduces the impact of foreclosure.
An SBA loan foreclosure begins when the government lender issues the SBA demand letter. These loans are backed by the government and require the borrow to pay at specific value to settle the loan. This value is based on the percentage listed in the loan contract.
Tax liens present more issues and could lead to further seizure of assets. The attorney helps the business owner through a Tax Offset Program. The program provides the owner with a reduced value acquired through a settlement. The value is under fifty percent of the total value owed in most cases. Select circumstances may provide a payment plan for these tax requirements.
Owners that avoid traditional foreclosure eliminate credit issues. This helps them acquire further funding in the future when their venture becomes profitable. They may also start a new company in a new location after the settlement is paid in full. The attorney provides them with advice for restructuring their credit.
Small business owners avoid negative outcomes when they are facing foreclosure. Owners who acquire government-secured loans identify benefits of these programs through an attorney. This helps them to avoid severe damage to their credit. Small business owners who need help after an SBA loan default should contact an attorney to schedule a consultation now.
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’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.
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.
Our firm successfully resolved an SBA COVID-19 Economic Injury Disaster Loan (EIDL) default in the amount of $150,000 on behalf of Illinois-based client. After the business permanently closed due to the economic impacts of the pandemic, the owners faced potential personal liability if the business collateral was not liquidated properly under the SBA Security Agreement.
We guided the client through the SBA’s Business Closure Review process, prepared a comprehensive financial submission, and negotiated directly with the SBA to release the collateral securing the loan. The borrower satisfied their collateral obligations with a payment of $2,075, resolving the SBA’s security interest.
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