SBA Loan Foreclosure - Process Overview
We help people who need to avoid SBA loan default by advising about solutions to various SBA loan problems including SBA loan foreclosure.
Learn who qualifies for an SBA loan deferment as well as when. Your frequently asked questions answered in one handy guide.
Book a Consultation CallIn 2021 alone, 61,000 SBA loans were issued to small businesses through Small Business Administration. This means that $44.8 billion in funding got directed at small businesses.
Small businesses have faced more than their share of challenges working through a global pandemic. While the economy has presented as strong, many businesses that already have loans continue to struggle.
If you're a small business owner who holds an SBA loan and you're facing a possible default, you need to explore your options.
What does it take to get an SBA loan deferment? Will you qualify to defer your loan payments? How long will a deferment allow you to put off making your payments?
Getting a loan deferment might be the difference between staying afloat and going under for some businesses. Read on to learn what you need to know about what it takes to qualify for an SBA loan deferment.
Let's first consider what you know about SBA loans. When you applied for an SBA loan, it was through a private lender who issued the money. The loan, in most cases, wasn't issued by the SBA.
Instead, the loan was issued by the lender you applied to, but it was backed for the lender by the SBA. The SBA helps define the terms of the loans depending on the type of loan you signed up for.
An SBA loan deferment would mean you can go back to your lender and ask them to defer payments on the loan temporarily.
The SBA allows most lenders the authority to defer a loan for a small period. Of course, many Covid relief loans came with built-in deferment options. Some even came with the option for loan forgiveness. More on these loans shortly.
It's essential to understand why a loan deferment might get issued.
The SBA wants to see your business functioning. But they also understand there can be external factors that might impact your business and its ability to make money.
A loan deferment would be granted because your business is facing a hurdle from an external source. This might include something like:
These external factors that your business can't control will still impact your business and its ability to make money. A loan deferment is typically granted because your business faces an external obstacle like these examples.
Your loan deferment options will depend on several factors. You don't want to wait until you default on your loan before seeking a deferment.
Plan ahead and try to anticipate when you might need help. Your options will depend on why you need a deferment and the type of SBA loan you currently hold.
Many COVID-EIDL loans came with provisions for deferment. More on this shortly.
Your lender grants an SBA loan deferment not the SBA. In fact, the lender can arrange a loan deferment without any involvement or approval from the SBA.
This is the point where it's critical to recognize you need help and seek it. If you anticipate an issue making your payments, you need to communicate with your lender.
While for many, it can feel easier to avoid the problem and pretend it doesn't exist. Your lender will be more willing to work with you if you openly communicate with them.
An SBA lender has the authority to provide a deferment for an average of up to six months with any communication with the SBA.
It's important, though, that you understand the terms of the deferment. Each lender can set the terms up how they wish. A lender might opt to:
It's important to both communicate and negotiate with your lender so you get the kind of deferment that will genuinely help your business in the short term. You don't want to agree to terms of a deferment that you already know you can't meet.
There were COVID-EIDL loans issued directly from the SBA in 2020, 2021, and 2022. These loans came with built-in deferment as part of the loan terms.
The loans were made available through the CARES Act, which has seen several updates. Now, if you were issued a Covid-EIDL loan during this time period, you have an automatic 30-month deferment from when the loan was issued.
You don't have to apply or do anything for this deferment. It is important to note that while you can defer paying on this type of loan for that period of time, the interest on the loan will continue to accrue. Interest is not deferred.
It's also important to understand what can happen if you default on an SBA loan.
There are a number of ways that the SBA can seek payment on past due debts. These include:
It's also important for a borrower to understand the SBA loan default statute of limitations. Basically, the SBA has six years to seek compensation for a defaulted loan before the statute of limitations expires.
If you're facing hardship in your business, it can feel scary and overwhelming. You might even be facing situations where you legitimately don't know your options or what you should do.
This is the time to seek legal help. An SBA attorney specializes in this type of problem and will know best what options you have. They can also work to negotiate on your behalf.
An SBA loan deferment can provide just the help your small business needs if you're facing tough times. You just need to know how to ask for and negotiate the deferment you need.
Let an SBA attorney who knows the ropes help you with your SBA loan. It's probably smart to get some legal advice before agreeing to any more terms with your SBA loan. Contact us today to connect with an attorney who can help you.
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.
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.
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.
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