SBA SOP 50 51 3 is a very important standard operating procedure which needs to be understood by SBA debtors looking to resolve their SBA guaranteed debt. We will be reviewing and commenting on this SBA SOP through a series of blog articles to give debtors knowledge as knowledge is power.
A. When Loans Must Be Classified in Liquidation Status
An SBA Loan must be classified in liquidation status if any of the adverse events listed below occur:
- The loan is more than 60 days past due with no prospect of a deferment or a workout;
- A Third Party Lender or another senior lienholder has initiated a foreclosure action against collateral securing the loan;
- A lawsuit, which will adversely affect repayment of the SBA Loan, has been initiated against an Obligor;
- An Obligor has filed a voluntary petition in bankruptcy, or an involuntary petition in bankruptcy has been filed against an Obligor;
- The Borrower’s business has been shut down or abandoned and the Obligors have not made other arrangements to repay the SBA Loan;
- Substantial collateral has been abandoned or is in danger of disappearing, losing its value, or being stolen;
- A receiver has been appointed by a court, or some other action has been initiated to liquidate the collateral or an Obligor’s assets; or
- Any other circumstances that could substantially and adversely affect repayment of the SBA Loan.
B. When Loans Should Be Removed from Liquidation Status
SBA Loans should be removed from liquidation status and returned to regular servicing after three consecutive timely payments have been made pursuant to a written workout agreement, bankruptcy plan, reaffirmation agreement, assumption or other written agreement that cures the default.
Think of us – Protect Law Group, APC – as your “go to” team for whatever needs you may have in the SBA loan problem resolution world.
We can provide professional help at specific SBA touch points upon default from loan restructuring to loan problem defense & negotiation liquidation and appeals to the SBA Office of Hearing & Appeals. To learn more about our SBA representation services, go to www.SBA-Attorneys.com or call us at 888-756-9969 to speak to one of our experienced SBA Workout Attorneys.