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Video Articles

SBA Offer in Compromise vs. Bankruptcy

By SBA Attorneys | February 3, 2018

SBA Offer in Compromise vs. Bankruptcy If you are liable for an SBA debt due to a breach of an SBA loan agreement or personal guarantee, you may have to consider a couple of resolution options.  Your options may be to explore an SBA Offer in Compromise, a Treasury Department (DOT) Compromise Offer or a…

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Litigation & Collection Weapons in California That Can Be Used By Lenders, CDCs And SBA Involving An SBA Loan Default

By SBA Attorneys | January 27, 2018

Litigation & Collection Weapons in California That Can Be Used By Lenders, CDCs And SBA Involving An SBA Loan Default Video Transcript The transcript of the video follows below for further review. A major concern facing 7(a) Lenders, Certified Development Corporations (CDCs) or the SBA is whether the SBA guarantor possesses any reachable assets to…

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SBA Loan Rates: What to Expect from Your SBA Loan Upon Default

By Alex Z | November 26, 2017

If you’re applying for an SBA loan, you need to know exactly what you’re signing up for as you complete the process. Here are common SBA loan rates to expect and what you can expect if you default on your SBA loan. SBA loan interest rates and interest rates upon default. You’ve probably heard about…

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Which Industry Has the Most SBA Loan Defaults?

By Alex Z | October 25, 2017

Which businesses are defaulting most on their SBA loans? Learn what’s behind these SBA loan defaults and what you can do about yours. SBA loan defaults Small Business Administration (SBA) loans can help a small business grow and succeed. The SBA works with lenders and small businesses to ensure each party benefits. Still, there is…

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What Is CAIVRS And Can I Be Released?

By Alex Z | October 3, 2017

You may have recently applied for an FHA loan, for example, and were told that you are on CAIVRS.  What is CAIVRS and can you get off the list? Landing on CAIVRS means no government backed loans What Is CAIVRS? CAIVRS refers to the Credit Alert Verification Reporting System.  Only the government could add an…

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HURRICANE HARVEY AND HURRICANE IRMA: SBA DISASTER LOAN RELIEF

By SBA Attorneys | September 10, 2017

HURRICANE HARVEY AND HURRICANE IRMA: SBA DISASTER LOAN RELIEF Video Transcript In the aftermath of Hurricane Harvey in Houston, Texas and in the wake of Hurricane Harvey that is currently reeking havoc in Florida, the U.S. Small Business Administration (SBA) will eventually play a major role in disaster relief – just like when the SBA…

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Case Brief: Discharging Liability on SBA Guarantee

By SBA Attorneys | May 29, 2017

Case Brief: Discharging liability on SBA Guarantee Video Transcript The transcript of the video follows below for further review. CASE BRIEF: An SBA guarantor can be discharged from personal liability under California state U.C.C. law to the extent that the lender or the SBA (as assignee) unjustifiably impairs any collateral pledged as security for the…

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DEPARTMENT OF JUSTICE: SAMPLE COMPLAINT AGAINST PERSONAL GUARANTORS FOR OUTSTANDING SBA DEBT

By SBA Attorneys | May 14, 2017

DEPARTMENT OF JUSTICE: SAMPLE COMPLAINT AGAINST PERSONAL GUARANTORS FOR OUTSTANDING SBA DEBT Video Transcript   The transcript of the video follows below for further review. 31 C.F.R. Part 904 provides the reasons to refer SBA debt cases from Treasury Department’s Bureau of Fiscal Service to the U.S. Department of Justice for collection litigation. Once an…

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Treasury Department’s authority to refer SBA debt cases to the Department of Justice for collection litigation

By SBA Attorneys | May 2, 2017

Department of the Treasury Bureau of Fiscal Service Power to Refer SBA debt to the Department of Justice for collection by litigation Video Transcript:   The transcript of the video follows below for further review. When an SBA debt case is referred for Department of Justice collection litigation, it is first routed to the National…

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Case Study: Third Party Lender Duties on SBA Loan Default

By Alex Z | May 1, 2017

Video Transcript   The transcript of the video follows below for further review. The case of Rister v. Yadkin Bank arose out of a United States Small Business Administration (“SBA”) loan that Defendant Yadkin Bank (“the Bank”) made in 2011 to a corporate borrower, Mystique Makeover, LLC, a salon in Charlotte, North Carolina, operated by…

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Demand Letters From Private Collection Agencies

By Alex Z | April 19, 2017

Video Transcript   The transcript of the video follows below for further review. If you have an SBA loan default that has been referred to the Department of Treasury for collection, you may have been contacted by a private collection agency (PCA): Pioneer Credit Recovery, CBE Group, Performant or Conserve. A recent case addressed a…

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CASE BRIEF: The SBA Guarantor did not waive the 6-year Statute of Limitations Defense when he signed a confession of judgment

By SBA Attorneys | February 27, 2017

CASE BRIEF:  The SBA Guarantor did not waive the 6-year Statute of Limitations Defense when he signed a confession of judgment Video Transcript The transcript of the video follows below for further review. CASE NAME:  United States on behalf of Small Business Administration v. Richardson CITATION:  889 F.2d 37 (3d Circuit, Pa. 1989) FACTS: Louis…

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