If you are an investor in a company funded by a Small Business Administration ("SBA") loan, then you may wondering whether you are liable for the company debt should the business fail. The Borrower is principally responsible for repayment of the underlying promissory...
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Release From Your Personal Guarantee on an SBA Loan
Owners with at least least a 20% stake in an SBA loan financed business will be required to execute a personal guarantee. This means that, as an owner, you are promising to pay the SBA lender and/or the government in the event the Borrower (your business) defaults and...
A collection agency is contacting me about my SBA loan. Is this real?
Question. A collection agency is contacting me about my SBA loan; is this legitimate? Answer. Once a loan has been referred to the U.S. Treasury due to non-payment or default of the loan, the Treasury utilizes several Private Collection Agencies to assist with debt...
I have an SBA loan. Won’t the Government Guarantee Pay Off the Loan?
Question. I have an SBA loan. Won't the Government Guarantee Pay Off the Loan? Answer.The Small Business Administration (SBA) helps small businesses and entrepreneurs obtain loans. One of the ways it does so is by guaranteeing the loan so that the lender is insulated...
Sued by the U.S. Attorney on a defaulted SBA loan?
If you default on an SBA loan, your lender will frequently file a lawsuit against the borrower and all guarantors. The lender does this as part of a mandated process to maximize recovery before requesting the SBA to honor their loan guarantee agreement. However, we...
SBA Has a Lien on My Home. If I Default will I Lose My Home?
In many states, it is standard practice for an SBA lender to ask a loan guarantor to pledge their home as collateral in connection with their unconditional guaranty. If the business loan you guarantee goes into default, your homestead could be at risk of foreclosure....
Can I Apply the Proceeds from the Sale of my Business to my Offer in Compromise?
In most cases people have invested a good portion of their life savings into the business now going under. Losing your business is a terrible thing. And, being faced with the prospect of repaying your SBA Business Loan with little or no savings and the loss of your...
Selling your Business after an SBA Loan Default
We are frequently asked by business owners whether they can sell their business assets after an SBA loan default. The short answer is - yes, but the longer answer involves working with the your Lender to get permission to do so. Under your security agreement the...
Joint and Several Liability: How did I get stuck with the whole bill from the SBA?
Many people contact our law firm after receiving an SBA 60-day letter demanding that they pay the entire amount due under their company's defaulted SBA loan. And, time and time again, we hear, they protest claiming they only own 25% percent of the company and so...
SBA Loan Assumptions: The Devil is in the Details
Scenario 1. My business may close because I don't have enough working capital. If you are facing an SBA loan default, then you may want to consider selling your business. If your business has a good track record, but your business is starved for working capital, a...
Avoiding Default under an SBA Offer in Compromise
If the Small Business Administration (SBA) has accepted your offer in compromise, then congratulations are in order. But, be warned, you must follow the terms of your offer precisely and make all payments on time or risk default. In many cases we are approached by...
I defaulted on an SBA loan and they just took my tax refund. Why wasn’t I notified in advance?
General notification Before referring a debt for collection by administrative offset, a creditor agency must provide each debtor with: (a) a written notification of the nature and the amount of the debt, the intention of the agency to collect the debt through...
I Received a Notice of Intent to Initiate Administrative Wage Garnishment
If you received a Notice of Intent to Initiate Administrative Wage Garnishment (AWG), you must act quickly. You have a right to contest the garnishment action, but if you wish to have the garnishment action suspended pending a hearing on the matter, you must file a...
The Bank turned down my Offer-in-Compromise. Can’t I just send it to the SBA for review?
As a general rule, more so now than in the past, the Small Business Administration (SBA) will direct a Guarantor to submit their SBA offer-in-compromise package to the lender for preliminary review and approval. In fact, not in every office, but in some, lenders will...
The Bank told me they would not pursue us, but the SBA just sent me a 60-day demand letter. Why is this happening?
Our attorneys routinely work with SBA loan defaults, so we all hear a lot of stories. But, not a week goes by where we don't get at least one caller who is absolutely shocked they received a 60-day demand letter from the SBA. You might wonder at their surprise...
I have an SBA loan and I was just recalled to active military duty, can the Servicemembers Civil Relief Act help?
The Servicemembers Civil Relief Act (SCRA) may provide important benefits that can help you. This law protects your financial and legal affairs while you are on active duty military service. Among other things, the SCRA requires your SBA lender to provide you with...
I guaranteed my brother’s SBA loan and he defaulted. Can I still get an SBA loan of my own?
The answer depends on whether or not you satisfied your obligations to the federal government. If you signed an Unconditional Personal Guaranty for a commercial loan backed by the Small Business Administration (SBA), then you are responsible for the payment of the...
I am a federal contractor and I defaulted on an SBA loan years ago, can the Treasury offset my contract payments?
We have had quite a few clients ask us how a defaulted SBA loan might affect their business dealings with the government. In this post we are going to look at this question from the perspective of a client who has one or more contracts with the federal government...
My spouse and I filed a joint tax return and our refund was offset to repay a defaulted SBA loan my spouse guaranteed before we were married. What must I do to receive my portion of the refund?
Depending on whether you are in a community property state or not, all or part of your income may be liable for the debts of your spouse, even those incurred prior to marriage. However, you personally are not liable for his/her debts. Sometimes that is of small...
I have a CDC/504 Loan. I am in default. Will the SBA Foreclose?
What is a CDC/504 Loan? The Small Business Administration (SBA) has a loan program know as the "504 program". The 504 program helps small business owners purchase commercial real estate (e.g., a hotel/franchise or a small office building). Unlike the 7(a) program that...
How can I still be liable to the SBA when my ex-wife assumed this debt in the divorce?
There's no way around it: divorce is stressful. During this often ugly process the soon to be ex-spouses battle it out and in the end arrive at a division of property and debt that they both agree upon. It is on the assumption that this hard-won agreement represents...
The SBA foreclosed on my home. Can they come after me for a deficiency judgment?
The answer to this question depends on a variety of factors. In Texas, a borrower's homestead may not be pledged as collateral for an SBA business loan and the lender will not seek to do so. However, in many other states this can and does occur. But, generally...
My State has a 4-Year Statute of Limitations. How can the SBA sue me 6-years later?
It is settled law that state limitations statutes are relevant in determining a claim’s viability at the time the federal agency acquires the claim. If the state statute of limitations has expired before the government acquires a claim, that claim is not revived by...
I defaulted on an SBA loan. What happens next?
Question. I defaulted on an SBA loan. What happens next? Answer: The SBA Collection process follows a more or less standard path as set forth in the SBA Standard Operating Procedures (SOPS). But, to think the SOP's describe the reality of the SBA collection process...
Why is the amount Treasury is collecting more than my SBA balance?
Question.Why is the amount Treasury is collecting more than my SBA balance? Answer. Once an SBA loan is referred to the U.S. Treasury for collection under the U.S. Treasury Offset Program, collection fees may add up to 30% more to your SBA deficiency balance. It is...