Like so many matters, unless you concentrate in a specific area and thus have deep and broad hands on experience in how to handle the many variations of that theme, you cannot possibly provide the expertise required to do the best job possible.
In other words as I have said in other entry’s, do not do your own SBA workout or your own brain surgery…get an experienced specialist.
The knee jerk reaction to having a troubled loan is to get a lawyer.
Rethink this.
There may be ancillary legal issues involved requiring a lawyer especially if you allow the loan to default and are involved in the foreclosure process, and even then I suggest the answer is in a business workout not a legal defense. As to what possible defense could you mount? Usually none.
Overall an SBA workout is a business problem not necessarily a legal issue and requires an expert who has handled many SBA loan workouts and thus has a handle on what works and what does not work…first hand.
The objective is to reduce debt and preserve assets, not just to defend against foreclosure or try to prevent the liquidation of all your assets including your business and home. Reduce debt and preserve assets, that’s the objective.
I have received thousands of visits to my SBA workout blog entry’s in the past few months and have talked to dozens of borrowers needing advice and help, most confronting the spectre of total loss and massive debt.
I have learned much in listening to their sad stories.
1. Most borrowers are getting ineffective and unrealistic advice or no advice at all. It appears that most lawyers, accountants, business advisers do not have the expertise or experience required to properly advise and workout troubled SBA loans. I can say this because the calls I get are reporting many variations of the same inexperienced advice which is frequently either incorrect, misleading, incomplete, sometimes untrue and generally dangerous to the borrowers financial well being.
2. Further, even if armed with appropriate and correct information, the strategies recommended to satisfactorily workout and resolve these loans are inadequate, failing to protect the borrower to the degree possible.
For example, I hear over and over from my callers that they have been told that :
1. SBA guaranteed loans cannot be worked out, so you had best sell your home, cash in your IRA’s and figure out how to pay them off. No!…I don’t think this is the best path for anyone.
2. The banks will not work out an SBA loan because there is a guaranty from the SBA so why should they? Wrong again, of course they will work them out, one simply needs to understand how to work the system effectively.
3. Many banks will not even inform the borrower that the SBA has an actual Offer in Settlement procedure and unfortunately many lawyers, accountants and business advisers are also unaware of this availability, let alone how to implement a strategy around this procedure that will work to your best interest.
4. Most callers are unable to find anyone who knows anything about SBA workouts so they hire an attorney who learns on the job…not good. The blind leading the blind.
Here are the simple facts.
SBA guaranteed loans can be worked out. I have worked out many SBA loans for pennies on the dollar.
We do not have to be led to slaughter as suggested by many advisers, we are entitled to present ourselves in a light most beneficial to our own needs and resolve the debt favorably, affordably and fairly. In fact this is what responsible intelligent business owners and borrowers should be doing.
There may not be many other experts out there who have done enough SBA guaranteed loan workouts to be able to provide you with the service required to do the job effectively.
Distance or location is not an issue, I have done these all over the country. The banks typically act like banks, which is predictable and the SBA has its own universal position applied similarly to all workout situations in the same general way. The rules are the same.
Call me, I will give you the right answers and the best solutions, if you would like I will help you resolve these issues with hands on involvement.
It can be done. 413-549-2966, Norm will arrange a no obligation teleconference.
September 24, 2009 at 7:18 pm09
Do you have a phone number we can call to discuss workout with the SBA. Our loan was purchased from the FDIC by a junk debt buyer and they will not discuss the SBA. We are in settlement negotiations wiht the lender but I fear if we settle with them they may then seek a payoff from the SBA on the guarantee. Then the SBA will come after us later. I need to talk to someone at the SBA before I agree to settle with the lender. A contact number would be appreciated. Thanks, Dave
September 24, 2009 at 7:18 pm09
Yes of course, 413-584-2581 Tell Norm I asked you to be put right thru… Don, we will talk tomorrow. Call after 11:00.
August 17, 2009 at 7:18 pm08
I would like some help. I have, since emailing you, done more research and keep hitting brick walls and have an overwhelming feeling of doom. I am convince that business owners have no humanity and are in league with Satan. (sorry, I digress) Back to the SBA…I would like a workout solution.
Is there a chance I can get started on a reduced payment plan to resolve this debt? Do I need to contact SBA directly? What are my options? Can I delay payment until I am employed again? I have no job, no income, no company. And other creditors as well harassing me – thus the Satanic comment.
August 18, 2009 at 7:18 am08
there are many options, all of which require some cash. You need to make an offer in compromise, but this too requires an ability to fund it…
July 17, 2009 at 7:18 pm07
I have an SBA loan for a business which has failed. Are there any “workout” options for this scenario? I am NOT interested in walking away, or bankruptcy. I would like to pay it back if possible. My sponsoring bank has suggested doing a workout thru them. They said i would be investigated for fraud and turned over to the Dept of Treasury? Are these scare tactics?? Which is my best option? Personal loan via the bank, or trying to work with the SBA?
July 18, 2009 at 7:18 am07
its a scare tactic, we do offers in compromise every week and this does not happen, it is a program sponsored by the SBA of course its a viable option…call if you would like some help…413-584-2581
April 14, 2009 at 7:18 pm04
Donald,
I owned an electrical contracting business in indianapolis for about three years as a 50% partner with another guy. My partner had a general contracting business that went bankrupt and he did not pay us the subcontractor approximately $130K and this basically put our company out of business. My partner and I have since split up and are disolving the business completely after this tax year and going our seperate ways.
The problem is that we have an SBA loa for approximately $50K that is now behind payments by two months. I have a business attorney and he simply tells me that I am out of luck on the loan since I signed a personal guarantee on it. The problme that I have with the situation is that my ex partner although having gone business and personal bankruptcy did not take any of the electrical contracting business debt in with his company debt. I feel that since this happened, he is responsible for his half of the SBA loan.
He has since started another company and is starting to make money from it and since I have assetts I guess that I am on the hook for the whole amount.
Last week I called the collection department with the bank (National City) and had a discussion with them about negotiating a settlement. They informed me that with SBA loans that they are not negotiable and that I needed to pay the full amount. I have taken out a loan on my house in good faith to pay every one of my vendors and subcontracts off and am down to just the SBA loan and an electrical parts house. I need some direction and help if it is out there. I would be jumping throug hoops if I could write a check today for my half or maybe a little more and be done with it. I feel that National City should exercise their right to go after my partner for his half since he did not take the electrical company in his bankruptcy.
Please keep in mind that he did have a few hundred thousand dollars in debt with National City that he did take into bankruptcy both business and personal. This is where the sticking part is…
Please help!
I will call you unless you call me first…
Mark 317-753-9739
April 16, 2009 at 7:18 am04
Call Norm at 413-584-2581 Norm will arrange a tele-conference for us to discuss this at greater length.
Don
December 9, 2008 at 7:18 pm12
[...] SBA Loan workout myths [...]
July 29, 2008 at 7:18 pm07
Brokers have abused the SBA loan program by forging the information on the applications. this results in higher defaults which in the long run makes everyone lose. it is very important that all SBA applications are filled with correct information.