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What is an SBA Loan? What Happens if You Default on it?

The small business administration badge.Someone recently asked us a series of questions about what happens if you default on an SBA loan. Here are our answers from Lendio’s president, Levi King:

What is an SBA Loan?

SBA loans are loans to small businesses that are unable to get a business loan through normal lending channels with reasonable terms. The program operates through private-sector lenders that provide business loans, which are guaranteed by the Small Business Administration (SBA).

Are SBA loans always personally guaranteed?

Yes on the vast majority of SBA loans. The only rare exception would be businesses with tons of collateral, lots of time in business, and super clean financials.

Who collects defaulted loans, the lender or the government, or both?

The lender collects. The SBA just guarantees the loan to the bank. The lender collects what they can, and then they can make an insurance claim for the percentage of the loan covered under the insurance, but not recovered by their collection efforts.

What is the collection process like for defaulted SBA loans?

Just like any other bad business debt that is personally guaranteed, first they’ll foreclose on any collateral that was put up to secure the loan, then they’ll sue the business for default, then they’ll sue the guarantor(s) for default, and they’ll get a judgment against the business, guarantor(s) or both.

What might borrowers expect?

Depends on each state’s laws, but in general they will face 25% wage garnishment, they can intercept any dividends paid out of corporations the individual has ownership in (even other businesses), they can seize bank accounts, and other physical property collateralized by the loan and/or awarded in a judgment.

Can SBA loans be discharged in bankruptcy?

Yes. Once you’ve Bankrupt out of one SBA loan, you can’t get approved for another one.

Are there restrictions on what types of SBA loans can or cannot be discharged?

No restrictions other than the normal bankrupt restrictions placed on any type of business situation. For more information on other types of sba loans, see 504 loans & 7(a) loans.

Can business owners negotiate settlements on SBA loans?

Yes, just like any other type of debt that goes delinquent.

How can you negotiate settlements on SBA loans?

Go 90+ days late on the loan, and either negotiate directly with the lender or use an attorney. You will be 1099’d for the forgiven debt and probably barred from SBA loans in the future (if the SBA suffered a loss).

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About the Author

  • Dan Bischoff

Comments

  1. Hi, my name is Nancy delos Reyes. We have SBA loan with Bank of America. Since our business sales went down 2 years ago I have hard time paying my SBA loan payment every month. I have been late paying my loan since May 2011. I have try to do settlement with the bank but they don’t accept our offer. I am afraid of lawsuit and loosing my business or assets. Please give me some opinion what to do.

    Thanks,
    Nancy delos Reyes
    email: myjazzbass@sbcglobal.net

    • Nancy, I wish you had contacted me earlier. I am an attorney and have been since 1977. Our company has been dealing with borrowers struggling with SBA loans for more than 30 years and much of what you hear on this web site and others is frankly…. WRONG!!! We resolve SBA loans every day. In nearly every case we do so without you being sued and, in nearly every case, without any damage to your personal credit score. You see, when the loan was made, it was not made to you, but rather to your company…. The LLC or corporation that actually owns your business. You guaranteed the loan, but you are NOT personally on the loan documents. The bank did not make the loan because it was so excited about your business, but because the SBA guaranteed to reimburse the bank 70% to 90% of the unpaid balance should your business be unable to repay the loan.

      The only requirement that the bank has to get paid by the SBA is that the assets securing the loan be sold. There is no requirement that they sue you, take your house or anything else. If you hire experts in this field, like our firm, we work with the bank to get the assets sold and get the bank paid off by the SBA. At the same time, we present the SBA with what is called an “Offer-In-Compromise”. This is basically an explanation of your situation and a personal financial statement. And for most people today, with real estate prices down, it is easy to show that, even if the SBA were to sue you, they would not collect much of what is owed.

      We routinely settle these claims for less than $.10 on the dollar. We get your personal guarantee removed and the liens released on your property. And because the loan was made to your company and not to you, it will not affect your personal credit score. And contrary to what is said above, you will not get a 1099 for the amount of debt that was not repaid. You will be barred from getting another SBA loan, but that is it. You will be free to move on with your life!!!

      • Our company ust paid off our secured SBA loan, we have struggled during the duration of the loan and have accumulated some 12,000 in late fees and penalties from the bank. They want to make some kind of payment plan and reduce the amount and at one time offered to dismiss all fees if we paid off the loan. What can I do to get rid of these late fees and get a release.

        denise

        • Denise, your situation is like many others that we deal with on a daily basis here at Bridge Management. Feel free to email me anytime at Ryan@BridgeMgt.com and I can give you some insight that the bank would accept for payment plan options to prevent this from getting passed to the Treasury Department.

      • Plz email your firm info or you can call me at 7864865805

      • John what firm do you work for and how would one get ahold of you. I am basically in the same boat as the post you replied to and looking for options before things completely go south.

        • Brandon, feel free to contact me anytime at 401-390-3800 and I will be more than happy to discuss any SBA related default topics. We are experts with SBA Defaults, Offer in Compromises, release of personal guarantees, liens on property and assets, etc.

      • What is your contact info? I may need your services.

      • John Homan please send me your law firm info and how to contact you. Thank you.

      • Our SBA Loan is in default and we have been getting calls from Pioneer Credit Recovery.
        We originally got the loan through US Bank. Hoping you can help reduce the balance. The loan was for 25,000
        we paid 5,000 in payments before we stopped paying due to the bad economy. The department of Treasury
        took our Tax Refund this year of $2900.00. We should owe $17,000 but they are sending us a statement for $26,000.
        Please let us know if you can help, we are desperate.
        Elaine

      • Our SBA Loan is in default and we have been getting calls from Pioneer Credit Recovery.
        We originally got the loan through US Bank. Hoping you can help reduce the balance. The loan was for 25,000
        we paid 5,000 in payments before we stopped paying due to the bad economy. The department of Treasury
        took our Tax Refund this year of $2900.00. We should owe $17,000 but they are sending us a statement for $26,000.
        Please let us know if you can help, we are desperate.
        elain

      • We had to close our business and had an sba loan. We have made a deal with the bank to make $800/mo payments for 5 years, then we will see how things have changed, like maybe we had a windfall of $500,000 or some other miracle. We are on year 4.

      • John Do you have a phone number that I could call you at about my SBA LOANS?

        Thank-you,
        A W Rodgers

      • I am looking for representation with my SBA lender to settle my loan as I am out of business.

        Please contact me via email above or via cell 209-518-3703.

        Regards,

        Courtney Vasquez

        • Courtney, I would recommend you contact an attorney familiar with this situation to help you settle your loan with the SBA.

        • Here at Bridge Management we are experts in SBA Default situations, personal guarantees, Offer in Compromises, debt workouts, etc. I am always available to answer questions or concerns. Ryan@BridgeMgt.com 401-390-3800 Direct Number

      • Please send me your contact info. We are in need of your services.

      • Hello John,

        Can you send me your firms contact information. I have a 1st loan with Zions bank and a 2nd with the SBA. I recently received a notice of default on my 1st. I received notice today that SBA has sold my loan to a bank.
        thank you herman

      • John, please send me an email with your contact information. I’m struggling with my SBA loan and need consultation & likely representation of your skill set. I can be reached at 714-305-2165. Thank You, Scott Branis.

      • Hi John,
        I’m at the very beginning stages of closing my business and wanting to settle my SBA loan w/ Wells Fargo. PLease contact me via email. Hopefully you’re still around and can help.

        My name is Jeff

      • You said that “The only requirement that the bank has to get paid by the SBA is that the assets securing the loan be sold. There is no requirement that they sue you, take your house or anything else.” Are you sure they won’t take the house even if it was used as a collateral? I have an SBA loan & used my house as a collateral and now the loan is in default. I have Chapter 7 personal protection but have the lein on my house. I have made an offer in compromise to the lender 5.5 months ago…no and response yet. Will the bank ever act on foreclosing my house? It’s my primary house where I live.

      • Can the Dept of Treasury apply a lien against a new property owned that was not collateralized by the loan?

    • Nancy, It is very important to know what your options and your rights are in a distressed situation. The SBA has guidelines for default situations and you can utilize their Offer in Compromise procedure which is an alternative to bankruptcy and can keep your personal credit in tact. Here at Bridge Management we are experts with SBA Default situations, personal guarantees, lien releases, Offer in Compromises, SBA workouts and restructures, etc. Feel free to email or call me anytime to discuss any type of situation. Ryan@BridgeMgt.com 401-390-3800 Direct http://www.BridgeMgt.com

  2. Hello, Can the sba garnish wages in the state of Texas.?

    • Che’ri, the SBA can certainly garnish wages in any state. Texas is among the most protected states in the country via the homestead exemption act, however that does not protect wage garnishment. The number one goal for all of my clients is to get an Offer in Compromise in front of the SBA prior to any type of wage garnishment procedure. It is very important to engage somebody with experience with defaulted SBA loans as well as Offer in Compromises. Ryan@BridgeMgt.com with any questions or concerns.

  3. I had an SBA loan (w/ my ex-husband) in 2007. I overpaid each month and in 2011 decided to restructure my business (divorced in 2009, ex still on loan docs). Contacted the bank who said I could defer to interest only for 3-6 months if paperwork was filled out by both parties. I filled mine out and submitted, ex SAID he did same. Received no statements from bank, so assumed (my fault – ass out of you & me) that everything was fine. Get ready to make payment in Oct (deferment started. In Mar) and saw that the bank had pulled $32,000 out of my accnts! No judgment, no court date. My ex never turned in the paperwork, so I was in default. But $32,000? How can they take that money (including money from 2 trust accnts) with no notice to me? And I was in that bank at least 2 x per week, and no one ever said, hey – you need to pay your SBA loan. Is it legal to just remove $$ from an account w/ no judgment?

    • Wow, Sherry. That’s an awful story. I can’t speak for the bank’s policies, but it’s more than worth looking into further. Hope you can get this taken care of.

    • Hi Sherry, this is a very difficult situation that you are going through. Send me an email and I will guide you in the right direction. All we do is work with defaulted SBA loans, personal guarantees, and debt settlements.

      • I had a Partner in a C Corportation 50/50 I left the corp in 2007- With a 48 page legal document signed by the boss of us – With everything he was liable for including the SBA loan he stop paying and claim bankruptcy they cam after me 3 years latter and took money from ,me. What do i do? Long was with bank of America.

        • Anthony, sorry to hear about your situation. Every SBA loan is different. You should probably talk to someone like Ryan above who has commented on this thread for debt settlement.

      • Where are you located? are you a debtor-creditor attorney? do you know someone who could help me with a situation similar to
        Sherry’s but in North Carolina?

      • Hi Ryan,
        My wife and I along with my parents are personal guarantors on a SBA loan and we have Defaulted
        on it. The bank is discussing with us about a OIC
        but in all reality we feel lost. I have talked to
        Second Wind Consultants and did not have a great
        experiance with them on a conferance call today
        as they were very abrupt and rude. Are SBA loan
        is approximately 600,000 and their fees with front
        end and back end cost would be 100,000 + but they
        guaranteed us they could get rid of the debt. People
        who are in this position are not normally capable of pulling out this type of cash. Please Healp.
        of cash

        • Luis, i’m sorry to hear about your experience with Second Wind Consultants, please give me a call or send me an email if you still have questions or concerns. Those fees that were quoted to you are absolutely outrageous and i’m sure that is not affordable to you. A defaulted SBA loan is simply a debt issue, not a legal issue. Don’t lose any more sleep over this, there is always a solution!

          • Hi Ryan and others,

            In 2007 my business went under. I had an SBA guaranteed loan that I defaulted on for $22K (original balance $25K) with no means to repay. I received a 1099C cancellation of debt from the lender on 9/30/07 for the full amount due on the loan. Monday, 9/16/13, my employer received an order for administrative wage garnishment from the Dept. of Treasury on behalf of the SBA. Can they collect on a cancelled debt? I of course, have filed for a dispute hearing on the basis the debt has been cancelled is no longer owed. Any help would be much appreciated. If feel like I’m living a nighmare all over again.

  4. Every defaulted SBA loan is different. Depending on the local banker, state, Personal guarantees, etc. All we do here at BMC is deal with defaulted SBA loans, personal guarantee and lien negotiations, and debt settlement. Feel Free to email me any ask any questions. Ryan@BridgeMgt.com

  5. We had a small business loan and the bank liened all our property, including personal home and rental house. We had to file Chapter 7 personally because of securing our business debt. We have been discharged for several years but the liens remain. The bank was repaid their 25% of the business loan by sale of our business property. The SBA guaranteed the 75%. Is there any possibility of getting the liens removed?

    • Hi Sandra,

      Yes you can get the liens released by doing what is called an “OIC” Offer in Compromise. Depending on what your financial statement looks like now is going to depend on what the offer will be. Feel free to email me or call me. Ryan@BridgeMgt.com 401-390-3800

  6. Yes Sandra, the liens can be removed. Unfortunately even with Bankruptcy you are still obligated to repay the SBA debt according to the Personal guarantee which is why they still have a lien on your home. We do debt settlements like that on a daily basis with the SBA, and every situation is different. Feel free to message me. Ryan@BridgeMgt.com

  7. I have an SBA disaster loan from Huricane Katrina. I have been separated from my husband for over 2 years. Our home was foreclosed on in Feb. 2010 by the mortgage company. My husband refuses to give me a divorce so I have decided to move on with my life. I have been renting for over 2 years now and am ready to buy a home for my children and myself. Everything has been going well on the mortgage paperwork until a Cavirs was run and it came up with a default on the SBA loan. My husband is being garnished by the SBA and has been working on a payment plan with. So can I get the Cavirs removed so that I can continues with the process of buying a home?

    • Tracey, your question seems to be the million dollar question from many defaulted borrowers over the last several years. CAIVRS is an internal reported credit system that the government uses for defaulted federal loans such as SBA, USDA, FHA, etc. I recently took on a case where a borrower had declared personal bankruptcy to relieve himself of the SBA debt and after 2 years repaired his credit and wanted to buy a house via an FHA Loan but he came up on the CAIVRS list. There is a big misunderstanding within the SBA guidelines and main office in Virginia on whether bankruptcy should relieve a borrower who claimed personal BK from the CAIVRS list. Needless to say, we were able to get him successfully taken off the list without having him pay the SBA any money and he is now in his new home with an FHA loan. The only other way to get taken off the CAIVRS list is to pay it off in full, or submit an Offer in Compromise and ask for release from the CAIVRS list.

  8. Hello,

    I had an SBA loan from 2005 to 2008. The property securing part of the loan was surrendered and the loan was discharged in bankruptcy in 2008, however, I am getting contacted by a law firm that is trying collect the balance of the loan. How can they try to collect on the debt when it was discharged? It seems so strange that this would happen this long after the discharge. Thank you for your help!

    • Hi Lorie,

      Unfortunately your situation is like many others that I deal with on a daily basis. In your situation the SBA got a portion of the balance from the foreclosure on the business and the real estate involved. However you are still Personally Guaranteed for the remaining balance. You need to do what is called an “OIC” Offer in Compromise. You do not want to get into wage garnishment or sweeping of personal accounts by the US Department of Treasury. Send me an Email Ryan@BridgeMgt.com

  9. Just to clarify the answer to the last question, an attorney is NOT required to negotiate the settlement of an SBA loan. What you DO need is an SBA settlement expert.

    I am the founder of a consulting firm that only handles SBA debt settlements, and have written 75 articles on the topic of SBA Offer In Compromise including why an attorney is not always the answer.

  10. I got a SBA disaster loan after hurricane Rita. I lost everything that I own. I just heard that the SBA forgave loans that were made to the state. What about me? is there any way that I can get my loan forgiven or reduced without ruining my credit? I lost everything that I own and ended up with a 30 year bill. Not fair. Does anyone know if it is possible for me to get my loan forgiven?

    Any help would be greatly appreciated!

  11. Hi,
    We bought a house in NH in May 2010 and are in the process of refinancing it (in Sept 2012). In going thru the refi process, we found out that the seller of our house had taken a SBA loan, using our current house as collateral. Seems like the Title and the Closing company completely missed on this lien. We do have Title Insurance for the house. What are my options?
    Thanks,
    John

  12. I have a question about an sba issued loan.
    3 partners took out loan on a building in California. We have refinanced the building and the bank (1st loan) devauled the building and refinanced our loan, the (2nd sba) is still owed some money on the settlement. They will 1099 us for the remaining balance due. The question is …2 of the three partners have no money and are close to filing chap11. Can the sba go after 1 partner for full amount?

  13. I have an SBA loan which has been mishandled by the bank. Briefly, my originating bank was absorbed by another. The first bank applied each payment correctly (fixed principle, WSJ interest + 2%) and not a single payment was missed in 7 years. When the new bank took over, they misapplied every payment (keeping up to 75% in interest and not reducing the principle) until I eventually stopped paying. They denied receiving certified mail, they denied ever having heard from me, they would not discuss the problem. I now pay Treasury directly but have incurred a penalty. And I have overpaid 2K to the bank. And they are holding my life insurance hostage (with an assignment to the original bank) and refuse to put in writing that the loan has reverted to Treasury. I am looking to sue for the overpayment and for damages because I’ve been put in an untenable position. I have paperwork to back up everything but limited funds for an attorney. What can I do? The gov’t says I’m on my own. Thanks for any assistance in advance.

  14. I took a sba loan after hurricane katrina unfortunately it has defaulted. My loan has been turned over to the treasury department. My problem is when I try to find out how much I owe they are giving me a complete goose chase. My tax return has been offset for several years, how do I go about finding out how much is remaining. Also how can I get them to stop offsetting my tax returns?

  15. I have a question about an SBA loan that my ex-husband received several years ago. Because we were married at the time, I was required to sign the loan papers. We subsequently divorced. I recently learned that he is 90+ day late in repaying the loan (not the first time he’s been late) and the bank had an atty send him, his 2 business partners and me a letter demanding full payment. My ex has subsequently worked out a repayment plan with the bank and they’ve put collection on hold. If he doesn’t meet those guidelines (and I’m fairly certain he won’t), the will go back to the demand for full payment. His office bldg is collateral, however it’s underwater. He filed bankruptcy about a year ago and included this loan. I’m looking for any advice on what I should be doing at this point to protect myself/my personal credit, and any indication of what I should expect if he does default.

  16. I defaulted on an Sba loan in 2007. I just filed federal taxes and was to receive a refund. I received a letter stating they are keeping my return. My worry is my house. Will they send me notice of liens? Can they forclose on it? The loan was for $14,500.

    • PG, it sounds like you should speak with your tax accountant or tax attorney.

    • PG, your situation sounds very familiar to emails and phone calls that I get weekly. It sounds like you did the typical run and hide in a default situation back in 2007. What happened was, after a period of time the SBA passed this file down to the US Department of Treasury and eventually your file ended up on somebody’s desk and they took your tax returns. The next thing they will do is start a wage garnishment proceeding. I would not worry about a foreclosure as there is not enough money owed for them to pursue that. You need to contact the Department of Treasury, and track your file down and negotiate some type of payment plan with them.

  17. Hi – Can you help me too?

    I had a SBA backed loan through Washington Mutual – I couldnt make payments and tried to negotiate a lower payment to payoff as bad debt. They told me I had to default but would never negotiate an affordable payment. So it went to court – now I am paying off the full debt to SBA directly at the amount I could pay per month. I understood my dealings with the bank to be over and my debt moved to SBA. However, I have received a 1099-C from the bank as a cancellation of debt for 1/2 amount still owed and says have to report as income??!!
    I am not getting any cancellation of my debt with SBA and certainly no offset as income. Do I have to report this as income or is there some way to dispute? Or have I unwillingly allowed this as part of some court proceeding with the debt to SBA

    Thanks

    • Amanda, Thanks for reaching out to us, but this is a question for your tax preparer.

    • Amanda, typically a 1099 sent by SBA debt is for debt forgiveness and is not looked at by the IRS as ordinary income. We always advise our clients to run this by your accountant and make sure they schedule that properly on your tax returns so you do not have to pay tax as ordinary income.

  18. Hi need some advice. I am 1/7th partnership in an SBA that we defaulted on. The other 6 partners are I person who used his other 6 businesses for the loan. Who decides how this loan is to be divided? If he went bankrupt on his business can the come after me for the whole loan of $665,000?
    Thanks

    • Janice, you should consult legal council to determine what you’re liability is in this situation.

    • Hi Janice, unfortunately your question comes up often and you will not like the answer. Every guarantor who signs on the loan documents as a guarantor is individually responsible for the full balance if the other guarantors were to file personal BK. However, you are still able to do what is called an Offer in Compromise ” OIC ” for a settlement much less than the balance owed. An OIC is put in place for borrowers who are able to pay back something without having to file Bankruptcy. Most attorneys have zero experience dealing with SBA defaults, never mind financial documentation. It is typically less expensive and more beneficial to hire a consultant who has experience in the SBA field such as Bridge Management Consulting.

  19. Following a natural disaster in my state, I was granted an SBA loan in order to make the repairs to my home. The amount of the loan was below $10,000.00, so they were not required to place a lien on my home (I was told that any amount over $10,000.00 required that a lien be placed on the home). I lost my job in 2007 and have been unable to maintain full-time employment since due to numerous lay offs. My house was foreclosed on last year and I have been in default on the SBA loan. I feel that my only way out of this financial ruin is to file bankruptcy. Will bankruptcy discharge my SBA loan?

  20. Hi, i was making a negotiated payment to CIT for an SBA loan that was used to launch a tax business. Times were tough and not a lot of folks were filing taxes so we were not able to make the full CIT payments. We had made 15 consecutive, modified payments to CIT but then got a law suit form CIT 12/2012. We stopped making the payments and pursue help form a civil attorney. She was not familiar with CIT/SBA but tried her best to settle before trial or a judgment. CIT said they would allow us to do a loan modification but if we took that route, if we were ineligible, we would get a judgment. Needless to say, we were not eligible for loan modification and then the judgment was filed. This was 11/2012

    Can we still pay the outstanding balance to CIT before we become barred from SBA? Is it too late? How long before SBA pays CIT for the bad loan and before we are no eligible or barred from SBA?

  21. Hi, I need some advice. My mother and I have a SBA -Katrina disaster in 2005, Florida for $34,000. In 2012 I filed for bankruptcy chapter 13. The loan was removed since the property value decreased to hold the first and the second mortgage. My concern is that SBA will go against my mother and later on to the property if the property gain equity.

    My mother is 81 years old, widow and living from her social security $700 a month. In 2010, I did a quick claim deed to have the property only on my name, but the SBA loan was originated in 2005. Actually I am working a modification with my bank and they told me there are some issues with the property title and the SBA loan with her name. I am waiting for the bank response, but I would like to know if the settlement could be an option for her.
    Thank you.

  22. I really need some help. My wife, prior to us getting married, has an SBA loan with a former boyfriend. She hasnt been involved in the business in 5+ years but they used their old condo as collateral to obtain the loan. The condo has been foreclosed on and I’ve been told that her ex has re-collateralized the loan (probably lying). I’ve also learned that her ex has begun to miss payments on the loan and that they’ve closed the business.
    I’m starting to look for houses to buy but dont want this situation to affect us in the process.
    How can we take her name off the loan?
    Can we have her ex BK the business and walk away from the loan?

  23. Hello,
    I had a SBA loan in 2009, due to economical and hardship situations I couldn’t pay it and I close the business. I finally decided to file for Bankruptcy Chapter 7 last year (2012) and my case was discharged. I recently filed my taxes and I received a letter from IRS stating that SBA is garnishing my money. What should I do? Thank you in advance for your advice.

  24. Apparently it’s a little known fact that a personal bankruptcy does not keep the government from garnishment payments that come from the government, such as tax returns. They can’t levy your assets, but they take your tax returns.

  25. Hi, I live in California and defaulted on an SBA loan in 2003 when my business closed. I continued making sparatic payments through 2008 and could no longer make payments and had no other contact with SBA until 2013. My final response to SBA was the Statue of Limitations was passed on collecting on the loan, which in California is 4 years. Recently, my Federal tax return. What can be done at this point?

  26. Hi Barbara,
    As Ty Kiisel has said, there are other options for you at this point. Since you live in California, there may be other options that you are not aware of that may be of benefit to you.

    You may contact me at: dbutler4financing@gmail.com.

    Sincerely,

    D. Butler

  27. In Florida, if you default on a SBA loan, can they come after your 401(k)/ IRA?

  28. Hello i have a LARGE delinquent SBA loan. I was Divorced in 2009 but the judge gave the company to her in the divorce. She ran the company into the ground in 6 months and sold the assets. I have recently became legally disabled and have a large back pay coming to me for about 2 years worth of disability pay. i have not worked in 4 years. will the treasury take it all? what are my options as i cannot afford tooth paste until my pay kicks in later this month.

    thank you

    • John, your best bet is to consult an attorney to see what your options are.

    • John, your situation is very familiar to situations we deal with on a daily basis here at Bridge Management. You can flip a coin and figure out if the treasury will take all of it. If they know about it, the odds are certainly likely they will get it. You should seriously consider speaking to a BK attorney to include the SBA debt so you can protect your disability and future wage garnishment.

  29. Thank you. i am seeing one on Monday. I will post my options for future use here!

  30. I have a Katrina Disaster Loan from the SBA. All of the funds were used to pay vendors and employees. I did not take a salary for 6 months. After a year of payment via liquidation of 401K, Assets, and home equity loan. I closed the business on Jan of 2007. I have a partner who has his house for collateral. he is medically disable and has been since 09. I have made 2 OIC with no reply. I have not the means to pay the loan and just got a foreclosure notice this week. What is the minimum OIC % you have seen accepted?

  31. Hi Ryan,

    Back in 2010 we filed a Chapter 7 for personal and business. We got discharged, however we had our mortgage broker friend check our deed and come to find out we have a lien from the bank who issued us an SBA loan back in 2007, they never contacted us to ask for monies. Our house is under water, so I dont know what they think they can get. Our lawyer didnt say anything about a lien so this is news to us. Can we file a motion to re-open the case and ask the judge to discharge it again? I dont feel like we should have to do an OIC since it should have been discharged in the BK. Options?
    Thanks

  32. HI ALL,

    My question is that I had a SBA loan of $75000 and was unable to repay due to real estates slump back in 2009/ 2009, and I had filled a chapter 7 which did not discharge. Now what are my options to clear SBA loan.
    THANKS ADVANCE.
    ADJ

  33. John Homan
    Can you contact me PLEASE!!!! I May need your services? Thank you.

  34. Hi, Thanks for sharing this post. It means a lot for many people out their planning to have loans.

  35. Our business, an S-corp, secured an SBA loan in 2007. We defaulted in 2012 when our business closed. All assets that were collateral were sold and we got a loan for the remaining equity in our home, also collateral, which went towards the balance. The remainder, apx 50k, has been sent to the SBA or Treasury, not sure if there is a distinction there for collections. Are we personally liable and what can we expect now?

  36. I live in SC I do not think I will be able to pay my loan can you help

  37. We closed our business due to downturn in economy last year. We finally received an OIC approval from SBA after almost a year. The only specifics it really gives on the “consequences” is that we will not be able to receive any type of gov’t loans in the future (SBA, FHA, VA, student loans), and that we will be 1099’s for the difference. I know if you settle a credit card and they 1099 you, you can fill out the worksheet to regarding debt vs. income, and if your income in insufficient the 1099 income is invalid. Is it the same with this SBA debt? Also, does the OIC settlement release my personal guarantee?
    Thank you!

    • Second question first. If the OIC was properly prepared, you have been released from your personal guarantee. As to the 1099, it should be sent to the entity that took out the loan, not you. If you had an LLC or corporation, they got the money. You were a guarantor not the borrower.

  38. Any advices or helps?

    I have in California n went into default on my sba 7a loan since 2010. All the collateral properties including the business property were sold. Now I still owe approx. $750,000.00. I have not pay or heard from the bank since 2011. What should I do or expect next?

    • The only advice I can give is to consult with your attorney and CPA.

    • We need to proactively contact the SBA and work out a settlement. If you fail to do so, at some point you will receive a notice form the Department of Treasury and we will need to negotiate with them. They will tack 30% on to the amount owed, which is legal per the SBA loan documents that you probably signed. Treasury is much harder to deal with than the SBA.

    • We need to proactively contact the SBA and work out a settlement. If you fail to do so, at some point you will receive a notice form the Department of Treasury and we will need to negotiate with them. They will tack 30% on to the amount owed, which is legal per the SBA loan documents that you probably signed. Treasury is much harder to deal with than the SBA.

  39. I will be receiving a 1099-C from my bank for the amount that they did not get reinbursed from the SBA on my defaulted loan. The bank has indicated that the 1099-C is in process. Will the SBA ALSO send me a 1099-C for the amount of the difference? Just checking.

  40. Closed corp. bankruptcy. Behind on house payments.
    There is SBA lien on home, do not want to lose home. Bank not motivated talk settlement , Can they be motivated only choice let go to foreclosure and save HELP!!

    • Because the SBA doesn’t always fully collateralize an SBA loan with business assets, it’s not uncommon for them to pursue personal assets in the event of a default. I am not an attorney. I would recommend you seek the advice of one familiar with working with these types of issues. I am unaware of anything that would compel a bank to talk settlement.

  41. need help sba 7a over ml.hotel went bankrupt 2008

  42. I took out a Bank of America sba loan in 2006 last payment was 2/2008 then default now 6 years later performant recovery is telling me all kinds of horror stories that can happen if I don’t pay, I’m on disability now what should I do?

  43. BMC can you assist me?

    I am a widow as of 8/31/12 and the SBA wants me to pay off our loan from Hurricane Irene.

    I asked several times for negotiation with Gregory Lien of their company, he would not assist me or direct me to who could help me.

    I am unemployed, and I wish to settle with them. IN fact I have been slowly paying off all joint debts since he passed, but other companies have worked with me. SBA will not seem to.

    Can you please contact me?

  44. I filed for chapter 7 in 2008 and it included a secured SBA loan. I noticed you said if you have 1 loan discharged through BK then you can’t get another, but what if I pay that loan in full now. Will I be eligible for future loans, since it’s not defaulted and paid in full?

  45. My wife and I have an E2 Visa (Investor Visa) and obtained an SBA loan 2 years ago with the help of our GM who is American Citizen. Our initial agreement was that we would get him of the loan as quick as possible assuming that according to SBA – we could take over the loan and guarantee for the loan after 12 month operating an LLC in California. I’ve contacted the Bank (Monterey County Bank) and they told me that in order to qualify for the loan I have to have at least a green card or be American citizen. We are not in default or anything so it is just to clarify and understand how we can get our GM of the loan.

  46. I have a sba loan that has a lein against my house, I need help to get the lein of my house, I am 30 years behind, please tell me you can help me out in Ohio Area, Youngstown area

  47. my partner (awesome credit) and myself (not so much) are looking at applying for an sba loan to fund our start up from the building brand phase to a sales phase. I have a FHA backed home loan that we went late on so we could qualify for a modification and we are still in the trial period. How and does this effect our ability to secure a sba loan?

    • Aaron,
      It’s possible your partner’s credit might carry the day for you, but that will depend on the bank, the underwriter, etc. Any ding on your credit will show up. You need to demonstrate to the bank you and your partner are a good credit risk. Startup funding is tough, even on its best days. Good luck.

  48. Hi i got a SBA loan in 2008 and defaulted in 2009 and the company went out of business in 2010. I was told by a attorney that the state statue of limitations had ran out for them to collect from me. Today a really rude lady from SBA told me that government Loans do not have statue of limitations and they could collect till I died then take my estate. I replied I will file bankruptcy before I pay you a dime and hung up. However I really rather not do that and I am wondering was my attorney wrong or was she just being a bully.

  49. How is the SBA 75% guarantee calculated? Is it based solely on principal & interest left after a foreclosure or can other fees be included ? Can the bank collect late charges, foreclosure fees, etc. from the SBA if the principal and interest are paid by the borrower?

  50. Because of unemployment, I defaulted on a SBA disaster loan for the contents of my home. The collection company has charged an outrageous administration fee. What can I do to reduce the administrative fee. Once I started working, I’ve been paying my loan every month for the past eight months, but they will not reduce the fee. Help?

  51. I have a SBA loan directly with the SBA under the disaster loan program. they have a 2nd on our house and we filed bankruptcy in 2008. please call 407-702-7055

  52. Hurricane Katrina destroyed my home and some rental properties. I took out SBA disaster assistance loans to help. One loan was a refi on my home that was destroyed along with fixing it $400,000 and the other loan was for 100,000 to fix the rentals. I still had mortgages on all properties. I was able to make the payments but started having trouble in 2009 with the recession. I have been in and out of Liquidation. I am trying to get another workout with them but it seems they are ready to drop to Treasury. I am scared of Foreclosure. I have 4 properties tied to the SBA loans, 3 properties SBA is in second position behind mortgage companies, Carrington and Wells Fargo but my home I have a second of 80k from SLS that was not part of the refi from SBA… Can they foreclose, they spoke to me about charge off but I figured since they were in first position on the home I built twice they would come after it… I have not been able to sleep, I am so worried, I owed 280k when the storm hit and now I owe close to 500k and the house is worth around 330,000….

  53. What are my options with my SBA home disaster loan from Hurricane Katrina. My now ex husband lived in the home for more than 2 years after I left him and paid the note. I did not want the house. We divorced, and as part of the divorce settlement agreed to ready it for sale or to rent. He left the country–moved to China. He has not paid even his half of the mortgage note and I can’t. i am on disability and only get $640 a month. He does not pay child support that was ordered. SBA took my entire tax refund last week without notice. Can I bankrupt on this loan? I need help.

  54. I received a disaster loan after hurricane Katrina. I had a small house that I was remodeling. My insurance cancelled because house was not livable. I became disabled after getting the loan and was forced to file for SS disability. With the decline in my income I missed a couple of payments and my loan was turned over to a collection agency. They deduct my payment out of my SS check before I get it. It doesn’t leave me enough to even rent an apt. Is there any way I can get this loan forgiven. Please help!

  55. My question is rather long and drawn out. I will try to make it as short as possible.
    1. In 1998 I assumed an SBA loan for $550,000 to purchase a business (in Texas).
    2. Six months into the business I discovered all financials were fraudulent. Filed suit on previous owner and got $100,000 note discharge. Notified SBA and asked for reduction and got interest only payment for a period.
    3. In 2005 I made an offer in compromise for 150,000. SBA and Wells Fargo offered $200,000, which I paid.
    4. My accountant made me show it as “cancellation of Debt” on 2005 return and I owed $179,000. (I did not get a 1099 and the “Advocate for IRS said I should not have reported on my return)
    5. I put a second lien on my home and paid IRS in 2006.
    6. The $200,000 and $179,000 payment drained me and the economy of 2008 forced personal bankruptcy. I did not BR the LLC as the A/R finance company liquidated my assets and the BR attorney said it would not be necessary.
    7. The bankruptcy was completed in April 2009.
    8. This week I got a call from a person by the name of Danny from a debt collector in New York called “Conserve”. He informed me that he was a debt collector for the Treasury and that I owed $512,348.20 and needed to make arrangements for payment.
    9. I informed him of some of the above information above and he said I would have to have prove it referencing some form number as I recalled.
    10. Today June 21st I received a statement in the mail stating the same.
    11. I told him it had been settled 9 years ago and I did not want to hear from him again.
    12. Last night at about 5:00 PM I got another call from another collector wanting me to call them back concerning this debt.
    13. My problem is that all the records concerning the SBA loan were in file cabinets that I could not get access to after closing the business and the SBA loan was not on the books at that time 4 years had passed and I thought it was all over with.

    Do you have any suggestions where I should start?

    Respectfully
    Tommy York

  56. I owned a commercial building in Arizona. In 2013 the building went to foreclosure sale. I had an SBA 504. The property went back to the 1st Lien holder, but the debenture/SBA is trying to collect from me and my ex-wife. I could use someone experienced in this field. The debt is for $600k. I can be reached by phone at 818-970-5778.

  57. Hello, my name is terry sabree, i am a service-connected disable veteran, who took out a disaster loan because of Katrina in 2005. At the time i had 2 property, the one that was damage and repaired with the funds was taken when i had to file bankruptcy 13 in 2009, i am a month away from a 60 month discharge, and while trying to re-finance my other home (that i was aloud to keep), i see there is a lien, even though the loan was to be discharge. what are my options for removal or transfer of the lien? thank you.

  58. I have a SBA loan in default after Hurricane Katrina. They will not work with me and want to garnish my wages. I have information that the loan has a lot of inaccuracies. Can you help me?

  59. Can a sba loan be forgiven if it is ducted from my SS check
    by the internal revenue

    • There is probably a better way to resolve this. If you allow your social security payment to be used as a payment source, it will continue for the rest of your life. We can help you with this, but you need to contact me very soon. Please call me at 619-279-7522 or email me at john@aegisencorpus.com.

  60. We had a agricultural business that closed in July of this year. We have a SBA backed 7a loan with a small local bank that holds a second on our property for $548,000.00 with a unconditional guarantee from our parents who are also farmers and are going out of business too. We also have a first loan on our property for $248,000.00. Along with those loans we had 2 operating lines of credit totaling $40,300.00 that were with the small bank who is also is the SBA backed lender but these lines are third and fourth liens. We have been very open and honest with our bank and even told them we were going to miss our payment about a month before it was due so we could work out a solution. Since then we are now about 1 month late on the loan. We have handled the sale of all of the business assets for our bank and have notified them of all sales. We have also maintained the property and all structures.

    Our bank that we have the SBA loan with has not been easy to work with though. When we told them we were not going to make the payment the bank froze our business and personal bank accounts immediately. They also refuse to call in on the SBA guarantee. We have now brought them a short sale and have tried to form a work out plan but the bank still refuses to work with us for a solution. Instead the bank simply wants to sue us and the guarantors even after we sell the property. Also recently our bank has emptied our business account and applied those dollars to the operating lines of credit in full without our approval. Those funds were accumulated by selling assets of the business.

    What can we do to protect ourselves and our parents? We have a small cash offer for the total debt of the property that will cover the first on the property but the second loan which is SBA guaranteed will not be covered.

  61. Our SBA Loan of $90,000 is due on Dec 1 2014. It is highly unlikely we will be able to pay and will be in default. What should we do proactively to lessen the impact of the default?

    • Its best to retain one of the firms that specialize in resolving these SBA loans. If you will contact me, we can give you one free consulting session to discuss your situation and suggest some ideas. We can help you with this, but you need to contact me very soon. Please call me at 619-279-7522 or email me at john@aegisencorpus.com.

    • Its best to retain one of the firms that specialize in resolving these SBA loans. If you will contact me, we can give you one free consulting session to discuss your situation and suggest some ideas. We can help you with this, but you need to contact me very soon. Please call me at 619-279-7522 or email me at john@aegisencorpus.com.

  62. HELLO MY FATHER TO OUT A SBA LOAN WITH NO SECURITY AND MY MOM NAME WAS SECOND ON IT MY FATHER PAST AWAY 2 YEARS AGO MY MOM TRIED TO CONTINUE TO PAY ON IT BUT GOT DEFAULT BECUASE SHE ONLY RECEIVED SOCIAL SECURITY AND COULD NOT AFFORD TO PAY NOW THE FORWARD TO THE TREASURE WHAT CAN SHE DO THEY TALKING ABOUT TAKING 150 A MONTH FRO HER SOCIAL SECURITY CHECK PLEASE LET ME NO WHAT SHE CAN DO

    • This is something that many people do not understand. If you don’t resolve your SBA loan, they can deduct payments from your Social Security for the rest of your life. Your mom may qualify for a settlement with the Department of Treasury. We can help you with this, but you need to contact me very soon. Please call me at 619-279-7522 or email me at john@aegisencorpus.com.

  63. I had a SBA loan to my company through a local bank I had some medical issues and fell behind on my loan the bank sent out forclousure letters my wife an I panicked and hired a lawyer to help us and that did not go over well he had told us not to pay he would work it out about 8!months later we went into a forbearance agreement and we started to make the payments every month after a year the bank foreclosed again and we had to hire another attorney
    We called SBA and they told that there was nothing they could do we asked what we could do to save our bussiness and 12 employees they said nothing at this point the new attorney worked out a deal and we pd the bank back all the back payments and they applied them to the principle bal and told us to get a loan some were else we could not because we were late on our SBA loan in the past 24 months any way the took my money my bussiness property my assets and my good name and destroyed my reputation I had to buy back my bussiness to try to keep working and at this point I have weeks to try and get the money to buy back the real estate thrugh a family member I can’t SBA won’t help me and the bank s in the area wont step up with out SBA I am stuck I want to pay I did not default as far as I am concearned the bank and SBA left me out to dry now I am at the end of the road where do I stand

    • It seems to me that you may be getting some bad advice. We have been dealing with businesses with problems just like yours for many years. We can help you with this, but you need to contact me very soon. Please call me at 619-279-7522 or email me at john@aegisencorpus.com.

    • It seems to me that you may be getting some bad advice. We have been dealing with businesses with problems just like yours for many years. We can help you with this. Please call me at 619-279-7522 or email me at john@aegisencorpus.com.

  64. Have a SBA disaster assistance loan on rental properties that is in default. Lost rental properties in foreclosure. Loan has been turned over to Treasury for collection. Recently received 10 day demand letter. Have reason to believe that lender may have violated Regulation B of ECOA – Spousal signature co-signer. Properties were purchased prior to marriage. Wife was never officer or member of LLC. Need help quick!

  65. Can they take money form my son’s deceased step fathers SSDI that he get’s until age 18, even if the money is deposited in my ex-wife account that was a guarantor on a SBA loan?

  66. I have had an SBA loan for three years which allowed me to purchase the property by business occupies. I have always paid on time. I want to now sell my business and property but that is a hefty price tag so I want to sell only the business and hold the real estate for a while, until either I can sell it or the new business owners can purchase it. My loan document states that I would be in Default if I sold my business, merged, or did anything else that would in effect the ownership without ‘ prior written consent from the bank’.
    What are my options? How difficult is it to get the bank to essentially approve a new business owner?

  67. If my LLC’s SBA loan goes into default, can the bank tap my home equity line without permission, in order to pay it?

    Thinking that I should move personal loans and accounts to a different bank to help safeguard.

  68. Here at Bridge Management Consulting we are experts with SBA loan defaults, personal guarantees, lien removals, Offer in Compromises, etc. Feel free to contact me anytime to discuss any type of SBA loan issues that you may have or may see in the near future.

  69. Just received a collection letter from SBA. They want 38K in 10 days. Honestly, this has been a complete nightmare. How do I contact you?

  70. Mary, I am sorry I did not see this sooner. I will give you a free consultation and we can lay out a plan to put this behind you. We can help you with this, but you need to contact me very soon. Please call me at 619-279-7522 or email me at john@aegisencorpus.com.