Articles

At a recent conference, I met several traditional lenders that expressed interest in SBA lending, but they did not know where to get started. A great place to start is the SBA Express Loan. SBA Express loans must meet SBA’s standard eligibility requirements as set forth in 13 CFR §§120.10 and explained in SOP 50 ... Read More

We have written in the past about the SBA Office of Inspector General’s activities in addressing fraud, waste and abuse in the SBA and the SBA’s loan programs. One of the criticisms of the SBA loan program is that because the lenders rely on the SBA loan guaranty for repayment upon default, lenders at times ... Read More

When a SBA lender comes across a small business applicant whose ownership interests or assets are owned by a Trust, the first question often asked is whether the Trust or Trustee need to be a borrower or a guarantor of the loan. The simple answer is that if the Trust benefits directly from the loan, ... Read More

As we’ve seen over and over the last few years, communities across the United States have been devastated by storms and resulting floods that have destroyed homes and businesses alike. Undoubtedly, some of those businesses begun or were sustained with SBA loans. Therefore, it is crucial for SBA Lenders to understand Flood Insurance and, when ... Read More

According to 13 CFR §103.1(d)), a Lender Service Provider is “an Agent who carries out lender functions in originating, disbursing, servicing, or liquidating a specific SBA business loan or loan portfolio for compensation from the lender.” Following is some useful information about the use of a Lender Service Provider (“LSP”) that lenders should be aware ... Read More

On June 27, 2016, SBA issued a Final Rule on regulations related to affiliation analysis. This rule will be effective as of July 27, 2016. As was true for the prior rule, the final rule frames affiliation in terms of control. It provides that “concerns and entities are affiliates of each other when one controls ... Read More