Lenders participating in the U.S. Small Business Administration lending programs often encounter borrowers who are unrepresented by legal counsel for the loan transaction. As a result, borrowers try to rely…
All SBA loan applicants and their affiliates must be small, when aggregated together, under SBA size requirements to participate in SBA’s lending programs. In determining whether affiliation exists, SBA analyzes…
Effective January 1, 2018, SBA issued new rules to further simplify the franchise affiliation review process in SOP 50 10 5 (J). Lenders will no longer need to review franchise…
SBA lenders have a responsibility to ensure that they maintain the integrity of the SBA loan programs throughout their institutions. 13 CFR §120.140(f) prohibits SBA lenders from engaging “in conduct…
Everything AND the kitchen sink? This question faces all SBA lenders who are attempting to comply with SBA’s policy concerning available collateral. Under SOP 50 10 5(I), Chapter 4, Paragraph…
As we have noted in the past, ordering public records searches for commercial loan transactions is more an art than a science. The objective in performing pre-closing searches on SBA…