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Best Practices: Current Guidance on Lender Servicing Responsibilities for PPP Loans and SBA Guaranty Purchases

In SBA Procedural Notice 5000-812316 effective July 15, 2021 (“Notice”), the Small Business Administration (“SBA”) sets forth a lender’s responsibilities for servicing and resolving unforgiven Paycheck Protection Program (“PPP”) loans,…
  • July 28, 2021
  • Kristen Dickey

Best Practices: Navigating Title Commitments in Commercial Lending

When documenting a commercial loan for financing the acquisition of real estate or when there is real estate as collateral for your commercial loan, you will  likely require a loan…
  • July 21, 2021
  • Michelle Sergent Kaas

Best Practices: Funding Equity Injection through a Corporate Affiliate

Although funding equity injection through a borrower’s affiliated entity is not an uncommon practice, lenders must exercise care in these circumstances.  On many occasions, such transfers of funds from the…
  • July 14, 2021
  • Demetri A. Braynin

Best Practices: Perfecting Liquor License Liens

SBA loans are often used to finance restaurants, liquor stores or other retail establishments that sell, and in some cases, serve, alcoholic beverages to their customers.  As SBA lenders structure…
  • July 7, 2021
  • Ethan W. Smith

Best Practices: Purchase Money Security Interests: Considerations for specific assets purchased with SBA loan proceeds

Generally, an SBA lender will need to secure its loan with a perfected security interest in specific equipment purchased, or to be purchased, with loan proceeds.  Lenders must take special…
  • June 30, 2021
  • Corrie Thrasher

Best Practices: The Need to Review Title Exceptions

Most, if not all, commercial real estate developments contain covenants, conditions, and restrictions (commonly called "CC&Rs") used to regulate the use, appearance, and maintenance of commercial real property.  These CC&Rs…
  • June 23, 2021
  • Victor A. Diaz
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