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Best Practices: Diligence In Collecting Financials Can Save A Lender Headaches Down The Road

Once a loan has closed, it moves into the lender’s portfolio to be serviced in accordance with that lender’s policies. That servicing continues until the loan is paid in full…
  • November 14, 2018
  • Lyndsay Rowland

Best Practices: Taking the Guesswork Out of Religious Eligibility Determinations

Pursuant to the First Amendment, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. . .” (U.S. Const. Amend I). The First Amendment…
  • November 7, 2018
  • Michelle Sergent Kaas

Best Practices: The Survey Exception

The U.S. Small Business Administration (“SBA”) National 7(a) Authorization Boilerplate Version 2018 (“Boilerplate”) indicates SBA lenders must obtain a lien on 100% of the interest in the Borrower’s collateral and…
  • October 24, 2018
  • Kristen Dickey

Best Practices: Proposed Rule Change: Permissible Fees

On September 28th, the SBA issued proposed rule RIN: 3245-AG74 (“Proposed Rule”) which proposes several changes to SBA’s current regulations. One such change would affect the type and amount of…
  • October 18, 2018
  • Starfield & Smith

Best Practices: Enforcing Assignments of Leases and Rents in Bankruptcy Proceedings

As part of most institutions’ prudent lending practices, due diligence processes, and SBA program requirements, lenders obtain executed assignments of leases and rents from their borrowers. These agreements entitle lenders…
  • October 10, 2018
  • Demetri A. Braynin

Best Practices: Proposed Rule: Potential Reinstatement of the Personal Resource Test

On September 28, 2018, SBA issued proposed rule RIN: 3245-AG74 (“Proposed Rule”), which proposes changes to several aspects of SBA’s current regulations. Lenders have 60 days, or until November 28,…
  • October 3, 2018
  • Jessica L. Conn
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