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Best Practices: Landlord’s Agreements – Waiver or Subordination?

A large number of business owners who seek financing under the SBA 7(a) Loan Program operate from leased locations, be it stand-alone buildings, shopping centers or commercial office parks. In…
  • December 5, 2018
  • Victor A. Diaz

Best Practices: Lender Liability for Failure to Satisfy a Mortgage

Most state statutes require that any lender who receives full payment of all sums due on a mortgage must satisfy said mortgage following a formal request from the borrower. Recently,…
  • November 28, 2018
  • Demetri A. Braynin

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
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