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Best Practices: Calculating Rent under the EPC/OC Rule

Most lenders know the EPC/OC rules, but calculating the proper rent payment on an EPC/OC lease can be complicated. The SBA does not permit lenders to make SBA loans to…
  • April 19, 2017
  • Jessica L. Conn

Best Practices: Troubleshooting Adverse Search Results

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…
  • April 12, 2017
  • Jennifer E. Borra

Best Practices: Navigating Conflicts Between State Statutes and the SOP

In construction law, retainage is the percentage of the completed work that is deliberately held back until a project is completed (or sometimes substantially completed) and not paid to the…
  • April 5, 2017
  • Katherine D. Tohanczyn

Best Practices: The Burden of Proving Your Guaranty Purchase Case #2

In the American criminal justice system, defendants are afforded a presumption of innocence which is derived from the fifth and fourteenth amendments to the Constitution.  This standard, which has been…
  • March 29, 2017
  • Ethan W. Smith

Best Practices: Further Changes to Franchise Review Procedures Under SBA Policy Notice 5000-1941

In a previous Starfield & Smith article posted on December 14, 2016, I discussed SBA’s new franchise guidelines that were implemented with SOP 50 10 5(I) in an effort to…
  • March 22, 2017
  • Katie O'Brien

Best Practices: Why a Forbearance Agreement May be a Win-Win Solution for Dealing with a Struggling Borrower

When faced with a borrower who is a chronic late pay or who has approached the lender to discuss options because they have defaulted or are about to default on…
  • March 15, 2017
  • Lyndsay Rowland
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