SBA 7a loan proceeds may be used by a borrower to make improvements to a leased premises where it operates its business. Many times, a borrower will negotiate a tenant…
Newly promulgated regulatory changes to the Eligible Passive Rule (“EPC/OC Rule”) took effect on September 20, 2017. Among them was a rather simple and welcomed change, allowing the use of…
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…
A primary reason for a repair of the SBA guaranty is a lender’s failure to obtain the required lien position on collateral. When a lender fails to obtain the required…
The Small Business Administration (“SBA”) has released SOP 50 10 5 (J), which takes effect on January 1, 2018. The new SOP sets forth changes with respect to franchise agreements,…
Lenders should consider entering into a forbearance agreement when liquidating SBA guaranteed loans. These agreements are valuable tools which may permit successful workouts instead of lenders having to resort to…



