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Best Practices: Use of Proceeds Disbursement Considerations

One of the most important conditions in properly closing an SBA loan is making sure that the use of loan proceeds complies with the SBA Loan Authorization. It is the…
  • April 26, 2017
  • Janet M. Dery

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
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