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Best Practices: Secondary Collateral Real Property – Title Search or Title Policy?

The Small Business Administration (the “SBA”) generally expects lenders to obtain a policy of title insurance for primary collateral real property where SBA loan proceeds are being used to purchase…
  • May 25, 2016
  • Kristen Dickey

Best Practices: Clarification of 25% Contribution in a Partner Buyout

As stated in the SBA Standard Operating Procedures (SOP), if the purchase price of a business includes intangible assets in excess of $500,000, the borrower (or seller, in the form…
  • May 18, 2016
  • Ethan W. Smith

Best Practices: Executed Purchase-Sale Agreements

Financing change of ownership transactions can present several unique challenges for lenders that are not part of loans for refinances or startups. From determining what searches are required to ensure…
  • May 4, 2016
  • Ethan W. Smith

Best Practices: Collateral Securing Guaranties

Under Subpart B, Chapter 4, Section II of SOP 50 10 5(H), a lender must use commercially reasonable and prudent practices and procedures to identify property which may be collateral…
  • April 27, 2016
  • Janet M. Dery

Best Practices: Leasing Part of a Building Acquired with SBA Loan Proceeds

The SBA imposes occupancy requirements when loan proceeds include the purchase of an existing building or for new construction. These requirements are designed to ensure that the borrowing entity’s business…
  • April 20, 2016
  • Timothy D'Lauro

Best Practices: When Between a Rock and a Hard Place, Facts Matter!

Most SBA lenders are aware of the rule that they cannot request that the SBA purchase a loan guaranty until the loan has become at least 60 days past due.…
  • April 13, 2016
  • Ethan W. Smith
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