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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

Best Practices: Documenting Disbursements: Construction Loans

Documenting disbursements can be a monumental task for SBA lenders on construction loans. SBA cites failure to use loan proceeds as required by the SBA loan authorization as one of…
  • March 30, 2016
  • Jennifer E. Borra

Best Practices: New Minimum Standard Requirements for ALTA Surveys

Late last year, the American Land Title Association (ALTA) and the National Society of Professional Surveyors (NSPS), successor to the American Congress of Surveying and Mapping (ACSM), adopted new Minimum…
  • March 23, 2016
  • Victor A. Diaz

Best Practices: Make NO Mistake – Circuit Courts Rule Against Lenders for Minor Errors in Security Documents

When financing a government guaranteed loan through the Small Business Administration (“SBA”) 7(a) program, lenders must not only identify all collateral required by the SOP 50 10 but also obtain…
  • March 9, 2016
  • Katherine D. Tohanczyn

Best Practices: Use Loan Proceeds to Refinance Existing Debt

When SBA lenders use loan proceeds to refinance existing debt, there are various requirements that must be met for the loan to be eligible. SOP 50 10 5 (H), Subpart…
  • March 2, 2016
  • Katie O'Brien

Best Practices: Understanding the Automatic Stay in Bankruptcy

When a commercial loan goes into default, it is not uncommon for the borrower or guarantor (or both!) to enter bankruptcy. A bankruptcy filing by the borrower or guarantor has…
  • February 24, 2016
  • Starfield & Smith
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