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Best Practices: The Do’s and Don’ts of Refinancing Same Institution Debt under the SBA 7(a) Loan Program

In the SOP 50 10 5(K), the U.S. Small Business Administration (“SBA”) sets forth specific rules on refinancing same institution debt.  If a lender is seeking to refinance its own…
  • September 18, 2019
  • Michelle Sergent Kaas

Best Practices: Non-Compete Agreements: When Does a Lender Need One?

When a Buyer is considering acquiring a new business, both the Purchaser and Lender should consider whether the Seller or any of its key employees could pose a threat to…
  • September 11, 2019
  • Timothy D'Lauro

Best Practices: Considerations for Complete Change of Ownership

Financing a business acquisition is an eligible use of SBA loan proceeds, provided, that certain conditions are met.  SOP 5010(5)(K) states that a business acquisition must result in a 100%…
  • September 4, 2019
  • Kristen Dickey

Best Practices: Untimely Notices of Commencement – Restoration of Priority in Florida

A Notice of Commencement recorded prior to your mortgage can wreak havoc on your construction loan.  In Florida, before any work can begin to improve real property, a Notice of…
  • August 28, 2019
  • Victor A. Diaz

Best Practices: The Basics of Lender Service Provider Agreements

The recently revised Standard Operating Procedure 50 10 5(K) (“SOP”) defines the Lender Service Provider (“LSP”) Agreement as “a written contract between a Lender and an Agent who assists the…
  • August 21, 2019
  • Demetri A. Braynin

Best Practices: Documenting Credit Not Available Elsewhere

The SBA program is deeply rooted in the idea in providing support only to “applicants for whom the desired credit is not otherwise available on reasonable terms from non-Federal sources.”…
  • August 14, 2019
  • Jessica L. Conn
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