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Best Practices: The Price of A Discount: Documenting Collateral Analysis Under the SOP 50 10 5(K)

An underlying premise of the Small Business Administration (“SBA”) 7(a) loan program is to provide financing opportunities for small businesses that demonstrate repayment ability but lack adequate collateral. Overall, lenders…
  • June 12, 2019
  • Katherine D. Tohanczyn

Best Practices: The Benefits of Voluntary Surrender Agreements

Not all loan defaults result in contentious interactions between the lender and the obligors on a commercial loan.  In some situations, obligors are motivated to work with the lender to…
  • June 5, 2019
  • Lyndsay Rowland

Best Practices: Character Determination Under SOP 50 10 5(K)

The Small Business Administration ("SBA") is known throughout the United States as a champion of small business. In order to uphold the integrity of the program, the SBA requires that…
  • May 29, 2019
  • Michelle Sergent Kaas

Best Practices: When does a Lender need to obtain a Limited Guaranty?

Guaranties are typically required on SBA loans, and while it is generally clear who must provide a full unconditional guaranty, it is more of a grey area when it comes…
  • May 22, 2019
  • Timothy D'Lauro

Best Practices: General Title Exceptions – Part 2

As a continuation to the article Best Practices: General Title Exceptions – Part 1, this article will continue the overview of “general title exceptions”, which typically appear in an ALTA loan…
  • May 1, 2019
  • Kristen Dickey

Best Practices: Obtaining the Correct Lien Position on Your Collateral

Because many SBA loans are under-collateralized, the SBA guaranty is often the most valuable piece of “collateral” to a lender. Because of this, it is imperative that lenders avoid the…
  • April 24, 2019
  • Katie O'Brien
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