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Best Practices: The Nuances of SBA Form 159

Recently my colleague, Norman E. Greenspan, wrote an article about the newly enhanced role of the Office of Credit Risk Management (“OCRM”) when it comes to evaluating lenders’ conduct in complying with the…
  • April 17, 2019
  • Demetri A. Braynin

Best Practices: The “Art” of Ordering Public Records Searches #2

SBA Lenders often wonder about what public records searches they must order as part of their due diligence when processing an SBA loan. Unfortunately, the SBA does not specify any…
  • April 10, 2019
  • Ethan W. Smith

Best Practices: Understanding the Office of Credit Risk Management’s Newly Enhanced Role in the SBA Regulatory Scheme

Last year, the President signed into law the Small Business 7(a) Lending Reform Act of 2018, Pub. L. 115-189 (“SBA Reform Act”) that amended the Small Business Act, 15 U.S.C.…
  • April 3, 2019
  • Norman E. Greenspan

Best Practices: Pitfalls of Equity Injection Documentation

For SBA lenders, proving equity injection is a critical part of the due diligence process since failure to properly do so can result in a denial of the guaranty on…
  • March 27, 2019
  • Jessica L. Conn

Best Practices: Leasing Restrictions under the new SOP 50 10 5(K)

Effective April 1, 2019, SBA’s SOP 50 10 5(K) contains provisions restricting SBA borrowers from leasing real estate acquired with SBA loan proceeds to any business that a borrower knows…
  • March 20, 2019
  • Jennifer E. Borra

Best Practices: Changes to the 504 Loan Program under SOP 50 10 5(K)

SOP 50 10 5(K) will take effect on April 1, 2019. This article touches upon a few of the changes to the 504 Loan Program contained in Subpart C of…
  • March 13, 2019
  • Janet M. Dery
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