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Best Practices: Change in Restriction on Uses of Proceeds under the SBA Proposed Rule

On October 26, 2022 Volume 87, No. 206 of the Federal Register contained a Notice of Proposed Rulemaking on Affiliation and Lending Criteria for the SBA Business Loan Programs.  The…
  • November 2, 2022
  • Janet M. Dery

Best Practices: How to Avoid Common SBA Loan Closing Pitfalls

In an effort to meet the “closing deadline” desired by the small business borrower, lenders may feel the need to rush the closing and overlook critical housekeeping steps.  When implemented…
  • October 26, 2022
  • Jennifer E. Borra

Best Practices: Updated Lender Servicing Responsibilities for PPP Loans

On October 5, 2022, the SBA released Procedural Notice 5000-835955 (Extension and Revision of SBA Guidance on Guaranty Purchases and Lender Servicing Responsibilities for PPP Loans) or the “Notice.” The…
  • October 19, 2022
  • Timothy D'Lauro

Best Practices: Dealing with Federal Tax Liens

When reviewing search results in connection with extending an SBA loan, lenders may come across a recorded Notice of Federal Tax Lien (NFTL) filed against a borrower or guarantor. Understanding…
  • October 12, 2022
  • Kimberly A. Rayer

Best Practices: Loan Servicing Request to Substitute Real Estate Collateral Part 2

Our June 15, 2022 article discussing servicing requests involving real estate collateral for SBA loans generated spirited discussion and feedback from several readers. See Best Practices: SBA Loan Servicing Request…
  • October 5, 2022
  • Lyndsay Rowland

Best Practices: The Nuances of Documenting Credit Not Available Elsewhere

Before any lender may finance an SBA guaranteed loan, it must assure compliance with SBA’s “credit elsewhere test.”  Compliance is a critical eligibility prerequisite.  The test is foundational and one…
  • September 28, 2022
  • Kristen Dickey
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