If you are an investor in a company funded by a Small Business Administration ("SBA") loan, then you may wondering whether you are liable for the company debt should the business fail. The Borrower is principally responsible for repayment of the underlying promissory...
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Release From Your Personal Guarantee on an SBA Loan
Owners with at least least a 20% stake in an SBA loan financed business will be required to execute a personal guarantee. This means that, as an owner, you are promising to pay the SBA lender and/or the government in the event the Borrower (your business) defaults and...
Joint and Several Liability: How did I get stuck with the whole bill from the SBA?
Many people contact our law firm after receiving an SBA 60-day letter demanding that they pay the entire amount due under their company's defaulted SBA loan. And, time and time again, we hear, they protest claiming they only own 25% percent of the company and so...
I am just a part owner in the business, will the SBA require me to sign a guarantee on the loan?
The SBA expects every 7(a) loan to be fully secured. Although, the SBA will not decline a request to guarantee a loan if the only unfavorable factor is insufficient collateral, provided all available collateral is offered. But, every SBA loan must be secured by all...
How can I still be liable to the SBA when my ex-wife assumed this debt in the divorce?
There's no way around it: divorce is stressful. During this often ugly process the soon to be ex-spouses battle it out and in the end arrive at a division of property and debt that they both agree upon. It is on the assumption that this hard-won agreement represents...