Advocacy

Emailed by the National Association of Government Guarantted Lenders to its members. 
Nothing may be reprinted in whole or part without written permission from NAGGL.
All rights reserved. © 2010, NAGGL, Inc.

January 18, 2010
2010 SBA Lender Management Retreat
Strategies for the 'New Normal'
 

New Orleans

February 3-4
 
Don Cravins
Just announced... special guest Donald Cravins, Jr., Staff Director & Chief Legal Counsel for the US Senate Committee on Small Business & Entrepreneurship, along with Edward Mills, Senior Policy Advisor for Banking and Finance, will share current legislative news with retreat attendees.
 
The economy is easing out of a crippling recession and SBA  lenders are paving the road to recovery by responsibly providing small businesses the access to credit they need to create and retain jobs in order to power growth. At the same time, the agency and the parameters of the 7(a) program are transforming in response to restructured realities --and we're all realizing that the industry is undergoing a paradigm shift. The retreat will be a freewheeling exchange of ideas and best practices to help SBA lenders discover strategies to excel in the "new normal". 
 
Retreat Location:
Westin New Orleans Canal Place
100 Rue Iberville
New Orleans, LA 70130

Reservations: 800.228.3000 
Hotel Cut-Off: January 22 
 
Event Limited to 75
Members
 
Upcoming Events
February 24 
Establishing Internal Policies
& Procedures for SBA Lending

Ritz-Carlton Lodge, Reynolds Plantation
 
NAGGL will participate in SSBLC sessions, and on February 24, attendees and others in the region can join the industry's most respected instructor, Jane Butler, for a special half-day training on Establishing Internal Policies and Procedures for SBA Lending and explore the importance of having comprehensive written lending policies that will satisfy SBA's requirements.

Register directly with NAGGL.
 
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Online Training Courses
 
Our full-blown courses, just offered over the web!
 
February 3-4
SBA Express Lending
 
February 9 & 11
SBA 1502 Reporting 
 
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Huntington Beach, CA
SBA Lender Training
March 8-11

Location Information:
Hyatt Regency Huntington Beach
21500 Pacific Coast Highway
Huntington Beach, CA 92648
Reservations: 800.233.1234
Hotel Cut-Off: February 12

Please note that on a recent email there was an error and oversight on instructors. Corrections are bolded.

Processing Track
March 8-9
Understanding the SOP 50-10
(Diane Gallion, Banco Popular)

March 10
Advanced SOP 50-10 Training
(Diane Gallion, Banco Popular)

March 10-11
Mastering SBA Credit Underwriting
(Mimi Case, US Bank)

Closing Track
March 8-9
Closing and Funding the SBA Loan
(David Starfield, Starfield & Smith)

March 10
Advanced SBA Loan Documentation and Closing
(David Starfield, Starfield & Smith)


Portfolio Management Track
March 8-9
SBA Loan Servicing and Liquidation
(John Cumbey, sbaAccess)

March 10
Advanced SBA Servicing Issues and Loan Workout
(Margherita Stutz, Borrego Springs Bank)

March 11
Advanced SBA Loan Liquidation
(Margherita Stutz, Borrego Springs Bank)


Registration Form >
 
Resources
Each month, we post the current interest rate bases on our homepage at naggl.org -- in the right column!
 
 
SBA Fixed Base Rate 
January  = 6.68%
 
SBA LIBOR Base Rate
 
January = 3.23% 
 
SBA Peg Rate
January to March 31 = 3.75% 
Servicing & Liquidation Matrix - Version 4 -
Effective 11/12/2009. A further clarification of SBA's interest rate policies and the reinstatement of the requirement that SBA approve all pre-disbursement loan authorization changes on loans approved under the standard process. Get It here >

Where to Mail G-845 - Document Verification Request - More >
 
 
 
Service Providers
Lenders, Meet the Folks that Make YOUR Job Easier
Need an Appraisal? Environmental Report? Lawyer? Packager? Outsourced Processing or Servicing? SBA Lending Software? Business Valuator? Consultant to start or improve a department? or any other type of service, Get It here >
 
 
 
Daily News
   
cup of coffee
Get your fix of important daily SBA lending news  in one convenient location. Visit every morning as you enjoy that first cuppa Joe!
 
 
Calling All Authors
 
NAGGL publishes our electronic newsletter, In Focus,10 times annually & we're always looking for well-written articles on current issues in SBA lending, policy interpretation or guidance, best practices in SBA lending. NAGGL always reserves the right to accept or decline any article based on its content or accuracy, and all final editing is done by the association. Questions?
 
Contact us >
 
NAGGL Job Bank
   
job seekers
 
 
Junior Underwriter position in San Juan Capistrano, CA.
 
Post your resume for free. More >
 
employer
Employers
Post job openings that reach your target audience for only $150 for 30 days!
 
In the News
Tony WilkinsonHappy New Year, NAGGL Members!
Few of us regret seeing 2009 in our rearview mirrors! All of us have been dealing with a significant economic downturn, and 2009 was a difficult year for everyone in the SBA lending industry, as well as for NAGGL. Yet, in the midst of upheaval, you have continued to engage NAGGL for a variety of resources, training, networking, and knowledge. I thank you for your engagement at every turn and particularly during these times. I know it is harder than ever to commit your resources and your time and I, along with the entire staff and board of directors, greatly appreciate your dedication.  
 
Through these challenges and based on your support, your national trade association was able to continue to work diligently to engage and have our unified voice heard at a national level. In many ways, 2009 was a banner year in this realm. During several trips to Washington, DC, NAGGL leadership successfully voiced concerns of 7(a) program participants through testimony at hearings and participating in roundtables, and by working closely with congressional committees, the SBA, and other government departments, like the US Treasury, to address ways of expanding small business access to capital (secondary market changes, Recovery Act provisions and extension, reauthorization legislation, and more); we were also invited and attended special White House events celebrating small businesses and the credit assistance that they received from 7(a) lenders.
 
One very positive result is a heightened public awareness of the SBA loan programs and their value to job-creating small businesses. The public-private partnership that is the hallmark of the 7(a) program provided hope to many struggling small businesses in 2009. Increased public awareness is evidenced by the amount of press we've seen over the past 6-9 months (and that can be easily accessed through our new Daily News service where links to relevant articles are posted daily). Although 2010 is only a few weeks old and we know the economy and small businesses will continue to struggle, there has been positive news of increased 7(a) lending in many areas (New Jersey, Rhode Island, Arizona, New York, to name a few).
 
NAGGL celebrated its 25th Anniversary in 2009, and although times are tough, we held two very successful national conferences. Part of our success was directly attributable to our Anniversary Corporate Sponsors, who for as little as $250, helped make the celebration special--even when they couldn't attend the event! We always say our members our great, and that's just one more bit of proof. We did suffer lower attendance numbers and hotel attrition fees, but those who did make it had nothing but praise for the events, rating them as having the "best content yet" with "great speakers". We were honored to have special guests from the Senate Committee on Small Business & Entrepreneurship (Donald Cravins, Jr. and Edward Mills), as well as from the new SBA Administration (Chief of Staff, Ana Ma, in Boston, and Administrator Karen Mills and Jess Knox, associate administrator for field operations, in Phoenix.) You can listen to the Administrator's conference address on another one of our new services: You Tube video reports!
 
NAGGL technical experts and committees were also very busy in 2009 and engaged in many discussions with SBA policymakers. A few changes NAGGL was instrumental in: getting the LIBOR base rate and a new SBA Fixed Base rate established; allowance of alternative size standard; suggesting the agency combine the servicing and 'Herndon' matrixes into one, and then assisting with alterations in the format of the combined Servicing & Liquidation Matrix that made it more "user friendly"; updating language in SOP 50 10 regarding debt refinancing; suggesting language changes to clarify policy--and a great deal more. At the start of 2009, the new policy on financing of goodwill was a very hot topic that staff and the Technical Issues Committee, as well as many members, took on. The initial exception processing announced by SBA was a direct result of discussions with NAGGL. We also provided information, data, and recommendations to SBA that led to the ultimate adjustment of that policy.
 
NAGGL education continues to work to respond to our members' shrunken training budgets by offering an increased number of our 90-minute WEBExpress sessions (32 in 2009 -- up from just 10 in 2007), as well as offering full-blown standard courses that lend themselves to online training, for instance SBA 1502 Reporting (offered 3 times in 2009, and already on the schedule for February 2010) and SBA Express Lending (offered twice in 2009, and on tap for February 3-4, 2010). We continue to offer regional training at select locations, as well as during our conference week.

The staff continues to answer hundreds, if not thousands, of your technical questions annually, as well as providing statistics on SBA loan volume data, top lenders, NAICS and franchise data, and a great deal more. Our dedicated staff is always interested in finding ways to server our members, and we hope you'll contact us with any suggestions (or complaints) that you have. Call the office anytime at 405.377.4022.
 
In closing, I simply want to thank you once again for your continued support. I wish you the very best--both professionally and personally--in 2010!
 
Regards,
Tony Wilkinson 
 
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OCRM Lender Portal Update
SBA issued Information Notice 5000-1137 on December 23, 2009, announcing the addition of loan level credit quality data to its Lender Portal in an attempt to increase transparency. Starting with the June 2009 quarter, "a list of all the lender's outstanding loans [that is, disbursed and not yet purchased or paid-in-full].The loans will be separated into high, medium, and low risk categories. The category a loan is placed in is based on the Small Business Portfolio Solutions (SBPS) credit score a loan receives. Each risk category -- high, medium and low -- contains a range of credit scores consistent with that level of risk. This information will assist SBA Lenders to proactively monitor, manage, and mitigate the risk in their SBA loan portfolios."
 
Need access to the Lender Portal? Get It >
 
Four pages of FAQ are included in the Notice, and definitely worth reading. Here are just two examples:
 
What improvements are being provided in the Lender Portal?
First: Beginning with the June 30th, 2009 quarterly update, the Lender Portal will include for each SBA Lender a list of all outstanding loans (disbursed and not yet purchased or paid-in-full), identified by an SBA loan number. The loans will be separated into high, medium, and low risk credit categories based upon the SBPS credit score for each loan. The high/medium/low risk loan data is summarized to correspond to the high/medium/low summary information in the 'SBPS Score Breakdown' section of the Lender Portal. Loans on the list marked '999' were not able to be scored.

Second: In order to improve the predictiveness of the SBPS loan credit scores, as of June 30th, 2009, SBA upgraded from SBPS version 5 to version 6. SBPS version 6 is the newest in the normal periodic redevelopments and improvements to SBPS by FICO and Dun & Bradstreet.
How is high, medium, and low credit risk determined?
Dun and Bradstreet gathers the credit quality data for all SBA loans. An analysis is then performed to develop three credit score ranges: high risk (lower score range loans), medium risk (middle score range loans), and low risk (high score range loans). The credit score ranges use natural breaks in the data to maximize the differences between purchase ratios among the three groups (high, medium, low).
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Community Express Pilot Program Extended
The SBA Community Express Pilot Program has been extended through December 31, 2010 to allow the agency adequate time to review and evaluate the program which was significantly restructured in October 2008. More > 
  
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SBA Reminds Lenders of Documentation Requirements for All Recovery Act Loans -- Mandatory Borrower Certifications 
Information Notice 5000-1134
 
SBA released Notice 5000-1134 last week as an important reminder to lenders (and CDCs) about proper documentation for all Recovery Act loans. This reminder follows the release of the Office of the Inspector General first report on Recovery Act loans, Review of the Recovery Act's Impact on SBA Lending, ROM 10-02, dated 11/25/2009. The IG was given $10 million in Recovery Act funds to oversee SBA lending provisions in the stimulus and already "ha[s] found documentation related deficiencies when reviewing Reocvery Act loans". (Lenders should note that the public reading room of the SBA OIG's website is a great place to get information on the OIG's areas of concern within the business loan programs.)
 
Notice 5000-1134 covers three mandatory documentation areas that lenders must be diligent about with Recovery Act loans. The SBA will be carefully reviewing Recovery Act loans during lender reviews and during the purchase process ... and lenders can expect the same to be true for the OIG during any post-purchase review. The Recovery Act mandatory certifications for 7(a) loans were made part of the Loan Authorization & Boilerplate following enactment of the law. (Please see Appendix D of the Boilerplate here.)
NAGGL Gets Answers.
 
Electronic Oversight Review Formats
During the 2009 annual conference, a lender in the audience at a general session commented that they had just completed their very first "all electronic" onsite SBA risk-based lender review very successfully. Although just a quick mention, the comment generated several questions about the types of electronic records SBA finds acceptable for lender oversight reviews. SBA provided this response:
 
SBA A:  Perhaps this information will help:
1. We don't know of any 'exclusively electronic' reviews, but since we don't do the onsite work, that's not unusual. We do not keep track of that  information directly.

2. We DO accept file records that are just electronic, presuming we get full access to the entire file and all documents.
 
3. We wouldn't have a differing opinion whether the files were scanned or software-produced. 

We do insist that all reviewers be able to look at documents at the same time when working with electronic records. If the records are in any kind of electronic format, the lender MUST be able to provide full access to that format for each review team member, at all times. Much of the time, the lender doesn't want to provide full access to all their file records and policies, so they end up producing hard-copies from the system. Occasionally, they will give us full access, with a terminal or desktop computer provided for each reviewer. A "search" function is also very important.  Without a search function, the review could take inordinately long, and risk not fully demonstrating the completeness of the lender's records. 
 
The bottom line:  whatever works for the lender and is not restrictive to the reviewers or their work processes is acceptable to SBA.  
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Disbursing Construction Funds - Proof Needed
Q: If I am allocating funds for renovations to an existing building of approximately $170M, do I need invoices to disburse or can I just use the settlement sheet for disbursements?

A: SBA requires that a lender "obtain evidence to support disbursements, such as cancelled checks or paid receipts, to insure the borrower used loan proceeds for purposes stated in the authorization." The loan processing SOP lists the documentation that is acceptable: joint payee checks; copies of receipts, invoices, or other supporting documentation marked paid by the seller or vendor; or evidence of electronic funds transfer to a vendor along with a copy of the invoice.  [SOP 50 10 5(B), page 219]  So, if your borrower has already paid its supplier(s) or contractor(s), you could reimburse the business (never its principals) based on paid invoices; or, if the bills have not yet been paid, you would need to have copies of the invoices and to make the disbursements directly to the suppliers or contractors. Disbursement in accordance with the terms of the loan authorization is an item that SBA checks both during lender reviews and as part of its purchase process if it is asked to honor the guaranty on a loan, so it is important that you have documentation in your file to support every dollar disbursed with the only exception being disbursements made for normal working capital.
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Loan Workout Options
Q: I have a question regarding a possible workout of a SBA loan we currently are working on.

Current Status: Loan is 60 days past due and the guaranteed portion was sold into the secondary market (75% SBA guarantee/25% bank exposure) at loan origination. 
What are our Options?
#1 -If we request that SBA purchases the guaranteed portion can we still do a workout?  We have already provided a three month deferment. Borrower is going to request significant changes which I know that the secondary market/investor will not agree too. The borrower is currently gathering financials and indicates they wish to propose a payment plan which will be less than the current payments. If SBA does purchase the guaranteed portion, do we need SBA approval for a modification to the loan? I would assume if a modification is done does that mean that we would remit 75% of the monthly loan payment to SBA each month. 
#2 -If we purchase the loan from the secondary market we would have to get SBA approval based on financials etc. per SBA 1086. We would need to advance 75% to Colson, correct?  This would be basically a SBA now that the guaranteed portion has not been sold.  If we modify the terms like interest only for 6 months do we need SBA approval.  If the loan should go into default later we would then request SBA to purchase the guaranteed portion from us.
 
A (as reviewed by SBA): First, as to the issue of repurchasing the loan from the secondary market, whether you make the purchase or ask SBA to do so is your choice -- although SBA would always prefer that a lender make the repurchase.  Beyond that, there would be no difference in how the loan would be handled. In either case, you would need to get SBA's prior approval for the repurchase -- and such approval would only be given if you had tried to get investor approval for your proposed workout actions and been declined. 
 
Post-purchase, you would have the same authority to service the loan, including taking actions to work out the loan no matter whether SBA or your institution repurchased the loan from the secondary market. Please refer to the SBA Unilateral Action Matrix ver. 4, to see those actions that require notice to, or prior approval by, SBA.
 
In accordance with this matrix, you will note that you would have unilateral authority to take most actions, including granting additional deferments of loan payments (principal only, or principal and interest), and restructuring the repayment terms. However, please note that any borrower request for a reduction of the loan principal would be considered by SBA to be a partial compromise of the indebtedness and would require SBA's prior approval. 
 
As to your other questions . . . If you decide to purchase the loan from the investor, Colson will calculate the correct purchase amount for you after the purchase is approved by SBA; and, all payments would then be retained by you. However, if SBA repurchases the loan, you would be required to remit the agency's share of each payment to SBA when you receive it. Finally, if you make the repurchase, you are not giving up any rights to later request that SBA honor its guarantee if the loan subsequently goes into default.
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Form 4 - When to Complete?
Q: It is in my faint memory through NAGGL training that the Form 4, SBA Business Loan Application, uses of proceeds section needs to reflect identically the uses of proceeds approved and later detailed in the Authorization.
 
The Form 4 is completed at application, so the uses of proceeds can be changed throughout the underwriting process to closing. Would documentation from the CA, memos, and then proceeding to the Authorization be sufficient to document the changes in the uses of proceeds at application? or, do you have to have the Form 4 re-signed with the approved uses of proceeds?
 
NAGGL Instructor Answer
: We do train everyone that the Form 4 should match use of proceeds with the loan authorization.
 
But to answer the lender's question, no, you don't need to have the borrower re-sign the form 4; nor do I think you need to have a paper trail of documentation.  More important to SBA is that the use of proceeds detailed in the Authorization reconciles to how the loan was actually disbursed as reflected on SBA Form 1050. Also remember that the authorization gives you some wiggle room in that it says that the amounts are approximate and you can shift up $10,000 or 10% (whichever is less) into working capital from a specified purposed. 
 
The question, however, does raise a point on how and when the application and form 4 is completed. I would suggest that the Form 4 not be completed until underwriting is completed and the lener has a very good handle on the request --that would render this lender's question moot
 
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National Association of Government Guaranteed Lenders, Inc.  (NAGGL)
© 2010, NAGGL, Inc.
All rights reserved. Nothing may be reprinted in whole or part without written permission from NAGGL. www.naggl.org