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SpotlightAttorney Spotlight 
Janet Web Photo
Janet M. Dery

Janet's areas of practice include lending, banking, real estate, contracts, commercial and corporate law. She has a strong background in contract and corporate law which she regularly applies to her commercial lending practice.

Janet acts as a closing attorney for several commercial lenders located throughout the United States. As a closing attorney, Janet reviews SBA guaranteed and conventional loan files, confers with loan processors and in-house counsel, drafts, analyzes and negotiates loan documents, and advises on due diligence documentation.

In her corporate law practice, Janet advises on corporate governance and assists clients in all aspects of corporate transactional law, including the formation/incorporation of businesses and drafting, reviewing and negotiating various documents for business entities, which documents include interest-holder agreements, resolutions, corporate minutes, purchase agreements, and leases.

Janet is a graduate of both the State University College of New York at Oneonta, where she received a Bachelor of Arts degree, and of Widener University School of Law, Wilmington, Delaware, where she received a Juris Doctor degree. Janet is admitted to practice before both the Supreme Courts of Pennsylvania and New Jersey. She is also a member of the American Bar Association and the Pennsylvania Bar Association. In 2007 and 2008, Janet was honored by being named a Pennsylvania "Rising Star" by Philadelphia Magazine.  
 
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FeaturedArticleTURNING AN SBA REPAIR OR A DENIAL INTO PAYMENT
By Kristina L. Rozek

 Kristina Web Photo  
        Receiving a repair or a denial on an SBA guaranty purchase request can be daunting to even the most seasoned SBA lender.  Unfortunately, the current economic climate has placed lenders of all types and sizes face-to-face with the SBA's National Guaranty Purchase Center ("NGPC"), and many are weathering this process for the first time.  Thankfully, however, repairs or denials need not wreck havoc on your portfolio; with knowledge and persistence, many of these requests can be turned into full purchases.
 
        Perhaps the biggest mistake that lenders make when faced with a repair or denial is not responding at all.  Often times, a loan specialist at the NGPC will review the initial package and recommend to the lender that they "withdraw" the purchase request.  Many lenders receive these letters and simply "give up," presuming that the guaranty will never be paid.  However, such a suggestion by the loan specialist does not mean that a purchase request will be denied.  In reality, only major deficiencies warrant repairs or denials.  Such letters therefore should be viewed as a opportunity to respond to the SBA's particular areas of concern and a chance to gather additional documentation to support your request.  The NGPC reviews lenders' responses very carefully, and in many instances, requests which were previously recommended for repair or denial are paid. 
 
        The good news is that deficiencies do not necessarily mean that the guaranty should not be paid.  Often times, a deficiency may be entirely unrelated to the reason a loan defaults.  If you find that you are missing a required document, it is best to be forthcoming with the deficiency.  If it appears that a major deficiency is related to the reason for default, admitting the deficiency and suggesting a possible repair may go a long way to securing at least partial payment of the guaranty.  Being forthcoming will not only speed up the review of your request, but will also demonstrate to the SBA that you are acting in good faith.  Hopefully your encounters with the NGPC will be infrequent, at best, and demonstrating your honesty and trustworthiness on each package will help to build critical relationships and inspire confidence in your future submissions. 
 
        Of course, familiarizing yourself with the requirements for closing, servicing, and liquidating loans is the best protection against many common reasons for repair or denial.  Defaults will happen, but with a solid understanding of the SBA's requirements, the guaranty purchase request process will seem much less daunting.  If you have any questions about the SBA program or the guaranty purchase process, please feel free to contact Starfield & Smith, P.C. at 215-542-7070.  Our attorneys have amassed decades of experience with SBA loans and would be happy to work with your institution to overcome recommended repairs or denials. 

DYK Did you know...
 
...that Starfield and Smith helps lenders that are having problems getting their SBA Guarantees paid?
 
That's right!  Over the past year, Starfield & Smith has helped numerous lenders recover in excess of
12.5 million dollars in SBA guarantees. 
 
Call 215-542-7070 for more information, or visit our website at www.starfieldsmith.com.
 
Starfield & Smith does not offer any guarantee of case results. Prior results do not guarantee a similar outcome. 
SeminarsSeminars and Events
 
SBA Franchise Eligibility Issues and Preserving the SBA Loan Guaranty: Guaranty Purchase Issues 

Presented by David Starfield
Date: December 4, 2009
Location: Exton, PA

This event, sponsored by the South Eastern Economic Development Company (SEEDCO), will include a dicussion on the basics of franchising and franchise issues including SBA eligibility considerations and preserving the SBA loan guarantee.

To register for this event, click here.
 


NAGGL Webinar:
Ask the Lawyers--Avoid Closing & Documentation Pitfalls

When: December 8, 2009
Time: Noon-1:30 pm CST
Fee: $245 for Members, $395 Non-Members, $145 Govt
Starfield & Smith Instructor: David Starfield

David Starfield provides expert guidance and practical tips on how to avoid common pitfalls when closing and documenting SBA loans.
  • Insurance (Hazard, Life, Title)Equity Injection and Allocation of Proceeds
  • Landlord Waivers
  • Franchises and Jobber Agreements
  • Overcoming an SBA Recommended Repair or Denial
Download a registration form here.
Register online by clicking here.


 
Protect Your SBA Loan Guarantee and Avoid Guarantee Purchase Issues

Presented by David W. Starfield
When: December 10, 2009
Where: District Offices, U.S. Small Business Administration
                Parkview Towers, 10th Floor
                1150 1st Avenue, Suite 1001
                King of Prussia, PA 10406
 
In a joint presentation with the local district office of the U.S. Small Business Administration, David W. Starfield will participate in a Quality Circle program on Guarantee purchase issues.
 
Topics to be discussed include:
  • Preparation and submission of the 10-tab package
  • Ways to ensure that the SBA guarantee will be honored

For more information, please email us at info@starfieldsmith.com.

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ContactInfo Starfield & Smith, P.C.
Pennsylvania Office
501 Office Center Drive,
Suite 350 | Ft. Washington, PA 19034
phone: (215) 542-7070 | fax: (215) 542-0723
 
Minnesota Office
1516 West Lake Street, Suite 303 | Minneapolis, MN 55408
phone: (612) 208-0877 | fax: (215) 542-0723

http://www.starfieldsmith.com
 
 Loan Documentation | Closing | SBA Guaranty Repurchase
Regulatory Compliance | Franchise Eligibility
Business Consulting
 
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