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SpotlightAttorney Spotlight 
 
Jessica L. Conn, Esq.
Jessica Conn
 
Jessica practices business law with a focus on commercial lending and government guaranteed lending. In that capacity, she prepares and reviews loan files; and drafts and negotiates loan documents for conventional, SBA 7(a) and 504 loans. Jessica also counsels business entities with regard to entity formation, maintenance and dissolution; capitalization; employment contracts; intellectual property protection; and other general business matters.

Jessica graduated from Barnard College with a Bachelor of Arts in economics. She received a Juris Doctor from Fordham University School of Law. Jessica also holds a Masters of Law in Taxation from Villanova University School of Law.

Jessica is admitted to practice in Pennsylvania, New Jersey and New York. She is a member of the Pennsylvania Bar Association. 
 
 
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FeaturedArticleBest Practices: Flood Insurance
 By Ethan W. Smith
 
 
Ethan W. Smith
Ethan Smith

SBA mandates flood insurance under the National Flood Insurance Program (NFIP) in the following 2 scenarios:

  1. If any portion of a building that is collateral for the loan is located in a special flood hazard area, the building must be insured under the NFIP; and

  2. If there is any Personal Property Collateral (equipment, fixtures or inventory) for the loan in a building set forth in the prior paragraph, the Personal Property Collateral must be insured under the NFIP.

SBA considers NFIP flood insurance to be "waivable" in the following scenario:

If Personal Property Collateral is in a building that is in a flood zone, but which building is not collateral for the loan, generally, the Personal Property Collateral must be insured under the NFIP. The lender may waive this requirement if it:

  1. Uses prudent lending standards to determine that flood insurance is not economically feasible or not available; and

  2. Includes a written justification in the loan file that fully explains why flood insurance is not economically feasible or, if flood insurance is not available, the steps taken to determine that it is not available.

Lenders should be careful not read this ability to waive flood insurance as flood insurance being "optional" in this situation. The general rule of thumb is that all real estate and Personal Property Collateral located in a flood zone must have insurance under the NFIP except in very limited circumstances.

Additionally, Lenders should keep in mind that the borrower must obtain insurance coverage in an amount equal to the lesser of the insurable value of the property or the maximum limit of coverage available (currently $500,000 each for real estate and Personal Property Collateral under the NFIP).

Finally, make sure that the insurance coverage contains a Mortgagee Clause (for real estate coverage), or Lender's Loss Payable Clause (for Personal Property Collateral) that provides that any action or failure to act by the debtor or owner of the insured property will not invalidate the interest of lender.

Protect and preserve the SBA guaranty from repair or denial by following these guidelines and ensuring that borrowers have all of the insurance the SBA requires.

For more information on SBA's insurance requirements, and other SBA compliance issues, contact Ethan Smith at

esmith@starfieldsmith.com 
or 215-542-7070.
SeminarsEventsUpcoming Seminars and Events
 

Closing and Funding the SBA Loan 

Presented by: NAGGL
Instructor: Ethan W. Smith
Date: May 17, 2010
Location: Rockport, ME
 
On May 17 and 18, 2010, at the NAGGL SBA Lender Training Series in Rockport, Maine, Ethan Smith will be presenting the session entitled Closing and Funding the SBA Loan. This seminar is for those who prepare loan closing documentation and coordinate key people and events in the loan closing meeting. The following topics are on the agenda: · SBA Standardized Loan Authorization · SBA Closing Forms · SBA Closing Requirements · Due Diligence and Checklist · Lender Documentation: Securing the Loan · Tracking the Loan Proceeds 
 
To register online, click here.
 
HerndonThank you!
 

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Starfield & Smith, P.C. would like the thank everyone for a great NAGGL Annual Conference.

Thanks to all of you who we had a chance to meet by stopping by our booth.

For those of you who we did not have the opportunity to meet, we hope to have the opportunity in the future!

Please feel free to call us at (215) 542-7070 or send us an

email, we'd love to hear from you!
 
 
 
 
 
 
 
  
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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
 
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