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Jeff - New
Jeffrey S. Feldman, Esq.
Jeff is a trial attorney who offers a wealth of knowledge regarding commercial and business litigation, equipment financing and leasing. He also reviews and prepares SBA loan guaranty purchase packages, performs franchise eligibility reviews, and documents and closes commercial loans.

Jeff's practice concentrates on the litigation, arbitration and trial of commercial disputes in the state and federal courts and appellate courts. Over the course of his 15 years of litigation experience, he has represented organizational and individual clients in lawsuits involving a broad range of substantive areas, including: contract law, the Uniform Commercial Code, the transfer and enforcement of judgments, creditors' rights matters, class actions, partnership law, disputes among members of limited liability companies, injunction proceedings, fiduciary duty claims, commercial disparagement and defamation claims, business torts, civil fraud claims, civil conspiracy and RICO claims, covenants not to compete, abuse of process claims and vicarious liability claims.

Jeff is AV® Preeminent™ Rated by Martindale-Hubbell. He was selected for inclusion in Super Lawyers-Pennsylvania Rising Stars 2011 and 2012 for Business Litigation.

Jeff received his J.D. degree from the University of Pennsylvania Law and his B.A. from Cornell University.   

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Best Practices: There's a New Sheriff in Town...

  

 By: Ethan W. Smith, Esq. 

 

 

Ethan Smith
Ethan W. Smith, Esquire
On December 17, 2012, SBA took the unprecedented step of permanently revoking the authority of EDF Resource Capital, Inc. ("EDF") to participate in the SBA 504 loan program and permanently transferring EDF's $1.3 billion portfolio to agents acting on behalf of the SBA who will service the portfolio for the SBA going forward. Lenders who participate in the SBA's 7a and 504 loan programs should see this as a wake-up call. Beginning with the passage of the American Recovery and Reinvestment Act in March, 2009, which provided additional funds to the SBA Office of Inspector General to conduct oversight to eliminate fraud, waste and abuse, to the promulgation of SOP 50 53 on October 1, 2010, which set forth for the first time in an SOP the SBA's oversight and enforcement powers, the SBA is increasing its focus on mitigating risk in its loan portfolio. Although many recommendations for Agency actions in recent years have come from the OIG, in this case the SBA Office of Credit Risk Management ("OCRM") has taken the lead to strip EDF of its authority to originate and service SBA loans. Smart SBA Lenders will learn from the EDF case to gain an understanding of the approach that SBA may take in conducting its lender oversight activities going forward.

 

The alleged failures of EDF, as set forth in the 82 page Agency Decision are fairly straightforward and appear to justify the Agency's extraordinary actions. SBA alleges that EDF has failed to: (i) comply with its reserve requirements as a PCLP lender; (ii) accurately report on its reserve obligations to SBA; (iii) timely pay its obligations to SBA; and (iv) maintain the financial ability to operate. The SBA's authorization to take enforcement actions against lenders is set forth at 13 CFR §120.1400 and SOP 50 53, and is broken into ten broad justifications:

 

(1) Failure to maintain eligibility requirements for specific SBA program and delegated authorities;

 

(2) Failure to comply materially with any requirement imposed by SBA Loan Program Requirements, e.g., program fee requirements, program reporting requirements, maintenance;

 

(3) Making a material false statement or failure to disclose a material fact to SBA;

 

(4) Not performing underwriting, closing, disbursing, servicing, liquidation, litigation or other actions in a commercially reasonable and prudent manner;

 

(5) Failure within the time period specified to correct an underwriting, closing, disbursing, servicing, liquidation, litigation or reporting deficiency or failure in a material respect to take corrective action after receiving notice from SBA of deficiency and need to take corrective action. SBA will consider failure to take corrective action an example of a willful violation of the regulations/Act;

 

(6) Engaging in a pattern of uncooperative behavior or taking an action that SBA determines is detrimental to an SBA program, that undermines management or administration of a program, or that is not consistent with standards of good conduct (See 13 CFR 120.1400(c)(6) for additional guidance specific to this ground);

 

(7) Repeated failure to correct continuing deficiencies;

 

(8) Unauthorized disclosure of Reports, Risk Rating, or other Confidential Information, e.g., SBA Supervisory Information; including but not limited to, SBPS loan scores; loan level performance data; and review, examination and systematic off-site monitoring assessments;

 

(9) Any other reason that SBA determines in its discretion that may increase SBA's financial risk, e.g., repeated Less Than Acceptable Risk Rating (generally in conjunction with other indicators of increased financial risk), Less Than Acceptable on-site review results, operating or other deficiencies that increase SBA's potential risk, or possible fraud; or

 

(10) As otherwise authorized by law.

 

As an SBA Lender, it is critical to understand the authority SBA possesses to conduct lender oversight and enforcement actions. While the relationship between lender and SBA is a partnership, Lenders need to keep in mind that their partnership with SBA carries not only opportunity, but also responsibility. Accordingly, a thorough understanding and consistent application of, and adherence to, all applicable SBA related rules, regulations and guidelines is critical for SBA Lenders, not just to preserve and protect the SBA guaranty, but also to maintain their good standing with the SBA.

 

For more information on SBA oversight and enforcement related matters, contact Ethan at ESmith@StarfieldSmith.com or 215-542-7070.

 

 

 

In observance of the Holidays,

Starfield & Smith, PC will be closed on

December 24 & 25, 2012 as well as

January 1, 2013.

 

HAPPY HOLIDAYS!

 

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Seminars                Seminars and Events 

  

Coleman's 4th Annual 2013 Herndon SBA Guaranty Purchase Workshop

 

Presented By:  Coleman Publishing

Instructor:  Ethan W. Smith

Date:  January 10, 2013

Time:  11:00 am ET

Location:  Crowne Plaza Dulles Airport

 

For more information about this event and/or to register, click here.

 

SBA Lending Update 2013:  Trends, Regulations & a look at SOP 50 10

 

Presented By: Community Bankers Webinar Network

Instructors: Kimberly A. Rayer & Janet M. Dery

Date:  February 28, 2013

Time:  3:00 pm ET

Location:  Webinar

  

For more information about this event and/or to register, click here.

 

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DYK                      

                         Did You Know...  

 

  Compass 

...that Starfield & Smith, PC advises its lender clients on both SBA and Federal Bank regulatory matters? 

 

For more information about this and other services Starfield & Smith, P.C. provides its clients, please contact Ethan Smith at (215) 542-7070 or at ESmith@StarfieldSmith.com.

 

Man Hiding
                          


 

ContactInfo Starfield & Smith, P.C.
Pennsylvania Offices:
1300 Virginia Drive | Suite 325
Ft. Washington, PA 19034
phone: (215) 542-7070 | fax: (215) 542-0723

2000 Market Street | Suite 500
Philadelphia, PA 19103
phone: (215) 542-7070 | fax: (215) 542-0723

 

* * * * *
   
Florida Office
1101  North Lake Destiny Road| Suite 105
Maitland, FL 32751
phone: (407) 667-8811 | fax: (407) 667-0020

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California Office
2955 Main Street, Second Floor
Irvine, CA 92614
phone: (949) 333-4108| fax: (949) 679-1709

   

 
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