Approaching and Negotiating Lien Release When seeking a lien release, borrowers should approach the SBA with a well-prepared case that highlights the equity in their assets and the potential for a fair settlement.
In the November 2022 rule, SBA increased these thresholds for inflation. Currently, the net worth of an economically disadvantaged individual must be less than $850,000 (13 CFR 124.104(c)(2)), Income (AGI) (13 CFR 124.104(c)(3)) must be less than $400,000, and Total Assets (13 CFR 124.104(c)(4)) less than $6.5 million.
Individuals who own 20% or more of a small business applicant must provide an unlimited personal guaranty. SBA Lenders may use this form.
SBA's current regulations provide that a joint venture can be awarded no more than three contracts over a two-year period. While SBA plans to keep the two-year lifespan for joint venture awards, it plans to get rid of the three contract maximum.
When seeking a lien release, borrowers should approach the SBA with a well-prepared case that highlights the equity in their assets and the potential for a fair settlement. It is essential to gather documentation and evidence that supports your position and demonstrate your willingness to resolve the debt.
Contact Your Lender Submit a termination demand letter, known as an “authenticated demand.” A UCC termination demand letter is a signed request you send to the lender asking them to cancel the UCC filing. Be sure to list the name and address of the lender, as noted on your financing statement.
FYI – SBA preferred lenders have the authority to release collateral without the need for SBA approval. In fact, the SBA doesn't even require lenders to notify them of a collateral release. So if your lender tells you they need SBA approval, find out if they are a preferred lender.