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.
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.
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.
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.
The collateral sheet shows a comparison of the collateralization based on the maximum risk and the current risk for receivables. You can also use the collateral sheet to determine if the receivables have been collateralized appropriately (there is no excess or insufficient collateralization for the receivables).
All SBA loans require personal guarantees, and many require collateral. However, unsecured SBA loans do exist.