SBA 7(a) and 504 Litigation Plan and Wrap-Up Reports: How to Receive SBA Approval with the Just Released Mandatory Litigation Plan Template
Effective December 1, SBA lenders must use the just released Litigation Plan Template to obtain approval for legal actions and expenses, plus reimbursement of care and preservation of collateral expenses.
Also, recent SBA notice admonishes lenders and CDCs of SBA’s regulations for timely submissions of litigation plans and wrap-up reports.
“Compliance with these requirements is not optional,” SBA warns in the October 4th notice. Of course this is code that SBA will not reimburse you for expenses and your SBA 7(a) loan guaranty will be at risk for in the event of a purchase demand by the lender.
This Coleman webinar will teach your liquidation team SBA’s requirements to flawlessly compile and submit reports and plans for SBA’s quick approval. Correct reporting allows the lender to maximize recoupment of liquidation expenses and protect the validity of SBA’s guaranty.
Also, the former SBA Deputy Director of the Little Rock Loan Center will guide your staff through complex SBA requirements of non-routine litigation requiring SBA’s prior approval.
Lance will discuss SBA’s expectation of what a prudent lender must do for the following critical information items:
- Is urgent action required due to extraordinary circumstances?
- Have workout options been explored?
- Is a trial expected?
- Has a judgement for attorney fees and costs been requested?
- Is an SBA witness required?
- Is appointment of a Receiver being requested?
- Are attorney travel expenses being requested?
- Are there any environmental concerns?
- Are damages sought for alleged Lender misconduct?
- Are there novel, unsettled, or potentially precedent setting legal issues?
Lance will discuss how to obtain SBA approval with these non-routine litigation triggers:
- Litigation where legal fees are estimated to exceed $10,000
- Litigation involving a loan where a Lender has an actual or potential conflict of interest with SBA
- Litigation involving a 7(a) loan where the Lender has made a separate loan to the same borrower which is not an SBA loan
Importantly, Lance will also tell you precisely what SBA expects a prudent lender to do under emergency litigation circumstances.
- How to prepare and submit an amended litigation plan as soon as notified of an emergency legal or care of preservation of collateral event
- What SBA considers a good faith effort to obtain its approval
- The emergency actions you may take without SBA’s approval
- And absolutely the emergency actions you may not take without SBA’s approval
Finally, Lance will review what all SBA 7(a) and 504 lenders must do to meet SBA’s 24 month liquidation mandate imposed on lenders last year. He will review the April 2016 notice clarifying wrap-up report deadlines and SBA’s definition of prudent liquidation.
- Lender reporting requirements for SBA loans placed into liquidation prior to December 1, 2015
- Lender reporting requirements for SBA loans placed into liquidation after December 1, 2015
- Lender liquidation requirements for SBA loans placed into liquidation prior to December 1, 2015
- Lender liquidation requirements for SBA loans placed into liquidation after December 1, 2015
- What SBA lenders must do by December 1, 2017
- When you need a litigation plan
- How to prepare a litigation plan
- How to obtain SBA’s approval for the litigation plan
- How to help ensure your litigation plan will be approved
- What to do if your litigation plan goes stagnant
- What do you do if your litigation expenses exceed the approved budget
- The allowable recoverable expenses
- How to tracking your liquidation expenses
- How to submit your CPC Expenses
- The Wrap Up report and CPC Expense submission process
- How to apply your recoverable expenses
- How to remit SBA’s share of recoveries
- How complete the wrap Up reports
- Important Deadlines for Wrap Up Reports
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Bob Coleman, Publisher, Coleman Report
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Lance Sexton, Coleman Faculty Instructor
Lance Sexton served as Deputy Director of the SBA Little Rock Commercial Loan Servicing Center managing the Servicing of SBA Loans, the liquidation of SBA Express Loans, and the Liquidation of SBA 504 loans in a 24 state area. Lance has 30 years of experience in the origination, servicing, and liquidation of SBA Loans, ten years of experience directly managing portfolios of SBA loans that are both performing and nonperforming, and six years of experience as a small business owner.
Bob Coleman is the Author of “Money Money Everywhere and Not a Drop for Main Street.” He is the Publisher of the Coleman Report, a trade newsletter and website for SBA and small business lenders. He produces online training videos and webinars for small business lenders to teach them to make less risky loans to Main Street.
Certificates of Participation
All Coleman Webinar attendees will receive a certificate of participation. This documents your continuing education history for SBA and your regulators.
We will automatically forward a certificate of participation for those who are registered to attend the webinar via GoToWebinar.
If you have purchased the unlimited site license and would like certificates for all who attend simply forward their names and email addresses to jeanne@colemanreport.com. She will email the certificates to all attendees.
Questions
Questions are strongly encouraged. There are two ways to ask a question. The first is to ask the question via the chat box on the GoToWebinar dashboard. The second way is to send an email to joseph@colemanreport.com. Also, feel free to ask pre-webinar questions.
About Coleman Webinars
Coleman is the largest producer of small business banking video webinars and online training for the banking industry.
Our faculty are professional instructors are the absolute experts in their fields.
Why a Coleman Training Webinar?
It’s very cost effective. No airfare, no hotels. Just cram as many people as you wish into your conference room and turn on the computer. You have several options to view the program. You may watch on screen, or listen in on your phone.
You can choose to have any many connections nationwide as you wish when you purchase unlimited access for only $489.
A great benefit of the program is that you may have your questions answered by the faculty. All of our webinars are recorded. Buyers of the unlimited site license option will receive a DVD recording of the event to share with anyone you wish.
A transcript of the program is also provided to purchasers of the unlimited site license.
How it Works
We use GoToWebinar for the webinar platform. You will receive a link that will direct you to an Internet site to view the presentation. If you would like to test this process to make sure you will be able to access the link through your system’s firewall, just send an email to joseph@colemanreport.com, and he will schedule a test run.
Accessing GoToWebinar
There are two ways to access the webinar. The first is to simply click on the link we will provide when you register.
If you have a firewall issue, or you can’t get the GoToWebinar link to work, don’t panic!
The second way to access the webinar is directly from the GoToWebinar website. You will simply need to input the webinar ID and access code. These will also be provided when you register, and again the day before the webinar when we distribute the handouts.
Note we will open the webinar for attendees to join at 12:00pm ET. This will give each attendee two full hours before the webinar begins to troubleshoot any technical issues. Call (818) 790-4591 if you need assistance.
All Coleman Webinar Speakers are seen Live via Video Stream
You will see our speakers live through a video feed. You may customize the size of the speaker and powerpoint presentations by clicking on the webcam button on the GoToWebinar dashboard. You may position the speakers at the top, bottom, right or left hand sides. You may also choose to eliminate the video stream and just view the powerpoint.
Telephone Only Option
You may also choose to listen to the program on your telephone. The phone number will be provided with the handouts.
PDF Handouts
You will receive the pdf handout via email the day before the event. These may be distributed to all of your attendees.
Replay Link
If something comes up and you miss any part of the webinar, or there are technical issues such as a power failure, Internet dropout, fire alarm drills, actual fires or, earthquake (yes that has happened!) simply email joseph@colemanreport.com and he will send you a link you may watch all or part of the webinar at your leisure. There is no charge for this service.
The Fine Print
1) The single user registration fee of $389 is based on location not attendance. You may have as many people in one location attend. You may distribute the materials to anybody in your company.
2) For only $100 more ($489), you may invite as many people from your institution from as many locations as you wish. (You also get the reply link and transcript!) We will forward you a link that allows you to sign up as many people as you wish.
3) Substitutions are allowed at no charge.
4) Cancellations receive a 100% credit for any Coleman product.
5) As with all our products, we offer a 100% money back satisfaction guaranty — no questions asked.
1) Previous customers need only to send an email to joseph@colemanreport.com with “Register Litigation Plan Webinar” in the Subject Line. We will do all the paperwork and charge your credit card on file, or send you a PayPal request.
2) Call Joseph Coleman at Customer Service at 818-790-4591 extension 1
3) Fax the order form to: 818-790-7859
4) Mail the order form to: Coleman Publishing, 28081 Marguerite Pkwy, #4525, Mission Viejo, CA 92690
5) Click “Add to Cart” to pay using PayPal
Bob Coleman
Editor, Coleman Report
607 Foothill Blvd # 546
La Cañada, CA 91012
(818) 790-4591
(c) 2016 All Rights Reserved