SBA Form 1086 Critical Terms and Conditions

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Presentation transcript:

SBA Form 1086 Critical Terms and Conditions March 2018

SBA Form 1086 Critical Terms and Conditions March 2018 Prior to Sale SBA Form 1086 Critical Terms and Conditions March 2018 Loan must be fully disbursed No knowledge of a default Loan is not a line of credit Lender acknowledges that it cannot unilaterally repurchase the loan out of the secondary market without the written consent of SBA pursuant to Paragraph 20 of SBA Form 1086

SBA Form 1086 Critical Terms and Conditions March 2018 After Sale SBA Form 1086 Critical Terms and Conditions March 2018 If payments are remitted late, penalties are assessed and rarely waived. Note Modifications must be approved by the investor through Colson, with the exception of a 3-month deferment. Borrower prepayments require 10-business day advance written notice to Colson.

SBA Form 1086 Critical Terms and Conditions March 2018 Execution Flow SBA Form 1086 Critical Terms and Conditions March 2018 Lender completes its sections of the 1086, signs the agreement, then forwards the 1086 to the broker/dealer, who completes its sections, signs and then forwards the completed 1086 along with a true and certified copy of the Note to Colson for processing. Colson checks the documents against SBA’s system for accuracy. Any inconsistencies must be resolved. A settlement date is set.

SBA Form 1086 Critical Terms and Conditions March 2018 Execution Flow SBA Form 1086 Critical Terms and Conditions March 2018 A Prepayment Certificate must be executed for all prepayments, certifying the reason for the prepayment. a. Borrower’s own funds or funds borrowed from the current lender or another lender pursuant to a separate transaction. b. Borrower has defaulted on the loan. c. There is no c. The Lender cannot prepay the loan if the investor denies a modification without following the entire process contained in Paragraph 20 of SBA Form 1086, “Emergency Repurchase Authority by Lender.” There are no exceptions to this.