I have a s/s with B of A as the 1st, PNC as the 2nd and an SBA lien.  I have not had a file with an SBA lien and originally the person at the SBA (Boston Private Bank) told my client that they do not stand in the way of short sales and they would remove the lien.  My clients are divorcing and the Husband’s intention was to have the SBA loan transferred to him as it was for his business.  Well, that person quit and although we have all the emails going back and forth the new person that took over said they will not remove the lien (to put in Husbands name only and take off house – Husband wanted to continue to pay) nor will they negotiate it down.

When I spoke to B of A about this they told me to wait until we had an offer and then start trying to negotiate with them.  I just put it on the market as we have the approved price from B of A which is fair but not if I have to try to get a buyer to come up with $50k to pay the SBA off.  My seller just quit paying the SBA lien because he feels like the house will end up going to foreclosure and they will have to BK which neither of them wanted to do.

We will probably have an offer very soon so I wondered if anyone has dealt with SBA liens and how they worked with them.  The sellers have no money to contribute but are completely willing to give any incentive B of A gives towards it but that will barely put a dent in it.

Any advice would be greatly appreciated. Thank you

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Tori

I closed a short sale with an SBA third mortgage lien this past spring.

SBA will only "release the lien" for the short sale closing they WILL NOT waive the deficiency balance post closing. Your homeowner/borrower will have to send in an acknowledgment letter stating that they will pay that remaining default balance note after lien release and closing. It is best that your client continue making payment through-out the process. 

This property was in Georgia and we were referred to the Small Business Administrations Office in the SE located in Birmingham, AL. The entire 3rd lien process took 30 days from buyer contract to written approval and they released for a small $3,000 contribution paid by the first mortgage short sale decision lender.

I advise you to locate the small biz admin office in the region your property is located in then educate your seller client and submit this hardship package on the same day you submit the 1st and 2nd lien proposals.

If your seller is not willing to accept the non-waiver provision of that 3rd lien balance post closing your transaction is likely dead today. 

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