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Are there some servicing actions that must receive prior approval by SBA?

-24 votes

Yes. Title 13 of the Code of Federal Regulations §120.536 lists the following servicing actions that require SBA’s prior written consent:

  • Increases to the principal amount of a loan above that authorized by SBA at loan origination.
  • Any action that confers a Preference on the Lender or CDC or engages in an activity that creates a conflict of interest.
  • Compromises on the principal balance of a loan.
  • Taking title to any property in the name of SBA.
  • Taking title to environmentally contaminated property, or taking over operation and control of a business that handles hazardous substances or hazardous wastes.
  • Transfers, sells or pledges of more than 90% of a loan.
  • Any action for which prior written consent is required by a Loan Program Requirement.

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