EIDL Class Action Lawsuit against SBA | Opinion: Who’s to Blame

Four years ago, Congress passed the COVID CARES Act.  The legislation tasked the smallest of federal agencies–the US Small Business Administration–with the one of the BIGGEST MISSIONS in American history: the distribution of massive amounts of funding to the American Small Business community.

With uncertainty over the depth and length of the pandemic, including lockdowns, many Small Business Owners found salvation through the monies distributed by SBA during the pandemic, including the COVID-19 EIDL program.

SBA based its COVID-19 EIDL program on its long-existing natural disaster loan program, a lending directive in place since 1953 to provide Small Businesses with low-cost loans to repair physical damage or make up for lost revenue as a result of a natural disaster like a hurricane, tornado, drought or wildfire (among many other types of disasters).

Four-Million Small Businesses received COVID-19 EIDL funding, some in multiple and increasing increments.  Many of these same Small Businesses had never funded their businesses with debt financing before, so the lending process, including application, distribution and repayment responsibilities were all new concepts to these business owners.

We have seen since that time how many folks seem to have “short-term memory loss” when it comes to the terrible economic ravages of the pandemic. We also see the other side of the coin with folks retaining vivid memories of the impossible process of obtaining the pandemic funds from SBA due to overly-complicated procedures, poor communications, and other systemic failures of this tiny federal agency. 

Many businesses never received any funding at all, or, if they did, the funding was insufficient to provide the relief intended by Congress.

We know that many people today, those with that “short-term” memory problem, often say, “I never wanted this COVID-19 loan. The government should have given me this money for free. Now I’ve got a loan I’m having a problem paying it back and the SBA…and the SBA…and the SBA…and…and…AND.”

We respond, saying, “Yes you’re right the SBA has a lot of difficulties but the SBA was charged with a mission during the pandemic by the Congress of the United States and they delivered on the mission. SBA accomplished the goal: they put money into your hands and into the American economy to get the economy on track during a pandemic.

While we’re all blaming the SBA and complaining about the SBA and getting upset with the SBA, we’re forgetting that it’s the people in Congress who have let you down.

The Congress controls the purse strings of the US Treasury. And Congress has failed the SBA, and by extension, the American Small Business Owner, by failing to properly fund the SBA.

Congress has not reauthorized the SBA in over 20 years.  In 2023, by contrast, Congress reauthorized the Federal Aviation Administration as they do with other federal agencies from time to time. Congress gave the FAA a substantial increase in funding to hire new air traffic controllers and implement new technologies to keep us safe in the skies.

But what about you small business owners?

Congress has not reauthorized the SBA in over two decades and between natural disasters such as Hurricane Katrina,  Superstorm Sandy, wildfires in Maui and California, and many other disasters across the United States, the SBA can barely keep up.

Never mind that SBA is tasked with collecting the repayments on those 4 Million EIDLs from the pandemic.

The SBA in our opinion is underfunded, overworked, and overwhelmed.

SBA today has a huge mission to deliver on with minimal resources thanks to Congress’ failure to properly fund the agency.  

Next time, take a moment before you get upset with the SBA. Take the approach that we take when dealing with them: take a deep breath, find a few ounces of extra patience, and understand that you’re dealing with a bureaucracy and there is a procedure and a process for everything, yet the agency is working stretched to the limit.  

If you follow that advice, then,  yes it’s going to feel frustrating but you’re going to have a better comprehension that SBA’s failures can be repaired by Congress.

Contact your political representative as a Small Business Owner CONSTITUENT and tell your congresspeople to get SBA more money.

In the meantime when you deal with the SBA, try to have a little more patience and a little more charity because those folks do have good intentions and they are trying to do their best for you, in our experience.

We created our “SBA COVID-19 EIDL Guidebook” as a comprehensive resource for you and managing your COVID-19 EIDL.  

We discuss everything from “Hardship Accommodation” to best practices for repayment to closing your business or changing ownership and so much more.

You can purchase your copy of the guide by CLICKING HERE

You get FREE updates through December 2024 when you purchase now. And updates are coming to include expanded Hardship instruction and Treasury Dispute process and strategy.

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Business Owners Constantly Complain About SBA

We see lots of anxiety, anger, and acrimony about the Small Business Administration’s (SBA) handling of the vital pandemic relief program. We see it because of the Small Business Owners who request our consulting services for our expert advice and the folks who comment on our YouTube videos about the COVID-19 EIDL program.

We understand because we’re experienced financing professionals who feel similar frustrations, and have done so since the early days of the pandemic. There are multiple and miscellaneous dysfunctions from poor communication protocols to confusing instructions. 

Lately, the disgraceful exercise where SBA is sending loans to U.S. Treasury for default and subsequent collections without thoroughly engaging with the Small Business Borrower to work out a repayment plan.

Our opinion on this topic, especially after having worked on hundreds of EIDL applications and spoken to hundreds (or maybe thousands) of SBA representatives and thousands of Small Business Owners since March of 2020, is that, for all its dysfunction as a bureaucracy, the SBA is not to blame for the problems experienced by well-meaning and responsible Small Business Owners.

In our opinion, Congress is to blame, here, not SBA.  

In response to the pandemic in 2020, Congress dumped this HUGE project onto this tiny, underfunded federal agency to put vast quantities of money out into the American economy in the form of loans, forgivable paycheck loans, and grants.

Second, Congress (specifically certain politicians) are screaming and shouting at SBA to make every effort to collect payments on the pandemic loans including EIDLs and PPPs since late 2023. The political pressure is powerful and unnecessary.

In both instances the Congress has NOT provided the additional funding SBA needs to manage these huge enterprises.  Congress has not reauthorized SBA as a federal agency in more than two decades.

SBA is a “limited” direct lender.

The SBA doesn’t have sufficient experience as a “lender” to manage the tremendous volume of COVID-19 EIDLs that need to be repaid: 4 MILLON.

Prior to the pandemic, between fiscal 2018 and 2022, the SBA approved an average of approximately 26,284 applications per YEAR for natural disasters acting as a “direct lender.”  That number includes natural disaster loans for physical damage to small businesses, homeowners and renters.

Making natural disaster loans remains a small part of the overall SBA mission.

SBA made small business natural disaster loans on average less than 10,000 a year between 2018 and 2022.

Source: GAO Report To Congress: Disaster Loans

Quote from SBA’s recent press release on Fiscal Year 2023: $670 million in disaster assistance for small businesses: Throughout the year, the SBA stepped up in moments of crisis to deliver critical support to business owners and communities in need. FY23 saw $670 million in relief delivered to more than 5,200 businesses across America.

Source: SBA Press Release 23-90

SBA’s Mission as defined by Congress: The United States Small Business Administration aka SBA was created by an act of Congress in 1953. The legislation acknowledged the lack of working capital available to small business owners, notably women, African Americans, Hispanic Americans, Native Americans and Veterans of the armed forces.  

The legislation included the natural disaster loan component, but that was far from the primary mission of the newly-formed federal agency.

Mostly what SBA does to perform it’s mission is to provide guarantees to commercial lenders for SBA loan products, and secondarily to provide support to small business in the form of education, grants, and advice. Note the commercial lenders make the SBA guaranteed loans using the lenders’ funds, not SBA funds. SBA’s role is to make the lender “whole” in the event of a defaulted loan.

Source: Small Business Act

People are talking about filing a class-action lawsuit.

As for lawsuits, like our opinion on EIDL Forgiveness, this is a waste of time to consider, reflect on, talk about.

As of this writing SBA clearly states that COVID-19 EIDLs are not forgivable. Our opinion, based on our extensive research on this topic, is that these loans will never be forgiven.  (We hope to be wrong)

Suing the SBA is, in our opinion, similarly fantastical magical thinking.

A group of business people sued SBA during the pandemic in response to the Restaurant Relief Fund program.  These business owners claimed that SBA’s direction of funding to “priority” groups from traditionally underserved communities was unconstitutional. The lawsuit caused the program to cease assisting restaurants all across the country as SBA halted the grants in response.  

And the lawsuit was ultimately tossed out of court. A. Complete. Waste. Of. Time.

Source: Lawsuit

Whether you are struggling with repaying your COVID-19 EIDL, or if your business has already failed, or you are managing (or soon to begin) repayment, we recommend the following strategy: Focus on the things you can control and avoid the magical thinking of inexpert people who post random nonsense on the internet because they want it to be true.

Small Business Owners can control the following:

  • Make payments

  • Check your MySBA portal weekly, especially for “messages”

  • Comply with the requirements of the EIDL Loan Agreement

  • Apply the requisite responsible diligence to this loan program to avoid problems

We offer the following assistance to Small Business Owners with COVID-19 EIDLs:

These are the options for assistance we can provide:

  • COVID-19 EIDL General Consulting: we assist with various requirements and procedures under the terms of the EIDL Loan Agreement including change of ownership, sale of assets, lien release requests, assumptions, and more. Email Curious@

  • YouTube videos: we have over 500 videos to help Small Business Owners manage the SBA’s EIDL program’s various aspects

One-Hour Consulting Call

We offer a one-hour consulting call for $275.00. On the call Trevor will review with you different aspects of your COVID-19 EIDL or, if your loan defaulted and went to US Treasury for collection, he will discuss options at this stage where your EIDL is with US Treasury:

  • Dispute

  • Negotiating an Offer in Compromise

  • Repayment plan

  • Closing the business

  • Bankruptcy

  • Long-term consequences of a defaulted EIDL

IF you still wish to book a call, CLICK HERE

US Treasury Defaulted COVID-19 EIDLs: DISPUTE

Since late December, 2023, SBA transferred massive numbers of COVID-19 EIDLs to US Treasury for COLLECTIONS. EVEN IF the Borrower was making payments and communicating with SBA about their difficulties in making full payments. This is a DISGRACE and we blame SBA’s dysfunctional systems for not providing more effective repayment strategies for people trying to repay their loans.

Is your COVID-19 EIDL transferred to US Treasury? If so, you should immediately submit a dispute to fight this egregious harm to small businesses in America.

Our US Treasury DISPUTE Consulting service is available for a limited time for $825.00.

  • Fact Collection Phone interview about repayment challenges

  • Collection of business documents to accurately complete dispute forms

  • Completion of US Treasury dispute form

  • Signature protocols

  • A completed package with supporting documents for your dispute

  • Instructions to submit your dispute

  • Ongoing strategies to dispute the default with SBA included in the package

#EIDL #EIDLDefault #COVID19EIDL #EIDLUSTreasury  #Pizza #Restaurant #USTreasury #EIDLCollection #USTreasury #USTreasuryDefault #USTreasuryDefaultEIDL #USTreasuryCollection #SmallBusinessAdministration #SBA #IRS #IRSCollections #Default #DefaultedEIDL #Defaultloan  #AuroraConsultingNewMilfordCTreviews #AuroraConsulting #EIDLExperts #EIDLinfo #EIDLConsultant #EIDLConsultants #AuroraConsultingNewMilfordCT #AuroraConsultingLLC #EIDLHelp #EIDLAssistance #SBANaturalDisasterLoan #NaturalDisaster #NaturalDisasterLoan #NaturalDisasterEIDL #MySBAhelp #MySBAassistance #MySBAportal #HardshipAccommodation #EIDLHardship #EIDLBankruptcy #Bankruptcy #SmallBusinessBankruptcy #TexasEIDL #FloridaEIDL #CaliforniaEIDL  

Are LLCs Immune from COVID-19 EIDL Debt Collection?

 

We received the under-noted comment/questions on one of our YouTube videos. Both our video and this comment serve to demonstrate the continuing dysfunction of the United States Small Business Administration (SBA), especially with its terrible communications and procedures.

Question: Are you speaking on EIDL loans granted to LLCs? Isn’t the whole point of an LLC to limit liability? How can SBA go after anyone personally if the LLC entity that took out the loan is dead and no personal guarantee was made? I think it’s important to differentiate between these nuances in these discussions.

Our Response: Thank you for your most excellent observation!  You are absolutely correct on your two key points:

  1. The LLC should protect the “corporate veil” concept, and SBA acknowledged that fact in a written memo to Congress last autumn.  BUT…BUT…BUT…once these loans go to collection at the US Treasury and the IRS attempts to collect on the debts, will the IRS also honor the corporate veil?  Technically they should, but the purpose of our discussion in our videos is to warn people to expect the unexpected because this COVID-19 EIDL Collection process is new and developing literally day-by-day.
  2. Yes, you are correct there should be more clarity about these nuances, but there is NONE from SBA. ZERO. NADA. ZILCH. As for our part in these discussions, we are only observers attempting to assist Small Business Owners in understanding the possible consequences and ramifications of failing to pay their COVID-19 EIDLs, especially since our message is focused on countering the internet opinion trolls who would have everyone believe they can simply walk away from these loans with no consequences.

We started working with the COVID-19 EIDL program in March 2020 as the pandemic started to unfold.  From the outset, we discovered, as seasoned financial services professionals, how badly SBA communicated information about the COVID-19 EIDL program.

These failures in communication cover the breadth of platforms: SBA website, FAQs, legal documents, applications, even simple sentences embedded in SBA forms and website information.  Then there is the consistent failure of SBA to properly train and educate its representatives.  We have an old saying here at Aurora Consulting: “Ask the SAME question of 7 different SBA Agents, get 13 different answers.”

We’re seeing these terrible communications come to a chaotic climax with the many small businesses struggling to repay the COVID-19 EIDls.  Whether a business is attempting to repay the loan by requesting accommodation for reduced payments, or the simple exercise of setting up the initial payment profile on the SBA website, confusion rules the day.

In December of 2023 and so far this month, January of 2024, SBA appears to be “bulk” shipping defaulted COVID-19 EIDLs to US Treasury for collection actions.

Even loans where small business owners made payments have been shipped off for collection.

And, again, there is no communication from SBA.

Worse, if a loan has been sent to US Treasury and the small business owner wants to make a lump sum payment to bring the loan current, or, worse, if they have recently made the lump sum payment to SBA only to receive a notice from US Treasury for collection, when you call SBA they hew to a scripted standard line: “You will have to ask US Treasury.”

The failed communications extends to US Treasury. IF you can get a representative on the phone, you are told to contact SBA about making the payment to bring the loan current.

THIS is an absolute nightmare.  If the SBA were a commercial lender subject to the laws and regulations of federal banking codes, they would probably come under investigation by the Justice Department or State banking authorities for these egregious behaviors.

We will update small business owners as this situation unfolds with the real-time real-world experience we garner from working with small business owners and the SBA.

We offer a one-hour consulting call with our Resident Retired Loan Officer, Trevor, to help small business owners understand their situations and recommend next steps in their repayment or default strategies.

The Problem with Crowdsourced Knowledge

We believe crowdsourced knowledge can be useful for two reasons ONLY.

    1. Ascertaining general knowledge on a topic with which you’re unfamiliar.  An example is changing a tire on a car.  If you’ve never changed a tire on a car and you either ignore the instruction manual in the glove compartment or don’t have one (you can download it online in most cases), then crowd-sourcing other people’s experiences with changing tires can be useful to the extent that you’ll learn special tips or come to understand the general concepts: jack, bolts, tire pressure, etc.
    2. Obtaining referrals to experts.  After learning of other people’s experiences with changing a tire, you may decide there’s too much at stake—such as the car falling off the jack. For this reason, you may decide to not undertake the job yourself.  You seek out advice from expert providers of tire-changing services.

Both of these concepts are valuable, but should only be used as a starting point if you have absolutely no knowledge or experience of the task or information you’re researching.  Or, if the task is complicated and requires true expert knowledge of the subtleties and nuance of the information.

The starting point of using crowdsourced knowledge can become a “fork in the road” to move forward with the activity you’ve been researching.

You can choose to take the knowledge and seek out an instruction manual for the car you wish to change the tire on.  You can then do the work yourself, guided by the instructions created by an expert—in our example, the vehicle manufacturer.

Or you can choose to conduct additional research on the experts you’ve seen recommended:

    1. You might look up each expert’s online reviews through other platforms.
    2. You might seek out the expert’s professional credentials through government regulatory authorities or check out the professional biography of the expert.
    3. You might ask your trusted circle of friends, family and colleagues if they have used any of the recommended experts to obtain further information and enhance your research.

Using these additional activities, the crowdsourced research can lead you to find a high-quality expert in the area you’re researching.

But there’s a small alleyway off the side of the road where the “fork” in the road lies. We call that “shortcut alley” because too many people don’t want to take on the extra work necessary to find the best results for the information they seek.  Instead, they want the shortest way to solve their problem. 

They’ll take the crowdsourced information they’ve obtained at face value as the be-all and end-all of expertise.

They fail to use the crowdsourced knowledge solely as a starting point, and then do the extra work necessary to gather data and inform the ultimate decision with comprehensive research.

In our opinion, this is a disaster in the making more often than not.  Yes, the crowdsourced information can often be very useful, such as learning to add a dollop of butter to your oatmeal at breakfast.  But when it comes to more complicated topics, the crowdsourced expertise is anything but expert.

We learned this through the pandemic as we sought to provide free expert information to small business owners trying to navigate the United States Small Business Administration’s COVID-19 disaster loan program.  Often, we’d encounter business owners telling us that our information was wrong. They would challenge us with the information they’d crowdsourced.  Our pushback was to say that the experience of one person was unique to that person and that the loan program was too complicated to rely on the one experience of one business owner with their particular scenario.

We continue to encounter these crowdsourced-fake experts as many small businesses fail or continue to face challenges repaying these COVID-19 disaster loans.  The crowdsourced-fake experts would have people believe they can simply walk away from the loan, to either ignore the consequences or, worse, to go about their days thinking, “The government will never come after me.

Because we rail against this terrible advice, we’re sometimes accused of being fear-mongers so we can sell our products and services.

While it’s true that we’re a small business and we have products to sell and services for hire to earn a living, we also give away volumes of free expert advice through our YouTube videos, free downloadable guides, and responses to video comments. Our expertise is derived from our respective careers in the financial services field, from the work we did during the pandemic, and from the ongoing work we do to assist small business owners with their interactions with the SBA post-pandemic.

In today’s New York Times, an article about a basketball player’s dream of owning a home in Canada provides probably the most succinct insight into the reasons why simply “crowdsourcing” your expert knowledge is a failed concept if you don’t do the additional work. This is a tale of the worst aspects of bad crowdsourced experience, and the shortcut mentality that led to a financial disaster.

In the article, the basketball player must vacate the house he purchased because nefarious characters continually show up at the house looking for the previous occupant.  The previous occupant is a person named Aiden Pleterski, a self-styled “crypto king” who declared bankruptcy in 2022, while owing 26.8 million Canadian dollars to more than 150 investment clients.

He’s under investigation for the massive financial fraud involving monies that he is alleged to have stolen from investors.

Pleterski had no professional or educational experience or expertise. In this quote from the article, you can see where Pleterski learned how to become a financial whiz: “Mr. Pleterski said he first became interested in cryptocurrency after using it to make purchases for video games and began trading it when he was still in high school. He started out with money from his family and his earnings as a part-time baseball umpire. His knowledge of trading and financial markets, he said, came from “YouTube videos, Google, quick Google searches.”

“The business, Mr. Pleterski said, operated through his personal bank accounts until December 2021, when he set up his company at the suggestion of a former landlord. His only record-keeping, he said, consisted of his texts and WhatsApp messages with customers. While Mr. Pleterski did create spreadsheets for a handful of customers who demanded them, he acknowledged that the investment return they showed was just “a general ballpark figure” he came up with after looking at his bank accounts.”

We understand that the nuances of some activities, such as interacting with a complicated program such as the SBA’s COVID-19 loan program can make the search for expert knowledge more challenging.  But we’ve too often heard from people—as recently as yesterday, in fact—how they wish they’d found us sooner.

The small business owners we spoke to yesterday are not “shortcut” people by any stretch of the imagination. They had a question during the pandemic about how to properly use the funds their business received from the COVID-19 EIDL program. They sought out expert advice and received a referral to an expert.  But that professional ultimately gave them bad advice, so bad in fact, their business might be in legal jeopardy should the US Government investigate the use of the funds and then discover the improper utilization.

Based on our conversation, we know these business owners were so desperate to get an answer to their question, that they failed to go to the next step of taking their crowdsourced referral to investigate further the background of the expert. They did not read online reviews of that expert’s professional services or acumen.  They did not research the expert’s professional credentials or professional biography.  They simply accepted the crowdsourced recommendation, contacted the expert, and followed his bad advice.

Too often the desperation to resolve a problem quickly can lead to taking shortcuts.

When it comes to your COVID-19 EIDL, there are no shortcuts. The program is complicated and there are substantial real consequences to making bad choices and bad decisions. Whether you need to make a simple change to your business or if you’re facing challenges in repaying the loan, take the time to thoroughly research and locate the expertise you need to make the best decisions possible.

If you don’t invest the time to thoroughly research, if you take a “shortcut” and accept the crowdsourced knowledge as the ultimate expertise, you may discover the car falling on top of you as you try to change the tire with the badly sourced fake expert advice.  

And it’s going to hurt. A lot.

17 Q&As from Our YouTube Channel

From the very beginning of the pandemic, Linda Rey and I set out to provide thoughtful, truthful, and accurate information to struggling Small Business Owners.  Literally, on March 18, 2020, we discussed how scammers, sharks, bad bloggers, and click-baiters, would emerge from the slimy depths of the internet to give bad information, poor advice, and misleading directions.

We’ve been answering questions ever since. During the pandemic, while we processed hundreds of EIDL applications for a total of $70M in approved funding, we answered questions on free phone calls, email inquiries, and our live YouTube broadcasts.

We’re passionate about Small Business and we want to do our small part to demonstrate our commitment to their success. Here’s a sampling of recent comments and questions we’ve received in response to a variety of our YouTube videos.

Q: The only choice, it seems, is to bk the loan if you truly can’t pay. I’d say ignoring sounds like a bad idea. Many of these youtubers have people thinking forgiveness is coming. One was cheering because he heard people saying loans were being charged off. He has no idea that’s not a good thing, yet he pumped that nonsense.

Our Response:

The Federal government has a long memory.” That’s why ignoring your COVID-19 EIDL is a BAD idea!

Even if you’re making your payments, you might be inadvertently ignoring simple basics to comply with the terms of the Loan Agreement you signed. Things like submitting annual financial statements or notifying SBA of changes to your business. Failing to comply is literally considered a DEFAULT by SBA in the Loan Agreement!!!!

Our Post-Closing EIDL Blueprint has all the info you need to remain compliant and NOT IGNORE the COVID-19 EIDL!

As for filing bankruptcy: this is another one of those topics tossed around carelessly by the pseudo-experts. While filing bankruptcy could potentially discharge the debt, that means you may have to ALSO file a personal bankruptcy. AND THAT MEANS starting all over with your credit. Or, even worse, having to include your other personal assets and liabilities in your personal BK just because you listened to some fool pretending to give expert advice!

There are other ways to manage a challenge with payments. Our Post-Closing EIDL Blueprint discusses remediation in depth.

Q: I’m closing my small business down due to health reasons. There’s no personal guarantee. Am I personally affected?
 

Our Response:

Trevor and I are truly sorry to hear about your having to close your business! We have seen so many small business owners suffering during these uncertain economic times.
 
You should be aware that, even absent a personal guarantee, according to the SBA’s Loan Authorization and Agreement (LAA), you may still have a personal liability for a defaulted loan. Meaning, SBA could potentially come after you for repayment of the debt. This is one of those murky areas where SBA’s poor communications fails to provide clarity.

If a business has a COVID-19 EIDL and is closing down, you must contact SBA, whether or not there’s a personal guarantee. SBA has a process for every situation and challenge, and closing a business is no different.

Q: You need to go back and research personal property. It clear states that you guaranteed the loan . With your personal assets. So that’s what my attorney’s said and my CPA if the loan is over 200 thousand

Our Response: 

1. We created our Post-Closing Blueprint to delve deeper into complicated concepts like this.  If you purchase the guide today, you will receive free updates through December 2024. We’re updating the guide occasionally due to the changing landscape of the COVID-19 EIDL requirements.  In our recent experience, SBA is literally changing the rules on the LAA, and, we know that internally they are still working out procedures for the new challenges facing the COVID-19 EIDL Borrowers, including defaulting loans, hardship accommodations, and the concepts of personal guarantee and personal liability.

2. SBA’s communications for this complicated topic are terrible. As with so much about the SBA program, it is nearly impossible to get clear guidance on a challenge or an answer to a question.  Your Attorney and your CPA are reading this one way, and I’m reading it in a different way because of my background as a Loan Officer.

The other element to your comments is that it is difficult to properly explain these complicated concepts in our videos. We do our best, but our Post-Closing Blueprint provides a more comprehensive discussion on these topics.

Our intention with our guide is to provide background to help the Small Business Owner come to an understanding of complicated SBA concepts instead of solely relying on a “pat” answer to a complicated question posed to an attorney or CPA, which is, IMHO, what happened in this case.

Our guide gives you all the information and tools you need to manage your COVID-19 EIDL. We made our best effort to untangle the complications of SBA’s confusing communications.

Q: ⁠what if you have less than 20% ownership but also have a personal guarantee w loan over 200,000?

Our Response: 

We define and explain the personal guarantee in great depth in our expert guidebook “Post-Closing Blueprint” but a short answer is this: personal guarantee means the guarantor(s) (business owner(s) with 20% or greater ownership interest) will take over the responsibility to repay the loan in the event the business entity cannot make payments.  The assets of the business owners are not considered collateral for the purpose of the EIDL, but those personal assets can be seized in legal proceedings that result in a judgment.

Click to Watch Video Where we Answer This Question
Click to Watch Video Where we Answer This Question

Q: Thank you for your response. However, I do know of a loan over $200,000 with (4) personal guarantees. None of the members personally own more than 20% but collectively own over 51% of the company. Each name is and was included in the loan and it was approved. Was this a mistake to have the loan issued in the first place? Are the members liable as a collection even though they don’t personally own more than 20%. Thanks Again guys love your videos.

Our Response: 

I often saw where an SBA Loan Officer would request a “list” of all owners with less than 20% ownership and require that all ownership percentages total out to 100%.  But the “list” did not require SSNs or similar personal information, only a full name and percentage of ownership.  The fact that a person with <20% has their name on a “list” with an EIDL application does not mean they are on the loan.

If they were required to sign the EIDL LAA, that’s a whole other story, and likely the application was prepared incorrectly.  If so, SBA probably didn’t question it as so many of those early applications went through an automated process.

Q: Would the same apply to a sole prop business?

Our Response:

It’s not unusual for Small Business Owners with COVID-19 EIDLs to express confusion and concern about various requirements and restrictions imposed by this SBA program.

That’s why we created our comprehensive expert guidebook “Post-Closing Blueprint” as your single source “go-to” reference guide before you interact with the SBA.  We urge Small Business Owners to purchase the guide now because the EIDL is a 30-year loan and many questions and issues will come up.

If a Sole Proprietor has the equipment they use for the business enterprise, then the equipment can be considered collateral.

Click to Watch Video Where we Answer This Question

Other “intangible” assets such as Accounts Receivables, payments due on contracts, etc., are considered collateral. Our guidebook delves into the definition of collateral and business assets in detail.

Click to Watch Video Where we Answer This Question

Q: Any chance they may extend the 10% hardship payment longer than 1 year?

Our Response:

The SBA’s hardship accommodation is actually six months, not one year.  And, as per the SBA’s comments on their website, at their discretion, SBA may extend a hardship accommodation an additional six months.

In fact, the EIDL program generally allows for SBA to provide multiple hardship accommodations throughout the life of the 30-year loan!

As you may know from watching our YouTube videos, we only focus on facts, and we tend to demur from pure speculation. We don’t want to disappoint, that’s why we don’t speculate and why we prefer to focus on facts.

That’s why we stridently urge Small Business Owners to aggressively communicate with their U.S. Senators and Congresspeople to implore the federal government to both reauthorize the SBA and to enhance remediation for Small Business Owners with the COVID-19 EIDLs.

Congress controls the process!  Let them know how you feel and about the help you need to continue your recovery from the pandemic!

Q: The issue…for me at least…the economy is still crap. And my business has not recovered 100% so my income has declined and cost of living has increased. I really fear I will have to BK at some point.

Our Response:

We’re always disappointed to hear how Small Business Owners continue to struggle in this post-pandemic era.

We believe the U.S. Congress can certainly do more to relieve the suffering by providing some guidance to SBA to either increase deferments for the COVID-19 EIDLs, or to lower the interest rate, or, heavens-to-Betsy, offer FORGIVENESS!!!!

In the meantime, with our experience over decades in business ourselves, through all kinds of economic “storms” including recessions and the global mortgage meltdown, maybe we can offer you some kind and positive advice?

First, Trevor, a retired Loan Officer and “student of economic history” believes the economy is doing much better than most folks believe!  Yes, he knows that’s an unusual take, but it’s based on actual economic metrics, and ignores all those confusing media messages (you know, “There’s a recession coming!” “No recession!” “Is it recession yet?” and blah-blah-blah).

Second, from our own experiences, we believe that, when the going gets tough, the tough get going by focusing on ONE THING: Marketing!  We have so often seen how small businesses suffer at the hands of their own failures to increase marketing efforts.  In our opinion, the best way to overcome most business challenges is to get out there and try to find more customers.  The only way to do that is to invest 85% of your time and effort (and money) on MARKETING.

We can personally attest to how our increased marketing efforts have helped us to build our new business initiative after the SBA’s COVID-19 program ended, effectively “putting us out of business” in May 2022.

Marketing works! We truly hope you’ll find a way to overcome the business challenges facing your small business and that filing for bankruptcy will only be a distant and unrealized concept!

Q: I feel its vital folks out there get a sense for what is really happened to small businesses and what heartache and hardship we were put through. I mean the sba can cancel the interest and allow businesses to pay back the loan at hardship accommodation mode for 5 years. This is going to take a long time for mom and pop places to recover from. And county level officials need to be proactive and hold urgency when small businesses get their licenses taken away. We cant wait for legislation for next year for this to help. We need help at real time! Both parties need to mature up.

Our Response:

SBA cannot cancel interest and is not currently allowing hardship accommodations for 5 years.

We discuss SBA’s hardship accommodation and other loan remediation policies, including providing strategies for Small Business Owners to negotiate and communicate with SBA in our comprehensive Post-Closing Blueprint guidebook.

We stridently urge businesses with the COVID-19 EIDL to purchase our guide as their “GO-TO” reference before interacting with the SBA.

Q: Does the SBA automatically put a lien on you assets if the loan amount is 50k ? If I am current would their be a lien on my property?

Our Response:

We answer this question in detail in our Post-Closing Blueprint.  We encourage business owners with a COVID-19 EIDL to purchase our guide as the “GO-TO” reference before interacting with SBA for any questions or concerns about the EIDL.

The short answer: SBA put a UCC lien against the business assets for a COVID-19 EIDL if the loan amount was greater than $25,000.00.

There is no lien against your personal assets.

The lien is there from the beginning of getting the loan; they don’t put additional liens later on.

Q: They accused me of fraud six ways from Sunday, they denied my loan by accusing me of fraud, isn’t that negligence and character defamation? They did the same to hundreds of legitimate SBOs, so I’m wondering why we’re not banding together and filing a class action…I was shocked at how focused they were on fraud, against all logic and common sense, and they refused to hear me out or entertain the idea that they were wrong. Maybe the reason they’re making such a big deal about the alleged d fraud is because they finally realized they were actually negligent AND defamed innocent people’s characters, but don’t want to get sued…?

Our Response:

Call SBA Disaster Customer Service at 1-833-853-5638. Explain briefly the history of your application, focusing on these four key elements:

ONE: You Signed the Loan Agreement for a COVID-19 EIDL (You should have this in front of you on the call with the SBA Disaster Loan number located in the upper left hand corner of the agreement)

TWO: You never received the funds
THREE: You were told your file was flagged for “fraudulent activity”
FOUR: You want to confirm that you do NOT have a COVID-19 EIDL loan with SBA that needs to be repaid.

The SBA representative will transfer to the servicing center if a loan was funded. You will need to repeat your story again, but your goal is to ensure you have NO DEBT for the COVID-19 EIDL program.

Please note that we offer a one-hour phone consultation where Trevor will call SBA with you on the line if you prefer to have our expert professional assistance. You can schedule the paid consultation call here.

Q: ….so I get it…that’s why I continue to make monthly payments. Yet I wonder if defaults reach a serious level what in your opinion will Congress or the SBA attempt to do to prevent their defaults from snow balling well beyond any foreseeable limits? Obviously the US government isn’t benevolent unless you are a too big to jail bank but are the bureaucrats that heartless?

Our Response:

We literally have no idea how SBA and/or Congress will react to a high number of COVID-19 EIDL defaults. There’s no true precedent, except for maybe Hurricane Katrina where a portion of the SBA disaster loans were ultimately forgiven thanks to a strenuous campaign by political representatives from Louisiana.

Currently, the mood in the Senate, at least, led by Senator Joni Ernst, seems to be to demand that SBA aggressively enforce collections on ALL COVID-19 EIDLs.  There does not seem to be a mood to accommodate and support Small Business Owners, the so-called “backbone of the American economy.”

The best course of action we can recommend is this:
1: Begin a constant communications campaign with your United States Senators and your local Congressional representative.

2: Demand that Congress create a response to these defaulted loans and future defaulting loans to help business owners emerge as undamaged as possible, including forgiveness, loan remediation to include longer hardship accommodation periods (currently six months), and potentially reducing the interest rate on the COVID-19 EIDLs.

3: Demand that Congress reauthorize the SBA and EXPAND the SBA with funding and expanded Congressional guidance.

Q: I have an eidl loan that was $50,000. I am a sole prop, i do not have or own any business assets, did not put up any collaterall , i rent an apt, finance my car and basically have a dead seasonal service based self employment type ” business”. I cannot pay this loan back – what will happen?

Our Response:

We’re so very sorry to hear about your situation!  So many small businesses continue to suffer due to the economic ravages of the pandemic.

We know that SBA is wrangling internally with issues about defaulting COVID-19 EIDL loans. Their procedures are evolving frequently.

When all is said and done, even without collateral and without a personal guarantee, a defaulted federal debt is a serious problem. We address this issue in our comprehensive expert guide, the Post-Closing Blueprint.

We’re hoping you and other folks in your situation will rely on our guide as the primary reference source BEFORE you interact with the SBA to try to resolve the defaulted loan situation.

One word of caution: a lot of the “urban mythology” out there would have folks believing “the SBA is never coming after me and my little business” leading them to simply ignore the debt obligation.   We believe this is a tragically horrible strategy.  The federal government has a long memory and you don’t want to be on the receiving end of their collection efforts, ever.

Especially as several US Senators are urgently pressing the SBA to aggressively enforce collection on these debts, even those loans for less than $100,000!

Don’t ignore the debt; contact the SBA to work out a resolution. Use our guidebook to prepare you before you contact the SBA. We wish you all the very best in this terrible situation!

Q: a general question about ERC and worry about being scammed

Our Response:

In our experience, the IRS sends the refundable tax credit to THE BUSINESS, not to the ERC consultant. Hopefully, you did not give the consultant access to your bank account.  

The ERC consultant on our Referral Partners team gets paid by the Client AFTER the Client receives the IRS refund and the consultant has to trust the Client to pay the consultant fee.  

The IRS scam warning focuses on consultants who take fees upfront and/or who improperly process ERC requests, including with incorrect documentation or for ineligible businesses. Get our FREE ERC Guide.

We created a FREE ERC guide. Click on image to download.

Q: So what are my options if I’m not able to pay back my loan? I’m sure there are thousands of people out there that cannot pay these loans back

Our Response:

We’re sorry you’re experiencing difficulties with repayment of the COVID-19 EIDL.  So many Small Businesses suffered through the pandemic and subsequent economic difficulties.

We’re not sure what “…not able to pay back my loan” means, whether your business failed, or you’re still in business and cannot afford to make any payments at all, or if you need temporary assistance with a reduced payment until revenue improves.

We tried to anticipate all three of these situations and more in our Post-Closing Blueprint where we provide detailed guidance to answer questions like yours.  

We assembled our expert comprehensive guidebook based on our experience with SBA processing, our experience as financial services professionals, and over the past 9 months, speaking with Small Business Owners and the SBA to get the right answers to questions like these.

Our guidebook gives you strategic solutions including WHO and HOW to call at SBA, SBA forms you might need, TEMPLATES for submitting requests to SBA, and Step-By-Step instructions to help you resolve challenges with the SBA loan program.

Keep in mind that, while a business may be unable to pay these COVID-19 EIDLs, these are legal debts and SBA will require repayment in one way or another, either now or in the future through debt collection practices.  In other words, these loans are not simply a matter of “walking away.” Hope that helps!

Q: I am in the trucking business and with everything and the stimulus that I borrowed, it is going badly for me and I cannot pay the full monthly payment, if this economy does not improve, then they can do what they want with me and what I have been able to achieve so far

Our Response:

We are sorry to hear your business is still struggling.  The harsh realities of the pandemic combined with the following economic issues such as supply chain and inflation is certainly impacting millions of Small Business Owners.

SBA will allow you to pay a reduced payment of as little as 10% of the monthly payment (must be a minimum of $25.00) for a six-month period.  You can request this hardship accommodation on your MySBA portal.

If the issues are more urgent, then we recommend using our Post-Closing Blueprint to guide you on how to call the SBA, who to speak to, and the SBA’s forms and process.

SBA Facts, Faults and Failures

For all its faults, SBA has helped MILLIONS of Small Business Owners (SBOs) with the EIDL program. Seems irrelevant when you’re still waiting for funds.

The SBA has many, many, many faults, however we’ve discussed Trevor’s “Three P’s” for EIDL success: Patience, Persistence, and Process. Today we add a fourth “P”: PEOPLE.

An SBA senior Loan Officer, also a former Mortgage Banker like Trevor, recently said to Trevor, “It comes down to who’s working on the file here at SBA.”  There’s a lot of “in between the lines” to unpack about that comment.

The Loan Officer also made this statement: “You know, the application for EIDL is pretty simple. A tax return, and a couple of documents. It’s not complicated.

This is why your success—OR FAILURE—with the SBA process and your application, more often comes down to ONE PERSON.  One good person gets you approved; one bad person leads you into SBA EIDL HELL.

DECLINATIONS

We have NO RESPECT for SBA declination letters. The reasons given for declinations are often so absurd and so out of touch with the reality of the loan application documents is a complete JOKE.

Declination Examples:

“You’ve received maximum allowable EIDL based on your 2019 tax return” or “Economic Injury Unsubstantiated” when the tax return CLEARLY shows there’s sufficient income. ONE PERSON at SBA doesn’t know how to do 5th grade arithmetic. That ONE PERSON DECLINED the loan.

“Withdrawn due to inactivity” this one is one of the BIGGEST JOKE declinations.  We’ve received these on files where we had literally submitted documents weekly for two months.  Even after emailing with a Loan Officer!

AND THE INFAMOUS: “Unverifiable Information”. What does this even mean? They don’t tell you what information was unverifiable.

THANKFUL MOMENT: YOU CAN GET APPROVED with the FOUR P’s: patience, persistence, process, and people.

Ignore the declination letter.  Don’t give up. File a Reconsideration; file four Reconsiderations. KEEP GOING.

You will NEVER KNOW the reason you were declined.  Remember what the Loan Officer said to Trevor: “It’s pretty simple.” If you KNOW that you’ve submitted your documents in a clear and organized and professional manner, then you’re going to get approved. As long as you’re persistent and you keep going until the RIGHT PERSON gets your file, you will get approved.

OTHER ADVICE: Everything we share with you is based on hundreds of interactions and hundreds of Clients and thousands of documents combined with Trevor’s 30+ YEARS as a Lender.  Here’s some valuable advice we have for you:

You’re the only person who can provide the best quality documents and the most accurate information.

Sure, you can read about a couple of people on Reddit who:

A) Called their politician
B) Called the SBA everyday
C) Made friends with an SBA Loan Officer but the advice they give you is WRONG.

  • CALLING SBA is a waste of time
  • EMAILING SBA is a waste of time
  • POLITICIANS CANNOT HELP
  • THERE ARE NO SHORTCUTS

SUBMITTING documents in an organized manner, with NO STORY TELLING, is the ONLY WAY to get a RESULT

IF you’re declined, submit a RECONSIDERATION.  Don’t give up. Organize your documents and send it in AGAIN. AND AGAIN. UNTIL you’re approved.

SBA: The Painful Truth

Play Video

For more than 18 months we’ve processed EIDL files for our Clients. For 18 months we’ve dealt with the complete dysfunctional insanity known as the Small Business Administration (SBA). Today we’re sharing with you the “painful truth” of what you can expect with your interactions with the SBA.

We know there are many videos, blog posts, newspaper articles, not to mention SBA “good news” propaganda out there in the world. We know that millions of Small Business Owners are desperate to receive the vital funding available through the EIDL program. We know that, in the moment of truth when a Small Business Owner (SBO) receives ANY kind of notification from SBA, or any hint of activity or whisper of progress, the typical SBO loses their minds, thinking, “Finally! At long last!” 

It’s a lot like Tom Hanks on the beach in the movie “Castaway” when he sees an airplane flying overhead. He’s so desperately, depressingly, excited, to even dare think he might be one tiny step closer to being rescued that his emotions overwhelm him, first with the excitement stage, then in the absolute grief stricken stage when he realizes he’s lost, without any hope.

That’s exactly how millions of SBOs feel with the SBA and the EIDL process.

Here are some “painful truths” to help you prepare yourself to better handle your emotions and potential anxiety.

The Background.

Trevor is a 30+ year veteran Mortgage Loan Officer. He has literally “seen it all” and he dealt, almost exclusively, with U.S. Government lending programs. He leverages this experience in two (2) ways for our EIDL Clients. 

First, because he understands Government regulations and processes, he approaches the EIDL application with a different perspective from the average Small Business Owner. It’s more pragmatic, more logical, more process-driven. 

Secondly, given the opportunity to speak directly with an SBA representative, Trevor flashes his credentials like a big city homicide detective in a small town police station after his grandmother smacked her car into a neighbor’s shrubbery. 

He’s polite, respectful, but, because of his experience, and because he presents himself as a colleague and fellow traveler, the SBA representatives, more often than not, communicate with him differently than they would to you. Often, they share insights into the SBA process that would NEVER be revealed to the average SBO.

For instance, yesterday a young SBA Loan Officer made the following two statements upon hearing Trevor’s “I’m a Loan Officer” introductory rap: “I’ll be honest, the guidelines change almost weekly.” And, “I’m not talking out of school, but sometimes, I get quite frustrated with many of my colleagues and the notes they make in the files.

In other words, there’s an entire “behind the scenes” aspect that SBOs simply cannot grasp. And you may not understand how that behavior at this Federal bureaucracy is prohibiting you from getting access to these vital funds.

Important “Painful Truths” to understand.

Painful Truth: Seven days to submit documents.

SBA says you have seven days to submit documents (we’ve seen three days also!). Problem is twofold:

1. Even if you submit the requested documents, say an IRS 4506-T, within three minutes of receiving the request, you’re most likely to hear nothing back from SBA for weeks. Or months

2. We’ve seen SBA indicate this ridiculous rule of “seven days to submit” only to get an email six weeks later, looking for the same documents, whether they were submitted or not. In short, what the SBA “says” about your process must NOT be trusted AT ALL.

Painful truth: multiple IP address log-ins. 

Yes, we’ve discovered that SBA representatives are putting fraud alerts on your EIDL file if you’ve logged in from multiple different IP addresses, whether by emailing the SBA or by visiting the SBA portal. 

That fraud alert is literally stopping your file in its tracks. 

Many SBOs have been working for many months, or even more than a year, to get their EIDL processed. In all that time, out here in the real world, it’s perfectly reasonable that someone might use different computers or devices, or different Wi-Fi networks to interact with the SBA. 

BUT, instead of understanding how the world actually works, the SBA treats these normal activities as fraudulent. Meanwhile, the real criminals have been stealing money from the SBA and the US Government since day one. 

You are getting lumped in with the criminals simply because you used your iPhone to log into the SBA portal on Monday, and then your home computer on Thursday.

Painful truth: SBA representatives either don’t read your complete documents submitted, or, worse, they don’t know their own required forms.

We’ve seen it all in this regard. We’ve used the SBA’s own forms (3501, 3502, 1368) to submit Reconsiderations and Appeals, only to get yet another ridiculous document request, or worse, a declination, because the SBA person working on the file didn’t bother to read the SBA forms we submitted, or didn’t understand them.

The reasons for this behavior are layered, ranging from:

  • lack of time to review the file thoroughly (a true underwrite takes hours, not minutes)
  • lack of training or knowledge, and finally
  • utter incompetence

What can you do about this? Nothing, other than keep plugging away.

Painful Truth: Management Review

Even if your SBA Loan Officer is a Superhero on your file, because of the aforementioned fraud consciousness of SBA, your file must go to a supervisory level to sign off on the Loan Officer’s approval. Not only can this be a “black hole” for your file disappearing, but some of these supervisors are attorneys, not loan officers. So, even if you had a great conversation with your Loan Officer, once the supervisors get your file…well, you understand the painful truth revealed here.

When your EIDL file is declined, you will NEVER in ONE MILLION years be told the truth of why the file was declined.

STOP ASKING WHY. They won’t tell you, or will give you a reason that may or may not be accurate. This is mostly because there are no accurate notes in your file at SBA and also because to answer your question literally requires a FULL UNDERWRITING REVIEW of your file.

The Customer Service rep or Tier 2 Agent cannot give you that level of attention. They cannot. PLEASE STOP ASKING. 

Final Painful Truth: YOU, the EIDL applicant. 

Your emotion and anxiety and failure to take care with your own documentation, gets in the way.  We see this time and time again with our own clients. 

They want to tell “story”, and yet, they submit documents that are inadequate, incorrect, contradictory, and incomplete.

We’ve said this thousands of times: STOP STORY-TELLING.

The SBA reps not only don’t want to hear it, but you’re actually muddying the waters of your loan process. Do you know what it’s like to have to sort through 23 novel-length emails explaining and telling stories? It’s impossible.

We’re advocates for our clients. Can you imagine how the SBA representatives react to this nonsense? You’re literally your own worst enemy with the EIDL process. We know, the truth is painful. 

10 EIDL UPDATES

Visit our Videos on COVID-19 EIDL Updates

Our opinions are our own. For videos on EIDL Updates, visit our YouTube playlist.

1. SBA is definitely working faster on files. We’re seeing recent Reconsiderations getting a response in thirty days or less. The response typically requests additional documents; the response isn’t necessarily an approval.

2. Once documents are submitted. SBA’s typical dysfunction kicks in and there’s silence on the file, no status updates available, NO approvals, and, too often, DECLINATIONS.

3. DECLINATIONS. We’re seeing that SBA fails time and again to actually read documents submitted for the Reconsideration process, including failure to read SBA’s OWN specialized forms (SBA Form 3501 and 3502). Also a failure to thoroughly review tax returns.

4. DECLINATIONS II. There’s a spate of declines over the past several days. Feels like SBA is “clearing the decks” again and sweeping older files over the starboard bow.

5. OLDER Reconsiderations. It’s an absolute disgrace with the lack of activity on these files. When SBA actually works on the file, there are repetitive requests for the same documents, and failure to read the documents submitted and move the file forward.

6. Once a Loan Officer signs off.  When a file is marked for approval based on the loan officer’s review, there’s a secondary review level (including legal team as far as our understanding). This secondary review seems to take weeks and there’s no response or status update in the meantime.

7. Uploading documents to SBA portal.  This is a constant nightmare: documents do not register in the system or are marked as “incorrect” when they aren’t.

8. $2M Increase requests. So far, it’s easy to request; we’ve submitted several.

9. Funding problems. Once a file is approved and the primary “authorized signor” DocuSigns the Loan Agreement, there have been delays in receiving the funds. We solved the mystery yesterday when we discovered the SBA is emailing the Loan Agreements to ALL other owners with a 20% or greater ownership interest, but the emails often go to SPAM and the primary signor is UNAWARE of this because there’s no mention (or functionality) on the SBA portal.

10. INCREASE BACKLOG. SBA has NOT cleared the backlog. We still have dozens of Client increase requests languishing in the SBA system with NO activity since APRIL.

Grab it NOW

How to Apply for an EIDL Loan

An updated sample of the EIDL application with Trevor's commentary on what changes the SBA has implemented when underwriting your EIDL loan.

Ambiguity and Uncertainty

Ambiguity and uncertainty are not words that Small Business owners embrace in their daily vocabulary. Even fishing professionals, sailing the chilly vastness of the North Atlantic in search of Cod, Haddock and Mackerel, don’t use those words. They set out on their fishing forays with a sense that they will find fish using their experience and knowledge, helped along by some modern technology.

Call the SBA with a question that requires a definitive answer, though, and you get an uncertain or ambiguous answer. Call multiple SBA representatives with the same question and get multiple answers.

Small Business owners have come to rely on the SBA during the COVID-19 pandemic to provide a vital financial lifeline to keep their businesses alive as they struggle with the various challenges of the pandemic disaster. When a Small Business owner asks questions, whether they’re general questions about the EIDL process, or specific questions about the Small Business’ EIDL application, they expect specific and hopefully detailed answers.

Question to the SBA: “Now that the loan will be declined for Reconsideration because the IRS hasn’t processed the tax return, how long does the applicant have to file another Reconsideration?”

I don’t even remember what the answer was because it was so vague and ambiguous.

“Good morning SBA, what is the current turnaround time, on average, for EIDL Reconsiderations?” or
“Hello SBA, if I file a Reconsideration request today, how soon can I expect that my file will be assigned to a Loan Officer at the Reconsideration team?”

The Small Business owner cannot get reasonable or certain answers to these questions.

Trevor worked in retail electronics in the 1980’s in customer service. When a customer brought a VCR or stereo system in for repair, he could provide the customer with a reasonable expectation for turnaround time for their repair. Even if they had to order parts for the device to repair it, they could know within a reasonable range of time, when those parts were due to arrive and when the technician could be expected to complete the repair.

They knew the repair intake process, the repair tech servicing queue, the quality control check process, and even when the product was on the truck for delivery back to the store for customer pickup. And this was with electronics repairs where anything could happen with the electronic device once it was on the repair bench and the tech tried to solve the repair problem.

Customers had a reasonable expectation to receive unambiguous information about the repair process.

“Hi there SBA! Can you please give me a status on my EIDL Reconsideration file?”
The Answer most often: “In process.”

What does that mean? Where in the process is the file? Has a Loan Officer reviewed the tax returns, read the transcripts from the IRS, etc.???

As a Mortgage Banker, Trevor knew every step of the way where the Applicant’s file was in the loan process: appraisal on order, appraisal received, verifications received, submitted to Underwriting, quality control review, clear for closing, and etcetera and etcetera.

While writing this blog, one of our clients for Reconsideration sent me a text message,
“This is like the old Heinze ketchup commercial, ‘Anticipation, it’s making me wait.’ Guessing no news is good news?”

When a Small Business owner begins their business day, they do so with a clear understanding of how their business operates, what they have to do to achieve their business goals, and their certainty in their methods for success. When they run up against the constant lack of clarity and certainty with their urgent EIDL financing requests at the SBA, their COVID crisis anxiety increases exponentially.

This is unacceptable.

The Small Business Administration, in its mission to advocate for Small Business, needs to do a spectacularly better job of providing clarity and specificity and to remove ambiguity and uncertainty from the process.

Tracking Receipts for Your EIDL Funding

The question posed by an anxious Small Business Owner: “Do we have to turn in receipts for everything we spend on the advanced GRANT? If I get it, I’m scared to make sure I document everything properly that I need to. How are you spending yours? I’m unsure where I can use it and what’s off limits.

Even though the “Advance” technically doesn’t have to be repaid, it’s still considered part of the EIDL program by SBA.

Therefore, in common sense terms you should keep records and receipts. In general business terms: Why would you NOT keep records and receipts? These are tax deductible items after all since they’re expenses against your business income. AND…tracking income and expenses is an essential monitoring tool to grow a business.

How can you know if you’re earning and growing if you’re not tracking income and expenses?
These are the reasons why it makes perfect business sense to track receipts and to keep good records.

Our opinion: There’s been so much confusion around these programs, mostly due to SBA’s terrible messaging and lack of clarity on these very questions. It’s disgraceful that we all have to hunt around the internet to collect “anecdotal” evidence from other Small Business Ownres to educate ourselves about the important fine points of these programs.

There should be a simple to read guide on the SBA website that anticipates and answers these questions.

We’ve had clients telling me since last April how they’re “terrified” of using their EIDL monies incorrectly. That’s an absolute shame.

In the early days we were more forgiving of SBA’s failures because, well, it was COVID and EVERYONE EVERYWHERE was overwhelmed. But a year into this thing you’d think SBA would have gotten its act together, especially in the light of their allocating SBA staff to contacting EIDL Borrowers for “Resolution Letters” and “Hazard Insurance” (good luck getting a definition of what that’s supposed to be!).

How about, instead of wasting tax dollars on staff salaries for that nonsense SBA allocated those folks to processing the loans? Or that they invested tax payers’ money on creating online materials that’s accessible to every Borrower and interested prospective Borrower with clear, detailed information on the EIDL and PPP programs?

Short answer: The terms of the EIDL Agreement are clear: receipts and records can be requested by SBA in the future.

Seriously, if we ran our respective businesses this way, we’d be OUT of business.