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Small Business Loan News: Stimulus Bill--can We Now Acquire Loans Inside The New Secondary Market? The word is out that this new stimulus bill (American Recovery and Reinvestment Act of 2009) includes a special provision making a Federal government secondary market for SBA guaranteed loans. If you're a small business owner will this loosen up any lender purse strings and enable some money to trickle down from your big cats on Wall Street and into your pockets? Yes it is really a good start but hold your contagion given it is less wildly exciting because you might think. In fact some have openly criticized the new bill. We start with looking in a program that's already available the other by which SBA lenders are actually making loans: the Community Express Loan Program. This gives unsecured business loans between $5000 and $50000 with hardly any paperwork answers typically in two days interest levels presently at 7.75% funding and 2 weeks and monies wired directly in your business account. Enter the Obama stimulus bill. Let us look how it affects this program and small business lending like a whole. Some undiscerning headlines claim $3 billion inside stimulus bill has pumped into the secondary market and viola banks will likely be increasing loans. Not so fast. As this article explains that money is being pumped into an elite SBA program that is not going to affect the typical business owner. Before giving a clear answer let's define what we have been talking about. Most of us have heard about SBA loans. With the exception of disaster loans and also the Microloan Program (for underserved communities) the Federal government from the U.S. Small Company Administration (SBA) will not actually loan the money. Instead it licenses private lenders like the community bank on your block to create loans and when there exists a default Federal government guarantees come towards the rescue and reimburse for a certain percentage. So in case you got a $100000 loan (in this economy? OK hypothetically) which has a 75% guarantee high can be a default after going through certain steps the lending company could receive reimbursement for approximately $75000. And remember there are literally thousands of lenders around which do SBA loans for the simple reason believe that warm and fuzzy while using guarantee. Now here's how the secondary market works. In the good old days absent toxic reverse mortgages banks held onto their loans and merely kept the in-house interest. But those days are over and banks now pool their loans and sell to investors about the secondary market which pays them a premium because from the expected enjoyment of future loan interest. They were packaged much like mutual funds. Unfortunately the secondary market has become a dry creek bed. I'm not handing out excuses for the banks but that is one with the reasons these are not loaning. But ask the common person on the trail along with a grimace creeps upon their face whenever they hear the name SBA loan: "Yeah in whose lifetime? I would much prefer getting a loan while I'm still young." Visions pop within their heads of pounds of paperwork endless regulations untold delays and layers of government red tape. But not fast. The SBA even offers excellent smaller loans which are truly "lean and mean". So what does the modern stimulus bill do? It got with an "A" for that idea but hardly passing with the follow through it failed to go nearly far enough. Under Section 503 of the new bill it's create a secondary industry for 504 loans only(to eliminate any confusion the word "504" refers to your section under the old Small Enterprise Investment Act instead of the existing stimulus bill) which applies primarily to larger ventures seeking commercial loans for choosing land and buildings. A private lender works in conjunction using a government Certified Development Company. Typically the non-public lender makes a loan for 50% from the cost under a first mortgage (not guaranteed by the SBA) with 40% loaned through the CDC in a second position (100% SBA guarantee). The other 10% can be cash from the borrower. So if you certainly are a trucking company which includes worked hard and increased your quantity of trucks from 5 to 10 to 15 and years later to 100 you need to buy a new yard and warehouse (for lower than truckload jobs). Cost--$4 million. You obtain a bank to loan beneath the 504 Program as a first position commercial mortgage. The SBA now gets the authority to setup a SBA Secondary Market Guarantee Authority and give guarantees for pools of 504 loans being sold to third party investors for the secondary market. The lender has to retain no less than a 5% interest at risk. The SBA loan guarantees not a much more than $3 billion for these pooled mortgages. If you like to read fine print here could be the exact wording: SEC. 503. ESTABLISHMENT OF SBA SECONDARY MARKET GUARANTEE AUTHORITY. (a) PURPOSE- The purpose on this section is always to supply the Administrator with all the authority to ascertain the SBA Secondary Market Guarantee Authority from the SBA to provide a Federal guarantee for pools of first lien 504 loans that are to get sold to third-party investors. (b) DEFINITIONS- For purposes of the section: (1) The term `Administrator' means the Administrator from the Small Company Administration. (2) The term `first lien position 504 loan' means the first mortgage position non-federally guaranteed loans made by private sector lenders made under title V of the Small Company Investment Act. And further: (2) GUARANTEE PROCESS- (A) The Administrator shall establish by rule a procedure by which private sector entities may apply towards the Administration to get a Federal guarantee on pools of first lien position 504 loans that are to be sold to third-party investors. But you will discover there's catch. In another article I stated the SBA does away using the borrower paying that loan guarantee fee which could be 1000s of dollars for larger loans. Unfortunately for that secondary market on 504 loans the SBA bills you a fee. Currently these plans didn't come with an SBA guarantee: (3) RESPONSIBILITIES- (A) The Administrator shall establish by rule a procedure through which private sector entities may apply for the SBA for a Federal guarantee on pools of first lien position 504 loans which can be to be sold to third-party investors. (B) The rule under it shall provide for the process for that Administrator to consider to make decisions regarding if they should extend a Federal guarantee known in clause (i). Such rule shall offer that: (ii) The Administrator shall charge fees upfront or annual at a specified percentage with the loan amount that's at such a rate the cost in the program beneath the Federal Credit Reform Act of 1990 (title V from the Congressional Budget and Impoundment Control Act of 1974; 2 U.S.C. 661) will be add up to zero. This secondary market program set up by the SBA will simply continue for a couple of years under section 503 (f). Because this is emergency legislation the SBA would be to issue regulations within 15 days in the signing from the bill (503 (i)); amazingly quick for government purposes. What about the secondary market on other loans? The typical everyday medium to large SBA loan is underneath the workhorse 7(a) program. For example using the identical trucking company should they needed money to buy more trucks hire employees and general cash flow they would seek a 7 (a) loan. The stimulus bill will not setup a fresh secondary market for 7(a) loans. But it can allow direct government loans (not produced by private banks) to broker-dealers inside the secondary market purchasing 7(a) loans. So in the event you are inside business of purchasing pooled 7 (a) loans and require a loan to complete so taxpayers monies will probably be used with this purpose. The idea would be to stimulate this secondary market again so banks will make further loans. But what about small guy? 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