|
|
|
|
We have tons of info here. Use our Search function to find it
fast....
|
|
|
Article added or updated:
03/30/2008 |
SBA Disaster Loan FAQ
|
| 9/24/05
Related Articles:
Disaster Biz Loans
Disaster Business Loans
Home and Personal Property Disaster
Loans
Disaster Planning
SBA Disaster
FAQ
Frequently Asked Questions about SBA Disaster Loans
Q. How much can I borrow?
|
|
|
A. The amount of money that the SBA will lend you will be based upon the
actual cost of repairing or replacing your home and/or personal
property, minus any insurance settlements or other reimbursements or
grants. The total loan amount is subject to the limits set out above.
Q. Must I use my own money or try to borrow from a bank before coming to
the SBA?
A. No.
Q. I already have a mortgage on my home. I can't afford a disaster loan
plus my current mortgage payment. Can the SBA refinance my mortgage?
A. In certain cases, yes. The SBA can refinance all or part of prior
mortgages, evidenced by a recorded lien, when the applicant: 1) does not
have credit available elsewhere; 2) has suffered substantial
uncompensated disaster damage (40 percent or more of the value of the
property); and 3)
intends to repair the damage. An SBA disaster loan officer can provide
more detailed information on your specific situation.
Q. What information do I need to submit for a home and/or personal
property loan?
A. The necessary information is specified in the loan application. In
all cases, it includes an itemized list of personal property losses with
the repair or replacement cost of each item. It also includes permission
for the IRS to give the SBA information from your last two federal
income tax returns. If you have pictures of the damaged property, you
can include them as well.
Q. Will the SBA check the losses I claim?
A. Yes. Once you have returned your loan application, an SBA loss
verifier will visit you to determine the extent of the damage and the
reasonableness of the loan request.
Q. How soon will I know if I qualify for a loan?
A. That depends on how soon you file a complete SBA loan application.
The SBA disaster relief program is not an immediate emergency relief
program such as Red Cross assistance, temporary housing assistance, etc.
It is a loan program to help you in your long-term rebuilding and
repairing. To make a loan, we have to know the cost of repairing the
damage, be satisfied that you can repay the loan, and take reasonable
safeguards to help make sure the loan is repaid. The SBA loan
application
asks for the information we need. The faster you return it with all the
needed information, the faster we can work on it. We try to make a
decision on each complete application within seven to 21 days.
Applications filed early can be completed in a much shorter time. We
process applications in the order received, so file early. Be sure your
application is complete; missing information is the biggest cause of
delay.
Q. How soon can I expect the money?
A. Loans over $10,000 have to be secured. We won't decline a loan just
because you do not have enough collateral, but we do ask for whatever
collateral is available. This means that after a loan is approved there
are other steps you must take. Usually, the security consists of a first
or second mortgage on the damaged real estate. After we approve the
loan, we will tell you what documents are needed to close the loan. You
return the loan-closing documents to us, we can order the checks. You
will receive the money in installments as you need it to repair or
replace the damage.
Q. Should I wait for my insurance settlement before I apply to the SBA?
A. No. If you do not know how much of your loss will be covered by
insurance or other sources, the SBA will consider making a loan for the
full amount of the loss, up to our loan limits, provided that you assign
the insurance check to the SBA to reduce the amount of the loan.
Q. I would like to get a contractor's estimate for the cost of repairing
damage to my home, but I'm having trouble finding one. Should I hold up
my application until I get the estimate?
A. No. You might miss the deadline for filing your application while
waiting for a contractor's estimate. If you have an estimate, include
it. The SBA will verify any damage estimates listed on your loan
application. Also, the sooner you file a completed application, the
sooner the SBA can process it.
Q. If I receive a disaster loan, may I spend the money any way I want?
A. No. The disaster loan is intended to help you return your property to
the same condition it was in before the disaster. Your loan will be made
for specific and designated purposes. Remember that the penalty for
misusing disaster funds is immediate repayment of one-and-a-half times
the original amount of the loan. The SBA requires that you obtain
receipts and maintain good records of all loan expenditures as you
restore your damaged property and that you keep these receipts and
records for three years.
Q. If my home is completely destroyed, can the SBA lend me money to
relocate my home somewhere else?
A. If you are unable to obtain a building permit to rebuild or replace
your home at its original site, the
cost of relocating your home might be included in the loan amount. If,
however, you decide to relocate your home without being required to, an
SBA loan can be obtained only for the exact amount of the damage. SBA
can not make loans involving some relocations. An SBA disaster loan
officer can provide more detailed information on your specific
situation.
Q. I am a farmer. My home was damaged, and so were my barns, fences, and
some of my crops. Am I eligible to apply for SBA assistance?
A. You may apply to the SBA for a loan to cover the damage to your home
and its contents only. But it may be in your interest to seek assistance
first from the U.S. Department of Agriculture for all your damage.
Q. Are secondary homes or vacation homes eligible for loans?
A. No, not as homes. They may be eligible for business disaster loans
under certain conditions.
Q. Are there any other limitations?
A. Yes. Generally, loans will not be made for damage to personal
pleasure boats, planes, recreational vehicles, antiques, collections,
etc. Also, amounts for landscaping, family swimming pools, etc., are
limited.
Q. Is there a minimum monthly payment, and when would the first payment
be due?
A. The SBA does not have a minimum monthly payment. Payments vary
depending upon income and expenses, size of family and other
circumstances that may affect your repayment ability. Generally, the
first payment is not due until five months after the date of the loan.
Q. I had to remove debris from my property after the disaster. Can this
expense be included in my loan application?
A. Yes, but your own labor and that of family members cannot be
included. Amounts paid to others and any equipment rental can be listed
as part of repairs to real estate. Remember that the maximum loan limit
on real estate damage is $200,000, and debris removal is included in the
limit.
Q. May people over the age of 65 apply for help from the SBA?
A. Yes. Loans are made without regard to age.
Q. I've heard that SBA loan applications are complicated and hard to
complete. Is this true?
A. No. The application form asks you the same information that any bank
would request before lending you money. If you need help, SBA disaster
personnel are available to explain the forms and give you assistance at
no charge. You may use the services of accountants or attorneys if you
wish, but be sure they are reliable and that their fees are reasonable.
If you choose to use an attorney or an accountant, you must report those
fees on your SBA loan application form.
Q. Are damages to cars and mobile homes eligible?
A. Generally, yes. The loan would be only for uninsured losses.
Q. Do I need flood insurance to get a loan?
A. If you are in a special flood hazard area, you must have flood
insurance before we can disburse a loan. The amount of insurance
required is the insurable value of the property in the special flood
hazard area but not to exceed the maximum flood insurance available
under the National Flood Insurance Act.
Frequently Asked Questions about Physical Disaster Business Loans
Q. I've heard that SBA loan applications are complicated and hard to
complete. Is this true?
A. No. The application form asks you for the same information about the
business and its substantial owners and managers that generally is
required for a bank loan. If you need help, SBA personnel will explain
the forms and give you assistance at no charge. You may use the services
of accountants,
attorneys or other representatives if you wish, but be sure they are
reliable and that their fees are reasonable. You must report the use of
a representative and the fees charged on your loan application.
Q. If I receive a disaster loan, may I spend the money any way I want?
A. No. The disaster loan is intended to help you return your property to
its pre-disaster condition and, under certain circumstances, for
mitigating devices. Normally, SBA funds cannot be used to expand or
upgrade a business. If, however, city or county building codes require
such upgrading, then you can use the SBA loan for that purpose. Your
loan will be made for specific and designated purposes. Remember that
the penalty for misusing disaster funds is immediate repayment of
one-and-a-half
times the original amount of the loan. The SBA requires that you obtain
receipts and maintain good records of all loan expenditures as you
restore your damaged property, and that you keep these receipts and
records for three years.
Q. I already have a mortgage on my business. Can the SBA refinance my
mortgage?
A. In certain cases, yes. The SBA can refinance all or part of prior
mortgages, evidenced by a recorded lien, when the applicant: 1) does not
have credit available elsewhere; 2) has suffered substantial,
uncompensated disaster damage (40 percent or more of the value of the
property); and 3) intends to repair the damage. An SBA loan officer can
provide you with more detailed information on your specific situation.
Q. Is collateral required for these loans?
A. Loans of $10,000 or less do not require collateral. Loans in excess
of $10,000 require the pledging of collateral to the extent it is
available. Normally the collateral would consist of a first or second
mortgage on the damaged business property. In addition, personal
guaranties by the principals of a business are required. The SBA will
not decline a loan for lack of collateral, but you must pledge available
collateral.
Q. When will I know if I get the loan?
A. That depends on when you file a complete SBA loan application. To
make a loan, we must estimate the cost of repairing the damage, be
satisfied that the business can repay the loan from its
operations and take reasonable safeguards to help ensure that the loan
is repaid. Since we process
applications in the order received, the faster you can return it with
all the needed information, the faster we can work on it. We try to make
a decision on each application within seven to 21 days. Be sure the
information in your application is complete; missing information is the
biggest cause of delay.
Q. How soon can I expect the money?
A. After we approve the loan, we will tell you what documents are needed
to close the loan. Once we receive these documents, we can disburse the
funds. Because our disaster loans are subsidized, the
SBA provides the money in installments, as you need it to repair or
replace the damage.
Q. Will the SBA check the losses I claim?
A. Yes. Once you have returned your loan application, an SBA loss
verifier will visit you to determine the extent of the damage and the
cost to repair or replace it.
Q. What information do I need to help me complete the loan application
form?
A. Necessary information is specified in the loan application and
includes: a) an itemized list of losses with your estimate of the repair
or replacement cost of each item; b) a copy of certain federal income
tax information (as specified on the application); c) a brief history of
the business; and d)
personal and business financial statements. A contractor's estimate for
repairing structural damage may be desirable, but you may make your own
cost estimate if you wish. Remember to sign
and date each part of the application; we cannot process it if you omit
any form that requires your signature.
Q. I had to remove debris from my property after the disaster. Can this
expense be included in my loan application?
A. Yes, but your own labor and that of family members cannot be
included. Amounts paid to others and any equipment rental can be listed
as part of repairs to real estate. Remember that the maximum loan limit
on physical damage is $1.5 million, and debris removal is included in
that limit.
Q. I am a farmer. Am I eligible to apply for SBA assistance for damage
to my farm?
A. No, not for damage to farms. However, you may apply to the SBA only
for a loan to cover the damage to your home and its contents. It may be
in your interest to seek assistance first from the U.S. Department of
Agriculture.
Q. I would like to get a contractor's estimate for the cost of repairing
damage to my business, but I'm having difficulty in finding a
contractor. Should I hold up my application until I get the estimate?
A. No. You might miss the deadline for filing your application by
waiting for a contractor's estimate. If you have a contractor's
estimate, include it; otherwise include your own. The SBA will verify
the damage estimate in your application. The sooner you file a complete
application, the faster the SBA can process it.
Q. Should I wait for my insurance settlement before I file my loan
application?
A. No. Don't miss the filing deadline by waiting for an insurance
settlement. The application should be returned to the SBA right away;
final insurance information can be added when a settlement is made. We
can approve a loan for the total replacement cost; however, you must
assign the insurance proceeds to the SBA settlement.
Q. Must I use my own money or try to borrow from a bank before I come to
the SBA?
A. No. The resources of the business and its principals will be
considered in determining the ability of the business to obtain credit
elsewhere.
Q. If my business is completely destroyed, can the SBA lend me money to
relocate my business?
A. Yes. In certain circumstances, limited relocation costs can be
included in the loan amount. Whenever relocation is involved, you should
contact the SBA disaster office before making any
commitments.
Q. Besides the damage to my property, my business suffered economically
from the disaster. Do SBA loans cover these economic losses?
A. Yes they do, but only if you and your business do not have credit
available elsewhere, and your business qualifies as small as defined by
the SBA. The same application is used together with
a supplementary form for the economic injury. The maxi- mum amount the
business and any affiliates may borrow for any one disaster is limited
to $1.5 million for both physical damage and economic injury combined.
(See SBA Publication DA-3, Economic Injury Disaster Loans for Small
Business.)
Q. Is flood insurance needed to get a loan?
A. If the business is in a special flood hazard area, or if the disaster
damage was caused by flooding, it must have flood insurance before we
can disburse a loan. If the business was legally required to maintain
flood insurance but did not, then the SBA will not make a disaster loan.
Frequently Asked Questions about Economic Injury Disaster Loans
Q. How may I use an EIDL?
A. The loan will provide you with operating funds until your business
recovers. To the extent you could have made payments had the disaster
not occurred, you may use the loan to make payments
on short-term notes, accounts payable and installment payments on
long-term notes. (See SBA publication No. DA-2, Physical Disaster
Business Loans.)
Q. How much money may I borrow?
A. You may request an EIDL for the amount of economic injury and
operating needs, but not in excess of what your business could have paid
had the disaster not occurred. In determining your eligible amount, the
SBA will look at:
* the total of your debt obligations;
* operating expenses that mature during the period affected by the
disaster, plus the amount you need to maintain a reasonable working
capital position during that period;
* and expenses you could have met and a working capital position you
could have maintained had the disaster not occurred.
The amount of your economic injury does not automatically represent the
dollar amount of your loan eligibility; the SBA will evaluate the
information you provide and determine the reasonableness of
your loan request.
Q. Must I submit a personal financial statement with my loan
application?
A. Yes. The SBA must review your financial statement and one for each
partner, officer, director and stockholder with 20 percent or more
ownership. The SBA requires the principals of the business to personally
guarantee repayment of the loan and, in some instances, to secure the
loan by pledging additional collateral.
Q. Must I sell assets that are not used in my regular business
operations before I am eligible for an EIDL?
A. The SBA will review the availability of such assets to determine if
part or all of your economic injury might be remedied by using such
assets. The business and its principal owners must use their own
resources to overcome the economic injury to the greatest extent
possible without causing undue
hardship.
Q. If I can borrow from a bank, am I still eligible for SBA assistance?
A. Private credit sources must be used as much as possible to overcome
the economic injury. The SBA can provide EIDL assistance only to the
extent the business (and its principals) cannot
recover by using its own resources and normal lending channels.
Q. What are some prohibited uses of an EIDL?
A. You may not use funds to pay cash dividends or bonuses, or for
disbursements to owners, partners, officers or stockholders not directly
related to the performance of services for the business.
The SBA will not refinance long-term debts or provide working capital
that was needed by the business prior to the disaster.
Q. Is collateral required for an EIDL?
A. Generally a business must pledge collateral to the extent available.
Occasionally, the SBA will make very small EIDLs on an unsecured basis.
The SBA will not decline an EIDL request solely
because available collateral will not adequately secure the loan, and a
business will not be required to pledge more collateral than is
necessary. The SBA may decline a loan if a business has
collateral available but refuses to pledge it.
Q. How long will I have to pay off the SBA loan?
A. The SBA will assess your financial situation and will set loan terms
based on your needs and repayment ability. The maximum maturity for
disaster loans is 30 years.
Q. What kind of documentation should I use to show my losses?
A. In order for the SBA to compare your financial condition and
operating results preceding the disaster with those during and since the
disaster period, you must furnish balance sheets and
operating statements for similar periods of time. The specific
requirements are contained in the EIDL application form.
Q. If I receive an EIDL, may I spend the loan money any way I want?
A. No. An EIDL is intended to help you maintain a secure financial
condition until your business is back to normal. Your loan will be made
for specific and designated purposes. Remember that the
penalty for misusing disaster funds is immediate repayment of one-
and-a-half times the original amount of the loan. The SBA requires that
you keep receipts and good records of all loan expenditures for three
years following receipt of your SBA loan.
Q. May I expand my business facilities or purchase a new line of
inventory with an EIDL?
A. No.
Q. If I show the SBA that I am not making a profit, is that enough to
qualify me for an EIDL?
A. No. Neither lack of profit or loss of anticipated sales alone is
sufficient to establish substantial economic injury. Substantial
economic injury occurs only when you cannot meet current obligations
because of the disaster. Indicators of economic injury might be a larger
than normal volume of
receivables, a lower sales volume, slow inventory turnover, and the
development of delinquencies in trade payables, current accruals and
debt payments.
Q. Are religious and nonprofit organizations eligible for an EIDL?
A. No. Only profit-oriented operating small businesses and small
agricultural cooperatives may apply.
Q. How soon will I know if I get the loan?
A. That depends on how soon you file a complete SBA loan application. We
must calculate the amount of economic injury and the working capital and
other needs of your business. We must be satisfied that you can repay
the loan out of business operations, and we must take reasonable
safeguards to help ensure the loan is repaid. The SBA loan application
asks for the information we need. Since we process applications in the
order received, the faster you can return it with all the needed
information, the faster we can work on it. We try to make a decision on
each application within 21 days. Be sure the information in your
application is complete; missing information is the biggest cause of
delay.
Q. How soon can I expect the money?
A. Loans greater than $5,000 have to be secured. After we approve a
request, we will tell you what documents are needed to close the loan.
When we receive these documents, we can order the checks. You will
receive the money in installments, as it is needed.
Q. Is flood insurance needed to get a loan?
A. If the business is in a special flood hazard area, it must have flood
insurance before we can disburse a loan. If the business was legally
required to maintain flood insurance but did not, a disaster loan will
not be made.
Frequently Asked Questions about Military Reservist Economic Injury
Disaster Loans
Q. I've heard that SBA loan applications are complicated and hard to
complete. Is this true?
No. The application form asks you for the same information about the
business and its substantial owners and managers that generally is
required for a bank loan. If you need help, SBA personnel will
explain the forms and give you assistance at no charge. You may use the
services of accountants, attorneys, or other representatives if you
wish, but be sure they are reliable and that their fees are
reasonable. You must report the use of a representative and the fees
charged on your loan application.
Q. Must I use my own money or try to borrow from a bank before I come
to SBA?
No. The resources of the business and its principals will be considered
in determining the ability of the business to recover without the
assistance of the Federal government.
Q. When should I apply for the loan?
As the program applies to military conflicts occurring or ending on or
after March 24, 1999, small businesses that meet all the other
eligibility requirements have until November 24, 2001 to apply.
Otherwise, the filing period begins on the date the essential employee
is ordered to active duty and ends 90 days after the date the essential
employee is discharged or released from active duty.
Q. What documentation do I need to give SBA to apply for this type of
loan?
The filing requirements are listed at the beginning of the application
(SBA Form 5R). In addition to the financial information required you
would normally submit for any loan, your application package must also
include the following:
- a copy of the essential employee's "orders" for active duty or copy of
their discharge or release papers from active duty status
- a statement from the small business owner that the reservist is
essential to the day-to-day operations of the business along with a
written concurrence by the essential employee
- a written explanation and estimate of how the essential employee's
activation to military service has or will result in the small business
experiencing substantial economic injury
- a description of the steps the business is taking to alleviate the
substantial economic injury
- a certification from the small business owner that the essential
employee will be offered the same job or similar job upon the employee's
return from active duty
Q. What is an essential employee?
An essential employee is an individual (whether or not an owner of the
small business) whose managerial or technical expertise is critical to
the successful day-to-day operations of the small business.
Q. What is meant by a "period of military conflict"?
Period of military conflict means (1) a period of war declared by
Congress, or (2) a period of national emergency declared by the Congress
or the President, or (3) a period of contingency operation.
A contingency operation is designated by the Secretary of Defense as an
operation in which our military may become involved in military action,
operations, or hostilities (e.g., peace keeping operations).
Q. What does "substantial economic injury" mean?
Substantial economic injury means that your business either has been or
will be adversely impacted by the deployment of the military reservist
and that the business is (1) unable to meet its financial
obligations as they mature, and/or (2) unable to pay its ordinary and
necessary operating expenses, and/or (3) the small business is unable to
market, produce or provide a service ordinarily marketed,
produced or provided.
Q. When will I know if I get the loan?
That depends on when you file a complete SBA loan application. To make a
loan, we must be satisfied that the business can repay the loan from its
operations and take reasonable safeguards to help ensure the loan is
repaid. Since we process applications in the order received, the faster
you return the application with all the needed information, the faster
we can work on it. We try to make decisions on each application within 7
to 21 days. Be sure the information in your application is complete;
missing information is the biggest cause of delay.
Q. How soon can I expect my money?
After we approve the loan, we will tell you what documents are needed to
close the loan. Once we receive these documents, we can disburse the
funds. Because the MREIDL funds are subsidized by the taxpayer, the SBA
provides the money in quarterly installments unless otherwise specified
in your loan documents.
To obtain a Military Reservist Economic Injury Loan Application please
contact the Disaster Area Office that serves your state or territory.
Rev. 02/02
Last Updated: 04/03
|
|
As always, please check with your tax professional,
CPA or lawyer
prior to acting on any advice found here. We do NOT dispense advice on
any articles contained here.
Legal Disclaimer
© Copyright 2003-2008 Please do not reproduce or copy without written permission.
SelfEmployedWeb. All Rights Reserved |
|
|
|