§ 123.11. Does SBA require collateral for any of its disaster loans?
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/us/cfr/t13/s§ 123.11·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)When collateral is not required:
(1)Economic injury disaster loans. SBA generally will not require the borrower to pledge collateral to secure an economic injury disaster loan of \$50,000 or less.
(2)Physical disaster home and physical disaster business loans.
(i)For Major Disasters declared under § 123.3(a)(1) or (2), SBA generally will not require the borrower to pledge collateral to secure a physical disaster home or physical disaster business loan of \$50,000 or less.
(ii)For SBA-declared disasters under § 123.3(a)(3) or (6), SBA generally will not require the borrower to pledge collateral to secure a physical disaster home or physical disaster business loan of \$14,000 or less.
(3)IDAP loans. Collateral requirements for IDAP loans are set forth in Subpart H of this part.
(4)Military Reservist EIDL. For the purposes of the Military Reservist EIDL only, as described in section 123.513, SBA will not generally require that you pledge collateral to secure a loan of \$50,000 or less.
(b)For loans larger than the amounts outlined in paragraph
(a)of this section, you will be required to provide available collateral, as determined by SBA, such as a lien on the damaged or replacement property and/or a security interest in business assets.
(c)Sometimes a borrower, including affiliates as defined in part 121 of this title, will have more than one loan after a single disaster. In deciding whether collateral is required, SBA will add up all physical disaster loans to see if they exceed the applicable unsecured threshold outlined in paragraph (a)(2) of this section and all economic injury disaster loans to see if they exceed \$50,000.
(d)SBA will not decline a loan if you lack a particular amount of collateral as long as it is reasonably sure that you can repay your loan. If you refuse to pledge available collateral when requested by SBA, however, SBA may decline or cancel your loan. \[61 FR 3304, Jan. 31, 1996, as amended at 73 FR 54675, Sept. 23, 2008; 75 FR 14332, Mar. 25, 2010; 75 FR 60598, Oct. 1, 2010; 79 FR 22862, Apr. 25, 2014; 81 FR 67903, Oct. 3, 2016; 88 FR 39340, June 16, 2023; 89 FR 59831, July 24, 2024\]
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§ 123.11
Does SBA require collateral for any of its disaster loans?
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