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What Should I Put In My SBA Offer In Compromise Paperwork?
by DLA, Performer
- Created: October 7, 2012, 9:42 am
One of the most common questions I get from clients is "why should I pay you
to fill out some forms when I can do that myself for free?" I'll admit, when
I was working as a workout officer for a bank, the same thought crossed my
mind when borrowers were using workout consultants. But now, after years of
working for myself, and after putting together countless SBA Offer In
Compromise packages, I can say with certainty that I do add lots of value to
the process, which certainly includes the preparation of paperwork, but also
includes a methodical thought process that allows my clients to make offers
that have a great chance of being approved.
It's important to keep in mind that when it comes to completing the required
forms, it's not enough to simply complete them. They need to be completed in
a way that fully supports your argument. Just to be clear, I am NOT saying
that you should change the facts to support your argument. What I am saying
is that the facts need to be presented in the right light in order to make it
easy for decision makers to see why your offer is better than any other
alternatives. Whenever a client attempts the SBA OIC paperwork on their own,
very rarely do I see it prepared in the fashion that I'd recommend.
In general, when clients attempt to complete the paperwork themselves, I get
one of two variations:
1) The Half-Hearted Attempt - When asked to fill out paperwork, some people
approach it with the attitude that the forms don't really matter, and that
filling out the paperwork is a nuisance. Given all the money at stake, it's
unclear to me why someone would take this approach, yet it still happens.
They do things like "guesstimate" account balances, and leave whole sections
blank. When it comes to explaining what they are offering, why they need to
settle, and why their offer is worth considering, they make blanket
statements such as "I'm broke" or "I don't make much money". When you make
such a weak effort, it's apparent to your banker and the SBA when you aren't
making a serious attempt at stating your case for a settlement. As a result,
they won't take the offer seriously. Also, when you "guesstimate" figures,
it's fairly obvious that the figures you are presenting are not accurate.
2) Quantity, Not Quality Info - Many borrowers have the sincere desire to be
thorough on the OIC paperwork, but they end up doing what I refer to as
"brain dump". Not knowing exactly what the focus of the OIC argument should
be, the client writes a short novel about their situation. The problem with
that is your banker doesn't have the time or inclination to read a short
novel. With 100 other files to deal with, bankers want a clear and concise
explanation that tells them everything they need to know in order to make a
decision without the extra fluff. Writing a lengthy narrative can result in
important facts getting buried beneath reams of irrelevant ramblings.
In summary, the benefit of working with a SBA workout expert is that an
expert can ensure that your OIC paperwork is thorough, concise, and
comprehensive. They will include all the facts you need, and leave out the
miscellaneous info that will only serve to water down the important facts. I
always tell clients that preparing an OIC is not unlike renovating your
kitchen. Sure, you could do it yourself, but if you hire an expert it's
likely that the final product will be of higher quality, and the likelihood
of a catastrophic mistake will be greatly reduced.
SBA Community

PeterSecondWind | Window Shopper | 10/9/2012 - 5:43 pm
the SBA settlement profession and I hear this question all the time. I think
it would be better to answer by sharing a personal story of mine.
I have two close friends that just got married to foreign women. One friend
decided that he was going to complete the complex US visa application process
on his own. After all, how hard can it be? You fill out a few government
forms and that's it. The other friend decided to hire an immigration attorney
who took him through the entire process. Both had true authentic marriages
and both realized that the acceptance rate is very high for these cases.
So why pay the immigration attorney? Well, the friend who did it on his own
had many problems along the way. There were numerous requests for follow up
paperwork that took additional time and caused delay. There were instructions
given to the applicant that were not entirely clear. In the end my one friend
spent countless hours stressing and completing online research to figure out
how to navigate through the process. The other friend had it all covered for
him by the attorney and he reached his goals quickly and with little cost.
Both got there in the end, but there was a clear difference in how they
arrived at their destinations.
Likewise with the SBA offer in compromise process it makes sense to have an
expert working for you. Whether you are dealing with a big government
organization like the SBA or with US Immigration, both have strict policies
and guidelines that need to be understood and followed. You could attempt
this on your own but you will encounter problems along the way and have no
idea how to navigate through them. You will add unnecessary stress and time
to the process which is already difficult enough for you. Why not pay the
small amount of money to hire someone to get it done right for you?
As said by the other experts here, a simple mistake could cost you many
thousands of dollars. At the very least talk to an expert before you decide
to go through this process on your own.
John@RDCessna | Window Shopper | 10/8/2012 - 4:48 pm
SCORE volunteer. In my role at SCORE, I would be precluded in completing this
paperwork for the borrower and, even if I could, I am quite confident that
very few, if any, of the other SCORE volunteers would have the specific
expertise to do this job adequately. It is one of those cases of "you don't
know what you don't know". Especially today, when so many loans are troubled,
if you don't very succinctly put forth the best possible case in the shortest
number of words, your offer will be rejected. It is far easier for the SBA
personnel to reject your offer and let the file move on to the Treasury
Department. Treasury has the collection responsibility for defaulted SBA
loans and has the relationships with private collection agencies who will
doggedly pursue these cases. It is not that the SBA doesn't want to settle
these case. Quite the contrary, they do. We will settle between forty and
sixty of these cases this year. It is just that you have to make the job easy
for the SBA. They are overwhelmed with cases and need to move on them or pass
them on.
Sadly, there is an art to this work. The case needs to be made in the best
light of the borrower and the file needs to be complete. And, with the
recently enacted tab system, the file needs to be organized in a very
specific manner. It would be like trying to do an Offer In Compromise with
the IRS. Sure, anyone is entitled to submit one, but who wants to risk doing
it wrong.
I work with one of a very small group of companies dedicated exclusively to
doing this work. I can tell you from looking at the files that we get from
clients prepared by others and rejected by the SBA, it really pays to invest
a small amount of money to get the best possible result. With the typical
case we take being between $100,000 and several million dollars, our small
fee pails by comparison to the amount that we can save our clients....
cashloans | Window Shopper | 10/7/2012 - 6:58 pm
money you charge - plus, they would probably get the paperwork right the
first time. Or, why can't they use free services like the SBA itself or Small
Business Development Centers or even SCORE - all of who will do what you do
and do it for free with insider knowledge. Not sure what you are trying to
sell here.
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