LOANOLOGY
Business Loan Liens
Liens give lenders a legal claim on your assets, ensuring they’re protected in case of default. Here’s what you need to know.
What Is a UCC Lien?
A Uniform Commercial Code (UCC) lien is a legal document filed with your state, granting the lender a security interest in your business assets, like equipment or inventory.
UCC-1 Blanket Lien: Covers all current and future business assets, common for SBA loans, such as a $500,000 7(a) loan for your operation.
Lien Position: Lenders prefer first lien position to have priority over other creditors. If you have an existing loan, a new lender may refinance it to take first position, rolling the old debt into the new loan.
Collateral Requirements
Key SBA Collateral Rules
No Denial for Inadequate Collateral: An SBA loan, like a $1 million 7(a) for your business, won’t be declined solely for insufficient collateral. Lenders use the SBA guarantee (50–85%) for businesses with strong cash flow but limited assets.
Collateral Flexibility: The SBA doesn’t mandate specific collateral but requires available assets to be pledged. Lenders have discretion, balancing risk for your operation.
Collateral Shortfall: If business assets fall short, lenders must take available equity in personal real estate (25%+ equity) from owners or guarantors with 20%+ ownership, up to the shortfall amount. Liens may be limited to 150% of equity if state tax implications apply.
First Security Interest: For Standard 7(a) loans funding asset acquisition, refinancing, or improvement, lenders must take a first lien on those assets, like real estate or equipment. Appraisals complying with SBA standards are required for commercial real estate.
Fully Secured Loans: A Standard 7(a) loan is “fully secured” when:
All assets acquired, refinanced, or improved with the loan (e.g., equipment or real estate) are liened.
Fixed assets (real estate, machinery, equipment) match the loan amount, valued as:
New Machinery/Equipment: 75% of purchase price (excluding furniture/fixtures).
Used Machinery/Equipment: 50% of Net Book Value or 80% with an Orderly Liquidation Appraisal, minus prior liens.
Improved Real Estate: 85% of market value.
Unimproved Real Estate: 50% of market value.
Furniture/Fixtures: 10% of Net Book Value or appraised value.
Special Considerations
Debt Refinancing: If refinancing existing debt, the new SBA loan must maintain the same collateral and lien priority as the original debt. Excess collateral may be released if the loan remains fully secured, or substitute collateral of comparable value can be used with lender approval.
Rural Businesses: Lower rural property values may require additional business assets or a HELOC to meet collateral needs for a small-town operation.
Multi-Unit Expansions: Multiple locations increase loan sizes, often requiring real estate collateral for loans over $350,000.
LoanBox Tip: Our vendor portal connects you with SBA-compliant appraisers to streamline collateral valuation, saving time and costs.
Personal Property Collateral
Personal assets, like your home, may be required as collateral under specific conditions. Here’s what to know:
When personal collateral is required
Equity Threshold: For Standard 7(a) loans over $350,000, if you (or guarantors with 20%+ ownership) have 25%+ equity in personal real estate (residential or investment), it must be pledged as collateral, up to the loan amount.
No Equity Requirement: The SBA doesn’t require home equity to qualify, but available equity must be used if it meets the 25% threshold.
HELOC Strategy: Obtaining a HELOC before applying can reduce home equity below 25%, avoiding a junior lien from the SBA lender. The SBA lender would take third lien position (behind the mortgage and HELOC), often making the property ineligible as collateral.
LoanBox Tip: We guide you on HELOC timing to protect your home while meeting SBA requirements.
What About HELOCS?
Any amount taken out in a Home Equity Line Of Credit is deducted from the 25% equity rule. If the property with a HELOC is being collateralized, then the SBA lender would be in third lien position, with the mortgage in first, and the HELOC in second.
Can I use securities instead of property?
Securities as Collateral: Whole Life Cash Value or Marketable Securities can replace real estate only if they fully secure the loan amount, like $500,000 for your business. Partial coverage isn’t allowed.
Transferred Assets: Real estate transferred to a spouse or minor children within six months of the application is still considered available collateral.
LoanBox Tip: Our advisors explore alternative collateral options to minimize personal asset exposure.
Impacts of Personal Property Liens
Future HELOCs: With an SBA lien, you can’t get a new HELOC, but existing HELOCs can stay in place. Refinancing a collateralized home is allowed, but no cash-out refinances are permitted.
Selling Collateralized Property: If you sell a liened property, notify the lender. The mortgage is paid off, your equity is held in escrow, and the lien is released. The equity must be applied to a new property (with a new lien) or the SBA loan balance.
LoanBox Tip: We streamline lien management, ensuring smooth transitions if you sell collateralized assets.
Key Takeaways
UCC liens secure business assets; lenders prioritize first lien position.
SBA loans won’t be denied for inadequate collateral, but available assets must be pledged.
Personal real estate (25%+ equity) is required for loans over $350,000; HELOCs can avoid liens.
New 2025 rules enforce real estate appraisals, life insurance, and lien priority.
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