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SBA Environmental Policy in SOP 50 57 – Loan Liquidation

Entry by JoeDerhake

Entry

 

The SBA recently updated their SOP 50 57 Loan Liquidation and the updated policy takes effect March 1, 2013.    All good environmental professionals must keep up on little changes in our practice of Phase I Environmental Site Assessments whether the changes are driven by ASTM, SBA, or another lender standard.    The EBA Technical and Risk Management Committees did a call last week on this subject – thank you to Holly Neber for an excellent presentation.   

 

My partner, Gary Reynolds, also wrote a blog on this subject for the Coleman Report (probably the best publication for all things to do with SBA real estate lending).   Gary drew attention to the changes to how we will evaluate and value environmental liabilities in non-performing loans.   Putting a number on an environmental problem is a always a challenge as often the precise extent of the release is not known and the regulator has not fully defined what needs to be done to achieve closure.  

Gary says: “SOP 50 57 steers the lender through reasoning to insure that the lender and the SBA are not stepping into a role of liability for contamination or the costs of remediation as well as making sure the lender isn’t selling off a property for substantially less than it’s appraised value based on unsubstantiated allegations of contamination.”

Click here, for Gary Reynolds’s full article on SOP 50 57 Loan Liquidation – What SBA Lenders and CDCs Should Know.

Keywords

SBA SOP 50 57, SBA Loan Liquidation, SBA Environmental Policy, 50 57 Environmental

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Avatar of Joe Derhake, PE
Education: MBA, University of Southern California BS, Civil Engineering, Michigan State University Registrations: Registered Professional Civil Engineer, California Registered Professional Civil Engineer, Arizona Registered Professional Civil Engineer, Tennessee EPA Accredited Asbestos Inspector, Management Planner Designer (not current) Affiliations: Member, Enviornmental Banker's Association Member, Mortgage Banker's Association Mr. Derhake serves as the President of Partner Engineering and Science, a national engineering and enviornmental consulting firm. He has over 10,000 real estate transactions throughout his career. His due diligence resume includes experience at all levels, including advising lenders and real estate investors through the following product types: Phase I Enviornmental Site Assessments, Phase II Subsurface Investigations, Phase III Site Characterizations, Remedial Cost Estimates, and Enviornmental Transaction Screens. Mr. Derhake has a significant portfolio of closed sites and speaks regularly at industry events and conferences.

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