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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 13 - Business Credit and Assistance |
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Chapter I - Small Business Administration |
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Part 120 - Business Loans |
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Subpart J - Establishment of SBA Secondary Market Guarantee Program for First Lien Position 504 Loan Pools |
§ 120.1719 - SBA's right to recover from Seller.
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§ 120.1719 SBA's right to recover from Seller.
SBA is entitled to recover from Seller any monies paid on SBA's guarantee of a Pool Certificate backed in part by Seller's Pool Loan, plus interest, if SBA in its sole discretion determines that any of the following events has occurred:
(a) Seller's improper action or inaction has put SBA at risk;
(b) Seller has failed to disclose a material fact to SBA regarding a Seller's Pool Loan in a timely manner;
(c) Seller has misrepresented a material fact to SBA regarding Seller's Pool Loan;
(d) Seller has failed to comply materially with § 120.1720 of this subpart;
(e) SBA has received a written request from Seller to terminate the SBA's guarantee on the Loan Interest in Seller's Pool Loan;
(f) Seller has failed to comply materially with Program Rules and Regulations; or
(g) Seller has failed to make, close, service or liquidate Seller's Pool Loan in a prudent manner.