Linda Loughridge, Fiscal Officer for the Meramec Regional Planning Commission, provided a presentation on administering collections policies for small business lending programs during the conference Create, Challenge, Change: Economic Development Conference for the Denver Region in August 2016. This presentation occurred during the session "Developing Collections Policies that Work."
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Meramec Regional Planning Commission & Meramec Regional Development Corporation
1. Your local small
business financing
resource for rural
Missouri
Meramec
Regional
Planning
Commission
&
Meramec Regional
Development
Corporation—not for
profit lending arm
2. Introduction:
Formed as a 501(c)3 in 1994
SBA authorized CDC
25 Member Board
Operate the following loan programs:
SBA 504 & 7(a) packaging
EDA RLF
USDA IRP
Microenterprise
Grow Missouri
USDA B&I packaging
7. Loans in
Default:
Assess & collect collateral
Negotiate for sales proceeds
Negotiate for better collateral position
Address bankruptcy filing
Allowance for doubtful collections
8. Lessons
Learned:
Perform upfront due diligence
Loan classification rating
Regularly assess the loan risk
Monitor changes in future repayment ability
Early detection of problems
Loss provision
9. Lessons Learned
continued:
Loan Autopsy—post mortem review
Evaluate loan within 90 days of write-off
Identify signals for future loss prevention:
Incomplete or late financials, tax returns, etc.
Economic conditions—borrower & local market
Poor/Low credit scores & negative info reported
10. Lessons Learned continued:
Identify signals for future loss prevention (cont.)
Taxes not paid
Exceptions to credit policy
Collateral perfection
Accounts Receivable/Inventory
Bank /Loan Documentation
Past dues
Overdrafts
Appraisal reviews
Environmental Issues
11. Obstacles &
Challenges:
Partnering bank non-responsive
Borrowers non-responsive
Poor communication
Unable to workout options for recovery
No indication borrower is in trouble
Bankruptcy—an easy out
Borrowers lack of financial management skills
Lack of financial analysis
12. Plan for Success:
Foster relationship with bank & borrower
Get involved early and
stay involved
Put in place a risk rating
system
Retain a qualified attorney
13. Plan for Success Continued:
Open communication
Try to be helpful
Early detection of problems
Financial analysis
Restitution options
15. Questions?
Meramec Regional Planning Commission
Linda Loughridge, Fiscal Officer
#4 Industrial Drive, St. James, MO 65559
PHONE: (573) 265-2993 extension 106
EMAIL: LLoughridge@MeramecRegion.org
VISIT US ON FACEBOOK:
https://www.facebook.com/meramecregion
Thank you!
Editor's Notes
MRDC was created to encourage growth of local economies by partnering with area lenders to provide innovative financing utilizing the various small business loan programs offered to the region.
The various types of loan programs include:
SBA 504
RLF
IRP
Microenterprise
Grow MO
SBA 7(a) loan packaging services
USDA Business & Industry loan packaging services
Formed as a 501(c)3 in April 1994 and became an SBA Certified Development Company following formation.
25 member board of directors—3 members per each of the 8 RPC county and 1 MRPC at-large member.
MRDC was created to encourage growth of local economies by partnering with area lenders to provide innovative financing utilizing the various small business loan programs offered to the region.
The various types of loan programs include:
SBA 504
RLF
IRP
Microenterprise
Grow MO
SBA 7(a) loan packaging services
USDA Business & Industry loan packaging services
Formed as a 501(c)3 in April 1994 and became an SBA Certified Development Company following formation.
25 member board of directors—3 members per each of the 8 RPC county and 1 MRPC at-large member.
A borrower who is delinquent or is showing a pattern of late payments is contacted by a written notice after 10 days and by phone 30 days after the payment due date.
The participating bank is also contacted to determine if there are any known problems or reasons for the delinquencies.
Staff will determine if it is necessary to conduct a site visit to the business and inspect the collateral, request the borrower to submit additional statements or speak to the board concerning the delinquency.
Staff will continue to monitor as necessary.
It will be at the board’s discretion to approve when late fees should be assessed. Typically waived for the first 30 days and depending on the situation may be waived altogether. Late fees will be assessed and applied to a delinquent loan after 30 business days past the due date with a minimum charge of $25 and a maximum charge of 5% of the loan payment amount, whichever is greater. The loan officer may grant a waive of the first assessed late payment fee. However, if there are additional delinquent activities by the borrower, the borrower must submit in writing or present to the MRDC board a request for an exemption of late payment fees.
MRPC’s retained attorney will be contacted to send a demand letter to the customer after 90 days.
If borrower does not respond by the date to arrange for payment or discuss other options, the attorney will be contacted to start the garnishment of wages process.
Only start up projects may be granted up to one year deferment of principle. Three or six month deferment options may be recommended to assist in the business’ cash flow. All deferments must be approved by the board.
All reasonable collection costs will be added to the total principal owed.
The key is to have a good working relationship with the participating bank and act fast. Hopefully, you have done everything within your power to secure adequate collateral—even personal residence if necessary.
Be familiar with the project…did the participating bank have a guarantee from SBA 7(a)? If so, don’t be afraid to negotiate for a greater portion of the proceeds from the sale of the assets.
If the proceeds from the sale of assets decreases the participating bank’s funded portion of the project, negotiate a better collateral position.
Engage your retained attorney early in the process of delinquent and/or defaulted loans. Timeliness of sending the demand letter, filing a petition for wage garnishment or filing a bankruptcy proof of claim can make a difference in recovery of assets and restitution.
When all resources have been exhausted, account for the loan write off. Allowance for doubtful collections will be made for those accounts where payment is not expected to be received after reasonable pursuit of collections has been attempted.
This doesn’t mean you have to give official debt forgiveness. Maintain records of all unpaid/written off loan receivables and should the customer request service in the future all unpaid debt will be required upfront or if take advantage of any opportunity to collect through a future wage garnishment should the borrower obtain gainful employment.
Create a loan classification system. For example, Risk rating 1 to 5 where 1-2 is no adverse classification 1-pass no indication of deficiencies, 2-special mention or put on a “watch list” (current financial condition, while functionally adequate, may be deficient in a number of categories exclusive to cash flow to secure debt), 3-5 is adversely classified 3-substandard, 4-doubtful, 5-loss
Monitor the changes closely, engage your board members, partnering banks, borrowers, etc. to assess and work on turning the ship around. This may require working one on one with borrower to determine what is causing the cash flow issues—need to increase price in product or service?, etc.
Post mortem review will provide an opportunity for hindsight analysis by dissecting each problem loan that ends negatively typically write-off.
Post mortem review will provide an opportunity for hindsight analysis by dissecting each problem loan that ends negatively typically write-off.