Guide · informational

SBA collateral rules and personal guarantees

A collateral shortfall will not sink an otherwise good loan. But the lender has to take what is takeable, and that usually reaches the equity in your house.

Drafted with AI assistance. Not yet independently checked. Nobody has verified the claims on this page against a source, so treat the figures and legal points as a starting point rather than as settled, and confirm anything you are about to act on. How we check things.

Two rules run in parallel on every 7(a) loan, and borrowers routinely confuse them.

The first: the SBA will not let a lender decline an otherwise creditworthy loan solely because the collateral does not cover it. The second: the lender must still take all the collateral that is reasonably available, up to the loan amount.

Put together, they mean you can be approved with a shortfall and still end up pledging everything you own that is worth pledging.

What the lender takes, in order

Business assets first.A blanket lien on the business — equipment, inventory, receivables, general intangibles — perfected by a UCC filing. Expect this on essentially every loan.
Specific assets being financed.A mortgage on real estate purchased with the loan; a lien on equipment purchased with the loan.
Personal real estate, if there is a shortfall.This is the part people do not see coming. When business assets do not cover the loan, SBA rules direct the lender to take a lien on personal real estate — usually your home — where the available equity is meaningful. There is a threshold below which equity is not considered worth taking, and the current test is in the SOP.
Other available assets.Investment property, other business interests, in some cases assets of the seller in an acquisition.

Trading assets are not valued at what they cost you. Lenders apply discounted values reflecting what the asset would fetch in a liquidation, using percentages the SBA prescribes. That is why a business with a lot of equipment on the books can still show a shortfall.

The small-loan exception

Below a defined loan size, the SBA generally permits a lender to follow the collateral policy it uses for its own non-SBA loans of the same size. In practice, small loans can be approved with a lien on business assets and no home lien. The size cutoff is set by the SBA and changes; ask the lender where the line currently sits and whether your request is under it.

Personal guarantees

Every owner at or above a set ownership threshold must personally guarantee the loan, without limit and without conditions.

Illustrative only — the threshold has for many years been quoted as a twenty percent stake. Confirm the current figure with the lender before assuming a smaller holder is outside it, because it is set in the SOP and can move.

Points that matter more than the percentage:

The guarantee is unlimited.It is not capped at your ownership share. Two owners at half each are both on the hook for the whole balance, and the lender can pursue either one for all of it.
It survives the business.Closing the company does not close the guarantee. Collection on a personal guarantee routinely continues years after the doors shut.
A guarantee is not collateral, and vice versa.You can guarantee the loan and separately pledge your home. Being asked for both is normal.
Spouses get pulled in two ways.If combined ownership by a married couple crosses the threshold, both are typically required to guarantee. Separately, if jointly-owned property is taken as collateral, the non-owner spouse signs the mortgage or the pledge to make the lien effective. What a lender may not do is require a spouse's guarantee purely because you are married when you qualify on your own. The rule sits in the Equal Credit Opportunity Act and Regulation B — see consumerfinance.gov. If you are being asked for a spousal signature and cannot get a clear explanation, ask which of these applies.

How the equity in the house gets measured

Not at market value, and not at your estimate.

Illustrative only — a home worth 500,000 with a 340,000 first mortgage. If the lender applies a discount of 85% to the value, it counts 425,000, subtracts the mortgage, and records 85,000 of available equity. At 80% it counts 400,000 and records 60,000. The gap between those two conventions is the difference between a lien that gets taken and one that may not.

The discount percentage and the threshold below which equity is treated as not worth taking are set by the SBA rather than by the loan officer, and both are in the current SOP. Ask the lender three questions in writing at term sheet stage: what value are you using and from what source, what discount are you applying to it, and what is the threshold below which you will not take the lien. The answers are arithmetic, not judgement, and they decide whether your house is in the deal.

What is negotiable and what is not

Not negotiable: the guarantee itself, the blanket lien on business assets, and the rule that available collateral gets taken.

Sometimes negotiable: whether a particular parcel of personal real estate is pledged when there is other collateral available; the order in which assets are pursued; release provisions as the balance amortizes; and whether a limited guarantee is acceptable from a minority holder who is not part of management. Ask the questions in writing early. Asking at closing gets you a shrug and a deadline.

Life insurance and insurance generally

Where the business depends on one person, expect a requirement for life insurance collaterally assigned to the lender. Expect hazard insurance on collateral with the lender named as loss payee, and flood insurance where the property requires it. These are conditions of closing and they have their own lead times — a life policy has to be underwritten, which can take longer than everything else on your closing checklist.

How to think about it

The collateral rules are not there to punish you. They exist because the SBA checks, when a loan defaults, whether the lender took what was available. A lender that skipped a lien on your rental property to be nice can have its guarantee reduced for it. That is why the answer to "can you leave my house out of it" is so often no, even from a lender that likes you.

What you can control is knowing the full picture before you sign. Ask for the collateral schedule and the list of closing conditions in writing at term sheet stage, not at closing. Then decide whether the loan is worth the lien — which is a real question, and for some borrowers the honest answer is no.

Where this applies

Related questions

What does this guide cover?

A collateral shortfall will not sink an otherwise good loan. But the lender has to take what is takeable, and that usually reaches the equity in your house.

Which funding products does this apply to?

Term Loan, SBA Loan, Asset-Based Lending. Each has its own page listing the funders in this directory that offer it and what each one publishes about its terms.

Are the figures here quotes?

No. Every worked example is labelled illustrative and exists to show the arithmetic. What a particular lender charges is on that lender's page, where it publishes it at all.

Who writes this?

The Find Me Funders research desk. Some drafting is AI-assisted, and every page that is says so at the top, including whether a person has checked its claims yet.

How do I know a figure here is right?

Where a page carries the green notice, its claims were checked against the sources listed at the end and a reviewer is named. Where it carries the amber one, nobody has verified it yet and you should confirm anything you plan to act on.

Are the examples real deals?

No. Every worked example is labelled illustrative and exists to show the arithmetic. What any particular lender charges is on that lender's page, where it publishes it.

Why do you never say what a typical rate is?

Because we cannot source it. A market average assembled from lenders who do not publish prices is a guess with a decimal point on it. Where a lender publishes a figure, we show that figure and say where it came from.

Is this financial or legal advice?

No. It is general information about how these products work. Outcomes depend on your contract and your state, and a lawyer or accountant licensed where you are is the person to ask about your situation.

Can I reuse this content?

Quote a paragraph with a link back. Do not republish whole articles.

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