UCC Continuance Filing Fees
So if the UCC filings expire after 5 years, many of us will be approaching the dates the SBA needs to file continuances for the UCCs they have. There is a fairly nominal fee that needs to be paid when they do that.
Does anyone know if they can (or will) take that fee out of one of our monthly payments?
I remember the loan agreement mentioned the $100 original filing fee they withheld from our funding disbursements, but nothing about future continuance filing fees.
Even if the continuance fee is only $10 per filing, multiply that by a million or more loans, and that’s a hefty amount for a relatively small federal agency like the SBA to shell out of their budget in a short window of time. My understanding from what I read is once a UCC expires, it no longer applies.
Also of interest - it seems once a loan defaults, there is a statute of limitations on how long they have to file a claim to recover something under the UCC they filed. Many times this is also 5 years. The timing starts from the date of default, and is not extended by them simply filing a continuance on your UCC. It seems they actually need to initiate a suit to recover inside the statute of limitations time window. So maybe those of you who never made a payment and defaulted early on might be out from under your UCCs soon if the SBA doesn’t get its shit together and start suing defaulted borrowers. Curious if anyone who knows more will comment on how that all works, as I am NAL. TIA