Financing / Guide

SBA loan personal guarantee and collateral: who signs, what is pledged, what happens in a default

An SBA loan is guaranteed twice: by the government to the lender, and by the owners to the lender. Here is what the second guarantee covers, when a home has to be pledged, what the loan records show, and what SBA's rules say happens if the loan is not repaid.

Two things stand behind an SBA 7(a) loan besides the business itself: the personal guarantee of the people who own it, and collateral. The first applies to every loan. Whether the second is required depends on the size of the loan.

SBA's lending manual says who has to sign and what a lender must take. A second manual, for loans that have gone wrong, says what a lender may and must do to collect. This guide reads both. It then looks at SBA's loan records: how many loans carry collateral at each size, and how much of a failed loan was written off with and without it.

To check your own ownership and your own home against the rules, use the guarantee checker.

Who has to guarantee the loan

Who guarantees a 7(a) loan: SOP 50 10 8.1, Section A, Chapter 5
WhoWhat SBA requires
A person who owns 20% or more, directly or through another companyAn unlimited personal guarantee of the whole loan
A company that owns 20% or moreAn unlimited guarantee from the company. The people behind it are counted by their indirect share.
Spouses who each own less than 20% but, with their minor children, own 20% or more togetherEach spouse who owns a share guarantees the loan in full
A spouse who owns none of the businessSigns the collateral documents for property held jointly. That guarantee is limited to the spouse's interest in the collateral.
Trusts that together own 20% or moreEach trust guarantees, and the trustor guarantees personally as well
Someone who owned 20% or more six months before the application and has since cut the stakeStill guarantees, unless the person left the business altogether before applying, as owner and as employee
No one owns 20%At least one owner must give a full unconditional guarantee
Anyone else the lender considers essential, such as a key manager with no sharesThe lender may ask for a full or limited guarantee

The line is 20%. Every person who owns that much of the business gives an unlimited personal guarantee, and so does every company that owns that much. If nobody reaches 20%, at least one owner still has to give one. The manual says every loan must be guaranteed by at least one person or entity.

Unlimited means the whole loan. It is not scaled to the stake. SBA's manual for troubled loans says each guarantor is liable for the full debt, that a lender may ask one or all of them for full payment, and that it should not try to divide the debt among them. An owner with 20% can be asked for all of it.

Shares held through a company count. SBA adds up what a person owns directly and what they own through other companies, in proportion. The manual's own example: someone who owns 15% of the business, and all of a company that owns another 50%, is treated as owning 65%. When a company is among the owners, the lender has to be told who the people behind it are.

A person who signs the loan itself as a borrower, in their own name, does not have to sign a guarantee as well.

People who are not owners can be asked too. A lender may require a full or a limited guarantee from anyone it considers necessary, whatever their stake. The manual gives the example of someone with a small share, or none, who is critical to running the business.

Each person SBA requires to guarantee gives the lender a personal financial statement dated within 90 days of the loan's approval. People who sign only because the lender asked are excepted.

Spouses and children

A married couple is counted together. If each spouse owns less than 20%, but the two of them and their minor children own 20% or more between them, each spouse who is an owner guarantees the loan in full.

A spouse who owns nothing is in a different position. That spouse signs the documents for any collateral the couple holds jointly, and the guarantee that goes with them is limited to the spouse's interest in that collateral. A non-owner spouse does not have to sign the personal financial statement.

A minor child cannot guarantee a loan, and SBA does not lend to a business in which a minor owns 20% or more.

Selling down does not get you out

Anyone who had to guarantee six months before the application still has to, even after cutting their stake below 20%. The manual allows one way out: leaving completely before the application is made. That means giving up the whole stake and every other tie to the business, including a job there, paid or unpaid, for the life of the loan.

When a loan pays for part of a business to change hands, the shares that count are the ones after the sale. Our guide to buying a business with an SBA loan covers what a seller who stays on has to sign.

An example

The example the checker opens on
OwnerShareGuarantee
Owner 150%Must guarantee: owns 20% or more
Owner 2, married to another owner15%Must guarantee: with a spouse, the family holds 20% or more
Owner 3, married to another owner10%Must guarantee: with a spouse, the family holds 20% or more
Owner 415%Not required by SBA. The lender may still ask.
Owner 5, sold down from 20% or more three months ago10%Must guarantee: held 20% or more six months before the application

This business has 5 owners, and 4 of them have to guarantee. Only one owns 20% outright. Two more are married to each other and reach it together. Another cut their stake three months ago, and the six-month rule still catches them. The owner with 15% and no family tie is the only one SBA does not require, and the lender may still ask.

The checker opens on this case and lets you replace it with your own.

What collateral SBA requires

Collateral by size of loan: SOP 50 10 8.1, Appendix 19
LoanCollateral SBA requires
$50,000 or less, 7(a) Small or SBA ExpressNone required. The lender may take some under its own policy.
7(a) Small, over $50,000 and up to $350,000A first lien on what the loan pays for. If half or more of the loan is working capital, a lien on all the fixed assets of the business, real estate included, up to the point the loan is fully secured.
SBA Express, over $50,000Whatever the lender's own policy asks of a similar loan without an SBA guarantee
Standard 7(a), over $350,000The loan must be fully secured. The lender takes all available fixed assets of the business and, if they fall short, the available equity in the owners' personal real estate. Property with less than 25% equity is exempt.

Two sentences in the manual frame the rest. A lender must not turn a loan down only because the collateral is inadequate. And SBA's guarantee to the lender is not a substitute for collateral that is available.

So a lack of collateral is not, on its own, a reason to refuse a loan. But where SBA requires collateral and the borrower has it, it has to be pledged. A lender must also be at least as thorough as it is on loans of similar size made without SBA. It can take more than the table requires. It cannot take less.

Vehicles are an exception. A lender need not take a lien on a vehicle that already carries one, or that is worth $20,000 or less.

Loans that buy a business have stricter rules, which apply whatever the size of the loan. They are in our guide to those loans.

What "fully secured" means

A loan over $350,000 has to be fully secured. SBA's test for that is its own. The lender takes a lien on all the fixed assets the business has, meaning its real estate, machinery and equipment, and counts each at a discount.

How SBA values fixed assets when it asks whether a loan is fully secured
AssetCounts toward a fully secured loan
Improved real estateUp to 85% of market value
Unimproved real estate50% of market value
New machinery and equipmentUp to 75% of the price, less prior liens
Used machinery and equipmentUp to 50% of net book value, or 80% of an appraised liquidation value, less prior liens
Furniture and fixturesUp to 10% of net book value or appraised value
Receivables and inventory, if the lender takes themUp to 10% of current book value

If those discounted values add up to the loan, it is fully secured and SBA asks for nothing more. If they do not, there is a shortfall.

A business that rents its premises and owns little equipment has almost nothing that counts. Goodwill and other intangibles are not fixed assets at all.

A shortfall has two consequences. The lender must take the available equity in the owners' personal real estate. And where the business is a sole proprietorship, a single-member LLC or otherwise depends on one owner, the lender must require life insurance on that person for the amount of the shortfall. It may accept an existing policy, and the manual says a lender should not require credit life or whole life insurance.

When a home has to be pledged

On a loan over $350,000 with a shortfall, the lender must take the available equity in personal real estate. The manual tells it to consider property belonging to anyone who holds 20% or more of the business, alone or together with a spouse and minor children, whether that person owns the property individually or jointly with them. That covers a home, and it covers investment and commercial property the business does not occupy.

One rule protects a home with a large mortgage. The lender does not have to take a lien where the owner's equity is less than 25% of the property's market value.

Take a home worth $400,000 with $280,000 owed on it. The equity is $120,000, which is 30% of the value, so the home counts. If $320,000 were owed, the equity would be 20% and SBA would not require a lien.

Four details matter here.

  • The lien can be capped. It may be limited to the shortfall, or to 150% of the equity in the property. In the example that is $180,000.
  • The value has to be evidenced. To treat a property as lacking equity, the lender needs a source other than the owner's own financial statement or the tax assessment.
  • An existing mortgage that forbids a second lien is not an excuse. The manual says that does not, by itself, amount to a lack of equity.
  • Moving the property does not work. Real estate transferred to a spouse or minor child who owns none of the business, within six months of the application, is still treated as available.

For loans of $350,000 or less, SBA does not require a lien on personal real estate. A lender is free to take one under its own policy, and the manual says so.

What the loan records show

SBA's file of 7(a) loans says, for each one, whether the lender reported it as backed by collateral. It does not say what the collateral was or what it was worth.

45% of loans of $50,000 or less had no collateral; above $350,000, almost none went without

Share of 7(a) loans the lender reported as backed by collateral, by loan size, approved July 2025 to June 2026

$25,000 or less51%
$25,001–$50,00058%
$50,001–$150,00091%
$150,001–$350,00098%
$350,001–$1 million99.9%
$1–$2 million100%
$2–$5 million100%

Source: The Mercantile Record analysis of SBA 7(a) loan records as of June 30, 2026. Method.

Show the numbers as a table
Loan sizeLoansBacked by collateral
$25,000 or less4,80551.1%
$25,001–$50,0006,36858.2%
$50,001–$150,00010,98091.1%
$150,001–$350,00010,79597.8%
$350,001–$1 million8,72099.9%
$1–$2 million4,152100.0%
$2–$5 million3,701100.0%

Of the 49,521 loans approved in the twelve months to June 30, 2026, 87% were reported as backed by collateral. The split follows the rules closely. Among loans of $50,000 or less, where SBA requires none, 45% had none. Above $50,000, 97% had some. Above $350,000 the figure was 99.96%.

So collateral is often taken where SBA asks for none: on 55% of the loans of $50,000 or less. The route matters. At that size, lenders reported collateral on 58% of 9,520 SBA Express loans, and on 36% of 1,593 loans made under preferred-lender authority.

Lines of credit were less often secured than term loans: 71% against 93%.

Collateral has become more common: 65% of loans in fiscal 2010, 84% in fiscal 2025

Share of 7(a) loans the lender reported as backed by collateral, by fiscal year of approval (October to September), cancelled loans left out

0%25%50%75%100%2010201320162019202220250%50%100%201020132016201920222025

Source: The Mercantile Record analysis of SBA 7(a) loan records as of June 30, 2026. Method.

Show the numbers as a table
Approved inLoansBacked by collateral
FY201039,91365.4%
FY201145,62869.7%
FY201238,88974.2%
FY201340,41675.1%
FY201445,96274.2%
FY201555,42173.8%
FY201656,78971.4%
FY201756,08072.2%
FY201854,22371.9%
FY201945,68674.0%
FY202036,49079.7%
FY202145,36084.7%
FY202242,28279.5%
FY202351,74777.7%
FY202462,61880.9%
FY202564,09683.8%

Collateral has become more common. In fiscal 2010, 65% of loans were reported as backed by it. In fiscal 2025 it was 84%.

What collateral changed when loans failed

For loans approved in fiscal years 2010 to 2019, the file shows which were charged off and for how much. We compared that amount with the original loan.

Loans approved in fiscal years 2010 to 2019 and paid out, followed to June 30, 2026. The amount written off is compared with the original loan.
Loan sizeWith collateral: charged offMedian share of the loan written offWithout collateral: charged offMedian share of the loan written off
$25,000 or less6.1%84%11.1%91%
$25,001–$50,0006.6%79%8.5%90%
$50,001–$150,0008.0%76%9.1%83%
$150,001–$350,0006.2%71%9.9%77%
$350,001–$1 million5.0%62%5.8%65%
$1–$2 million4.1%58%5.3%62%
$2–$5 million3.2%54%3.5%40%
All loans6.2%72%9.7%88%

Loans with collateral failed less often: 6.2% have been charged off, against 9.7% of loans without it. That held in all 7 size bands.

When they did fail, less was written off, but not much less. The median write-off on a loan with collateral was 72% of the original loan. On a loan without, it was 88%. The loss was lower with collateral in 6 of the 7 size bands. The exception is loans of $2–$5 million, where only 41 loans without collateral were charged off.

Read the first of those figures the other way round. On the median failed loan with collateral, everything the borrower had repaid and everything the lender had recovered by the time the debt was written off, from the collateral and from the guarantors, came to no more than 28% of the amount approved. For a quarter of those loans the write-off was 89% or more.

That is the practical meaning of a personal guarantee. Collateral seldom covers the debt, and what it does not cover is still owed by the people who signed.

Two cautions. Loans with and without collateral differ in other ways, including the lender and the kind of borrower, so the gap is not a measure of what collateral does. And a write-off is an accounting entry by SBA. It does not release anyone, as the next section explains.

What happens if the loan stops being paid

SBA's rules for this are in a separate manual, written for lenders. A guarantor is not a party to it, but it says what a lender is expected to do and what it needs SBA's permission for.

After a 7(a) loan stops being paid: SOP 50 57 4, in force from November 1, 2025
StageWhat SBA's manual provides
A temporary cash flow problemThe lender may defer payments, normally for up to six months. Interest keeps accruing, and it may not be added to the principal.
More than 60 days behind, and the problem looks lastingNo more deferments. The lender can call the whole loan due, demands payment from every borrower and guarantor, and can ask SBA to pay its guarantee.
WorkoutWhere it is feasible the lender must try in good faith to negotiate one. Expect to hand over current financial statements and two years of tax returns, and to be asked for something in return.
CollateralThe lender must sell collateral it can recover $10,000 or more from, unless that would leave the owner unable to pay for basic living expenses.
The owner's homeBefore foreclosing on a primary residence, the lender should try in good faith to agree a payment for releasing the lien and a settlement of the rest. That does not apply where there was fraud or misrepresentation.
Offer in compromiseA guarantor may offer less than the balance to settle. SBA must approve it, and generally does if the offer reflects what the guarantor is truly able to pay.
LawsuitThe lender should sue a guarantor who can pay all or much of the debt and will not pay or negotiate, when a suit is worth its cost.
Referral to the TreasuryWhen the lender has finished, SBA sends what is still owed to the Treasury, which can keep tax refunds and other federal payments and garnish wages. The guarantor first gets 60 days' notice to pay or agree a plan.

Before default. A lender can defer payments for a business with a temporary cash problem. Interest keeps accruing. Once a loan is more than 60 days behind and the problem looks permanent, the manual tells the lender to stop deferring and move to collection. Lenders may not charge a default rate of interest on a 7(a) loan, except on SBA Express and Export Express loans.

The demand. When a payment default cannot be cured, the lender calls the whole loan due and demands payment from the borrower and from every guarantor at once.

The home. Before it starts to foreclose on a guarantor's primary residence, a lender should try in good faith to agree a payment in exchange for releasing its lien, and a settlement of the rest. That expectation falls away where the owner committed fraud or misrepresentation. It is an instruction to try. It is not a bar on foreclosure.

Settling for less. A guarantor may make an offer in compromise: a sum, less than the balance, in full settlement of that guarantor's own obligation. The manual is specific about it.

  • The offer goes in writing with a financial statement signed under penalty of perjury and two years of personal tax returns.
  • SBA has to approve it, and generally accepts an offer that reflects what the person is truly able to pay. It rejects one from a person who could pay in full.
  • The manual says in terms that there is no right to a compromise. SBA will send a debt to the Treasury sooner than accept a nominal amount.
  • Lenders should generally consider offers of $5,000 or more, and less where a larger sum would cause hardship.
  • A lump sum within 60 days of approval is preferred. Installments should clear the amount within three years.
  • A settlement with one guarantor does not release the others.
  • It is normally made once the business has closed and the collateral has been sold. The home is the exception described above.
  • Lenders must tell the person that an accepted compromise counts as a loss to the federal government, which may stand in the way of federal financing later, another 7(a) loan included, and that it may have tax consequences.

A lawsuit. A lender should sue a guarantor who has no valid defense, could pay all or much of the debt, and will not pay or negotiate, when a suit is worth what it costs.

The Treasury. When the lender has done what it can, SBA refers what is still owed to the Treasury Department. Each person who owes is first given 60 days' notice to pay or agree a plan. The Treasury can then keep federal and state payments due to that person. The manual lists tax refunds, wages, retirement checks and contractor payments. It names wage garnishment and litigation by the Department of Justice among the Treasury's other tools.

The record. SBA moves the loan to a status it calls SBA Uncollectible, or charges it off. The manual states that this change has no effect on anyone's liability for the balance. SBA then reports the balance to credit reporting agencies and to federal databases of delinquent debtors. One of them is CAIVRS, which the housing department keeps so that lenders can see whether an applicant has defaulted on a federally assisted loan.

Two details of the manual are easy to miss. While the lender is servicing the loan, it must report the borrower to credit reporting agencies, and the manual says reporting of guarantors is not required. And when SBA finally cancels a debt, it files the tax form for cancelled debt in the borrower's name only, not the guarantors'. Neither makes the debt any less owed.

Getting out of a guarantee

A lender cannot release a guarantor without SBA's written approval. While a loan is being paid normally, the manual sets conditions for asking.

  • The loan must be what it calls seasoned: every scheduled payment made for 18 months after the loan was paid out.
  • The release must not leave the loan without a guarantee that SBA's rules require, such as that of a 20% owner.
  • It must not weaken the lender's chances of recovery.

Where an owner sells their stake, the manual allows their obligation to be limited to the money they receive for it, again with SBA's approval.

Once a loan is in liquidation, a release has a price. The guarantor must pay at least what the lender could collect from them by legal action, with the same paperwork as an offer in compromise.

A home with a lien on it can still be sold and replaced. The lender may move its lien to the new home if all the proceeds, after the first mortgage and closing costs, go into that home or toward the loan, and if the equity in the new home is at least what it was in the old one.

What the records cannot tell you

  • Only yes or no. The file says whether the lender reported collateral. It does not say whether that was a truck, a building or a home.
  • Nothing about guarantees. Who guaranteed a loan is not in the file, and nothing in it shows what was collected from guarantors.
  • The write-off is not the recovery. We compare the amount charged off with the amount approved. The difference mixes what was repaid before the loan failed, what was recovered before the write-off, and any part of a credit line that was never drawn. Money collected after the write-off, by the Treasury for example, is not in the figure.
  • Old loans, old rules. The loans whose outcomes we can see were made under earlier versions of the manual, and over years that included the pandemic.

This article is general information, not legal advice. What a guarantee means for you depends on the documents you sign and on your state's law. We are not a lender.

Sources

  1. SOP 50 10 8.1, Lender and Development Company Loan Programs, U.S. Small Business Administration. Effective October 1, 2026. Section A, Ch. 5: who must guarantee, spouses, trusts, the six-month rule, life insurance. Section A, Ch. 1: how ownership is counted, minor children as owners. Appendix 19: collateral by size of loan, the fully secured test, personal real estate, vehicles. Appendix 15: guarantees and collateral when a business is bought. Checked October 6, 2026.
  2. SOP 50 57 4, 7(a) Loan Servicing and Liquidation, U.S. Small Business Administration. Effective November 1, 2025. Deferments, workouts, sale of collateral, primary residences, offers in compromise, lawsuits, referral to the Treasury, credit reporting, release of a guarantor, replacing a home held as collateral. Checked October 6, 2026.
  3. 7(a) & 504 FOIA dataset, U.S. Small Business Administration. Loan-level records as of June 30, 2026. Every count and share in this article: whether the lender reported collateral, and the amount charged off on loans that failed. Checked October 5, 2026.

Corrections and updates

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