Tips & Traps From Ron’s Book, Getting To Yes With Your Banker
Tip No. 6 – Know Your Loan Default Triggers
Ron believes that this is one thing that every entrepreneur needs to know about! In recent years, attorneys have come up with new paperwork that lists “death” as an instance of default in real estate loans. So if you get squashed like a bug on the way home from work, its possible your spouse would immediately get a letter saying that the loan has been called and that the bank requires the payoff right away.
As outrageous as this sounds, the idea has its origins in sound stewardship; it evolved from business loans where there was a concern that, if the owner died, there would be no one around to run the business. Obviously, things aren’t likely to go well in that situation. So the bank wanted to make sure that in those instances, it could get its money back. Businesses assets can go away very quickly following an owner’s death. Real estate is much less likely to change following a death. Ron won’t allow the provision and most lenders will remove it if asked, depending on your total situation. You can mitigate it with life insurance as well. He also negotiated with one lender to have a provision that said that the bank could cite his death as an instance of default ONLY after 180 days following his death. Note the emphasis on “could:” Banks don’t want good loans to go away, so if the spouse can keep the boat floating, it’s likely to be okay.
But that’s not always the case, and you need to make sure that this default cause isn’t included in any of your loan papers. Before you sign any documents, look at them carefully and review what constitutes an event of default. If your death is listed as a cause of default, have the bank take it out! The larger the bank, the harder it might be to get the clause stricken from the terms, but you owe it to your family to make sure it’s removed.
While we’re on the subject of dying, this is a good time to throw in a bonus tip: Never run a business without life insurance! It’s not fair to saddle your heirs with your mistakes. Life insurance is a great way to insure your wealth — and to make sure that your family will be provided for if something happens to you. (Wouldn’t you rather have them be able to pay off the loans to the business and sell it than to have the bank take it away from them?)
Last of all, when you’re buying life insurance always buy term insurance and never buy whole life. Insurance salespeople make more commission on whole life, so they often push it hard, but term is always the way to go. There may be circumstances where term insurance isn’t a good fit, but get that advice from someone other than the person selling you the insurance.
Remember only you can make business great!
Ron Sturgeon, founder of Mr. Mission Possible small business consulting, combines over 35 years of entrepreneurship with an extensive resume in consulting, speaking, and business writing, with 6 books published. A business owner since age 17, Ron sold his chain of salvage yards to Ford Motor Company in 1999, and his innovations in database-driven direct marketing have been profiled in Inc. Magazine. After the repurchase of Greenleaf Auto Recyclers from Ford and sale to Schnitzer Industries, Ron is now owner of the DFW Elite Auto suite of businesses and a successful real estate investor.
As a consultant and peer benchmarking leader, Ron shares his expertise in strategic planning, capitalization, compensation, growing market share, and more in his signature plain-spoken style, providing field-proven, high-profit best practices well ahead of the business news curve.
Ron is a web expert, but he is also an expert in helping all types of small businesses become more successful and more profitable. He has helped owners in industries from restaurants to law firms with a wide variety of business issues, including sales, promotion, production, financial measures, business strategy, and planning for startups. Whatever your unique challenges, Ron can help you.
To inquire about peer benchmarking, consultations, or keynote speaking, contact Ron by calling 817-834-3625, by emailing rons@MrMissionPossible.com, by mailing 5940 Eden, Haltom City, TX 76117, or online at Mr. Mission Possible.