sbaexpress.loans is an independently owned and operated website and has no government affiliation. We are not the Small Business Administration and are not a lender. If you are trying to reach the SBA click here to be redirected.

What rights do you give up when you sign SBA Form 148?

Short answer

A lot. SBA Form 148 waives rights such as notice of default and many defenses, including that the lender impaired collateral or mishandled a sale. The lender can change the loan terms without your consent, except to raise the amount due. Source: SBA Form 148, paras. 4 and 6.

You give up several rights, to the extent the law permits. SBA Form 148 is SBA's Unconditional Guarantee form. Lenders may use their own equivalent form (SOP 50 10 8.1, Sec. B, Ch. 6, Para. D.4), so read the one you sign.

What the lender can do without asking (para. 4)

The form says these actions do not release or reduce your obligation.

Rights and notices you waive (paras. 6.A and 6.B)

Defenses you waive (para. 6.C)

You cannot later argue that the lender:

You also waive any defense that the borrower has avoided liability on the note.

Limits

If the lender raises the amount due without your consent, you are not liable for the increase (para. 6.C.14). Oral statements cannot contradict the written terms (para. 9.H). The form leaves space for state-specific provisions (para. 10).

Have your own attorney review it before you sign.

Ask lending partners about your loan

Tell us the amount you need and what it is for. We refer you to lenders that may fund businesses like yours, and it costs you nothing.

Janover Capital LLC is not a lender and is not the SBA. The lender makes the credit decision. A lender or marketplace may pay us a referral fee if we connect you, at no cost to you. Advertiser disclosure.

Get financing