Friday, March 23, 2012

Commercial Real Estate Over-Leveraged, Neidich Says

Over-leveraged: To borrow too much money and be unable to make payments on the debt.

To state the obvious, in the real world you need cash to pay off debt.

In Washington, D.C. and Wall Street, you just need a bunch of suckers.

It is no surprise to anyone in CRE that $1.2 trillion in commercial loans have been coming due since 2010.

But what is a surprise is that the banks that would've failed when these notes came due, haven't. The country hasn't been crushed by bank failures because the gov't and Wall Street have been trying to refinance the loans to buy the borrowers some time. But to do this, the gov't had to eliminate massive tax penalties for investors who refinanced these loans, which the Treasury Dept did in 2011 by changing the rules regarding REMICs.

Just like residential borrowers who are refinancing their homes, commercial lenders are doing the same with investors who own malls, office towers, warehouses, etc. At the insistence of the Federal Reserve, banks have been giving the borrowers more time to pay the loans while they hope and pray property values return to normal. And in addition, banks have been "asked" to do troubled debt restructuring. This basically means, let's find ways to make a bad loan not look like a bad loan. My friend, who didn't exactly give permission for me to quote her, says that as VP of her bank, it is good practice for a bank to have 100% in reserve for a non-performing loan. However, it is now difficult to tell just how much of a bad loan is actually bad.

Why? Well this is because if a borrower can't make monthly payments, the bank examines the property's cash flow. Under new Federal guidelines, a bank can now say, wow, 50% of the property is making money and 50% isn't. Therefore, only 50% of the note is distressed, so we only need to keep 50% of the bad note in reserve. At this point a bank would have two options: write down the note and take a loss or reconfigure the terms of the debt and keep a little more in reserves.

But back to reality; if a note isn't being paid because there is no cash flow, then it is over-leveraged. It doesn't matter what percentage of the investment is or isn't making money.

I would love educated comments on this opinion piece.

3/27/12 Also see $362 Billion In Commercial Real Estate Debt Maturing This Year


Tuesday, March 13, 2012

What You Need to Know about Cancellation of Mortgage Debt

By Linda Goold RISMEDIA, Monday, March 12, 2012— This column is brought to you by the NAR Real Estate Services group

Summary: The mortgage company holding your note can cancel the remainder of your debt in the event of foreclosure. The lender reserves the right to sue the note holder for the difference owed from what is due and what the house sold for in foreclosure.

My opinion: If you even think you might lose your house because you're falling behind on payments and the future looks bleak, immediately contact a Realtor to initiate a "short sale." A short sale takes about 4-6 months, but when complete, absolves the borrower from the remaining debt and future litigation. If you do initiate a short sale, don't be distracted by time consuming paper work, like the HAFA program or BoA industry programs. While these programs are fantastic because they provide up to $3K in closing cost or moving assistance, don't lose sight of the big picture. The goal is to sell the house and be absolved from tens of thousands of dollars of debt, not qualify for a potential $3K in assistance.

Key Quotes:
The general tax rule that applies to any debt forgiveness is that the amount forgiven is treated as taxable income to the borrower. Some exceptions to this rule are available, but, until recently, the borrower was required to pay tax on the debt forgiven. A new law enacted in December 2007 provides relief to troubled borrowers when some portion of mortgage debt is forgiven. However, this relief expires on December 31, 2012 and NAR will be working to obtain an extension throughout the year.

Read the full article to obtain all the info you need about this law and the cancellation of mortgage debt at: What You Need to Know about Cancellation of Mortgage Debt

A. Joseph Marshall
Coldwell Banker Commercial
Commercial Real Estate Advisor
Savannah, Ga


Monday, March 5, 2012

The beat goes on in local office real estate market

Posted: March 4, 2012 - 12:39am  |  Updated: March 4, 2012 - 7:09 By Adam Van Brimmer

Summary: Office vancancy rates are down across all Savannah market areas. Tenants more comfortable signing longer leases than two years.

Key Quotes:
The local absorption rate turned positive across all sub-markets — the downtown business district, West Chatham and Southside — in 2011 for the first time since 2008.

The piecemeal growth is a sign of consistency, however, and insiders say demand is building. They’re calling for positive absorption again this year and a pickup in 2013.

With no new construction expected for the next one to two years, the experts predict a steady decline in vacancy rates and more stability from tenants.

The abundance of space isn’t necessarily a negative for the local market, the commercial real estate agents said. Prices have bottomed, most agree, and a market that boasts a variety of space will benefit during a rebound.

Read the full article at: The beat goes on in local office real estate market.

A. Joseph Marshall
Coldwell Banker Commercial
Commercial Real Estate Advisor
Savannah, Ga