This post was written for The Ground Floor blog by Kristina Kessler, vice president and editor-in-chief Urban Land Magazine at the Urban Land Institute.
Problem deals have increased profoundly, especially in the banking and commercial mortgage-backed securities (CMBS) sectors…was the message brought home by participants at the ULI Real Estate Summit’s Investing in Distressed Commercial Real Estate Industry Roundtable, held at the Spring Council Forum in Boston.
Outstanding distress at the end of January 2010 was $163 billion of property in default, bankruptcy, foreclosure, or real estate owned (REO). Overall volume of nonperforming commercial real estate and development loans on banks’ portfolios exceeds $123 billion (7 percent of that in commercial real estate)—more than 80 percent higher than levels reached in 1991. The last few years have seen transaction based value indices decline about 40 percent peak to trough, according to Moody’s REAL CRE Index. Recovery in values is likely to be long—values in the office sector are estimated to recover to their prerecession peak in 2017, based on forecasts of investment fundamentals by CBRE Econometric Advisors. Yet while the volume of properties entering distress is increasing monthly, so are the resolutions.
This is a recession of over-pricing, not over-building, said Raymond Torto, global chief economist for CB Richard Ellis. Vacancy rates are distributed across every property type, but everyone still has tenants that are paying rent. There is a potential distress pool of some $280 billion in refinancing loans over the next two years, but banks are performing a lot of resolutions.
There are very few deals, people don’t know what the prices are, there are no comps, and no lending from banks, noted Spencer Levy, managing director, Eastern Division, CBRE Capital Markets. Lenders are resolving deals through workouts, short sells, note sales, and REOs. Banks that originated the loan and banks that bought other banks are the ones doing the REOs, which are usually larger, high-profile deals; foreign banks are more likely to take back assets REO. Workouts are by far the biggest activity. For a workout transaction, be very well organized, present and offer a solution, and have money available, Levy advised.
Looking at various programs, Levy made the following observations. TARP capitalized banks so they could be patient, but this caused less deals because banks kept deals on their ledgers longer. PPIP was a failure; banks were uncertain of selling loans into the market place. TALF was positive…saving Fannie and Freddie was a good move. The FAS 157 accounting change enabled banks to mark their assets above where they traded on the open market. REMIC relief provided greater flexibility to the marker and the special servicer to negotiate troubled CMBS loans.
Though there are not a lot of sellers in today’s market since values are uncertain and—in most views—at the bottom of the market, opportunities include:
- FDIC structured sales program;
- Talk directly to the banks;
- Become a lender; new public/private mortgage vehicles have been formed;
- Buy institutional grade real estate at today’s prices;
- Be creative, focus on niche opportunities: UCC sales, 363 Bankruptcies, CDD bonds, tax liens, DIP financing; and
- Be patient.
The market is starting to stabilize, said Moshin Meghi, principal and managing director, Loughlin Meghi + Company, in his outlook of various product sectors:
- Office: Rents will remain flat for the next three years with little absorption;
- Industrial: Recovery is expected quicker than in other sectors; trade is picking up as companies rebuild inventory;
- Retail: Consumer spending is stabilizing; expect recovery in 2011, though hesitation to expand will reduce rents;
- Apartments: Rental rates fell sharply in 2009, but finished the year with signs of stabilization; and
- Hotels: Occupancies are down, rates are low, but should level out during second quarter 2010.
Recent bankruptcies and restructurings are happening at the higher end of the market, Meghi noted, while recovery will take a long time at the lower end. Expect a vast number of FDIC bank failures to come, he warned. The question facing the market, he said, is “how will maturing loans be refinanced in a market where values are down 30 to 50 percent from peak and where underwriting standards have tightened significantly?” A two-tiered debt market is emerging: capital from insurance companies and distressed deals for deeply discounted loans or troubled assets.
The investment market is improving, said Robert White, president of Real Estate Capital Analytics. Transaction activity is up 50 percent, though from a very low base; there is more price discovery, and we’re seeing more properties move. The outlook for fundamentals is still poor and will stay that way in 2010, he said, but for certain high-tier assets prices are stabilizing. Real estate investment trusts (REITs), which have the best access to the cheapest capital out there, are leading. There is a huge increase in the number of workouts and their resolution is just beginning. Debt liquidity is returning as is demand from bond buyers, which are all good signs, but we need employment growth.
Loans aren’t sitting out in limbo; they’re being handled, White said. Property sales from distressed sellers are still small. Banks are holding their largest and best assets. Eight billion dollars of real estate went into REO in the fourth quarter…not all REOs are going to be liquidated. Lots of foreign capital is looking at the U.S. because it has so much distress, White noted.
Why are sellers selling? Fatigue, don’t want to foreclose, new CEO, suggested Thomas Goodwin, executive vice president and co-founder of debtX. Most of the movement is in regional banks that want to get back into lending. Who are the buyers? They were investment banks, wholesale banks, and opportunity funds, but today, they’re entrepreneurial players, he said.
Institutional lenders believed it was an attractive time to be investing. David Twardock, president of Prudential Mortgage Capital Corporation, said capital is available, and new debt has attractive pricing. Patricia Goldstein, senior executive vice president and chief credit officer of Emigrant Bank said, banks are working out transactions, trying to do more stabilized core deals, and getting out of construction deals and bridge loans and into more cash loans. Goldstein believes the cleansing process will be faster than expected, and predicted the return of a CMBS market that yields 10 percent.
Overall, the outlook was somewhat optimistic. Expect more distress in 2010, but valuation declines are decelerating. The market is a lot more transparent with better information more readily available. Appraisals and prices are changing. If you don’t act quickly, you could miss the boat, was one observation—2010 just might be the time to buy.