October 2009 Archives

Written by Stan Ross, Chairman of the Board, USC Lusk Center for Real Estate

Even if there is an inflationary spike, real estate could be a beneficiary. It will favor owners of properties with short-term leases and properties with large near-term rental rollovers. It will also benefit those with long-term fixed-rate debt, as they could repay their debt with a devalued currency, but don't forget there could be another side to this with higher interest rates.

People always ask me where are the opportunities in today's marketplace and how do you find them? In the first quarter of this year, 20,251 businesses sought either Chapter 7 or Chapter 11 protection. With all these filings, there will be distressed asset sales. General Growth filed with 158 regional centers - 200 million square feet of retail representing $27 billion in debt.

But the real action is still with the banks. So far this year, 106 federally insured banks and thrifts have already failed -- the most since 1993 which was around the end of the savings-and-loan crisis -- and more than 400 banks are on the FDIC's "problem" list.
More than half of the $3.4 trillion in outstanding commercial real-estate debt is held by banks. A separate report at the Fed meeting predicted that commercial real-estate losses would reach roughly 45% next year. Bank examiners are stepping up their scrutiny of commercial real estate portfolios at U.S. banks.

Citicorp was getting beat up in a court battle on construction financing. A New York state court this summer ordered Citigroup to keep making payments on its $155 million construction loan on the first phase of a project called Destiny, which had been on track for completion by the end of this year. NY Supreme Court Justice John Cherundolo ruled that the borrower provided "unrebuttable and undeniable" evidence that Citigroup's claim was erroneous. He also suggested that Citigroup might have tried to get out of its funding commitments because it needs to preserve capital. The order has been stayed, however, while Citigroup appeals the ruling.

While each case is different, banks demand that developers put in more equity because of lower real-estate values or cost overruns.

Developers argue that lenders are using the falling values as an excuse to stop their funding. They are calling them "contrived defaults."

Ten facts about California

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Written by Richard K. Green, Director, USC Lusk Center for Real Estate

For pictures, go here. Thanks to Matt Moore for research assistance.

(1) Family of four median income in California ranks 15th among the states. Regardless of how income is measured, in California it is somewhat above average, but not extraordinarily so.

(2) Among the 50 states, California ranks 4th in per capita spending; add DC, and it ranks 5th.

(3) Per capita spending on K-12 education is about average.

(4) California's high school graduation rate is 10th from the bottom.

(5) This can be explained partially by the fact that California leads the nation in foreign born population.

(6) But even after controlling for foreign born population, educational attainment in California is average.

(7) California's incarceration rate is a bit above average, but not extraordinary by US standards.

(8) California relies less on property tax revenue to finance its government than the average state. Economists generally find the property tax to be less distortionary and unstable than other types of taxes.

(9) in 2005-06 (the last year for which I have data), California had more net business creation than any other state. After scaling for size, California's business creation was comparable to Texas'.

(10) California relies disproportionately on Information Technology and Professional and Technical Services for employment. These are high paying jobs that require a well educated labor force.

Written by Richard K. Green, Director, USC Lusk Center for Real Estate

CNBC reports that houses in Las Vegas are falling apart, and that at least one buyer went to a homebuilder for a new house because she couldn't find any existing home that was acceptable.

This is actually a good example of what Ed Olsen was writing about in his seminal paper, "A Competitive Theory of the Housing Market." When prices fall below replacement cost, housing deteriorates until its depreciated cost equals price. Once this happens, housing markets are in equilibrium. The fact that the inventory of houses available for sale in Las Vegas has dropped to four months suggests that it is near its equilibrium level.

We could just be happy that the market in Vegas had returned to normalcy where it not for the fact that the deodorization of houses has almost certainly produced negative externalities--i.e., blight. (I was last in Vegas late last spring, and it looks pretty awful). But it is amazing how quickly markets adjust.

Written by Richard K. Green, Director, USC Lusk Center for Real Estate

He concludes:

WHAT should we conclude? Given the abnormality of the economic environment, the sudden turn in the housing market probably reflects a new home-buyer emphasis on market timing. For years, people have been bulls for the long term. The change has been in their short-term thinking. The latest answers suggest that people think the price slide is over, so there is no longer such a good reason to wait to buy. And so they cause an upward blip in prices.

At the moment, it appears that the extreme ups and downs of the housing market have turned many Americans into housing speculators. Many people are still playing a leverage game, watching various economic indicators as well as the state of federal bailout programs -- including the $8,000 first-time home-buyer tax credit that is currently scheduled to expire before Dec. 1 -- in an effort to time their home-buying decisions. The sudden turn could signal a new housing boom, but is more likely just a sign of a period of higher short-run price volatility.


My take is different: I wonder if we have actually seen a sudden turn. The mix of sales has recently included fewer distressed sales. If distressed sales are fundamentally different from others, changes in the mix will influence the index. I suspected before that prices for non-distressed transactions before fell somewhat less than CSI; for the same reason, they may not be rising quite as quickly as CSI now.

Written by Stan Ross, Chairman of the Board, USC Lusk Center for Real Estate

The financial markets have been anticipating major defaults in the commercial mortgage sector for some time now. We are all aware that there is close to $300 million of CMBS -- commercial mortgage backed securities -- coming due by the end of 2009 and almost a similar amount in 2010. But that market has been illiquid - the holders of these bonds are not able to sell their shares that have fallen in value and the real estate backed by these bonds can't find anyone to refinance their properties to pay off the bondholders.

The question is, will the investor (lenders) let these bonds go into default or are we going to see some other strategies and options surface? My own view is that we've already seen a few new structures work. A number of the big REITs have gone out and raised new equity capital and that equity capital is being used to pay off or replace some of this CMBS debt. More importantly, we've had a real hurdle for some time with tax issues relating to any restructuring done with the servicers of these mortgage-backed bonds.

We now have a new proposal that came from the Treasury which would allow discussions on negotiations for modifications including lowering the interest rate or extensions on troubled loans without having to worry about the tax results. You could do that whether the debt is delinquent, in default or whether or not they are at their maturity dates. With that kind of a release from a tax trigger, I think we are going to see many more modifications.

In addition, I've been observing that a number of the institutions that are holders of these bonds are able to enter into a structured transaction where they sell a portfolio of the assets purchased with these securities, and then provide the financing for that sale in return for getting back an equity component from the buyer. I've seen this on some real estate transactions. Just recently, Barclays PLC sold off a $12.3 billion portfolio of securities backed by subprime mortgages in the U.S. and provided the new owners with a loan to finance the deal.

I don't see a pending disaster here so while I think we'll have delinquencies, some defaults and some covenant defaults, I think we're going to work our way out of this. For the long term, I'm hoping that the government's Public Private Investment Program (PPIP) will also help to reduce problems in the CMBS sector.

While all this activity is going on, the commercial developers are taking a lot of steps in order to survive and they are doing it a lot earlier. They are doing whatever it takes to protect their company and their asset base.

Primarily, they are taking a hard look at their entire asset base: looking at their strategies and business plans, evaluating their assets on a more realistic basis, doing sensitivity analysis, looking at the options in financing, but most important, being current, transparent and increasing the communication with their lenders so that hopefully they are not caught in any last minute surprises. I think all these steps will be very positive and help if a loan modification is needed.

About the Lusk Center

The USC Lusk Center for Real Estate seeks to advance real estate knowledge, inform business practice, and address timely issues that affect the real estate industry, the urban economy, and public policy.

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The views expressed in this blog are those of the authors' and do not necessarily reflect the opinions of the USC Lusk Center for Real Estate.

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