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The Economic And Commercial Real Estate Outlook

This is a very interesting and informative video presentation by Dr. Sam Chandan given for the Speery Van Ness Investor Forum for June, 2011.

On the agenda for this presentation:

THE ECONOMY AND FINANCIAL MARKETS

  • Economic Growth and the Labor Market
  • Consumer Activity
  • Inflation, Interest Rates, and Borrowing Costs

PROPERTY INVESTMENT

  • Uneven Gains in Transaction Activity and Pricing
  • Changing Intermediation of Distress
  • Policy Issues Impacting Investment Trends

You may download the notes and slides from the presentation by Discussion Notes from the Economic and Commercial Real Estate Outlook Presentation.

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Portland, Oregon Metro Area Q4 Apartment Research Market Update

HEALTHY OUTLOOK, LOW INTEREST RATES SPUR BIDDING ACTIVITY

iStock 000002221785XSmall 300x198 Portland, Oregon Metro Area Q4 Apartment Research Market UpdateBelow-trend completions helped balance apartment supply and demand in the Portland metro, despite a slow-moving job recovery. With private-sector employers no longer shedding jobs, the local economic outlook has improved, giving households who doubled up during the recession the confidence to lease individual apartments.

Existing complexes will continue to field these returning renters, as building activity remains low. As a result, vacancies will improve further through year end, and absorption levels, which turned positive in each submarket this year, will continue to strengthen.

Locations near downtown currently account for the bulk of leasing activity, a trend expected to intensify in 2011 as employers ramp up hiring. Luxury condos recast as rentals may present some top-tier supply exposure in the city, but the overall impact of such stock will be minimal, as the bulk of this supply has been absorbed through steep rental discounts.

As rehired professionals rent more affordable mid-tier units, downtown rent rolls will show stronger improvements next year, pulling the vacancy rate in the Northwest/Downtown submarket closer to historical averages. Challenges will persist, nonetheless, as leasing in outlying blue-collar areas will remain light until broader job growth occurs in mid-2011.

As recovering property operations boost buyer confidence and interest rates remain low, investment activity will increase. With interest rates low and buyers recognizing a wave of REO listings will not likely materialize, more investors are making offers on well-located assets.

Properties near downtown Portland continue to capture the most attention, with cap rates for best-in-class assets averaging in the low-6 percent range. Prolonged marketing times in 2009 and early this year encouraged sellers marketwide to lower price points to divest ahead of possible capital tax gains increases, though price cuts were largely mild. Owners of complexes farther from downtown amenities, particularly where renter turnover is most pronounced, have decreased prices sharply to compete with the greater availability of listings; initial yields for these assets currently average between 7.5 percent and 8.0 percent.

2010 ANNUAL APARTMENT FORECAST

01 Portland, Oregon Metro Area Q4 Apartment Research Market Update Employment: Resumed private-sector hiring in the fourth quarter will expand marketwide employment by 2,000 positions this year, a 0.2 percent increase. In 2009, Portland staffing levels fell by 55,000 workers. After cutting jobs for two consecutive years, white-collar employers will account for a sizable share of gains in 2010, a trend that bodes well for renter demand downtown.
02 Portland, Oregon Metro Area Q4 Apartment Research Market Update Construction: Development activity will fall below historical norms this year, with builders on track to complete just 660 units, down from 2,034 units in 2009 and the smallest num- ber of apartments brought online since 2005. Over the past five years, deliveries averaged 1,200 units annually.
03 Portland, Oregon Metro Area Q4 Apartment Research Market Update Vacancy: The average vacancy rate will finish the year at 4.8 percent, representing a 210 basis point improvement from 2009, when weaker economic conditions caused vacancy to rise 170 basis points.
04 Portland, Oregon Metro Area Q4 Apartment Research Market Update Rents: During 2010, asking rents will increase 1.9 percent to $818 per month, and effective rents will rise 2.5 percent to $743 per month. Last year, asking rents slipped 2.7 percent, while effective rents dropped 5.1 percent.

ECONOMY
05 Portland, Oregon Metro Area Q4 Apartment Research Market Update

  • The local job market recovery remains in flux, as the elimination of tem- porary census workers during the third quarter offset employment gains achieved in the first half. Year over year, Portland employers shed 8,500 positions for a 0.9 percent head count decrease, following the loss of 75,800 workers in the preceding 12-month period. Excluding government payroll reductions, metrowide employment levels flattened year to date.
  • The government, financial activities and construction sectors lost a total of 4,600 jobs over the past year, outpacing gains recorded in the professional and business services and education and health services segments.
  • Nike Inc. leased more than 190,000 square feet of space in two buildings in Beaverton. The company expects to hire 160 permanent positions to oc- cupy the new facilities. In addition, Intel Corp. plans to build a new plant in Hillsboro, which will create up to 1,000 permanent jobs and 6,000 to 8,000 constructions positions. The project is slated for delivery in 18 months.
  • Outlook: Marketwide employment levels will expand by 2,000 positions this year, a 0.2 percent increase and a considerable improvement from 2009, when 55,000 workers were eliminated.

HOUSING AND DEMOGRAPHICS
06 Portland, Oregon Metro Area Q4 Apartment Research Market Update

  • Over the past year, permits for 3,600 single-family housing units were is- sued, up from 2,780 units during the previous 12 months. Multifamily per- mit issuance fell 3 percent annually to 970 units.
  • The median home price dipped 2 percent year over year to $236,500. Household income levels remained flat during that time at $55,900 per year, $1,400 less than the minimum required to qualify for purchasing a median-priced home.
  • Renting will remain the most affordable option for most residents. Current- ly, the average Class A asking rent is $285 per month less than the typical mortgage obligation on a median-priced home, using conventional financ- ing criteria.
  • Outlook: Along with the disparity between the monthly rent and mortgage payment, stricter lending criteria and a high unemployment rate will deter a sizable share of residents from leaping into ownership in the near term.

CONSTRUCTION
07 Portland, Oregon Metro Area Q4 Apartment Research Market Update

  • Approximately 650 apartment units came online in the Portland metro over the past year, down considerably from the completion of 2,287 units in the prior 12-month stretch.
  • The only complex delivered so far in 2010 was the 152-unit Broadstone Enso in the Northwest/Downtown submarket, added during the first quarter.
  • All 550 apartment units under way in the metro will come online in the Northwest/Downtown submarket during the fourth quarter. The planning pipeline consists of 1,600 units, only 7 percent of which have established start dates.
  • Outlook: Developers will complete 660 units this year, down from 2,034 units in 2009. Over the past five years, deliveries averaged 1,200 units annually.

VACANCY
08 Portland, Oregon Metro Area Q4 Apartment Research Market Update

  • Since reaching a cyclical peak in the third quarter of last year, marketwide vacancy has fallen 210 basis points to 4.8 percent, supported by strong de- mand for Class A rentals.
  • Top-tier vacancy averaged 4.9 percent in the third quarter, down 290 basis points from the same period last year. Operators of Class A complexes in the Northwest/Downtown submarket, where developments efforts were concentrated in recent years, posted the largest vacancy reduction over the past year, driven by generous concessions offered to fill newer units.
  • In the Class B/C segment, vacancy improved 140 basis points year over year to 4.7 percent, a rate below the sector’s five-year average.
  • Outlook: Vacancy will finish the year at 4.8 percent, down 210 basis points from 2009, when weaker economic conditions caused vacancy to rise 170 basis points.

RENTS
09 Portland, Oregon Metro Area Q4 Apartment Research Market Update

  • Recent occupancy gains have allowed owners to raise rents. Thus far in 2010, asking rents have advanced 1 percent to $811 per month, and effective rents have risen 1.7 percent to $737 per month.
  • Class A asking rents reached $940 per month in the third quarter, up 2.3 percent from one year earlier and nearly on par with the peak levels at- tained during the third quarter of 2008. Lower-tier asking rents advanced 1.6 percent year over year to $693 per month but remain 4 percent less than the sector’s cyclical high.
  • Operational improvements have encouraged many owners to scale back in- centives. In the third quarter, concessions totaled 33 days of free rent, down three days from the start of 2010. Average revenues, meanwhile, have risen 3.9 percent so far this year.
  • Outlook: Asking rents will increase 1.9 percent to $818 per month, and ef- fective rents will rise 2.5 percent to $743 per month.

SALES TRENDS**
10 Portland, Oregon Metro Area Q4 Apartment Research Market Update

  • Investment activity in Portland has yet to recover, though the slowdown has eased considerably, with sales velocity dipping just 10 percent over the most recent 12-month stretch. In the prior year, deal flow fell 47 percent.
  • Subdued trading has led to a 9 percent decrease in the median price over the past year to $63,300 per unit. During the last six months, assets sold at a median price of $65,600 per unit.
  • Cap rates increased approximately 50 basis points in the past year to the high-6 percent to low-7 percent range, though lower-tier assets traded with initial yields closer to 8 percent.
  • Outlook: Lower-tier listing availability remains greatest in the east, where Class C assets with deferred maintenance currently list at cap rates begin- ning in the low-8 percent range. The Gresham area, in particular, fared well through the downturn due to its affordability but weakened considerably late in the recession as residents took in roommates. With hiring yet to gain momentum, local residents in the area will remain slow to de-bundle.

CAPITAL MARKETS

  • The yield on the 10-year U.S. Treasury held in the mid-2 percent range through October due to concerns regarding the durability of economic re- covery. The yield last peaked at 4 percent in early April of this year.
  • Despite significant losses and ongoing troubles associated with Fannie Mae and Freddie Mac’s residential mortgage portfolios, their multifamily hold- ings continue to outperform, with delinquency rates holding well below 1 percent. The GSEs and commercial banks remain the dominant sources of financing for apartments, but life insurance companies have begun to com- pete more intensely for attractive deals that meet their criteria.
  • Loan-to-values (LTVs) among portfolio lenders range from 55 percent to 75 percent depending on asset quality and location, as well the strength of the borrower. For best-of-class deals financed by agency lenders, LTVs can push closer to 80 percent. Lenders generally require debt-service coverage ratios of 1.25x to 1.30x, well above pre-crisis levels but relatively close to historical norms.
  • All-in mortgage rates offered by portfolio lenders on smaller seven-year loans range from 4.80 percent to 5.75 percent, while agency loans typically price 55 basis points to 100 basis points lower, depending on the deal. Larger seven-year loans of $5 million or more price between 4.5 percent and 5.5 per- cent among portfolio lenders and 4.0 percent to 4.5 percent for the agencies.

SUBMARKET OVERVIEW

  • Since peaking at 21.5 percent last year, the Class A vacancy rate in the Northwest/Downtown submarket has improved to 12 percent, despite supply additions during the first quarter. Late-2011 completions will inflate vacancy modestly, but the rise will be temporary, and resumed job growth will continue to drive up occupancies in the area.
  • Vancouver received a $3 million grant to redevelop the Crescent industrial area. The gentrification effort could generate up to 750 jobs, boosting the city’s work force and bolstering rental absorption.
  • Vestas Wind Systems will lease space in the Pearl District and transform the old Meier & Frank Warehouse into a 172,000-square foot headquarters. The move will create up to 200 permanent positions in the next few years, as well as 450 construction jobs, bolstering demand for local housing.

SUBMARKET VACANCY RANKING

11 Portland, Oregon Metro Area Q4 Apartment Research Market Update

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Commercial Real Estate and Social Media: A Powerful Mix

Social Media and Commercial Real Estate – while some say the two don’t mix, we say they’re flat wrong. At Speery Van Ness we’ve been evangelizing the innovative use of technology and digital media in commercial real estate since day one.

The video above simply validates what we’ve been saying for quite some time, which is that social media and commercial real estate fit like hand-in-glove. Yes, I know it’s difficult to believe, but it’’s true – there are still naysayers who decry social media and its effectiveness – they just don’t exist at Sperry Van Ness. icon smile Commercial Real Estate and Social Media: A Powerful Mix

We have won listings, received media exposure, broadened and deepened relationships, and yes, we have closed real deals with social media. While some of our industry peers play the skeptic and hold on to the past, we embrace the demands of the market and look to the future.

Sperry Van Ness is the only major national brokerage firm that has mandated and achieved a 100% corporate wide adoption of social media. In fact, our position within the commercial real estate industry is so dominant with respect to social media that we dominate the top 25 most influential commercial real estate professionals on Twitter as ranked by wefollow.com.

We actively blog, tweet, participate in discussions on LinkedIn and Facebook and we are huge believers in the power of viral video.

Why is this important? Because it allows us to engage and be in the flow of real-time conversations in ways that our old-school brethren simply cannot.

We are engaged, we listen, we understand, we get it…

Connect with me on Facebook, Twitter and Linkedin. Click on the social media icons over there on the right-hand side of this page.

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Commercial Real Estate Lurks as Next Potential Mortgage Crisis

By LINGLING WEI and PETER GRANT

Federal Reserve and Treasury officials are scrambling to prevent the commercial-real- estate sector from delivering a roundhouse punch to the U.S. economy just as it struggles to get up off the mat.

Their efforts could be undermined by a surge in foreclosures of commercial property carrying mortgages that were packaged and sold by Wall Street as bonds. Similar mortgage-backed securities created out of home loans played a big role in undoing that sector and triggering the global economic recession. Now the $700 billion of commercial-mortgage-backed securities outstanding are being tested for the first time by a massive downturn, and the outcome so far hasn’t been pretty.

The CMBS sector is suffering two kinds of pain, which, according to credit rater Realpoint LLC, sent its delinquency rate to 3.14% in July, more than six times the level a year earlier. One is simply the result of bad underwriting. In the era of looser credit, Wall Street’s CMBS machine lent owners money on the assumption that occupancy and rents of their office buildings, hotels, stores or other commercial property would keep rising. In fact, the opposite has happened. The result is that a growing number of properties aren’t generating enough cash to make principal and interest payments.

CommercialPropertyBlues Commercial Real Estate Lurks as Next Potential Mortgage Crisis

1 The other kind of hurt is coming from the inability of property owners to refinance loans bundled into CMBS when these loans mature. By the end of 2012, some $153 billion in loans that make up CMBS are coming due, and close to $100 billion of that will face difficulty getting refinanced, according to Deutsche Bank. Even though the cash flows of these properties are enough to pay interest and principal on the debt, their values have fallen so far that borrowers won’t be able to extend existing mortgages or replace them 2 with new debt. That means losses not only to the property owners but also to those who bought CMBS — including hedge funds, pension funds, mutual funds and other financial institutions — thus exacerbating the economic downturn. A typical CMBS is stuffed with mortgages on a diverse group of properties, often fewer than 100, with loans ranging from a couple of million dollars to more than $100 million. A CMBS servicer, usually a big financial institution like Wachovia and Wells Fargo, collects monthly payments from the borrowers and passes the money on to the institutional investors that buy the securities. CMBS, of course, aren’t the only kind of commercial-real-estate debt suffering higher defaults. Banks hold $1.7 trillion of commercial mortgages and construction loans, and delinquencies on this debt already have played a role in the increase in bank failures this year. But banks’ losses from commercial mortgages have the potential to mount sharply, and the high foreclosure rate in the CMBS market could play a role in this. Until now, banks have been able to keep a lid on commercial-real-estate losses by extending debt when it has matured as long as the underlying properties are generating enough cash to pay debt service. Banks have had a strong incentive to refinance because relaxed accounting standards have enabled them to avoid marking the value of the loans down. “There is no incentive for banks to realize losses” on their commercial-real-estate loans, says Jack Foster, head of real estate at Franklin Templeton Real Estate Advisors. CMBS are held by scores of investors, and the servicers of CMBS loans have limited flexibility to extend or restructure troubled loans like banks do. Earlier this month, it was no coincidence that CMBS mortgages accounted for the debt on six of the seven Southern California office buildings that Maguire Properties Inc. said it was giving up. “During most of the evolution [of CMBS] no one ever thought all these loans would go into default,” says Nelson Rising, Maguire’s chief executive. Maguire Properties Among the office buildings that Maguire will turn over to creditors is Stadium Towers Plaza. Indeed, many property developers and investors complain there is no way to identify the investors that hold their debt and that it is difficult to negotiate with CMBS servicers. In light of the complaints, the Treasury is considering guidance that would allow servicers to start talking about ways to avoid defaults and foreclosures sooner, according to people familiar with the matter. But investors in CMBS bonds argue that the servicers are ultimately bound contractually to the bondholders. So Maguire will soon have a lot of company. In a study for The Wall Street Journal, Realpoint found that 281 CMBS loans valued at $6.3 billion weren’t able to refinance when they matured in the past three month, even though 173 such loans worth $5.1 billion were throwing off more than enough cash to service their debt. Mounting foreclosures in the CMBS sector would likely depress values even further as property is dumped on the market. And this would put pressure on banks to write down loans. “What’s going on in the CMBS world is a precursor for what might be seen in banks’ books,” predicts Frank Innaurato, managing director at Realpoint. The commercial-real-estate market could yet be salvaged by an improving economy and bailout programs coming out of Washington. In addition, capital markets are starting to ease for publicly traded real-estate investment trusts. Since March, more than two dozen REITs have managed to raise more than $13 billion by selling shares. Still, most of the $6.7 trillion in commercial real estate is privately owned. Also, it is unlikely commercial real estate will benefit much from an early stage of an economic recovery. What landlords need is occupancy and rents to rise, and that means employers have to start hiring and consumers need to shop more. So far, there are few signs this is happening.

The other kind of hurt is coming from the inability of property owners to refinance loans bundled into CMBS when these loans mature. By the end of 2012, some $153 billion in loans that make up CMBS are coming due, and close to $100 billion of that will face difficulty getting refinanced, according to Deutsche Bank. Even though the cash flows of these properties are enough to pay interest and principal on the debt, their values have fallen so far that borrowers won’t be able to extend existing mortgages or replace them 2 with new debt. That means losses not only to the property owners but also to those who bought CMBS — including hedge funds, pension funds, mutual funds and other financial institutions — thus exacerbating the economic downturn.

A typical CMBS is stuffed with mortgages on a diverse group of properties, often fewer than 100, with loans ranging from a couple of million dollars to more than $100 million. A CMBS servicer, usually a big financial institution like Wachovia and Wells Fargo, collects monthly payments from the borrowers and passes the money on to the institutional investors that buy the securities.

CMBS, of course, aren’t the only kind of commercial-real-estate debt suffering higher defaults. Banks hold $1.7 trillion of commercial mortgages and construction loans, and delinquencies on this debt already have played a role in the increase in bank failures this year.

But banks’ losses from commercial mortgages have the potential to mount sharply, and the high foreclosure rate in the CMBS market could play a role in this. Until now, banks have been able to keep a lid on commercial-real-estate losses by extending debt when it has matured as long as the underlying properties are generating enough cash to pay debt service. Banks have had a strong incentive to refinance because relaxed accounting standards have enabled them to avoid marking the value of the loans down.

“There is no incentive for banks to realize losses” on their commercial-real-estate loans, says Jack Foster, head of real estate at Franklin Templeton Real Estate Advisors.

CMBS are held by scores of investors, and the servicers of CMBS loans have limited flexibility to extend or restructure troubled loans like banks do. Earlier this month, it was no coincidence that CMBS mortgages accounted for the debt on six of the seven Southern California office buildings that Maguire Properties Inc. said it was giving up. “During most of the evolution [of CMBS] no one ever thought all these loans would go into default,” says Nelson Rising, Maguire’s chief executive.

Maguire Properties

Among the office buildings that Maguire will turn over to creditors is Stadium Towers Plaza.

Indeed, many property developers and investors complain there is no way to identify the investors that hold their debt and that it is difficult to negotiate with CMBS servicers. In light of the complaints, the Treasury is considering guidance that would allow servicers to start talking about ways to avoid defaults and foreclosures sooner, according to people familiar with the matter. But investors in CMBS bonds argue that the servicers are ultimately bound contractually to the bondholders.

So Maguire will soon have a lot of company. In a study for The Wall Street Journal, Realpoint found that 281 CMBS loans valued at $6.3 billion weren’t able to refinance when they matured in the past three month, even though 173 such loans worth $5.1 billion were throwing off more than enough cash to service their debt.

Mounting foreclosures in the CMBS sector would likely depress values even further as property is dumped on the market. And this would put pressure on banks to write down loans. “What’s going on in the CMBS world is a precursor for what might be seen in banks’ books,” predicts Frank Innaurato, managing director at Realpoint.

The commercial-real-estate market could yet be salvaged by an improving economy and bailout programs coming out of Washington. In addition, capital markets are starting to ease for publicly traded real-estate investment trusts. Since March, more than two dozen REITs have managed to raise more than $13 billion by selling shares.

Still, most of the $6.7 trillion in commercial real estate is privately owned. Also, it is unlikely commercial real estate will benefit much from an early stage of an economic recovery. What landlords need is occupancy and rents to rise, and that means employers have to start hiring and consumers need to shop more. So far, there are few signs this is happening.

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Real Estate Roundtable Welcomes IRS Action Allowing CMBS Loan Modifications

1 Real Estate Roundtable Welcomes IRS Action Allowing CMBS Loan Modifications Tue Sep 15, 2009 8:13pm EDT
WASHINGTON, Sept. 15 /PRNewswire-USNewswire/ — The Real Estate Roundtable today welcomed a new Internal Revenue Service (IRS) tax rule (Revenue Procedure 2009-45) that will allow commercial real estate borrowers to proactively discuss possible modifications to securitized loans that are at risk of default without triggering tax penalties.
Until now, administrative tax rules applicable to Real Estate Mortgage Investment Conduits (REMICs) and investment trusts imposed severe penalties for changes made to commercial mortgage pools or investment interests after the startup date of the securitization vehicle.  As a result, borrowers were unable to even begin discussions with their loan servicers until they had already defaulted or were within weeks or months of defaulting.
“Amidst a massive wave of maturing commercial real estate debt — and still virtually no credit available for refinancing — borrowers need to be able to talk with their loan servicers about restructurings in a timely manner, before the point of default.  By easing the tax penalties on changes to securitized ‘conduit debt’ — i.e. loans held within a REMIC — IRS has taken a very positive step toward easing today’s crushing liquidity crisis in commercial real estate,” said Roundtable President and CEO Jeffrey D. DeBoer.
“Reducing loan defaults and associated property devaluations also will help prevent further shocks to the fragile economic recovery, protect investors large and small, and protect communities around the country that rely heavily on commercial property tax assessments for their operating revenue,” he added.  ”Given real estate’s interconnectedness with all facets of U.S. economic life — including its capacity to drive job growth — today’s announcement should benefit borrowers, lenders, servicers, investors, construction workers and others.”
In July 9 testimony before Congress’ Joint Economic Committee (JEC), DeBoer said an estimated $300 billion to $500 billion in commercial real estate loans are coming due this year, to be followed by, on average, $400 billion in maturing loans each year for the next decade.
In a July 29 letter to Treasury Secretary Timothy Geithner, JEC Chair Carolyn Maloney (D-NY) wrote that property owners who lack the certainty they will not be forced into default on commercial mortgage loans when they mature “will not be willing to make further capital investments in their property, which has negative implications for both asset values and those parts of our economy that benefit from such investments.”
The Roundtable and its real estate trade association partners have been 2 pressing Treasury for the past year to temporarily ease the “very restrictive tax rules that apply to modifications of commercial real estate loans which have been packaged into [commercial mortgage-backed securities, or CMBS].”  In a July 24 letter to Geithner, the organizations said this step would allow bborrowers to “proactively discuss possible loan modifications with those who service their loans in order to deal with these issues prior to a maturity default, while there is still time to deal with them.”
Securitized “conduit” debt accounted for over 60 percent of the commercial real estate mortgage market during the first half of 2007 (before the subprime mortgage market meltdown and its spill-over effect on the CMBS market).  Defaults and late payments on securitized loans could surpass 7 percent by the end of this year.
IRS Revenue Procedure 2009-45, which takes effect September 16, is on par with actions already taken by Congress, Treasury and the IRS to eliminate or mitigate certain tax consequences relating to residential mortgage loan restructurings.
EDITORS:  Additional resources:
IRS Revenue Procedure 2009-45: http://www.irs.gov/pub/irs-drop/rp-09-45.pdf July 24 edition of Roundtable Weekly: http://www.kintera.org/htmlcontent.asp?cid=92176 August 7 edition of Roundtable Weekly: http://www.kintera.org/htmlcontent.asp?cid=92577#RW1st July 24 real estate industry letter to Secretary Geithner: http://www.rer.org/atf/cf/%7B42ee8980-837f-4af0-a738- d43f0925666b%7D/2009_07_24_REMIC_TREASURY%20LETTERV2.PDF
SOURCE  Real Estate Roundtable

WASHINGTON, Sept. 15 /PRNewswire-USNewswire/ — The Real Estate Roundtable today welcomed a new Internal Revenue Service (IRS) tax rule (Revenue Procedure 2009-45) that will allow commercial real estate borrowers to proactively discuss possible modifications to securitized loans that are at risk of default without triggering tax penalties.

Until now, administrative tax rules applicable to Real Estate Mortgage Investment Conduits (REMICs) and investment trusts imposed severe penalties for changes made to commercial mortgage pools or investment interests after the startup date of the securitization vehicle.  As a result, borrowers were unable to even begin discussions with their loan servicers until they had already defaulted or were within weeks or months of defaulting.

“Amidst a massive wave of maturing commercial real estate debt — and still virtually no credit available for refinancing — borrowers need to be able to talk with their loan servicers about restructurings in a timely manner, before the point of default.  By easing the tax penalties on changes to securitized ‘conduit debt’ — i.e. loans held within a REMIC — IRS has taken a very positive step toward easing today’s crushing liquidity crisis in commercial real estate,” said Roundtable President and CEO Jeffrey D. DeBoer.

“Reducing loan defaults and associated property devaluations also will help prevent further shocks to the fragile economic recovery, protect investors large and small, and protect communities around the country that rely heavily on commercial property tax assessments for their operating revenue,” he added.  ”Given real estate’s interconnectedness with all facets of U.S. economic life — including its capacity to drive job growth — today’s announcement should benefit borrowers, lenders, servicers, investors, construction workers and others.”

In July 9 testimony before Congress’ Joint Economic Committee (JEC), DeBoer said an estimated $300 billion to $500 billion in commercial real estate loans are coming due this year, to be followed by, on average, $400 billion in maturing loans each year for the next decade.

In a July 29 letter to Treasury Secretary Timothy Geithner, JEC Chair Carolyn Maloney (D-NY) wrote that property owners who lack the certainty they will not be forced into default on commercial mortgage loans when they mature “will not be willing to make further capital investments in their property, which has negative implications for both asset values and those parts of our economy that benefit from such investments.”

The Roundtable and its real estate trade association partners have been 2 pressing Treasury for the past year to temporarily ease the “very restrictive tax rules that apply to modifications of commercial real estate loans which have been packaged into [commercial mortgage-backed securities, or CMBS].”  In a July 24 letter to Geithner, the organizations said this step would allow bborrowers to “proactively discuss possible loan modifications with those who service their loans in order to deal with these issues prior to a maturity default, while there is still time to deal with them.”

Securitized “conduit” debt accounted for over 60 percent of the commercial real estate mortgage market during the first half of 2007 (before the subprime mortgage market meltdown and its spill-over effect on the CMBS market).  Defaults and late payments on securitized loans could surpass 7 percent by the end of this year.

IRS Revenue Procedure 2009-45, which takes effect September 16, is on par with actions already taken by Congress, Treasury and the IRS to eliminate or mitigate certain tax consequences relating to residential mortgage loan restructurings.

EDITORS:  Additional resources:

IRS Revenue Procedure 2009-45:

http://www.irs.gov/pub/irs-drop/rp-09-45.pdf

July 24 edition of Roundtable Weekly:

http://www.kintera.org/htmlcontent.asp?cid=92176

August 7 edition of Roundtable Weekly:

http://www.kintera.org/htmlcontent.asp?cid=92577#RW1st

July 24 real estate industry letter to Secretary Geithner:

http://www.rer.org/atf/cf/%7B42ee8980-837f-4af0-a738- d43f0925666b%7D/2009_07_24_REMIC_TREASURY%20LETTERV2.PDF

SOURCE  Real Estate Roundtable

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