EXTEND, AMEND AND PRETEND

by admin

Mark Scott

The underlying crisis in commercial real estate is growing below the radar. The new mantra for lenders is Extend, Amend and Pretend. Why extend and pretend? Let’s look at recent history. In 2007 the Commercial Mortgage Backed Securities Market (CMBS) generated over $270 billion in loans. In 2008 the commercial real estate securitization market was less than $30 billion (11 percent of the previous year). In 2009 activity as of July is just $21.8 billion (Source: Commercial Mortgage Alert). Life insurance companies have also slashed their funding allocations to less that 20 percent of their 2006-2007 levels. This lack of liquidity in commercial real estate is further exacerbated by the state of the economy: As job losses continue, demand for office space declines, retailers are under stress as consumers cut back, warehousing and manufacturing space requirements are less and the residential sector for both rental and for-sale housing consolidates.

Loans that just 2 or 3 years ago were underwritten at 80 percent of the then current “value” are in trouble; today that “value” is down 25 to 40 percent and the loan proceeds available against today’s lower value much less at 50 to 60 percent loan to today’s value. Do lenders wish to foreclose, own and operate properties as loans mature? Not in this market. The only solution presently is for lenders to Extend (possibly Amend) and Pretend.

Borrowers and lenders are facing a double edged sword: pressure on rents (top line) and income (bottom line) is coupled with the a) pressure on the properties to service existing debt and b) the inability to replace that debt level when it comes due. The solution thus far has been “extend, amend and pretend.” Extending the loan, and amending its payment terms, takes the pressure of the impending maturity date away, and allows all involved to pretend that all is ok. The loan remains performing.

How do things look better? The loan debt service coverage ratio (DSCR) is defined as net operating income/debt service payments. Market forces and the borrower dictate of the numerator of DSCR. The lender controls the denominator. The lender may extend the loan then A) reduce the amortization (loan reduction every month) required on the loans or eliminate loan reduction completely by accepting just interest only payments, or B) adjusting the rates from a higher fixed to a now low level floating rate. Once A and/or B are accomplished and the loan extended the loan metrics look much improved. DSCR rises or is maintained. The loan remains “performing” and less subject to regulator scrutiny. By pushing off to the future loan pay down and maturity, and moving to a floating or low short term rates NOW, the DSCR rises and the optics for the loan look better TODAY (This is similar to the theatrics ongoing in Washington today with the federal budget but we will save that discussion for another day; Kind of an Extend and Pretend scenario in itself for Congress; push the day of reckoning to the future).

Will this approach work for lenders? Maybe. By postponing loan pay downs (amortization) the lender is hoping that 1) the economy improves, 2) top line income rises as demand for all real estate increases, and c) liquidity returns to the real estate finance market. If the current (or proposed) government stimulus works (although we have seen few signs other than reduction of systemic risk), demand for all types of goods and services and thus real estate could rise, liquidity may return to the finance market and everything will be rosy.

Or maybe the extend, amend and pretend strategy will bring with it more challenges.
What could go wrong? Interest rates could rise as demand for billions in new treasury debt wanes. Interest rates may have to rise on bonds to attract purchasers. Or rising rates could infer that inflation is rising. Inflation is good for real estate owners if they have fixed rate debt. They can repay the debt with inflated dollars easier. But what if the borrowers have moved to floating rate debt (as suggested above), and rates rise, pressure increases on the property, borrower and lender as DSCR drops.

Or we could enter a period of Stagflation. Prices rise. Rates rise; yet, demand is lack luster. Demand for office, retail warehouse/industrial and residential real estate remains weak.

The past years financial turmoil has left institutions searching for the solution. The shock to the economy and real estate markets has occurred rapidly. Extend, Amend and Pretend seems to be an interim solution until stability in the system is realized. Several stronger lenders are admitting their losses, taking the hits and preparing for the future. As noted in the July 20th Wall Street Journal the big banks are being aggressive in taking chargeoffs and aggressively addressing potential problems. The smaller banks appear to be less aggressive in recognizing losses. Smaller institutions seem to believe the Extend, Amend and Pretend approach is best. Time will tell.

Commercial mortgage bankers are today working feverishly to deliver solutions to their clients. Liquidity is strong in the multifamily market with government sponsored entities, Fannie, Freddie and HUD as active participants. As a result of this liquidity, multifamily values have not been as severely impacted as much as other real estate. Other sectors of the real estate market; office, retail, and industrial/warehouse remain challenged. Hopefully this reset in the economy and real estate market has begun to bottom. One promising sign is that several insurance companies and several regional banks are increasing their activity with new originations.

Which way will this all shake out? Strap in and stay tuned. The commercial real estate market is in for continued stress and certainly changes. Change creates opportunity.

— Mark Scott is SVP/co-managing director of NorthMarq Capital in Parsippany, New Jersey (www.northmarq.com). Mr. Scott has been a commercial, investment and mortgage banker for over 25 years and has arranged over $3 Billion in commercial real estate financing. He can be reached at mscott@northmarq.com. NorthMarq is a FNMA/DUS lender through its affiliate AmeriSphere. In addition NorthMarq is a licensed Freddie Mac and HUD financing source as well as over 50 correspondent insurance companies nationwide.

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