Thoughts from a Recent Meeting on Distressed Commercial Real Estate Assets

I attended the Distressed Real Estate Summit in Tampa yesterday.  Although, my commercial real estate activity has picked up in the last few months and I seem to be eternally “busy,” it is always good to break away and hear what some of my peers are working on these days.

“Distressed assets” is the buzz term used for all properties that would probably not be underwritten if they were brought to the market today.  Ground Zero of the distressed assets crisis was in the residential, residential securities (i.e. Residential Mortgage Backed Securities – RMBS) and Sub-Prime markets in 2008.  The commercial real estate market always seems to lag the residential markets and this downturn is no exception.  Unless you are Rip Van Winkle and just awoke from a great slumber, it would be hard for you to escape the avalanche of negative media about commercial real estate becoming the next financial Armageddon.  I personally, see the stress cracks in the market and anecdotally see individual assets implode, one after another, but I am far from sitting in the Armageddon camp.  I do think it is different this time.  I have expressed these views in other articles, if you are interested, but I won’t bore you with repetition.

Almost every time I attend these industry events, I am able to take away nuggets here and there that will help me help my clients.  The Summit was broken in to four parts.  I will try to give you a few of my own personal highlights of each section, as I saw them:

1.  Evaluating Commercial Properties and Partially Complete Construction: Land, Office, Retail and Industrial

Panelists: Bill Eshenbaugh, Eshenbaugh Land Company

Ed Kobel, DeBartolo Development

Chet Little, Foley & Laudner, LP

Doug Dieck, Ryan Companies US, Inc

Kobel’s Comments on demographics:

• Infill and Urban migration will be keys to the next commercial real estate development trends
• Boomers prefer a walking lifestyle and want to experience their golden years socializing with other people.  They want less stress in maintaining properties. That means they will largely exit residential suburbs and exurbs in favor of urban living arrangements.
• Generation Y, Z, Echo’s etc. will be forced to move in to Urban areas as gas prices will push through $5/gallon within the next decade.
• Light rail and public transportation will be keys and infill development will offer investment opportunities around station outlets
• Believes that “gap in equity” over the next 3-5 years with maturing CMBS debt will mean the brakes will be applied to real estate for the next 3-5 years, which he believes is the minimum time necessary to work through most of the distressed assets currently on or coming to market.

2.  Adding Value to Distressed Assets

Panelists: Ron Weaver,  Stearns, Weaver, Miller, Weissler, Alhadeff and Sitterson, PA

Todd Pressman, Chairman of the SWFWMD Governing Board

William Stanton, BB&T

Stanton on the banks’ position on handling troubled assets:

• If the borrower is paying insurance, taxes, some interest on the property, and the bank is upside down, the bank is much more apt to work with the borrower, than foreclose.
• In the past, the bank ordered an appraisal and if necessary, required the borrower to add equity or risk having the bank force the loan out of the bank or worse yet, face foreclosure.Transparency has become the key word for banks now.  If the borrowers are willing to disclose and be forthright with the bank, the bank will be much more willing to avoid aggressive adverse action against the borrower and property.
• The banks realize the problem is so large that they can not possibly handle all the problem loans if the situation is handled in the similar fashion in which they were handled back in the early 90’s.
• The RTC is not coming back.  The vibe is completely different this time around.  The Loss Share Agreement with BBT/Colonial has more years left and the FDIC does not have appetite to attack the problem loans like they have in the past, as it is still reeling from other losses and bank closures.

Pressman, on the topic of government budget cuts:

• If you think the delay for permits is bad now, just wait.  With all the financial cut backs recently, government has cut bone.  There will be serious log jams in permitting when the economy starts to turn around.

3.  Legal Strategies for Distressed and Foreclosed Projects

Panelists: Leigh Kellet Fletcher – Stearns, Weaver, Miller, Weissler, Alhadeff and Sitterson

Stephen Cunningham – LandQwest Commercial, LLC

Kristopher Fernandez, Attorney

Kellet-Fletcher:

• Changes in Storm water rules make entitlement on infill or reworked properties particularly risky
• On Community Development District Bonds (CDD’s)
  • Banks are hesitating on foreclosing. Why should they take foreclosure action when the CDD will follow them shortly to foreclose on the bank?
  • CDD’s have superior positions to all debt except IRS debt
  • “Oppenheimer (large owners of CDD’s) is going to own A LOT of Florida real estate”

4.  Transportation’s Impact on Future Development Opportunities

Panelists: Mayor Pam Iorio

Hills Co. Commissioner Mark Sharpe

Sharp & Iorio on light rail:

• Passionately spoke about the fact that Tampa loses business to other cities because it has one of the worst public transportation systems in the country
• Cited the example of TIA-CREF, the large financial services firm, that moved its operations to Charlotte, because Tampa had limited transportation infrastructure
• Sharpe feels like he is fighting an unwinnable fight in the world of economic development without a public transportation system.
• Is proposing a Sales Tax referendum to increase sales tax 1 penny to pay for light rail system
• The first leg of rail will run from downtown to USF, followed by downtown to Westshore, TIA and Westchase in that order
• Was asked if a sales tax is the best way to raise funds, because it is a regressive tax, hurts retailers most, and is punitive to property owners, and is counter-intuitive to building an environment of pro-business.  His response was that we could not achieve light rail without a new source of funding.  Cutting waste in government is not an option and would not generate enough funds to achieve their goals.
• Recognizes it is not a good time to be asking for money, but passionately believes that light rail will make us more efficient stewards of business, education and the environment
• They were asked why we should invest in light rail if less than 2% of population would use it on any given day.  Sharpe’s response was that there are few roads in Hillsborough County that carry 2% of the county’s population, and there are no tolls to pay for these roads, yet we build and maintain the roads for the good of the entire county. Light rail is no different, except there is fee to use the system and light rail can carry many times more people, much more efficiently than the current car and road system.