Commercial loan pitfalls for the small investor

02/4/2010 12:54:00 AM

Commercial properties fall into a liquidity trap where a property cannot be refinanced even when payments are current.

Many such deals were structured as so-called “tenant-in-common” ventures, known by the acronym TIC. Often, the TICs took out commercial mortgages that were packaged into commercial-mortgage-backed securities…much of the $223 billion of CMBS debt coming due between now and 2013 is in the form of mortgages of less than $50 million…TICs surged in popularity after the Internal Revenue Service said in 2002 that they could be used by investors to defer capital-gains taxes from the sale of “like kind” properties…If the $14 million mortgage had been held by a bank, it might have been refinanced or modified because the owners were current on their payments when it came due. But the Cherry Road loan, made by KeyCorp, was sold off as CMBS to investors by Merrill Lynch & Co., now part of Bank of America Corp. When the loan matured in April, the owners couldn’t refinance the debt,

Refinancing of bubble era commercial loans is difficult as lenders tighten standards, require higher cash flow and lowering loan to value ratios. Interest only loans have also gone the ways of the dodo. The tightening of standards is a result of the collapse of the loan securitization market. Now that these new loans will end up in the bank’s own books, there’s no wonder why they are hard to get. The easy money days of loan securitization are over.

Five years ago we paid about $13 million with about an $8 million mortgage. It has been cash flowing to us investors, but the loan is due to change from interest only to a higher rate which would wipe out all cash flow to us investors…No new bank will come in and do a 100% loan-to-value loan. They will want cash flow to be 1.2 times the amortized loan payments and you are at 1 times cash flow now.


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