e-Newsletter
October,
2010
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Pathfinder
e-news is a complimentary publication for lenders, loan
servicers and commercial real estate professionals
dealing with issues and trends relating to commercial
loans and real estate. If you have colleagues who may
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THANKS
FOR WRITING IN
Thanks to those of you who have written
in. Please keep those cards and letters coming - we
welcome your feedback.
We took a bit of heat for our recent piece
titled "Turning Japanese?" about deflationary trends. To
clarify, we see considerable slack in the economy, as
evidenced by the high jobless rate, soft consumer spending and
reduced demand for loans by corporate borrowers (not to
mention that the banks aren't doing much lending). Clearly,
the Fed is pulling out all the stops to add to the money
supply in order to create inflation and we're mindful of the
old saw, "You can't fight the Fed." In fact, friends in the
know indicate that they're expecting ten-year Treasury yields
to soon fall to 2.0%. At some point, that could spark more
lending and spending and lead to inflation. We just think it's
going to be years - not months - in the future.
One of our loyal readers reminds us to strive
for balance in our content and also to chime in periodically
with specific, actionable suggestions - how to capitalize on
some of these trends we're observing. We're doing more of that
here and will be mindful of this sage advice in future
editions.
Another loyal reader and friend says, "Many
people would rather be optimistic than prepared. I would
rather be educated and prepared for the worst while hoping for
the best...but hope is never a viable investment strategy."
Amen.
And this note from a loyal reader for the "up is
down and down is up" department: "The way I see it, it's time
to buy bank stocks as, with the foreclosure crisis all over
the news, the government now has another excuse to give the
banks money for nothing, which will, of course lead to another
market surge. Honestly, every day, I just can't believe what's
going on. Imagine if the banks had to mark to market and also
take responsibility for the junk they passed on when they
securitized their loans. Good buy banks (pun intended). Yet,
the market just keeps running up. The longer this goes on the
worse the outcome will be. Look at foreclosure numbers for
September - another record...isn't the housing market supposed
to be improving? What about all the commercial paper coming
due starting in 2011? We are still in the middle of the
financial meltdown and the game keeps getting
extended."
Several of you have asked about guest-writing
features for upcoming newsletters. If you have expertise in an
area that could be of interest to our readers, please email us
at info@pathfinderpartnersllc.com with
information about your proposed subject matter - we will be
happy to consider it for a future
edition. |
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CHARTING
THE COURSE
What's
Most Important? By Mitch Siegler, Senior Managing
Director
Several times
each week, we receive an inquiry from a banker or broker on a
potential investment opportunity we looked at six to 12 months
earlier. Often, we didn't gain traction because the
selling bank's price expectations were unrealistic or the
seller didn't establish a clear timetable for concluding the
sale or didn't have a clear exit strategy (sell the loan,
foreclose and sell the property, negotiate a deed-in-lieu of
foreclosure with the borrower and then sell the property,
etc.). When we think about these snafus, we're reminded of the
line from the film, The Princess Bride: "You fell
victim to one of the classic blunders - the most famous of
which is never get involved in a land war in Asia - but only
slightly less well-known is this [and we paraphrase here, all
you cinema buffs]...never sell a bank asset without first
determining 'what's most important?'"

There's a scene
in Winnie-the-Pooh when the bear is asked whether he
wants honey or condensed milk with his bread. His reply:
"Both." That's a pretty good metaphor for how too many
financial institutions with troubled real estate assets
(redundant - that's pretty much all financial institutions
today) have been behaving for the past several years.
Here's the
scene: The borrower is in payment default and the loan has
matured. In exchange for a loan modification with a new
amortization schedule and an extension of the maturity date,
the bank wants the borrower to bring the loan current, pledge
additional collateral and/or make a large principal pay-down
and then be prepared to stroke a big balloon payment to repay
the loan in full at maturity. (And you would like a new G5 and
we would like a new pony but that's kind of beside the point).
Anyway, the borrower can't (or won't, because he's underwater
on the property) make the payments and can't refinance (since
current loan underwriting standards would require that he
write a big check - which, even on the odd chance that it
would clear, he wouldn't do because he has no equity).
So, it's crunch
time for the bank. Faced with a defaulting borrower, the bank
immediately moves to foreclose on the property, right?
(Actually, until recently in the current cycle, it's been
quite the opposite.) For the past several years, "amend and
extend" (aka "extend and pretend") has been the mantra in the
halls of most banks, big and small. The regulators, too, have
supported this "kick the can down the road" approach, urging
banks to work things out with their borrowers. So, as summer
turns to autumn and as the fall leaves give way to the winter
snow, the problems mount. In bank boardrooms from coast to
coast, bankers and directors have parsed the details of this
or that half-built condo project, partially-improved
residential subdivision or empty office or industrial building
in what was once envisioned as a burgeoning new community on
the outskirts of Phoenix, Vegas, Tampa, southern California's
"Inland Empire" or [insert your favorite troubled real estate
market here]. The conversation turns to the long list of
mechanic's liens, the peccadilloes of that particular
recalcitrant borrower or ne'r-do-well guarantor and the long
list of headaches that would accrue to the bank's OREO (other
real estate owned) department in the event of a
foreclosure.
So, troubled loans come to the proverbial
fork in the road and, to paraphrase that great American
philosopher, Yogi Berra, they take it (the fork, that is).
Some borrowers get an actual reprieve, through a workout or
restructuring. Others gain time because the bank often doesn't
deal with the issue quickly and aggressively. Sometimes, the
bank forecloses on the property and, after about 120-180 days
(in California and other non-judicial foreclosure states), the
bank takes title to the property and lists it for sale.
Sometimes, banks skip this step and jump-start the process by
selling the loan to groups like Pathfinder, which are well
equipped (better than some selling banks) to deal with a whole
host of issues on the loan (foreclosure, litigation, etc.) and
the property (completing construction, lease-up and/or sales,
etc.).
Whether the
bank is on the quick path (sell the loan, cut our losses and
move on) or the slow boat to China path (which may include
borrower delaying tactics, sloth-like behavior on the part of
the bank, an extension or two followed by an eventual
foreclosure and potentially costly carrying costs for property
taxes, insurance, security, maintenance and more) - it's
decision time. The thoughtful special assets manager (or
hopefully, senior bank executive) needs to ask "What's most
important?"
Is the bank
primarily motivated to effect a transaction quickly? Is the
main goal to maximize the selling price - damn the torpedoes -
however long it takes? Is avoidance of liability ("Above all
else, let's not step into the chain of title on this one,
boss!") the bank's principal objective? Or, maybe bank
executives are honors graduates of the "No more good money
after bad" school, focused on conserving every last nickel
(even if the landscaping on the desert community turns brown,
well past the point of no return, because someone in
accounting wanted to save $100 on the water bill - if the
ultimate buyer requires tens of thousands in price concessions
for new trees, shrubs and lawns as a result?). We've seen all
types but there's nothing more frustrating than the
Winnie-the-Pooh bank that wants everything (read
"really doesn't know what's most important").
Working out of
a troubled commercial real estate asset is akin to executing
any complex business plan. It involves a series of tradeoffs
including maximizing net recovery, giving effect to additional investments, recovering on
legacy loans, leaving the door open for new loans to good
borrowers, making good use of executive time, recovering in a
reasonable period of time and managing the overall "risk vs.
reward" equation. Is it possible to obtain a higher price if
we hold that land for another five or ten years? Absolutely!
Is land speculation the business a small to mid-sized
commercial bank should be in? Hmmm, maybe not. Could the bank
realize more by foreclosing on the half-built condominium
project, dealing with the previous contractors (or hiring a
new team) and overseeing completion of construction, building
a sales organization and selling condos retail over the next
few years? It's very likely they could. Are there risks and
costs associated with such a strategy? To quote Sarah Palin
(for the first and last time), "You betcha."
Recently, we've
been impressed by several banks selling their assets where the
bank's point person had a very clear sense of strategy. Maybe
this came down from the top or perhaps these individuals
simply acted in strategic and thoughtful ways. One astute
lender was crystal clear on his alternatives and knew that
foreclosing on the borrower and stepping into the chain of
title on a certain half-built condo project probably wouldn't
be a walk in the park. He realized that maximizing recovery,
in a reasonable period of time trumped getting the last nickel
and running the risk of further delays, costs, litigation and
other such headaches. Not to mention what might happen if the
market took another turn for the worse. We and our partners
(the buyers) are happy with the outcome, the seller (this bank
executive and his bosses) are happy with the outcome and the
transaction was concluded quickly - no muss, no fuss. It may
be rocket science but we think it begins with having a
strategy and answering the question, "What's most
important."
Mitch
Siegler is Senior Managing Director of Pathfinder Partners,
LLC. Prior to co-founding Pathfinder in 2006, Mitch founded
and served as CEO of several companies and was a partner with
a boutique investment banking and venture capital firm. He can
be reached at msiegler@pathfinderpartnersllc.com.
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FINDING
YOUR PATH Your New Low-Rate Home Loan
- Good Luck with That! By Lorne Polger, Senior Managing
Director
I'm one of
them - a serial refinancer. My wife and I purchased our
current home in 1996 in a lovely seaside community in
California. We scraped together every last nickel to purchase
a brand new, 4-bedroom, 3-bathroom house that was the right
size, in the right location. We knew back then, that this was
a house we could raise our very young children in, a place
where the kids could go to public school, and a place they
would be able to meet their friends. Funny thing, 14 years
later, we were right.Our first loan was a doozy. I really
felt I got a bargain with an 8% fixed rate loan, especially
when comparing it to my first home loan of 10.95% back in
1989. The payments were tough; I was a newly crowned partner
at a downtown law firm, working 80 hours/week, and we
struggled those first couple of years, having no extra dollars
for vacations or furnishings for the house. But we trudged on,
feeling optimistic about my future earning potential, and
secure in our knowledge that we lived in a home that we could
grow old in.A
couple of years later, in 1998, I checked interest rates and
saw that rates had come down, and the value of t he house had gone up. Great; we'll pull a
couple of bucks out so we can furnish the house and reduce our
rate, too. Sure enough, 8% became 7%, all was good and I
stopped calling 800-loanquote.A couple of years later, around
2000, I checked interest rates again (see a pattern here?) and
saw that rates had come down, and the value of the house had
gone up further. Great, I thought. We'll pull a couple of
bucks out so we can redo the floors and reduce our rate, too.
Sure enough, 7% became 6%, all was good and I stopped browsing
loanquotes.com. A few years later, around 2003, I
started checking interest rates again (just can't help myself)
and saw that rates had come down and the value of the house
had gone up. Great; I'll pull a couple of bucks out for a
vacation and the kids' college funds, and reduce my rate at
the same time. Sure enough, 6.0% became 5.2%, and all's right
with the world. Finally, I rested, knowing that now we had the
absolute lowest possible home loan rate in the history of
mankind.Oops.
Who knew? Teaser rates starting in the 3's? Fixed rates in the
low 4's?? No costs, no fees, no appraisals, no hassle, no
fuss, no muss??? As one home loan advertiser on my favorite
L.A. news radio station likes to say: "It must be the biggest
no brainer of all time." I just couldn't believe it. Can rates
really be that low? Can it really be that easy? I was destined
to find out.After spending about 35 hours
scouring the Internet for rate quotes (at Pathfinder, we leave
no stone unturned), I settled on the game plan of approaching
my current lender, a large money-center bank. After all, I had
been a loyal customer for seven years, had paid down my
existing loan by over $60,000, had never been late with a
payment, had an enviable FICO score and was one of the few
people in the free world with equity in my home. Boy, this is
going to be a cinch. My financial statement had grown over the
seven-year period, the LTV of the requested conforming loan was
a paltry 30%, and I was going to reduce my amortization
schedule with a 20-year loan. Winner, winner, chicken dinner.
Should get this all wrapped up in about ten
days.Week 1: Smiling Bob,
the trusty "New Loan Origination Expert," fielded my initial
call. Boy, was Bob excited. "Lorne, this is great, we would
love to refinance your home, I think this is going to work out
really well." Phew, I was relieved. I heard the process had
become brutal, but Smiling Bob put my fears to rest. "This is
going to be easy, I'm so glad you called. Let me take a little
information from you and I'll get back to you tomorrow," Bob
said.Week 2: Voice mail
from Bob nine days after our initial exchange and after my
fourth email. I could see Bob smiling on the other end of the
phone. "Great news, Lorne, I think we've got this one covered.
I know you want the 20-year loan, and we just came out with a
great deal on those. It's only 4.625% with two points; give me
a call back when you can." Wait a minute! I found three quotes
from my Internet searches at 4.25% with no points and no
costs. What's going on? Feels like a bait and switch. "Okay,
if you can provide us with a legitimate rate quote from
another money center bank, we'll do our best to match it," Bob
said. Well, that's no easy feat. Lots of folks will provide
you with a verbal quote, but getting anything in writing these
days is a little like waiting for Godot. I was finally able to
convince some unsuspecting, neophyte loan officer at another
money center bank to email me their current loan rates. Ding,
ding. Smiling Bob backs off, calls me back the next day and
says "Boy, I don't know how my manager was able to approve
this one, but it looks like we'll be able to get you 4.25%
with no points." I felt like I just walked out of the used car
sales office. But I'm a family guy, so I take one for the
Polger family team and trudge forward.Week 3: Smiling Bob
introduces me to Friendly Dick, the trusty "Loan Processing
Expediter". Friendly Dick hits me with a "short list" of
required deliverables. Lots of stuff you would expect: two
years' tax returns, loan application, bank account
information, etc. He reassures me this will be an easy
process. "Couple of weeks, start to finish, no big
deal."Week 4: Friendly Dick says, I spoke to "THE UNDERWRITER"
(actual name never provided; I conjure up a mental image of
the WWE wrestler, the Undertaker; about 6'10'', oily black
hair, sweaty shirt, in a dark cubicle in a warehouse in
Phoenix, growling and barking at Friendly Dick, Happy Harry,
and the rest of the Loan Processing Expediters. "He's going to
need a few more things. I'll send you a list under separate
cover." Separate cover? Why? Is the list so long that it can't
fit in one email?Week 5: Okay. Deep
breath. Now, I've spent 30 hours searching for (i) the missing
2004 K-1 from a $10,000 investment; (ii) copies of six
cancelled checks that I deposited in my account over the last
year (how did they get this information?); (iii) the 1990 loan
payoff statement from my wife's condo in Denver; and (iv)
written confirmation that the 1992 lease on the Grand Cherokee
was, in fact, terminated. Friendly Dick says, "It's really
important that we get all of these documents, THE UNDERWRITER says
we can't move forward without them." Smiling Bob emails asking
how everything is going. Sigh.....Week 6: Garage now
in shambles from searching through eight banker's boxes of old
records. Receive a short follow-up request from THE UNDERWRITER via
Friendly Dick. "Can you please send me audited year to date
financials on Pathfinder?" Enough is enough. I get Friendly
Dick and Smiling Bob on the phone together. "Guys, it really
feels like you don't want to make me this 30% LTV loan." "Oh,
no, not the case, we know this is a pain, but you know THE UNDERWRITER,
he's really a stickler for details." "But, guys, this is a
simple refinance of a conforming loan from an existing
borrower with a perfect payment record - and a 30% LTV," I
respond. "We know, we know, anything we can do to help you get
those final documents, just let us know, we are here for you
Lorne," they say. I cancel plans for the closing dinner
celebration.Week 7: Friendly
Dick: "Uh, Lorne, I know this is getting tedious, but you know
these UNDERWRITERS.
Listen, we're down to the short strokes, just a couple more
things. You mentioned that your family came from Eastern
Europe. Do you have any references back there?" Lorne:
"Friendly Dick, my grandmother emigrated in 1912. She lived in
a village near Minsk. Are you kidding me?" Friendly Dick:
"Well, THE
UNDERWRITER is asking. Do you know anybody in
Belarus?"Week 8: Friendly
Dick emails with the subject "GREAT NEWS." I'm so excited I
can hardly wait to open it. "THE UNDERWRITER has
approved the loan, now all we need is committee approval, and
they usually don't require that much additional information."
Committee approval? More information?? "Friendly Dick, who's
this committee? What more can they possibly require?" "Well, I
wouldn't worry, we're here for you, Lorne," he
says.We finally
closed last week. I think you get the drift. Given the
dramatic numbers of U.S. households upside down on their
current mortgages (I've seen some estimates of over 11
million!), it's probably not a surprise that the risk pendulum
has now swung the other way. At the prime bubble peak in 2006,
folks were pulling $80 billion/quarter from their home equity
piggy banks. Today, just the opposite is occurring. Nearly
one-third of all refinancings are borrowers lowering their
risk and debt load by reducing their amortization. How
un-American of us!So, go ahead and try to get that
loan; just don't come whining to me when they ask you for the
status of your great uncle Fred's Visa
card.Lorne
Polger is Senior Managing Director of Pathfinder Partners,
LLC. Prior to co-founding Pathfinder in 2006, Lorne was
a partner with a leading San Diego law firm, where he headed
the Real Estate, Land Use and Environmental Law group. He can
be reached at lpolger@pathfinderpartnersllc.com. |
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ZEITGEIST - SIGN OF THE
TIMES
A
compendium of notable news articles relating to the economy,
commercial lending and real estate which we've edited and
commented upon.
Banks
Keep Failing, No End in Sight; Good Opportunity for
Biggest/Strongest
The
largest number of bank failures in two decades has added to
job losses, dried up lending and left surviving banks with
less competition and more pricing power.
Nearly
300 banks have failed in the past two years, since Sept. 25,
2008, when Washington Mutual became the biggest bank failure
on record. WaMu's seizure eclipsed the failure of Continental
Illinois in 1984; WaMu has seven times Continental Illinois'
assets. 25 banks failed in 2008, another 140 in 2009 and 129
so far in 2010. Fewer than 40 banks failed in the preceding
six years. There are now 829 banks on the FDIC's "problem
list", up from 702 at the beginning of the year.
In
a recent report, the Congressional Oversight Panel on TARP
indicated that the number of U.S. banks could fall to 5,000,
from about 8,000 today, over the next decade as a result of
seizures and failures. In the short-term, the contraction
threatens banks' capital, lending to businesses and the
overall economy. In the longer-term, though, the consolidation
could serve to cleanse the banking industry and result in a
healthier financial sector since many of the failed banks are
relative newcomers which grew too fast and made loans that are
now seen as excessively risky.
The
poster child was the 9-branch bank of Imperial Capital
Bancorp, in our backyard of La Jolla, CA. Imperial, which
specialized in real estate lending, stretched beyond its home
market and lent nationwide. The bank doubled its assets to
$4.1 billion from 2003-2008, according to an FDIC report.
Then, Imperial purchased $826 million of mortgage-backed
securities. When it was seized in 2009, real estate accounted
for more than 95% of its loans, compared to less than 35% for
its peers.
Many
analysts believe the impact to the financial system from the
current crisis has been far greater than the S&L crisis of
the late '80s-early '90s. Not only have government rescue
measures been far more sweeping this time, the weakness in
homebuilding and commercial real estate has continued to
dampen economic growth.
[Editor's
Note: While there may be better investment opportunities for
financial institutions in the months ahead, it's interesting
to note that some of the largest financial institutions are
trading at generational low price-to-earnings ratios and
multiples to book value. And, they're likely to benefit from
FDIC seizures of their smaller brethren and consolidation in
the banking industry. Bears would argue that earnings may be
poised for a further decline and book values may be misleading
if large write-offs are ahead. It's pretty clear that
Washington has brought the largest U.S. financial institutions
"inside the tent." Long-run,
investments in mega-banks like Bank of America (P/E of 26.4
and .63x book value), Wells Fargo (P/E of 10.4 and 1.22x book
value) and investment bank Morgan Stanley (P/E of 13.1
and .87x book value) may prove lucrative.]
"Junk"
Debt Defaults Near Pre-Crisis Low
Corporate
debt-default rates are expected to fall to the levels prior to
the financial crisis of September, 2008, good news for the
most troubled U.S. companies and their lenders.
Moody's
expects the U.S. default rate to fall below 3% by December, a
stunning drop from the 14.6% peak of November, 2009 and below
the default rate of 3.1% from August, 2008, the height of the
financial crisis. "The rebound is breathtaking," said David
Keisman, a Moody's senior vice president.
The
measure reflects the percentage of companies with "junk"
credit ratings that failed to meet debt obligations during the
trailing 12-months. The rate's stunning decline suggests the
corporate bloodletting following the collapse of major
financial institutions like Lehman Brothers, AIG and Fannie
Mae may have peaked and are heading in a positive direction.
If it continues, that should be a boon for hiring and - at
some point - help bring down nation's record high unemployment
rate.
The
improvement is also visible in a new Moody's report profiling
the "Bottom Rung," which tracks companies most in danger of
debt defaults. At the peak, in June, 2009, 288 companies with
Moody's ratings of BBB or lower were on the list; today, just
195 remain.
[Editor's
Note: Historic low interest rates have clearly had an
extraordinarily positive impact on "junk"
default rates. While rates are likely headed lower still in
the months ahead, many smart investors are betting on
inflation and higher rates in the years ahead. That likely
augers for higher (much higher?) default rates for weaker
borrowers.]
Europe
Debt Crisis Is Over, Declares Spanish
Leader
Spain's
Prime Minister, José Luis Rodríguez Zapatero, declared that
the European debt crisis is over but said governments must
work better together to prevent such events in the
future.
"I believe that the debt crisis affecting Spain, and the euro
zone in general, has passed," Mr. Zapatero said in an
interview with The Wall Street Journal in late
September. Mr. Zapatero expects no contractions in Spain's GDP
in coming quarters and offered a strong defense of Spain's
economy and the austerity package he has pushed through
Parliament. "Confidence has been restored," says Mr. Zapatero,
particularly after the country released results of tests that
evaluated the soundness of its banking system in
July.
[Editor's
Note: There are an estimated 2,000,000 unsold homes in
Spain.]
Las
Vegas Faces Deepest Downturn Since 1940s
Many
cities - including Houston, Denver and Seattle - are seeing
signs of a rebound from the worst recession since the Great
Depression. No such luck for Las Vegas.
The
nation's playground is crushed under a perfect storm of
economic forces that has sent Vegas into its worst slump since
east coast mobsters first began building casinos in the Nevada
desert in the 1940s. While Las Vegas officials and hoteliers
remain hopeful that gambling and lodging revenues will rebound
with the nation's economy, experts project that it will not be
enough to offset even bigger pressures brought on by this
recession - the collapse of the construction industry, the
city's other main economic support.
Las
Vegas' unemployment rate is now 14.7%, the highest of the
nation's largest cities and a nearly four-fold increase from
the 3.8% rate of ten years ago. Nevada also leads the nation
in housing foreclosures - for the 44th consecutive
month.
While
Las Vegas Mayor Oscar Goodman remains "very bullish on our
future," he notes that the present is not so rosy. According
to Goodman, "Our daily room rate average is not what it was.
Our hotel room rates are bargains now. People aren't spending
on gambling as they have in the past. Ordinarily, Las Vegas
was the last to go into a recession and the first to come out.
This one is different."
[Editor's
Note: Pathfinder has underwritten dozens of potential
investment opportunities in Las Vegas over the past several
years. We've not been able to make any of these deals pencil -
even at acquisition prices of 20-30% of peak values. To date,
we've made precisely zero investments in Las Vegas and are
more concerned about the market - because of the sky-high
unemployment and foreclosure rates, large housing inventories
and massive losses of population - with each passing
month.]
On
Consumer Credit and Consumer Spending
Trends
Retailers
have been expanding at a frenetic pace for years. A parsing of
the data suggests that much of their optimism is based on
historical consumer spending, much of which has been driven by
consumers' insatiable appetite for credit - until
now.
Consumer
credit grew from about $1.5 trillion in 2000 to $2.4 trillion
in 2010 - a 60% increase. During this same decade, Target grew
its store count 75%, from about 1,000 to 1,750. Lowe's grew
from 600 to 1,700 stores - a 183% increase. And Kohl's grew
its store count by 250%, from 300 to 1,050. Even giant
Wal-Mart more than doubled its stores, from 4,000 to
8,500.
To
retailers, same-store sales growth is the Holy Grail, which
tells the story of how productive those new stores are and
whether they're cannibalizing the pre-existing store base. In
Target's case, the company has 340 more stores than five years
ago, $12 billion in additional sales and virtually the same
profit. Kohl's fared even worse with 240 more stores than in
2005, $1.6 billion in additional sales and $100 million less in profit.
Lowe's brought up the rear - 500 more stores than in 2005, $4
billion in additional sales and $1 billion less profit.
Wal-Mart kept the profits flowing, due to its aggressive
international expansion.
 Why
the downward profit (and same-store sales) trends? The
American consumer
is deeply
in debt. Much of the retail spending during the past decade
was driven by mortgage equity
withdrawals. Using your home as an ATM today - fuggedaboutit.
There are about
15
million unemployed Americans. Home equity is at an all-time
low and about
one-fourth of homeowners
are under water. Yet, consumer spending
still accounts for 70% of GDP. To return to
equilibrium in the
new era, consumer
spending likely needs to return to 65% of GDP, which would
require an annual reduction in consumer spending of about $800
billion. Target, Lowe's, Kohl's and other large retailers (and
many
other consumer-based businesses) are only now coming to grips
with the implications of these massive forces on their
businesses in the years ahead.
At
Current Pace, Special Servicers Have 13-Year Supply of
Workouts
We're
indebted to the folks at KCV Capital, who parsed through the
August special servicing data and made several interesting
observations:
- Loans in
special servicing increased to $90.8 billion - 248 loans
with a balance of $5.2 billion were transferred to special
servicing in August. About $3.2 billion, or 61% of the loans
were issued in 2007. Approximately 11.7% of all outstanding
CMBS loans are now in special servicing.
- Special
servicers liquidated 95 loans with an original balance of
$583 million - This is a sharp drop from the July level -
200 loans with a balance of $1.0 billion. The total loss in
September was $354 million, or 61%. Year-to-date, 839 loans
with an original balance of $5.0 billion have been
liquidated with losses of $2.2 billion, or 44%.
- Large (over
$10 million) loans were liquidated at a loss rate of 69% -
17 large balance loans with a combined balance of $334
million were liquidated with a loss of $230 million, or 69%.
Another 78 small balance (below $10 million) loans with a
combined balance of $249 million were liquidated with a loss
of $124 million, or 50%.
- At the
current pace, there is almost a 13 year supply of workouts -
Dividing the total amount of loans in special servicing
($90.8 billion) by the August loan liquidations ($583
million), indicates it would take another 155.7 months, or
almost 13 years to work through all of the loans.
[Editor's
Note: Our special servicer and receiver friends report that
they're busier and busier with each passing
quarter.]
"Canada's
Warren Buffet" Betting on Deflation
Fairfax
Financial Holdings, Ltd., a Canadian insurance company, has
spent nearly $200 million to buy derivative contracts wagering
on a decline in the consumer-price index, an indicator of
inflation. The hedge could generate huge profits if deflation
occurs.
Fairfax
purchased some derivatives in the first quarter of 2010 when
deflation wasn't on most radar screens and the cost of such
protection was cheap. The insurer added to its position in the
second quarter and the value of the derivatives is now up 50%.
The derivatives are meant to protect Fairfax's $22 billion
investment portfolio.
Paul
Rivett, Chief Operating Officer for Fairfax's Investments
department, says "We are extremely concerned about a double
dip in the economy and about a deflationary environment."
Fairfax was founded in 1985 by Prem Watsa, who has been called
Canada's Warren Buffett. The company's stock price has
quadrupled, from C$100 to more than C$400 in the past four
years. Fairfax believes U.S. households have just begun
reducing borrowing and increasing savings, which they expect
will lead to lower spending, higher unemployment and
deflation.
[Editor's
Note: We've been squarely in the deflation camp for many
months and expect the trend to continue as the Fed follows its
quest to drive down long-term interest rates. At the end of
the day, though, it's hard to imagine we won't have to pay the
piper for such profligate spending, which means inflation at
some point down the road.]
Toll
Brothers in Black for First Time in Nearly Three
Years
After
a very rough few years, luxury homebuilder Toll Brothers, Inc.
posted its first quarterly profit since 2007 in the quarter
ended July 31. Toll earned $27.3 million ($.16/share),
compared with a loss of $472 million (-$2.93/share) for the
same quarter in 2009. Gross margin rose 3.5 percentage points
on a 1.6% drop in revenue. The results surprised Wall Street,
where analysts had expected a -$.14/share loss for the
quarter.
QE2:
How to Play
it
The
Federal Reserve has been actively engaged in quantitative
easing - the process by which the Fed
buys massive quantities
of bonds to drive down interest rates with the aim of
preventing the economy from unraveling
- since last year. Now, news reports abound about a second
round of quantitative easing - QE2 - this fall.
The bond market's big rally
over the past several weeks signals that investors are
convinced that QE2 is a done deal. In-the-know friends are
calling for the yield on the 10-year Treasury bond to fall to
2.00% from its recent level of 2.33% (and 3.01% just 12 weeks
ago) by year-end. More than 70% of institutional fixed-income
investors polled recently by Jefferies & Co. expect the
Fed to announce more QE at its Nov. 3 Federal Open Market
Committee meeting. The idea is that it would further reduce
borrowing costs, particularly mortgage rates and help spur
economic growth.
QE2
- estimated at $500 billion to $1 trillion - would dwarf the
$300 billion in Treasuries the Fed bought during QE1 in 2009.
Lower rates would mean more pain for savers and those on fixed
incomes, hurt the value of the dollar and spark inflation
fears. It could, however, generate renewed interest in
Treasury Inflation-Protected Securities (TIPS); prices have
been climbing steadily for two months.
[Editor's
Note: A recent piece in David Rosenberg's "Breakfast
with Dave" caught our eye.
"Rosie" is the Chief Economist for Canadian
wealth management firm Gluskin Sheff. He points out that since
1999, the yield on the two-year Treasury Note and the S&P
500 stock price index have had a 75% positive correlation;
when one goes up, the other follows, and vice versa, 75% of
the time. He notes a massive divergence since late 2008 - with
the two-year yield heading south and the S&P 500 index
rising about 70% - during that time. He thinks that's
unsustainable and something has to give. We think Dave's on to
something.]
Faulty-Foreclosures
Spur Moratoriums, Mayhem
The foreclosure
crisis continues to expand like ink from a leaky fountain pen.
Lenders and loan servicers face an explosion of homeowner
lawsuits and state attorney general investigations for claims
of falsified mortgage documents. Congressmen are calling for
additional investigations; this could grow into a major issue
just weeks before mid-term elections. There are massive
concerns that procedural errors relating to mortgages may
cloud title, plaguing both buyers and sellers for
years.
GMAC Mortgage,
JPMorgan Chase, PNC Financial and Bank of America, among
others, have ordered a moratorium on foreclosures that might
have been done improperly, potentially stalling foreclosures
for months. Banks are taking homes off the market and buyers
are retreating from buying foreclosed homes, concerned about
potential liabilities. Meanwhile, bank stocks are plummeting
and the price of credit default protection is rising as
investors push banks to take back nonperforming mortgages in
cases of faulty documentation.
Many housing
analysts are concerned about whether loans were securitized
properly. In 2004-2007, when residential mortgage back
securities (RMBS) were sold by the truckload, originators
rushed to securitize the loans. Now, buyers of RMBS may claim
fraud and demand that the originator repurchase the loans at
par. And if the originator can't buy back the loans? That's
where the government steps in. Oh, and among the largest
owners of these loans and securities - Fannie Mae and Freddie
Mac, both owned by Uncle Sam.
[Editor's Note:
One reader sent us the following note in an attempt to quell
any anxiety we may have over these issues hurting our delicate
economy: "Even if this problem does gain traction and
explode, expect the federal government to step in with some
new convoluted approach that somehow buries the issue in the
abyss, also known as the deficit, and, voila, all is good
again."]
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TRAILBLAZING:
BLAIRWOOD TOWNHOMES, CARMICHAEL, CA Providing
affordable housing, creating local employment and improving a
neighborhood
In the fall of
2009, Sacramento, California was the poster child of
California's collapsing housing market. A local developer,
overleveraged and drowning in debt, had already lost several
projects to foreclosure. He had defaulted on the loan on this
new, 20-unit townhome development in Carmichael, a suburb of
Sacramento. Blairwood, a well-designed and stylish
attached-home community, was created for those desiring fresh,
clean and modern living space without the demands of
maintaining a yard.
As the note went
unpaid for months, the lender was staring at the prospect of
foreclosing on an 80%-complete development in one of the
nation's hardest-hit housing markets. To complicate matters,
one unit had been sold so the lender was faced with the
complications of a fractured community as well as issues with
the homeowner's association and a four-to-six month
construction project estimated to cost $1,000,000. Faced with
these realities, the lender sold the remaining 19 units to
Pathfinder in December, 2009.
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| Blairwood
Townhomes, Carmichael (Sacramento County),
CA |
Pathfinder
worked with Sacramento general contractor, Premier Homes, to
value-engineer the project and complete the remaining
construction. Premier completed the project in just four
months, below budget, helping to turn an abandoned eyesore
into an attractive, move-in-ready townhome project.
Concurrently, Pathfinder and its consultants and advisers
obtained California Department of Real Estate approval to
convert the project from one to three phases, streamlining the
process by which buyers could obtain low-cost Fannie Mae
financing. (Fannie Mae requires that a project be 50%
pre-sold, which is an easier threshold to achieve with fewer
units in a phase.)
Because
Pathfinder was able to reconstitute the cost basis of the
project and value-engineer the remaining construction, we were
able to price units from just $170,000, an affordable
price-point in the Sacramento area. Pathfinder also created
local jobs and turned a stalled, partially-built development
into an attractive fixture in the community. Additionally,
Pathfinder found creative solutions to buyers' particular
circumstances; in one instance, Pathfinder provided seller
carry-back financing when a buyer could not obtain approval
for a home loan in today's strict lending market. After nine
months, two-thirds of the units at Blairwood have been sold or
are under contract and Blairwood is a thriving
community.
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NOTABLES
AND QUOTABLES
"America is
declining at a rapid pace while China is expanding at an
equally rapid pace."
- George Soros, founder of Quantum Fund
"The Fed has run out of the strong
tools, and is turning to weak ones. When you're fighting in a
foxhole and you've used up the machine guns and hand grenades,
then you pull out the sword and start throwing
rocks."
- Alan Blinder, former Federal Reserve Vice
Chairman
"[Our]
monetary policy [has been] based on endless expansion, endless
money printing. It has fueled an enormous amount of debt
growth. We have $52 trillion of debt on a $14.5 trillion
economy. That's a leverage ratio of 3.6 times GDP. It's off
the charts, historically. Go back to 1980 and for 110 years
before that and the leverage ratio was about 1.6 times. So,
we're lugging around about $30 trillion of excess debt. We are
going to have to be honest with the American people and say we
are, unfortunately, going to have to pay a lot more in taxes
to fund the government. I think we are going to have almost no
economic growth for 5-10 years. We are going to be in debt
liquidation. I think unemployment is going to stay exceedingly
high. It will go into the double digits and stay there. I
think the stock market is an accident waiting to happen right
now. Once the market realizes that the earnings that are being
capitalized are phantom, we are going to have a day of
reckoning."
- David Stockman, former Director of Office of Management
& Budget
On modernizing Fannie
Mae, Freddie Mac and privatizing the mortgage
market:
"I don't think we are going to
modernize Fannie and Freddie very soon. Fannie and Freddie
hold the preponderance of mortgages in the U.S. They provide a
subsidy to households. If you turn it over to the private
sector, households will have to pay more."
- Henry Kaufman, former Economist for the Federal Reserve
Bank
"Non-Fannie
and Freddie mortgages trade in the 6-to-8 percent category, as
opposed to the 3˝-to-4 percent category [for Fannie and
Freddie mortgages]. Those that argue for a more private
orientation toward housing - that may be fine 10 to 15 years
out. But, over the next five years, the private market can't
really step in for Fannie and Freddie."
- Bill Gross, Managing Director, PIMCO
"...The problem preventing the
private market from taking over the burden is a lack of loss
recognition. Because Fannie and Freddie are effectively
government agencies, they are willing to pretend to continue
in the game in ways that the private sector wouldn't.
Remember, the leveraging we saw in the 2000s was driven by
government subsidies. Fannie, Freddie and the FHA went to
unprecedented leveraging limits. And we don't want to continue
that. We want to make the tough decisions to accept the losses
that exist, write down mortgages. And when we do that, we can
restart the private mortgage sector."
- Charles Calomiris, Finance Professor, Columbia
University
"The
market has stabilized. We are beginning to see improvement in
the move-up market. Homes under $300,000 in the Colorado/metro
Denver area have had eight straight months of month-over-month
increase in prices. The resale market is improving as well.
However, the market over $1,000,000 is dead. We see a real
pent-up demand in the move-up market. Many families have been
sitting on the sidelines due either to confidence issues
and/or they were under water as it relates to their existing
home."
- An anonymous Colorado
homebuilder
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Important
Disclosures
Copyright
2010, Pathfinder Partners, LLC
("Pathfinder"). All rights reserved. This
report is prepared for the use of Pathfinder's clients and
business partners and subscribers to this report and may not
be redistributed, retransmitted or disclosed, in whole or in
part, or in any form or manner, without the written consent of
Pathfinder.
Materials prepared by Pathfinder research
personnel are based on public information. The information
herein was obtained from various sources and Pathfinder does
not guarantee its accuracy.
All opinions, projections
and estimates constitute the judgment of the authors as of the
date of the report and are subject to change without
notice.
Nothing in this report or its contents
constitutes investment advice. Neither Pathfinder nor any of
its directors, officers, employees or consultants accepts any
liability whatsoever for any direct, indirect or consequential
damages or losses arising from any use of this report or its
contents.
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