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e-Newsletter
October, 2010
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In This Issue
Thanks for Writing In
Charting the Course
Selected Pathfinder Closed Transactions
Finding Your Path
Zeitgeist
Trailblazing: Blairwood Townhomes, Carmichael, CA
Notables and Quotables
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THANKS FOR WRITING IN

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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.


CHARTING THE COURSEmitch photo

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?'"


winnie

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 caradditional 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 PATHlorne photo
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 tirhe 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: underFriendly 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.
 
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.october debt chart


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.  

  home equity
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 bearquantitative 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."]

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.

BLAIRWOOD
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.

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
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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