PRINCIPAL REASONS FOR DEFAULT AND IMPACT OF FINANCIAL STRUCTURE OF DISTRESSED REAL ESTATE. by Edward Norbert McPherson Bachelor of Science in Management Southeastern Massachusetts University 1980 DEPARTMENT OF URBAN STUDIES AND PLANNING IN PARTIAL FULFILLMENT OF THE REQUIREMENTS OF THE DEGREE MASTER OF SCIENCE IN REAL ESTATE DEVELOPMENT AT THE MASSACHUSETTS INSTITUTE OF TECHNOLOGY TO THE SUBMITTED SEPTEMBER, 1990 QEdward Norbert McPherson 1990 The Author hereby grants to M.I.T. permission to reproduce and distribute publicly copies of this thesis document in whole or in part. Signature of the author____ u oEdward Norbert McPherson Department of Urban Studies and Planning September 1990 Certified by C t i bMarc Louargand Lecturer in Urban Studies and Planning Thesis Supervisor Accepted by A loria Schuck Chairperson Interdepartmental Degree Program in Real Estate Development Rotch MASSACHUSTTS INSTITUTE OF TECHNo!G Y SEP 19 1990 LIBRARIES PRINCIPAL REASONS FOR DEFAULT AND IMPACT OF FINANCIAL STRUCTURE ON DISTRESSED REAL ESTATE. by Edward Norbert McPherson Submitted to the Center for Real Estate Development on September 1, 1990 in partial fulfillment of the requirements for the degree of Master of Science in Real Estate Development ABSTRACT This thesis analyzes the factors affecting distressed property and identifies the principal reasons for default. The thesis further analyzes the impact of financial structure, principal factors of default, and the probability of an individual property successfully emerging from foreclosure. The central question being explored is: From the vast pool of distressed properties, can opportunities for long term appreciation be identified by analyzing the primary reasons for default and the associated financial structure? The real estate market is currently absorbing the large inventory of product built throughout the 1980's. Distressed property will be the focal point of the real estate industry throughout the 1990's. To a large extent, the business of real estate development will be real estate redevelopment. Understanding the variables that drove the national and regional economies, the local real estate market and the causes of default will allow investors and financial institutions alike to identify the properties with the greatest potential for appreciation. Thesis Supervisor: Marc Louargand Title: Lecturer in Urban Studies and Planning DEDICATION I would like to dedicate this wife Doreen, to whom I month after Development. entering my beautiful was married October 21, 1989 one MIT's I appreciate understanding, and patience you for believing in me. thesis to Center all of for Real Estate your encouragement, throughout the year. Thank ACKNOWLEDGEMENTS To Dr. Marc an Louargand, who acted as And for immense workload. my advisor despite all that he taught me throughout the process, I will always be grateful. reader and acting as a collegue Laurie Webster, To my editor gave generously of her time, I thank you. To my dear reader insight, not and friend Kimball Wong, editor. Thank patience and soon forget who you for was my the primary long hours, constructive criticism. all the fun we had, which I will made this thesis such an enjoyable and educational experience. My friend, I owe you one. To my parents, William and Regina McPherson without whom my year at the MIT's would not have and support grateful for Center for Real Estate Development been possible. throughout my your gift of courage to pursue my dreams. Thank you entire life. for your love I a positive attitude am very and the TABLE OF CONTENTS 1. ABSTRACT............................................ . 2. CHAPTER ONE, FOUNDATIONS OF REAL ESTATE DISTRESS.. .p. 3. CHAPTER TWO, THE WORKOUT PROCESS. ..... ... .... ... 6 ..p. 46 4. CHAPTER THREE, THE ACADEMIC VIEW...................p. 59 5. CHAPTER FOUR, THE 6. CHAPTER FIVE, SUMMARY & CONCLUSIONS................p. 86 7. BIBLIOGRAPHY. - .............. p. 89 8. INTERVIEWS ........................................ . 91 -- INDUSTRY VIEW. ... - - - - -- - -- . . .. p. CHAPTER ONE THE FOUNDATIONS OF REAL ESTATE DISTRESS This thesis estate assets. the of of led to the of current and commercial new and United States the in This condotion England. which forces oversupply space residential begins with an overview of The analysis macroeconomic situation distressed real examines the nature of in giving supply is excess New foreclosures and is threatening the rise to large scale very integrity of the banking system in the New England region and elsewhere. Chapter process; two contains the players together to resolve a loan, much an and of the relationships workout which come troubled or defaulted real estate of the material interviews with overview in chapter two is industry professionals who based on are engaged in the work-out process. Chapter three presents the academic view of the causes of real estate loan failure, based primarily on a 1985 survey results conducted by were interviews used as with work-out James Boykin [21 a template for specialists. . a The Boykin's series of results of these interviews industry view. are resented in chapter The four, Finally, chapter five contains a summary and conclusions of the research. In order to understand the current state of the real estate industry it is important may give us surfaced and converged decade to set variables that insight into the the beginning at for a the stage market in 1990's. place sort of historical perspective. todays market into some That view able to to be Eight of the depressed real last estate variables have been identified which stimulated the great building boom and bust of the 1980's. and These include: Controls, 1981, variables are Inflation, discussed chronologically Disintermediation, Deregulation, The Shifts in Economic Employment Monetary Recovery Act Growth, Loss of of Bank Examiners, and the Tax Reform Act of 1986. (1) INFLATION. Historically, occurred periods immediately after of wars. revved up with the all types of consumer and durable high inflation Post war increased demand and have economies purchases for goods, thus, causing prices to rise in response to this demand. Prices started to increase during the Vietnam War in 1966, but, unlike other inflationary surges, they failed to stabilize after a continued few years. upward for The inflationary surge more than a decade. Vietnam War, the United States high defense expenditures and pursued programs home. at concurrently maintained This "Guns during the Vietnam years During the and expensive social Butter" approach set the stage for historically high rates of additional inflation. The inflationary effect was also due to the inflation related to the cold war with the Soviet Union. After WWII, the economy never returned to condition of lower military 30 years the U.S. constantly ready emphasis on expenditures. maintained for a full scale military a peace time spending a For the next military war. that was This continued resulted in constant inflationary pressure. Inflation was then raised twin oil 1973-74 shocks of more than to greater heights by the the 1970's. quadrupled The first the price embargo of of oil. The second embargo of 1978-79 had the further effect of more than doubling the price of oil again. Inflation had become everyone learned this inflation, habits as a part how to deal of everyday with it. In Americans began to change William Greider life and response to their buying describes in Secrets of the Temple: "By the late 1970's, most citizens had drawn their own practical lessons from the experience. It not only made sense to buy now rather than later; it also made sense to borrow money in order to buy things now. Even with higher interest rates, a loan made today to purchase an automobile or a television set or a house would be paid back tomorrow in inflated dollars that were worth less. So long as wages continued to spiral upward in tandem with prices, one stayed ahead by borrowing. If inflation persisted, as everyone had assumed, debtors would be rewarded and savers would be penalized. (Greider at p. 17) The changing surface consumer attitudes also in surveys. Americans were began to less willing to avoid debt and thus stop spending as Greider continues: Jay Schmiedeskamp, research director of the Gallup Economic Service, saw the new behavior reflected in surveys of consumer attitudes. "The brake is off," he said " inflation doesn't slow people down the way it always has. That's a rather historic change. There used to be a brake inflation came along and people stopped buying. That isn't happening now." The prudential wisdom inherited from the past, a Grandfather's old-fashioned warning to save for the future and avoid debt, was turned upside down. Smart young consumers now did the opposite. The overall effect was neither irrational nor antisocial. What Grandfather did not understand was that borrowing and buying drove the American economy. (Greider at p. 17) For years the Federal to control inflation, with Reserve Board (FRB) had tried little success. By the late 1970's things had gotten so out of hand and the FRB felt that something drastic had to be done to moderate the economy: "After years of inflation" Paul Volker told an audience in the Autumn of 1979, "The long run has caught up with us." The message was clear to every member of the Federal Reserve Board, even to those three reluctant governors who had recently voted against even a modest increase in half of rate. In the last the discount September, their worries about imminent recession were contradicted by the new data on economic output coming in from the commerce department. Despite all the forecasts, the economy wasn't tipping into a contraction; it was accelerating again. (Greider at p. 104) In spite of the efforts to the FRB, accelerated lending on system circumvented continued to the finance lower inflation by the part of the banking positive investment efforts. for Lenders price-driven opportunities, thus, augmenting an inflationary spiral: And, despite the Fed's gradual efforts to slow things down with measured increases in interest rates, the banking system was actually accelerating it's lending. Bank credit was expanding at an annual rate of more than 20 percent, and, as the Fed officials heard from worried bankers, a lot of new credit was going into speculative ventures - businesses and individuals borrowing in order to buy things on the rising prices, speculative investments from gold and silver to real estate. They were betting that inflation would drive prices much higher. The smart speculator would then sell the commodities or other tangibles, repay the loans and reap a smart quick profit. (Greider at p. 104) Despite the over where concerns that lending the money customers had to they were be kept happy. making profits on institutions had lending As to go out. going, tales of customers their real estate came new projects continued was A in, money for cycle of constant increases in prices due to the demand for real estate as a inflation hedging investment vehicle resulted. bankers have were in the lending they always said they money, it may be never really feeding the business of occurred to population's While them that desire to speculate: Speculation did not look like a risky bet: the overall inflation rate was near 13 percent and the price of oil was increasing at an alarming rate of more than 6 percent a month- an annual inflation rate of nearly 80 percent. Gold had jumped 28 percent in value in a single month, reaching a new record of $411 an ounce. The price of silver, in the same period, had increased by a staggering 53 percent, up to $16.89 an ounce. (Greider at p. 104) The fear on the constant atmosphere of inflation part that of regulators created a collapse imminent: "The specter of 1929 was raised by me and others," Governor Coldwell said. "Look, we're was on the verge of going into hyperinflation in the United States." While that sounded much too apocalyptic, the frenzy of borrowing and buying did resemble the potential for a classic speculative bubble, one of those fevers that had occurred periodically in economic history. The marketplace loses touch with real value and plunges forward in an orgy of acquisition. Whether it is stocks or bonds, corner lots in big cities or undeveloped swampland in Florida, speculative bubbles all derive from one conviction: the buyers are convinced that in a few days or weeks or months they will become sellers and unload their purchase at a profit. Bubbles always collapsed eventually; the fever broke and prices fell drastically. Then speculators were forced to sell at a loss. They failed and so would banks that lent them money to take their gambles. That is approximately what happened to wall street in 1929, when the bubble of financial speculation burst and the stock market collapsed. (Greider at p. 105) Guarantees on all deposits by the Federal Government meant that government agencies, most of the risk. would promote collateralized only have not the investors, bore In the course of their lending, banks the virtues loan. 3% of their act as a safety valve. Yet, of a 20% the banks equity, themselves would assets set aside in Even amount in reserves, they would fully reserves to if they had ten times that not be able to survive a large, sudden drop in the value of their assets. The combined result of many variables of inflation unprecedented in States. percent: was a period the history of the United From 1967 to 1979, prices increased by over 100 Inflation in the late 70's caused prices to rise the fastest they had in 20 years, inflation in 1979 averaged more than 13%. The inflationary surge was reflected in the consumer price index which was calculated as 100 with 1967 prices. By 1970 it was 1.16. By 1975 it was 161. Four years later in 1979 it was 217. (Greider at p. 101) Thus, a decade of real estate investment was driven by highly leveraged deals which required price inflation in order to make them successful. (2) DISINTERMEDIATION. Disintermediation banking or flow is the Banks the as flow of conduit borrowers. Disintermediation flows from away of funds financial intermediary Intermediation act is a these out of system. funds into between occurs Financial the system. savers when intermediaries the and the to the money alternate investments. The FRB saw the control of credit as the most important function of the Disintermediation, familiarly known was a result of expansion the of credit. FRB Central as credit crunches, attempting to As the Bank. control FRB tightened the the money supply and pushed up interest rates, thousands of people withdrew their funds in favor of new options like the money market account offered by Wall Street firms, which offered returns superior to bank and thrift deposits. Disintermediation was prevalent throughout in the 1970's. Unregulated offer small could which paid offer. These unregulated depository higher than limited the were able to investors money market accounts writing privileges banks firms on Wall Street those a higher yield accounts were accounts which could allowed amount of with check by Regulation interest that than the the first pay yields "Q" could be which paid by banks and thrift institutions. Money rushed out of financial intermediaries such as the savings thrifts were mortgage and loan associations. unable to lending contractors were the Even willing to for the access to the result these make new mortgage stopped, essentially shut down. As a housing loans. When industry was though the home buyers and pay higher capital. interest rates The shut down came from the investors who refused to provide money since returns were artificially depressed ceilings on the amount of Investors who had held resulting from government interest which could be paid. their funds in regulated savings accounts drawing 5 percent interest withdrew their money and placed it in higher returns. unregulated investments providing much Financial institutions were suffering from both same the at threats internal and external time. Externally, Wall Street firms had found an ingenious way around Regulation "Q" with their money market funds, these new accounts enticed away the money that S&L's had Thrifts funds. of long-term stable considered sources immediately found themselves unable to depend upon their thrifts were forced to pay which deposits. themselves The in occurred whenever the mortgage not from condition resulting was funds to known as "negative the current cost of portfolio lend, the a higher price for new money borrowing, from came of new In search liability base. yield. describes the situation of the The traditional thrifts yield". found This funds rose above Boston Globe banks in a July 30, 1990 article: By the late 1970's, virtually all of the money the thrifts made came from long-term, fixed-rate mortgage loans that earned about 6 percent interest. Virtually all the money they lent came from deposits on which they paid about 5 percent interest. As long as there was a spread between the two rates, they were assured of profits. The moment there was not, they were in (negative yield) trouble. The trouble started in the early 1980's when overall interest rates rocketed. The spread on which the institutions depended disappeared, and the industry effectively went broke. (Boston Globe at p. 16) Each time a denounced by credit crunch home effected parties. access to builders, the S&L's, FRB was and other The actions by the FRB choked off the credit. episodes was developed, the The result of these tight creation of a pent-up money demand for housing. This demand was heightened by the maturation of the baby boom generation into the housing market. So much bank's and in 1978, from money left the banking industry thrift's survival was with an attempt the competition of threatened. to save the Wall that both Starting banking industry Street firms, Congress started formulating ways to allow banks to compete. result was the Monetary Act of deregulated the banking industry. 1980, a law The which The major part of the deregulation influenced the thrift industry. Thus, the overnight. go Thrifts after high estate addition, real loans, yield land they had estate (and high and new powers changed power to risk) commercial construction to operate loans. real In real estate Banks had new competition for estate borrowers at spectrum.[16] industry were given the additional development subsidiaries. the real lending the high risk end of the (3) MONETARY CONTROLS. The FRB had also failed to achieve a desired rate of economic growth which they had previously done by controlling interest rates. The Federal Reserve System operated like the modern equivalent of the king's keep a separate storehouse alongside the private economy and independent of its forces. But the Fed could influence the financial flows inside the plumbing through two tiny valves - mere pinpricks in size compared to all the wealth in circulation. One valve was the discount window at each of the twelve Federal Reserve Banks, where commercial banks routinely borrowed hundreds of millions, even billions, every day to make up for temporary shortages in their required reserves. The other, more important valve was the Open Market Desk at the New York Federal Reserve Bank in the middle of Wall Street, where the Fed bought and sold government securities in the open market, in daily transactions usually running from $500 million up to several billion. In both cases the Fed created money with a keystroke of the computer terminal (computer accounting having replaced "the stroke of a pen"). (Greider at P. 32) In times of crisis, the Discount window as a means system. A change in Federal Reserve to inject liquidity into the operating method was installed and a monetarist approach was adopted. This change response people were to those "inflationary psychology". seemed to used the The permeate everything. to tighten the money supply. who feeding was in the borrow and buy behavior The Board's answer was Historically, the FRB had controlled the economy and access to credit by manipulating 1979, the general feeling was control. Paul interest rates. that inflation was out of Volker, the Chairman time departed from traditional of the FRB wisdom and at the adopted the monetarist method of controlling the money supply. approach controlled the economy at any controlling thus, the total amount one spending time. by interest rate In The of money result not making in the would money would be allowed This be available, to fluctuate according to market. This change in operating Saturday, change in October 6, the attempting to World into 1979. availability shock the the notion method was put into effect By of making this money the historic FRB economy, Wall Street, that they were serious was and the about controlling inflation. The monetary supply changes made would come to be known as the "Saturday Night Special". (Greider at p. 140) When money became scarce, resourceful bankers had ways to obtain more of it, despite the rising price, and to amply finance their new loans. Typically, they would sell off government securities to raise funds for lending and raise the market rate offered on their own certificates of deposit- in effect, luring away the deposit money that was fleeing from credit unions and S&L's. The bankers also borrowed more from the Federal Reserve itself, simply by phoning the discount window officer at one of the twelve Federal Reserve Banks. Discount borrowing soared shortly after the October 6 announcement to more than $3 billion a day, subsided for several months and then reached another peak later of $3.5 billion a day. The Fed's decision to raise the discount rate to 12 percent hardly discouraged bankers from "going to the window," as they called it. When the alternative was borrowing in the money market where short term rates were bouncing as high as 18 percent, The Fed's discount rate was still a bargain. In theory and myth, The Federal Reserve's Discount lending was the power of life or death over private banks. If a bank relied too much on the Discount privilege, the Fed could simply refuse its request for a loan - threatening the bank with crisis and possibly insolvency. In practice, the central bank rarely, if ever, said no at the discount window. A bank might be scolded, perhaps subjected to a rigorous examination or told to "stay away from the window" until its affairs were in order. But the Federal Reserve would not refuse to make a discount loan unless it had concluded that the bank was already doomed. The Fed's original purpose was to prevent bank failures, not cause them, a reality that aggressive bankers regularly exploited. (Greider at p. 141, 142) During the late 1970's banks were under siege. The banks were reeling from competition from Wall Street and the negative yields which were being experienced. then started looking stabilize their made by the economy, uncertainty capital access to lines. balance sheets. FRB the for a safe haven in their bank's regarding requirements. capital and customers their where they could But, with method Banks the change of controlling were ability The customers to filled with meet their demanded the banks responded the future with credit Unfortunately, tighten while the money explosion supply in the Individual the FRB through availability bankers was made of credit attempting to monetary policy an credit took lines place. available to borrowers who felt threatened by a credit cut-off due to the new monetary always controls. be financed Window. The through the final available which These result credit lines FRB's Discount was a level was actually higher than of could Credit credit existed prior to the imposition of monetary controls. In the months following to fine money tune the new supply, the opposite had the operating method and the financial markets October 6, while attempting FRB inadvertently with available cash. of what the makings of a lines and "mistaken cash" the result was FRB had intended. The banks potential they crisis; had for their customers with simultaneously into the flooded The committed to reserving capital credit tighten the placed hands of their the FRB's credit hungry customers. (4) DEREGULATION. Deregulation disintermediation. was It a direct was generally felt response to that without some adjustment, banks would in a competitive Deregulation was to compete for interest savings deregulation rate an attempt to allow on an equal the be hard pressed to survive banks and thrifts footing with Wall of started environment. American with Street firms families. good Although intentions, the end result forced the S&L's to compete in an arena they were not prepared or understanding of qualified to work within. the effect of deregulation An requires a look at banking before and after Regulation "Q". Regulation "Q" regulations "Q", initially established the governing banks and the thrifts. thrifts had banking industry: advantage over banks (they were attract capital) broader home mortgages, to given an interest rate allowed to pay a higher mortgage Thrift services personal loans, regulated interest rates. in the savings accounts in order to encourage ownership. Regulation different purposes Thrifts were interest rate on pass book Under rules and and lending and included home savings accounts with The intent and the purpose of thrifts was to be long term lenders. Regulation "Q" was also conflicts between a way of settling potential banks and services each was to provide. for the enjoying. interest rate thrifts the It also compensated banks advantage Under regulation regarding the "Q" thrifts thrifts would not were be allowed to operating use their the in interest banks core rate advantage by such as businesses, commercial and construction lending. Regulation term "Q" advanced structure referred to of assets and as "balancing thrifts attracted higher interest the idea of matching liabilities the books" by which was bankers. The stable, long term savings rate, from term home mortgages. deposits. The Long the with their which they could lend long term loans, from long term bank's asset base was unpredictable and would flee to higher interest opportunities, as a result they offered short term loans. Short term loans, from short term deposits. Banks they offered the also certificates development, allowed to corporations same services offered: of commercial deposit and construction operate which service is a as thrifts, lending, (CD's), loans brokered acquisition, (AD+C), and organizations real plus estate or were 151 B development subsidiary of the bank . Banks provided these additional services due to the belief the expertise to control by regulators that banks had the additional risk associated with the broader services. Under the discontinued Monetary Act of 1980, which resulted in Regulation "Q" was the thrifts being stripped of their commercial banks. a percentage of interest rate In addition, advantage over thrifts now had to keep their assets on reserve with the FRB. The imposition of universal reserve requirements put all banks and thrifts in the same position regarding reserves. Under Regulation "Q" thrifts were limited in offering savings personal mortgages. loans, and With deregulation thrifts were able to offer all their and accounts, traditional services of a now were able to offer all full service bank, forms of commercial lending, brokered CD's and AD+C loans. Under deregulation the role of the neighborhood S&L went from making personal loans to sophisticated lending such as factoring receivables part of their credit lines commercial real allowed to offer checking estate interest on and projects. lending Thrifts accounts or order of withdrawal) accounts, earning for large corporations as their on risky were also NOW (negotiated which had the benefit of balances, a feature not offered by commercial banks. Approaching the early finding it nearly impossible to cover the negative yield portfolios. savings and Despite make enough money to spread on their large mortgage recent loan fraud, negative yield, 1980's, troubled thrifts were congressional recent evidence focus on supports that incompetence and inexperience with the new business debacle. lines were the primary causes of the S&L The July 30, 1990 Boston Globe article dealing with the congressional attempts to prosecute the "S&L's Kingpins", industry observers restates what most now agree: Virtually the entire industry was bankrupt by the early 1980's, long before most of those now accused of wrong doing had even entered the business. The reason was not crime, but spiralling interest rates that drove up institutions borrowing costs and drove down the value of their principal assets: long-term, low interest mortgages. (Boston Globe at p. 16) The deregulation of S&L's competing with commercial firms. The search funding of for higher projects speculation. financial institutions This banks and Wall Street yields resulted involving higher risk situation was further the conversion of mutual led to in the and more compounded by thrifts to stock thrifts whose shareholders demanded better performance. Mutual depositors. thrifts are Depositors thrifts that could not ownership in the form of savings, because interest a resulted in with take the limited the pay to it's the thrifts having excess no means of passing by the benefit of higher interest rates on their Regulation "Q" thrift could are owned it on to Boston Globe describes the results: amount of depositors. This capital on hand, the owners. The over huge public anger, led to "...this salaries, exorbitant perks and cozy deals at individual thrifts" (Boston Globe at p. 16) similar to the the other hand are Stock thrifts on structure of many companies listed on the New York Stock Stock thrifts are owned by share holders with Exchange. concern focused on the price of the stock, earnings, and thrifts management The results. quarterly within a generally operated mutual thrifts the their earnings, to respect disciplined with lean environment. thrifts of being hard nosed Given the approach of stock and stock these of preferred to remain under their present structure. The management of the S&L's was simply not qualified to offer to. the additional services they regulation After qualified to involved Congress was that disintermediation. projects in. the The opinion at S&L's were were they the time in due to failing Under deregulation not also were the S&L's the riskier manage becoming "Q" were now allowed competition now took place on an equal footing, Congress had adopted the approach of survival of the fittest. Vincent F. Martin Jr. CEO Los Angeles based deregulation of real of TCW Realty Advisors, a estate investment firm the banking industry had impact on the real estate market. feels a significant Mr. Martin described the scenario developers faced in obtaining financing for their projects: previously, the developer had to obtain permanent financing, in order to secure the construction financing to start the project. the construction lender (the financing would exist for them This situation assured short term lender), that to be "taken out" when the developer fulfilled the contractual responsibilities of the construction. Prior to 1980, provided permanent [11] fifteen or "take-out" fifteen companies acted as a market not only projects, but, major insurance financing. professionals who These control to the real estate by controlling the supply by also companies of money for employing seasoned would filter real estate out projects that were not economically sound. Through 1979, these real estate professionals as enthusiasm operated and optimism underwriters provided a very market by limiting regulating the amount the of a check of on the unbridled developers. These important restraint on the supply of finished money, in product which turn would eventually enter the market. Mr. Martin contends that the impact of deregulation removed the controls these real estate professionals had on the were there real estate market. 15 accepted sources of were thousands. Before deregulation, there permanent financing, Deregulation resulted now in banks and thrifts starting to provide "mini-perms" which had a the construction and would act as both 6 year term and the permanent financing for a project. (5) THE ECONOMIC RECOVERY TAX ACT OF 1981, (ERTA). The changes Economic Recovery Reform Act Tax Act of 1986 of 1981 (ERTA) and (TRA) both encouraged investment in real estate. from the Federal Tax Code made in the the Tax and hindered These Acts mirrored the boom and bust of the 1980's. Prior to ERTA, the marginal tax rate estate received was 70% and real gains exclusion. maximum capital passage of to resulted in gains tax on real tax rate estate. Under was lowered the effective a effective 35%. The tremendous incentives ERTA, the to 50% gains exclusion was raised to 60%. rates lowered capital real estate of ERTA in 1981 included invest in federal These rates a 50% marginal and the capital When combined, these maximum capital gains tax rate to 20%. Expansion of the investment feature of types of ERTA. They offered incentives real estate. Credits were rehabilitation and subsidized Treasury Regulations for a wider tax credits was another range of real given for historic housing. allowed tax for specific Vaguely written credits to estate be issued projects than real estate market to take advantage of rapid in loss accounting who could partners Which rules. depreciation the tax saving In addition, ERTA introduced components of real estate. very creation of a The effect was the originally intended. off losses the Passive deals. tax-sheltered write increased from those real estate shelters against ordinary income with few limits. the expected the depreciation period from ERTA changed useful life of the property to an arbitrarily determined period of 15 years. system's (ACRS) 175% declining producing an The accelerated method of cost depreciation used balance method. recovery the rapid This resulted astounding first year deduction in ACRS of 12% of depreciable cost. (6) SHIFTS IN EMPLOYMENT GROWTH. Changes in employment growth came from three different but related sources. First, the maturation of the to swelling baby boom generation led market to accept the largest in the history of of the job addition to the work force the United States. As jobs were created, the corresponding demand for housing challenged the building industry to keep up. In New high-tech England, we and financial also saw services the growth of the industry and the evolution of the working population from a traditionally population into white blue collar collar professionals and technical workers. This change was common in the northeast as shifts in employment growth professionals were and took place. typically made administrative population. White up of The collar the technical new white collar professionals did not absorb the existing housing stock, instead choosing to purchase new and upscale housing. The Northeast region particular has in general been losing and Massachusetts population manufacturing base for a number of years. has moved mostly to southern and in it's Manufacturing states due to the warmer climate, lower wages, and a lower cost of living. During the years that Massachusetts was experiencing a boom in construction from 1980-1989, the state also experienced a slow growth in population which was offset by out-migration. The overall result was more people moved state moved into the out of the Despite these state than shifts, many people wishing were unable to find state. to enter the housing comparable to what they were accustomed to. This churning of the population in Massachusetts was driven by the growth of fringe, the industries loacted on the urban semi-circle defined by routes 128 and 495 in the Boston area. so they were not particularly housing in this corridor, between change route 128. Boston and in inner suburbs lying the older blue collar attracted to sought suburban The new arrivals total population led result, a As a to a major minor boom in housing in the outer suburbs of metropolitan Boston. 1984 Between existing home result was, and 1986, went from the median price for $82,600 to $177,000. a single family home in Boston an The end was priced nearly twice the national median. (7)LOSS OF BANK EXAMINERS IN MID 1980's. Many examiners left government service with the lure of private sector salaries. The loss of bank examiners during the 1980's had a dramatic impact upon the ability of the banking system to enforce the governing rules and regulations. The exodus it took the was so large that government agency over a decade to replenish the staffs. Dennis Aronowitz, University a professor of banking describes the situation law at Boston faced by regulators: Bank examiners are a cadre of professional is extensive and employees, whose training costly to the agencies. In recent years, many for higher left government examiners have In fact salaries within the banking industry. bank during the mid 1980's the Comptroller and the FDIC suffered reductions of as much as one third of their examination forces and only recently rebuilt to the staff levels of ten years ago. 6) (Arnowitz at p. The loss of bank examiners could not have happened a The early worse time. and seemed out of control. banking had lost equilibrium was a There time when 1980's represented a banks would that the likelihood utilize their safety net of federal deposit insurance, and there was a shortage of examiners alert regulators to total number of bank agencies, the by the According to data supplied potential problems. to examiners currently employed by the three banking regulators is between 5543 and 5788. 1983 The breakdown is: at and 2229 the 2600 at the 960 FDIC; and OCC; between in the federal reserve system. (8) TAX REFORM ACT OF 1986. The intent of the Tax Reform Act of 1986 (TRA) was to close loopholes classified which real estate created into two residential and nonresidential. tax shelters. TRA different categories: The two new categories were given new cost recovery periods with 27.5 years for residential and 31.5 years for nonresidential. The depreciation method for both classes became the straight line method. The effect was to take almost all of the tax sheltered benefits away from real estate. changes related to tax benefits A contrast of the ERTA to TRA cost recovery periods from associated with is illustrated by the fact that under ERTA's accelerated recovery system cost 100% of money was the investors Under TRA, after 15 years less returned after 15 years. than half of the depreciable cost would be returned with the balance being recaptured over 16.5 the remaining years. all capital gains exclusions, TRA also eliminated and a single tax over $15,000. income allowed to losses were However, gains. if 28% of rate As in the all gains past, capital be written off the losses for was created against capital gains, exceeded the amount deductible against personal income was limited to The resulting $3,000. significantly reduced effect was that these the appeal of real changes estate to the average investor. Another to offset passive losses the material TRA of The intention of limitations. losses aspect passive loss TRA was to allow passive passive gains. can be used was In certain to offset other cases, income, if and active participation criteria is met. Taxpayers with adjusted gross incomes (AGI) of less than $100,000 can deduct $25,000 in passive losses against non-passive income. If AGI is more than $100,000, fifty cents on the dollar in passive loss benefits is lost for Thus if AGI every dollar which income exceeds $100,000. is $150,000 all passive loss benefits are lost. VARIABLES ON THE DEVELOPMENT OF THE EFFECT OF THE EIGHT THE NATIONAL OFFICE MARKET. from the to understand the implications In order eight variables just described, it is useful to examine the growth of national office market through the 1980's. An economic study by Massachusetts Raymond Professor William Wheaton Institute Torto of the of Technology University of of the Professor and Massachusetts documents this tremendous growth. The impact of the variables as they surfaced and converged during the 1980's was significant. of illustration, a review of office market from World As a means the growth of the national War II proves useful. and Torto explain the basic Wheaton changes taking place in the character of the national office market: During the post World War II period, the two has exhibited office market American distinct trends: long run growth and a shorter, The long run growth of the 8-10 year cycle. market has come largely in response to the sustained growth of those types of employment that require office space. In general, there have been two sources of such employment growth. First, even though manufacturing employment has continued to decline as a share of the total economy, the proportion of the manufacturing work force classified as "white collar" has risen from 20% at the end of the war to close to period, the During this same 40% today. involved employees manufacturing of percentage in "central administrative functions" has also Thus, even if manufacturing more than doubled. is declining, changes in product, planning, and technique have generated a growing demand for offices. The second, and much more important, source of office demand has been the enormous growth in non-manufacturing -- employment particularly finance, insurance, business and professional services. Employment in these sectors occupies office space almost by definition, and since the mid 1950's it has grown from 3 to almost 12 million workers. (Wheaton and Torto at p. 3) Historically, during Even place. was employment to changes periods of constant, growth were net absorption in the different rates experienced. rate of the office in employment where time patterns. In of growth have taken office market supply the national rates of growth dramatic fluctuations economic long-term addition, the space fluctuated due Torto and Wheaton continue: from an long run changes While these service economy, and from industrial to a "blue-collar" to "white-collar" employment are not likely to abate, the pace of growth has fluctuated considerably. During recessions, such as those of 1960, 1971, 1975, as well as 1982, the growth in office employment slackens to the point of little or no increase. Equally between periods the during important, significant also were there recessions, differences in the rates of longer-run growth. Office employment grew most rapidly during the last half of the 1960's and 70's, and more slowly during the early 60's and early 70's. Growth during the recent recovery has matched and in some cases exceeded that of the late 1970's. In response to this pattern of employment growth the net absorption of office space also rose gradually Net absorption fluctuated. throughout the 1960's from annual levels of fifty million square feet in the first half of the decade to 100 million square feet in 1969. Absorption fell sharply in 1970-71, rebounded a little in 1973-74 and fell again in 1975-76. From there it rose again sharply, at several points reaching 140 million per year during the Once again, a 1981. late 1970's, and in recession sent it plunging in 1982-83, from which it has rebounded in 1984-85. (Wheaton and Torto at p. 4) of these fluctuations, the In spite an increased for demand office perception of space existed. Nevertheless, the result of these dramatic fluctuations was that the demand for office market space became very difficult to predict. Thus, developers would overbuild due be greater demand. a possibility existed that to what they perceive to Wheaton and Torto describe various periods of growth which have taken place: On the supply side, the stock of office space has grown from roughly 1 billion square feet in 1955 to 3.8 billion square feet today. construction has new office pace of The and since the fluctuated greatly, however, mid-50's there has been three distinct building booms. The first was during the late 1950's, lasting roughly three years and producing a total of 228 million square feet over that period. From there, construction slowed during the 1960's, grew at a stable rate during the mid 60's and then entered the second boom period, 1968-74. This second boom was more pronounced, and lasted almost seven years, producing a 35 the record 810 million square feet of new space. It ended with a recession, and record 15% vacancy rates. For two years after the second boom, the with building quite depressed, market was activities at levels typical of the 1950's. This slackening set the stage for the third and current boom, Which so far has also lasted seven years, and produced 1300 million square feet of almost as much as was produced in new space -(Wheaton and the entire preceding 20 years. 5) p. Torto at The following chart documents the cycles of growth the national office market has experienced: Office Construction Cycles Period Ann.Const. Phase 76.0 Boom 1957-59 59.0 Trough 1960-65 74.0 Stable 1965-70 108.0 Boom 1970-75 69.0 Trough 1975-80 172.0 Boom 1980-84 (Wheaton and Torto at p. 5) In explaining the Torto conclude that driven by the cycles of 228.0 179.0 369.0 810.0 144.0 1293.0 growth, Wheaton the office market reacts changes in results assure that Tot.Const. to and is employment population. an eight to ten The year spread exists between vacancy peaks as the study continues: The three peaks in office construction have been matched by three peaks in the national rate of office vacancy. From a low of below 5% in the 1950's, the national vacancy rate rose to a peak in the mid-1960's of 8.5%, fell to 4% in the late 60's, rose to 14% in the mid-70's, fell to 5% by 1979 and is currently up to an all-time 36 and Again, 16%. high of characterize the spread peaks - which tend to construction by several Torto at p. 5) complicated The nature market makes it impossible to related to the the supply of the office the actual national office assume that all growth is equation. had a dramatic impact related to time lags from project to of supply side of the demand have also in seem to 8-10 years between these vacancy follow the peaks in (Wheaton and years. space. Surges in upon the growth Much of demand is the preliminary phases of the completion as Wheaton and Torto explain: It would be tempting to conclude from this brief historical analysis that the office market has an inherent and predictable cycle of 8-10 years duration, upon which the industry could rely for it's plans. Unfortunately, the market is more complicated than this, because there are alternatives explanations for the cycle, each with a different implication for the future. which might be The first explanation, called a "supply-side" theory, argues that the the cycle, largely industry itself creates through it's inability to forecast correctly. Without reliable forecasts, developers start new projects only when current market conditions are favorable these Extrapolating favorable. conditions into the future, the industry as a the space When building. whole continues actually becomes available several years down the road, the market naturally softens as the supply is slowly absorbed. The downturn causes the industry to postpone construction plans for a while, which only creates a tight market, and starts the whole cycle over again. According to this "supply-side" theory, then, the cycle is caused by the use of current market conditions as a barometer for the future, rather than by an also that demand of forecast accurate anticipates the likely construction response of the whole industry. While the supply-induced theory has some supporters, and also some undoubted truth, it ignores the unanticipated variations in demand that have occurred over the last few decades. Consider, for instance, the fact that the sudden surge in office demand during 1966-1970 was totally unanticipated, and found little supply Even though construction soon to match it. raced to keep up with demand, the enormous supply of space authorized during the 1969-73 period did not become available until 1972-76, a ending a demand was slowing, period when In each of these cases, even the recession. best planning by developers would likely have been spoiled by the macro-movements of the Perhaps more interesting is national economy. the prospect that the building activity of the last 18 months will be coming on line in 1986-87, as the economy slows. Thus variations in demand, or long-run office employment growth, and a series of unanticipated recessions, have also clearly been important in explaining the (Wheaton and past cycles of the office market. Torto at p. 5,6,7) In addition to the surges in the general demand for national space, office there is further growth associated to demand related to specific types of space. Nevertheless, there the demand for are dominant factors national office space, as which dictate Wheaton and Torto describe: Beyond these major market phenomena, it is also true that there have been changes in the of space. particular kinds preference for Shifts in the demand towards non-contiguous and a desire for space or "back offices", high-rise views are historic structures or examples of trends that have helped to shape the The fact market in any particular period. remains, however, that the state of the economy, the growth of office employment, the price of the remain it's availability and space, overwhelmingly dominant factors that explain the should absorption, and movements in past national office Torto's study of the Wheaton and construction (Wheaton and future. do so in the 12) continue to Torto at p. the previous cycles of used to illustrate that the thirty years last ten years were unique. was built in ten years, the amount which Over the last was four years would have required twenty years in the past. Wheaton and Torto provided real estate from a market behavior estate local perspective. An markets should provide an examination of both types of have affected how the eight variables understanding of observe real step is to The next market. a look at the national real estate. THE EFFECT OF THE EIGHT VARIABLES ON THE DEVELOPMENT OF THE MASSACHUSETTS RESIDENTIAL MARKET. A of review residential market eight variables. professor the growth the in also illustrates In a study of economics at Massachusetts the impact conducted by Wellesley of the Karl Case, College, it was found that the growth rates in the residential market in Massachusetts significant. over the The later part following tremendous rate of growth: of the table 1980's were documents the Total Existing Home Sales in Massachusetts: 1983-89 (Single-Family Homes, Condos and Co-ops) Year # of Units 1983 1984 1985 1986 1987 1988 1989 (Case at p. 65,000 66,500 80,500 84,600 100,500 93,300 86,500 the general growth in confused with number of the high be regarded as 1980's what took area.In the dwellings can new the individuals to "churning of place was a internally driven market activity the market," which is "Churning" accurately being sold and resold. of homes the population and sales of residential sales to be cannot growth economic Massachusetts, In not 20) describes what occurred in the Massachusetts residential market.[16] As market Massachusetts started to area to support the The growth of newly labor and the leading industries transfer employees into of the growth that they were experiencing. tech, financial the high administrative support high level the of tightened, many dropped rate the unemployment industries required many executives to imported managers services, and transfer into the did not occupy the mid to area. The existing residential collar" "blue they instead, inventory; located in new and upscale suburban homes. Later when the "demand generators" cooled for these leading people into transferring demand first reaction industries, their for curtailed. homes quickly new stop was The result area. this was to prior The planning for the construction of these new homes and the investment in time and money into the approvals process encouraged the builders to continue the building process until it was complete. The dramatic rate of economic growth in the in a large inventory Massachusetts economy has resulted of residential stock being built. Thus, it is necessary that a period of time pass before economic forces regain equilibrium in Richard Pollard, order for the stock Chairman of the to be absorbed as Massachusetts Bankers Association explains: "The New England economy in general, and the Massachusetts economy in particular, enjoyed an unprecedented boom during the mid-1980's. The boom has come to an end as certain advantages dating from the 1970's and before, such as lower-than-average home prices and an ample into turned labor, have of availability disadvantageously high housing costs and short labor supply. A rebalancing of macroeconomic forces must work itself out; there is no way simply to will continued hypergrowth when a regional economy has moved out of balance with competing regional economies when the national economy itself must deal with a huge national deficit and (Pollard at p. 1) imbalance. the Despite current slowdown in trade the general economy, there are many reasons why Massachusetts should consider itself prosperity. fortunate for the past 15 years of Professor Case describes the history of the current cycle of economic growth recently experienced by Massachusetts: Massachusetts is fortunate to have a well capitalized banking network traditionally known for prudence and integrity. At the same time, it must be said, and will be widely acknowledged within the industry, that the years of the "Massachusetts Miracle" led to excesses. Like many builders and buyers, bankers were not immune to the illusion that real estate values would soar unremittingly. Banks have failed and more will fail because enthusiasm in some cases resulted in reach exceeding grasp. What seems to be lost in the current gloom is where the region and the Commonwealth have been over the last decade and a half. In 1975 the The Massachusetts economy hit rock bottom. unemployment rate went over 12% that year, second highest in the nation behind Michigan. Massachusetts faced a bigger budget crisis that year than it does today. But 1975 was followed by 15 years of sustained economic growth, with a pause for the recession of 1981-82., Since 1980, personal income had risen at a rate of nearly Since 1975 50% above the national average. jobs have been created in nearly 840,000 Massachusetts, an increase of 37%. The housing market boomed from 1983 to 1987, increasing the value of the existing stock by over a hundred billion dollars in the Boston metropolitan area alone. By mid 1987, the unemployment rate stood The lowest among the 50 states. It at 2.5%. very prosperous decade and a half". a has been (Case at p. 14) The fifteen Massachusetts estate year period had a market. experienced by of prosperity significant Professor effect Case real on the out, points the escalation in prices of housing due to pent-up demand: The current real estate cycle began back in In that year the median price of an 1983. home in Boston was existing single family $82,600, 17% above the national average of Pent-up demand coming out of the $70,300. 1982-82 recession (during which the prime rate combined with rapid income went over 21%), surge of housing demand growth, led to a Existing home sales in beginning in 1983. Massachusetts jumped from an annual rate of 34,500 in mid 1982 to 73,900 in early 1983. Supply in the form of new construction did not respond at first because zoning regulations and permitting were controlled by 351 very independent cities and towns. The increased demand coupled with a slow supply response pushed prices sharply higher in 1984. At that point an inflationary psychology took over and prices boomed from 1984 through 1986. During those years prices were rising at (40% per year), a rate as high as 3% per month pushing the median price of an existing home from $83,600 to $177,000 nearly twice the national median. (Case at p. 14) The demand for housing was created more as a result of from the changing actual makeup of growth. In the population addition, rather than changes in the Internal Revenue Code encouraged additional purchases in the residential market. The result was an overbuilding of the residential market as Case illustrates: missing important was an there But growth was extremely ingredient: population Prices were not rising because more slow. people wanted to live here but, because those of us who did live here wanted bigger and better That missing element meant that when houses. the building boom finally caught up with the price boom, the region overbuilt and overbuilt Between 1985 and 1988, construction quickly. 100,000 to 147,000. employment jumped from Housing starts in the five eastern counties of the state rose from a rate under 10,000 per year during the early part of the decade, to just under 15,000 in early 1985 to a peak of over 22,000 in 1986 and 1987. Another factor that contributed to the overbuilding was the internal revenue code. Much of the building that actually took place in 1986 and 1987 was planned between 1984 and 1986. During those years , the tax laws were very The investment. real estate favorable to Economic Recovery Act of 1981 introduced very rapid depreciation rules, and passive partners could write off losses from real estate shelters with virtually no limit. Condominium investors enjoyed tax sheltered income and expected to enjoy sustained appreciation. (Case at p. 15) By the had misread time that the builders demand, a tremendous residential inventory had been the Tax Reform Act of 1986 lower demand overstock created. the in The passage of the further discouraged absorption of the existing stock. the realized that they for residential The consequences from housing have been devastating as Case explains: The overbuilding on the supply side of the market ran headlong into a slowing economy on the demand side and a new tax law. The result was a large inventory of unsold homes and a larger inventory of unsold condominiums, As a result, very few new units are now being built. 44 The construction sector has lost 31,000 jobs, the filling builders are and developers bankruptcy courts, banks have found themselves with large portfolios of foreclosed property, and the housing starts are back down to under (Case at p. 7,000 per year, a drop of over 70%. 16) Although overbuilding and the misreading of demand may represent general causes of failed, no two properties are alike. offer some insight and why projects have While generalities partially explain why a specific properties fail, they don't offer complete answers. 45 CHAPTER TWO- THE WORKOUT PROCESS Before looking at the reasons why specific properties fail, we will look at the workout process. The bulk this of chapter with workout interviews As we start the 1990's, is based on specialists in a series of the Northeast. we are experiencing a depressed real estate market and a severe credit crunch. The main focus of all parties involved in a workout situation is: survival first, a mutually acceptable agreement second. Understanding the workout process begins by looking at how the bank views estate owned (OREO). their portfolio of other real When a solution for nonpayment can not be "worked out", the bank forecloses and unless the property can be sold at auction, the property becomes an asset of the bank, thus, becoming part of the bank's OREO portfolio: Other real estate owned is frequently an unsound bank asset, even when carried at or below the appraised value. The bank's purchase usually foreclosure through property of indicates lack of demand. As time lapses, the more firm and the lack of demand becomes soundness of real estate for which there is no demand becomes more questionable. Banks usually lose money in liquidating other real estate owned despite the apparent adequacy of appraised (Comptroller's Handbook, p. 3) value. 46 In financial institutions recent years have been faced with a rising number of non-performing real estate loans. In increasing their lenders to some reach obligations. seek some form Out sort of relief hoping compromise of of necessity, by borrowers with their work numbers borrowers are approaching on debt to service lenders are forced to assisting them through these difficult times. The "workout the borrower is debt restructuring. amortization period, accrual in lieu of foreclosure and Regardless of other variations. the lenders aim the loan is always forgiveness of interest, principal and interest, deed many This may be in the rates, extension of reduced interest form of granted to concession" most commonly the same, the concession, to improve it's position in a difficult lending situation. The borrower tries come to obtain agreement with he usually has these concessions his lending officer, a a business and to an person with whom and personal relationship with. Reduced interest rates, simply means to contract rate of interest. interest rate from 16% costs of debt service to 10 and For example, 1/4% lowers attempts lower the lowering the the monthly to increase the probability of the bank being repaid. amortization period is where Extension of the loan the which years, building . is the case normally a on commercial lower the 40 years, it will by spreading the repayment monthly payment 15 period or the By extending the amortization maturity to 30 or term to 7 to where from be any maturity may term to of the loan over a longer period of time. Accrual of interest is when not afford to pay the property can is that an "accrual rate". the idea A "pay rate" and interest. the case where as in longer period of time to reach than anticipated. owner to In this case for a period of time the requires a stabilization/lease up the bank will allow the pay the difference at a example the contract rate of 10 1/4%. the project of interest for a pay a lower rate time and will the agreed for a determinable amount upon interest rate, hopefully of time, there are two rates of period of later date. For interest will be 16%, but, owner of the property will pay The difference of 5 3/4% will be deferred, and usually added on to the total amount owed or it can be paid in a lump sum payment. Forgiveness where the property bank to pay of principal does and interest not require back a the certain amount 48 is a owner case of the of money, the bank the for circumstances exceptional requires is very rarely done and This amount would be forgiven. to consider this as an option. foreclosure lieu of in Deed the title of willfully gives bank as full consideration he is liable. for which for property swap, even owner when the is the property back to the of the outstanding mortgage, Both parties considers it an bank would The the debt. resell the property to recoup basically turn around and the principal. Being with involved a scenario workout is Many emotionally draining experience for all concerned. real estate projects are a for the borrower to place result of a lifetime of work him in a position building or acquiring a piece of property. of project edge the on towards long working so of an only a goal is default an of either The prospect to see the emotionally stressful situation for any developer. A workout properties in both the northeast and southwest seventeen year period explained tries to do is assess properties are the outside the over a that the first thing he whether the problems with direct result of the owner or the result of completely with troubled specialist who has worked the actions by the factors in the market which were owners control. Next, the tries to determine if workout specialist will make a positive contribution presence of the owner the work that needs will hinder decided owner will be removed property. The he possible opinion it is always better project success. become a of the it if In in place. owner is his to work with the property's have a vested interest owners since they progress, the feels specialist the it is If day control from day to workout will keep to be done. hinder the owner will that the his presence or if the problems resolution of to the the continued In in seeing the new person contrast, a entering the project without knowing the details of what will likely has transpired of the slow the resolution problem even further. The consequences of failing to come to an agreement with often forces the loan to be in question?" once the loan reclassified as "repayment this occurs the bank the "workout loan with to repay lending officer your original will place the a resolution department" where will most always take place. workout department The loan department. loan department reality will really the is Individuals who enter may hope now encounter for a a the controlled "workout", bank controlled but, officer who in will probably not be very flexible and who will be determined to obtain specific guarantees so the 50 bank will receive The controlled loan department them. the money owed to in large commercial banks more bank officers who usually consists of twenty or deal exclusively with people who will not be their loans and very likely are not paying able to pay them. The workout the original and lending officer Unless a controlled loans. place, the bank moves loan leaving with the process begins is turned over to can take quick resolution quickly to protect it's interest, they immediately issue a "demand" for payment and begins against the foreclosure procedures the is to be banks plan The next step will be the Sailors get a "judgement" under to court to The in going as efficient as possible through the foreclosure process. to go borrower. and Soldiers Act of 1941 which should take three to four weeks. weeks the bank will try During those three to four to negotiate from a position of strength position proposal where unless it they don't radically are negotiating a favorable knowing that to four weeks away. judgement is three the The banks a settlement. have improves The to bank is in accept it's any lending position. A controlled loan specialist at a major New England bank indicates that banks feels if they negotiate first and then follow with foreclosure proceedings, they face of losing six months the possibility to liquidate the property in and the possibly of having a market that worth of interest could deteriorated further. bank is The concerned about the processing time required to complete a foreclosure if the negotiations fail. After the judgement is rendered, the court will set allow the borrower six weeks a "return date" which will to come forward with a reason or to seek relief under Nevertheless, the bank why the loan was not paid the Sailors and can start Soldiers Act. for an to advertise auction as soon as the judgement has been given. While Massachusetts is the Sailors and Soldiers Act, the that has not repealed the Act will only only state in the union limited provide to protection the thousands of businessmen and women who are unable to pay their debt service. The Act only provides protection to sailors and soldiers who are currently on active duty in a declared war. Nonetheless, the Act does provide some time for the average borrower to find a solution. The controlled loans their time dealing with officers feel their "projects that lent to department spends problem loans. job is should never to attempt of Controlled loan to collect been financed. inexperienced, undercapitalized most on Money was individuals on lending criteria knowledge the With imprudent, backs on the in authority turned their and that people standard were rampant" "sweetheart deals feel that departments that ... it was most the herd loans. allowed risky which of these in individuals Many projects". ill conceived loans these were the worst mentality of kind". Most real estate professional interviewed agreed in retrospect that even discipline within the 1986, they still would for real estate if it were possible banking industry not have cooled development. A to maintain from 1982 to the enthusiasm specialist from a controlled loan department of a major Boston bank echoed these feelings: ... bankers should have never given out 100% financing, and developers should have never They taken it, everyone knew it was wrong. (lending officers) used examples of large profit taking as an excuse to open the flood gates and allowed years of experience to remain silent. In addition, there the mentality are serious questions regarding of developers during the boom period. A senior workout specialist at a major bank in New England describes the aggressive behavior of developers: Many developers believe those late night cable The ones programs on real estate development. that say you can buy all that property with no money down, and if anyone says that you can't, then we'll show you away to negotiate around Workout specialists have little patience them!. for the naive, new, arrogant developers. this attitude, developers who have As a result of are from their projects the excess cash flow been draining increase the require they the banks balking when equity in existing projects. Times have changed, eighteen to twenty four months ago a successful workout would likely have resulted from the discussions held with a officer in controlled loans. cannot pay the borrower because the negotiated themselves in a Banks find debt service. the bank coming back to of those agreements with many real estate, and the declining market in However, with having to liquidate the properties in a significantly worse than it lower position of market that is was two years ago. Given the failure rate of these renegotiated loans, banks have come to see giant set of the "workout situations" as a mistakes. Changes which laws their revised to borrowers seek the greatly assist assets. In Prior bankruptcy proceedings of 1989, available to to being would take same proceedings recovering ability in the process in assets more Currently, the banks October speed up repayment. the bankruptcy have taken place in the laws order to where make the lenders trying revised, the six to to entire nine months. will take four to six months. of the The marriage dissolving 1980's, is in the banking and The relationship is hostile. The 1990's. the during industries the banking real estate and real estate industries are very different than in recent past. Banking offer the same solutions that to change to deal with previously they made and expectations need Borrowers perceptions available. willing to no longer professionals are the new realities of the current business climate. offered assistance benefit borrowers would While borrowers are lenders into by banks, using threats as greatly from the than not often more an attempt to offering concessions. coax the Borrowers threaten to go into bankruptcy or to file a lender liability suit as a obviously, these means to forestall foreclosure. threats contribute to the greatly current hostility between banks and borrowers. As long as negotiation process unlikely and these threats are a mutually satisfying the odds of irreparable part of the agreement is damage to the relationship between lender and borrower increases. In the past, bankruptcy as the lever to was the primary tool used force bankers to yield concessions. of the troubles experienced in This was especially true using to persuade lenders were interviewed loan departments who say that lender liability is an issue A Vice on a daily basis. have to deal with that they Many to workout their loans. officers in the controlled of the are weapon borrowers the latest has become liability and lender However, times have changed the Southwest. President in charge of the controlled loan department of a major Boston bank explains: "If one of the clients I'm dealing with does not threaten me with lender liability, then the guy next to me will be threatened". legal basis The from court a for lender decision which liability originates held "verbal that: statements were implied commitments." liability lender The suit from surfaced conversations which occurred when a borrower was signing a loan approved by the lending a long negotiated with agreement. a few borrower had no During loan The years to maturity. bullet or to as are referred case the relationship. business term officer with whom he had These loans balloon loans. experience with this the signing, the borrower lending officer how the balloon In this type of asked the payment was going to be short time?. made when the note came due in such a response, the lending officer assured the to worry and that the was In borrower not situation will be worked out when the time comes. implied statement implied this in and commitments" verbal the case new financing to offer a commitment were statements "verbal that ruled judge The when the note came due. If you cannot pay your debt suits, the trend is clear. it will be increasingly to the bank, to lender liability the impact of the Regardless of maintain control property. of your ownership and difficult for you Banks are now under enormous pressure to deal with their problems. examiners a As them to who want banks the result, with assets at recognize their value, which means their current faced are tomorrows liquidation price. The problem troubled of recognizing forces property, realistically deal A property. value of the current with the economic viability pension fund advisor to involved everyone of the the discussed realities of a depressed real estate market: The property is only worth what the property can produce in income, regardless of how much it cost to build. This is not rocket science, and any property can be sold or fully leased if you lower the price far enough. The pension workouts are fund more of a advisor further political issue at felt that banks. The question is when will a Sr. V.P. authorize his people to advisor sympathized The pension fund the price?. bite the bullet and lower the banks with the workout choices have : How are the decisions at the banks were made? How much is quantitative and how much was emotional?... At some point you have to come to grips with a loss or settle for lower returns. There of the market a large will play role in the One predictable result according a major New England bank is reclassify real real estate. future of to a Vice President of losses the that the heavy real estate will prompt banks banks are experiencing in to environment current workout The past. failed from the effects lasting will be estate into a much higher risk This reclassification will result in the cost category. significantly in for real estate increasing of capital the future. The potential high risk category is consistent estate projects into a with the feeling held by that it TCW's Vincent Martin, he feels for that is important develop a control mechanism of the resulting equation. reclassify real action by banks to An from tighter control mechanism needed. the real estate market to restrain the supply side increasing bank controls cost of may be capital just the CHAPTER THREE - THE ACADEMIC VIEW One described Chapter the history of the of some factors influencing the real estate market over the last variables included The eight decade. and surveys of real were accumulated through interviews estate professionals. To begin they felt asked what real estate market primary forces driving the were the for this the research professionals were thesis, these one in chapter of the 1980's?. chapter This focuses projects and discusses the on specific impact of these variables on the micro real estate market. Specifically their impact on distressed real estate is examined at length. by James which to survey from professionals, an Boykin provides start about questioning the and properties excellent these specific causes A 1985 point real estate of project failure. If more specific reasons individual properties can for the default of be determined and understood, this information will serve as the foundation for sound economic decision-making as the properties re-enter the market. The following chapter continues toward the goal of this thesis to develop a framework for thinking about workouts in the future. The article by Boykin entitled "Why Real Estate Projects Fail" provided the results of survey of real estate why real a 1985 national executives of the primary reasons estate projects fail. Boykin identified nine specific reasons why projects fail. (1) Inaccurate or overly optimistic market feasibility study. (2) Poor planning. (3) Financing problems. (4) Location problems. (5) Improper timing. (6) Lack of professional experience. (7) Construction problems. (8) Weak project management. (9) Inadequate cash flow projections. In order to better understand the nine specific reasons for in his real estate failures which study, an Boykin includes individual discussion of each reason should prove useful. (1) Inaccurate or overly optimistic market feasibility study. 60 The industry surveys proved to Boykin that the age old problem of overestimating market still holds attributed true today. demand for real estate The factors ranging to several was overestimation from poor data bases to improper analysis: The executives who faulted feasibility studies all implied that the studies erred by forecasting an overly optimistic absorption rate of space or of market acceptance of the space. This failure was sometimes identified as an inaccurate determination of the magnitude of need for the proposed space. Other studies were characterized as containing inadequate analysis of market data or as poorly interpreting the available data such as terrain, executives Some demographics. and markets, suggested that reasonable economic feasibility and marketability reports occasionally were analyzed improperly by the developer. (Boykin at p. 89) (2) Poor planning. A number of survey of the respondents concluded that one key ingredients consistently missing was in the Often, goals were preliminary planning of a project. set which could simply not be accomplished: Inadequacy of planning prior to a project's development or the acquisition of real estate was the second most frequently mentioned cause of failure, but it was a difficult cause to pinpoint. Sometimes it was identified as lack of project preplanning or improper design and It was related to "unrealistic conception. goals" or to uncertainty about the final goal to be achieved. (Boykin at p. 89) (3) Financing problems. one of the most estate deal-- real critical elements of any successful proper capitalization consistently cited as interest rates, overleveraged deals. also The effects of higher undercaptalized and projects, structuring financial was failure of many a reason for the of the 1980's real estate -- contributed significantly to the growth of failed real estate: Respondents specified two types of financing problems that led to project failure: a rise in interest rates after the project was conceived Not financing. structure of and improper was always surprising, the second problem associated with the first. However, even in the absence of interest changes, projects failed or were undercapitalized because the overleveraged structures that resulted in unanticipated financial difficulties when there in economic change was an unfavorable conditions. (Boykin at p. 89) (4) Location Problems Inexperience on the part of real estate developers new to the process led to locations. included the consistent selection of poor Again, a wide range of problems existed which poor selection of sites and numerous zoning conflicts. Location problems included sites that were simply wrong for the given project, sites that did not coincide with local planning objectives, and sites that clashed with surrounding zoning The failure to obtain and building esthetics. among was included appropriate zoning the 89) p. at (Boykin problems. location (5) Improper Timing. The lack of experience was also evident in the area of judging the economic feasibility of real estate projects. Poorly evaluated projects were extra sensitive to changes in market conditions: Improper timing as a cause of project failure seems to be almost entirely associated with ( of course, the "inaccurate feasibility study". same is also true, to a lesser degree, of "financing problems" and "location problems".) Projects fail because they encounter unfavorable changes in the local or national economy, because they ignore national or local trends, or because (Boykin they fail to specific market downturns. at p. 89) (6) Lack of professional experience. (7) Construction problems. (8) Weak project management. If the three reasons for failure, lack of professional experience, construction problems, and weak project management, are considered to be different facets of a major category, "failure of the project developer to control the project," this cause becomes as important as the first cause on the list, poor feasibility studies. Examples of developer failure are as diverse as the number of failures. Among the subcauses that the are failure developer to contribute following: the * * * * * * * * * Insufficient experience Lack of "follow through" after the project is completed Inept administration Inexperienced or incompetent project personnel Understaffed project teams Excessive personnel turnover on project teams Inaccurate construction estimates Ill-advised economies on construction materials (for Excessive or unanticipated cost overruns (Boykin at p. 89) many reasons). the understand to Failure and pipeline the unwillingness to recognize the impact of other properties recognized are 1980's the During capital, many unqualified accustomed businessmen, overseeing their own business their for were to to do watching of estate market who so. the businesses assumed transferrable estate. availability general of to Successful details the skills real and of estate They entered the development business often development. times the people entered the real clearly were with of real field the experience in professional lack the of examples two as a single project which ended with tragic results. (9) Inadequate cash flow projections. Inaccurate cash flow projections are a cause of failure that can be subsumed in all of the preceding sections. The problem may be caused by of understanding of the project, a lack unrealistic assumptions, lack of knowledge about the market or the suitability of the project for that market or by underestimated expenses and costs. (Boykin at p. 89) The of lack financing of apparent with estate projects real the regarding knowledge specific Cash flow projections financial analysis. became very to poor due failures of number also the were simply wrong in a number of cases. was conducted during a Boykin's survey England real New observers differences Boykin's were between failure Southwestern During the New England boom, real estate was crashing. local booming and estate was period when of fond New sample England represents pointing and the out Texas. the Since Southwestern experience to a great degree, a local New England sample of interviewees factors. Their was asked responses to to respond the list is chapter four, The Industry View. to the Boykin contained in CHAPTER FOUR - THE INDUSTRY VIEW This chapter explores variables that impacted specific real estate projects and interviews comparing presented in questions by the them to of results the presenting for framework The intent chapter three. in these interviews was to encourage industry professionals to go interviewees included: conducted, of members a board of bank lawyers and real directors, and estate specialists, real bankruptcy attorneys, developers, professors, consultants, interviews were bank presidents and controlled loan brokers, workout estate Thirty properties failed. reasons why the specific generalities to explain beyond the accountants, and property managers. REASONS FOR DEFAULT Boykin presented nine variables that can be used to explain why a particular property would go into default. In general, the interviewees agreed with the variables Boykin presented, although they tended to group the nine variables overly into three optimistic main categories: market feasibility 66 inaccurate studies, or debt structure and lack The experience. of professional industry professionals, as a group, placed the remaining six variables under the regarded them they expanded upon as three main categories because inseparable. The the descriptions that Boykin interviewees offered and proposed several variables that were not included in the Boykin model. THE INTERVIEWEES MODEL: (1) Inaccurate or overly optimistic feasibility study: * * * * * Poor planning poor market knowledge location problems improper timing overbuilt markets (2) Debt structure, capitalization: debt/equity * related to inexperience (3) Lack of professional experience: * * construction problems weak project management ADDITIONAL VARIABLES ADVANCED BY INTERVIEWEES: (4) Slow down of regional economy: * overestimating demand * ignore macroeconomic factors businesses need for real estate (5) Relaxed lending criteria, Fraud (6) Obsolescence: * functional * physical which impact * economic OPTIMISTIC OVERLY OR INACCURATE FEASIBILITY MARKET STUDY. as well as those he planning, poor overbuilt and described under poor problems and to the downturn other and To markets. variables were interviewees, these to each category of market knowledge, location timing improper that included they described under his characteristics Boykin the same name reason main the this category, Within fail. projects as surveys market optimistic overly cited interviewees the of half Over the intricately related real estate in the market. bank A specializing in consultant said properties distressed go through "developers would in... while developers would at saw the proper cases with where procedures of market that they intended to conducting a survey of the build he dealing the same use the same market time... two other survey to support the feasibility of their project." In these cases he saw all the variables at work. An example of a this was specific project which illustrated described by development firm which a vice president of is adjusting to the an eminent market by counterbalancing their excess capacity with workouts for cited an She banks. to under and planned projects similar other consider failed addition, and in demand assess correctly did not example where developers construction in the area. Three residential in a small third condominium projects were built The second and Massachusetts. village in developers similar started attached high-end housing projects based on the enthusiastic response that the first developer received from the village residents. Developers two enough of a demand for there was not not confirm if and three did their projects. out all the alone projects two the first development, let units in As it happened, to sell sufficient demand there was and three. The developer responsible for the workout of the first project pointed out that the units were priced too high to attract from people to shift the during later, the banks refused to the prices changed. when it The area. inflexible when the market original developers remained started local the construction phase, and allow the developer to drop became apparent the market had The banks action was described as "holding the developers feet to the fire," all this bank foreclosing on bank spending the property hundreds of resulted in the and resulted thousands of in the dollars to from the second and the differentiate the first project third. interest rate offer low it necessary to bank also found The the financing in hope of selling the units. interviewees who stated that She agreed with other most often, " with age, and doesn't improve it is better to cut your price, sell the inability the realistic goals, demand. was characterized would support location that select a general form demand, assess correctly acknowledge product, understand to specific this project In lesson. impact of the variables example, the the a and learn units by troubled property that a reasoning is loss." The loss is your best your first trends market and existing the impact of competition on the of these variables were critical factors All which affected the project. A university real and developer estate professor offered his insight in regard to "poor planning." He saw people utilizing goals," and "short term long term people unrealistically explained that many entered the real estate market, long term strategies for which has always been a business, with the intentions of selling out within a period of months instead of years. "Improper the failure timing" described of projects by Boykin attributes to unfavorable changes 70 in the economy, specific market downturns regional or national specific to projects when businesses, regional he are this said, economic slow that, since real estate businesses, a slow eventually hurts A down. banking the regional generators," "demand negatively being A variable. slow down of on the consultant commented economy attributed the failure of Many interviewees or trends. affected by fundamental fact in real estate. the the is for other provides facilities down or regional economy to describe He went on what occurs when you combine the downturn in the economy with the existing oversupply of real estate. "The competition for tenants drives down the rental rates and real estate values decline as a result." He maintained to that inventory has be principal reasons of the large considered default, supply to be of one although it excess of the is more a result of the variables discussed in chapter one. DEBT STRUCTURE. Throughout the interviewing process, professionals attributed the failure of many projects to improper debt structures. The and over again. phrase "too much debt" was Many times a project used over was started just was available. because the financing to them. projections developers presented accepted the In many cases, bankers based their lending decisions on with relationships personal Lenders regularly past and developers the economics of the specific successes, rather than on project . During of 1982 to 1986 many projects were "tax driven deals", built or many projects were the reason acquired was to exploit tax benefits for investors. A vice that developers bullish and times the very aggressive, were "great salesman, said many The accountant very optimistic. for ask would developers firm said a major accounting president in percent 100 financing, fully expecting the bank to only authorize 80 percent. When they would consider would use the project. just to it "free money," and in many cases next development initiate the money to the loan, amount of the full they got They place an enormous amount of their efforts get developers loan financing their for projects. presentation was so polished the developers received the "The that when full amount they requested, they convinced themselves the project could support the full amount of the loan". The bank consultant specializing in distressed properties also felt that the "easy money" of the 1980's was primary cause developers 100% of default. He said that financing was unfortunate 72 "giving because they in a responsible manner". just did not handle it A real estate professional specializing in property management banks simply too much many cases there was commented that in He said he could not believe the "amount of money debt. that assets for manages troubled and who lent on was support 25 buildings apartment three maintenance with a 40 to involved with debt." He was percent of the only they could properties, these from suffering 60 percent vacancy deferred rate that had been refinanced well above the properties ability to support the new levels of debt. of a The president bank consulting firm gave the only different opinion regarding debt, by cutting right to the heart of the debt I asked him if he felt failure were "overbuilding causes of the main issue. and too much debt"?, his response was: "If you feel debt was the cause of failure, pointed out that the individual properties whether they you just don't understand!". then have overall real are affected all debt or estate market to the all He and same degree equity. "Is a property which is owned by a large pension fund that has zero debt affected any less than the property owned by a first time developer with 100% debt, economy slows estate?" down and there He continued, creates competition "...an when the regional is an oversupply of real oversupply of property for the same tenants, 73 which drives down rental rates and as a people to real estate, of the the problems only magnified causing certain out that The bank consultant pointed estate declines." debt result the value of the real be taken the market out of sooner. have funds Pension strength financial the to weather any downturn in the real estate market, but when will respond real estate allocations out of by pulling future fund and place funds the pension lower yields, estate produces real of their a higher concentration funds in alternative investments. of the changing tax benefits on a project. the tax benefits TRA of 86 took away the value" estate; when real of the impact had another point about The consultant He said that "that subsidized tax benefits were discontinued, the realization that the projects were not economically viable had to be dealt with. former A banker and workout specialist who is currently working for a real estate syndicator in Texas, about his talked his works new employer for acquired experiences regarding acquired. 351 buildings partnerships to take advantage estate was benefits The enjoying from 74 company he and created currently limited of the tax benefits real When the tax discontinued with TRA 86, 1981 to were substantially the properties 1986. properties could support it's underlying not one of the debt. The syndicator spends his time taking each property through chapter 11 bankruptcy proceedings to restructure the debt. LACK OF PROFESSIONAL EXPERIENCE Almost two-thirds of the interviewees cited lack of contributed to many of the group they felt inexperience problems to related or inaccurate a As a of specific projects. in the failure major role which played a variable experience as professional the category involving feasibility studies, first overly optimistic poor planning, poor market knowledge improper timing and location problems. To a lesser degree this variable was also related to problems with the financing structure of projects that failed. problems rooted from those There were, however, within inexperience that already described categories, including one that in the other were separate first two Boykin described as weak project management. Interviewees pointed to the personality of the classic real estate developer as a reason causing him to have unrealistic expectations. 75 Another workout that young inexperienced business people "feel immortal" when they receive a large sum of specialist commented They "kid themselves into thinking they have the money. golden touch and ignore the voice of experience." Some of the examples of these variables advanced by the projections life the of found in were errors Other common investment. over escalate to continued that were included instances interviewees the many proformas, they included: requiring a 5% increase in net operating income (NOI) per year, no planned vacancy, and no reserves to pay for future tenant turnover expenses. A developers this way: "These know what new developers just did not they were doing....... contractor... got inexperienced described specialist workout They got land... got financing... got building... and got clobbered!". A who had he saw cases where commented that in broker mortgage development or in operating experiences similar people inexperienced property obtained financing, got half way through the project and realized they were out of money. Several accounting senior firm workout pointed officials out that existed in large development firms. this at a problem major also They said managers phase or the development properly manage necessary to in-house controls had the firms rarely in development the project management of existing properties. accountants These noted that feedback on the to provide managers with were critical controls financial financial status of the projects and they had seen cases where controls were extremely inadequate and by the time recognized it problems were adjustments. appropriate late to make the of sufficient staff as was too Lack well as overburdened staff also led to crisis situations within that "lenders should look bankers was to accomplish the realities." He did not have companies of realities failures he They project. development the the market said up" catch saw were a result to the substance thought staff for suggestion Their companies. estate real to that many supervise "the Eventually and many a of the of in-house deficiencies instead of real estate specific problems. RELAXED LENDING CRITERIA AND FRAUD An interviewee who worked in a controlled loan department brought up this variable which Boykin did not include in his article. large bank said that was the reason many The officer who worked in a relaxed lending criteria and fraud troubled loans were approved. He under the been "money there had had seen cases where table to the lending officer, misrepresentation loan committee He committee." had to non-presentation and also loans seen to the the on loan troubled a member of the board properties that were made because of directors had an interest in the project. He cited incentives cases where to lend. lending officers' pay the quality of involved bank For example, in some was tied to the loan dollars lending given improper lenders were quantity and not placed. goals unrealistically high and had instances Another which had example been set forced lending officers to stretch lending guidelines to achieve them. Although fraud probably played failures, it is unlikely it the other interviewees although they a part in project was a major cause. made any mention did describe cases of of None of fraud, incompetence which bordered on fraudulent behavior by lending officers. A Boston Globe article on Loan debacle interviewees by supported the fraud in the Savings and opinion of down-playing the many role of fraud of the in the thrifts: "Despite, or perhaps because of, the regulators efforts, saving and loan loses are now so large that for fraud to account for even one third of them, or $50 billion, would require a level of criminal wrong doing so substantial many authorities think it unlikely. For example, it would mean that fraud in this one industry was more than twice the $23.5 billion of fraud of all types that the federal government investigated in the 1980's, and 25 times the amount that it prosecuted, according to justice department statistics. "If there was that much fraud, why are only hearing about it today?" asked James R. Barth, an Auburn University economist formerly with the office of thrift supervision, which regulates "Does anyone savings and loan institutions. loot these could people really believe that institutions of that much and the government not know a thing until it was all over?" huge salaries, over the Public anger exorbitant perks and cozy deals at individual institutions have been raging for more than a year, but concern that fraud was endemic in the industry, and a principal cause of many of the losses taxpayers must now foot, took off this spring when federal regulators reported that they had discovered evidence of wrong doing at 60 percent of failed institutions.... Of the 21,174 cases of suspected savings and loan crime referred to the department so far, 83 percent involve less than $25,000, Attorney General Dick Thornburgh told a senate committee last week. "The mere fact that you can find fraud at these institutions is not surprising; companies in their death throes lose control of their employees," said Edward J. Kane, an Ohio State University economist who has written extensively on the crisis. Along the way, all attracted some crooks. agree the policies "What the government did was the equivalent said of giving away the keys to the bank," all money's the when blame you do Litan. So who gone, the people who took it, or the people who gave away the keys?" The avoidable controlled mistakes loan. officer made by said he inexperienced had seen lending In one example a lending officer had accepted officers. land-locked, unbuildable In another situation It is emerged as a main that clear can be professionals loan documentation on seen in of part the has loan officers. focus for controlled inexperience of Evidence sold to satisfy jointly and could not be debt. used as same lot was and the collateral on four other projects. the the lot was only to find out that seeing the property, land was held without ever on an appraisal collateral based land as several of other the examples given above. A manager at a it for professional difficult was large accounting firm commented that outside the real estate industry to understand why developers and bankers apparently did not perform adequate risk analysis. OBSOLESCENCE Two of the interviewees identified one last variable that contributes That variable down into economic. poor to the failure of is obsolescence. three types: specific projects. Obsolescence functional, a project, whether physical and be the result of Functional obsolescence can design in is broken it be residential apartment complex or a commercial distribution facility. If the original use of the project can 80 not be realized because of poor design, the project would be considered functionally obsolete. Physical obsolescence can be the result of age and can or apartments including manufacturing facilities. attributed syndicator apartment affect many types of real estate, the complexes with The former which he bankruptcy to the combined effect tax code in of the banker turned of failure frame wood multi-story many was taking of the through of the changes in the 1986 and the obsolescence (design and age) buildings. Economic obsolescence is a loss in value due to factors external the to the property and owners control. obsolescence is: poor access problems. Some of the location, considered out of causes of economic noxious uses The economic obsolescence nearby, accrues to the improvements on the property only. Obsolescence is either curable or incurable, the following three matrixes are used to illustrate the most likely form you will observe under each category.[16] FUNCTIONAL OBSOLESCENCE CURABLE INCURABLE DUE TO: DESIGN TECHNOLOGICAL CHANGE Many variables that functionally obsolete would make new projects curable, however, are considered most professionals interviewed considered poor design to be incurable. An example of obsolescence as a result of technological change would multi-storied, wooden, and concrete, case of manufacturing were replaced by large single steel be the inner city facilities that story plants built out of which required advantage of assembly line production. the space to take PHYSICAL DETERIORATION INCURABLE CURABLE DUE TO: DEFERRED MAINTENANCE AGE DAMAGE Physical obsolescence and can be the result occurs in of one existing buildings or a combination deferred maintenance, age or damage to the structure. of ECONOMIC OBSOLESCENCE INCURABLE CURABLE DUE TO: POOR LOCATION OR A CHANGE IN NEARBY USE Ill-conceived projects are obsolete and are considered incurable. considered economically by most professionals to be Questions exist who as to is current oversupply of real estate? to blame for the Was the overshooting of the supply due to the overly lax credit standards and intensely competitive expansion by boom years Was the oversupply of real estate? overly optimistic developers? somewhere in the middle. explains how the banks during the due to The answer probably lies Karl Case of Wellesley College the inherent competition within the real estate industry promotes overdevelopment: one the reality is that we do not have central planning in this economy; private risk taking entrepreneurs who build projects in Hull don't coordinate their activities with those who build in old Orchard Beach or in Revere. From the standpoint of banks, what could be safer in the environment of 1983-87 than an 80%, fully collateralized loan? In fact, it was a natural downturn, and now the results must be dealt with. 85 CHAPTER 5- SUMMARY AND CONCLUSIONS Given this unprecedented time in the history of the real estate and banking industries, it is unecessary to spend the depressed time to assess blame for the Assessing market. currently blame is both counterproductive and likely to offer very little value. While this paper is an initial step in understanding why troubled properties them, the affect is research exist and in workout process illustrates that paper also needed how the developing a further solution to successfully dealing with large portfolios of distressed properties. These interview of Boykin's results are results, but respondents view generally supportive they differ in the the relationship between In addition, the two way that the factors. new categories of Obsolescence and Fraud were added. A dominant theme that throughout the research for lack of an even the most Developers simply did basic analysis on many during the 1980's. 86 surfaced this thesis was the obvious adherence to the fundamentals financial analysis. developed consistently In of market and not conduct of the properties response to the competitive market most banks were facing, many of their financing decisions made during this period of time were internally rather than on based on guidelines generated a complete analysis Given the long term estate development impact of real these decisions that based on a economically sound basis. project-by-project a imperative it is decisions, on comprehensive evaluation of all market and financial information available. type of is analysis critical acquiring the of feasibility be in This determining the developing new and properties. Four primary thesis. conclusions can First, the importance unyielding institutions. Guidelines for sound for experience and rash of failures illustrates the complex judgement as the The current that the ability to obtain a building is a very business that are Second, that there is no development industry has proven once again. financing and build financial must be established both practical and realistic. substitute of sound, consistent and criteria underwriting from this be drawn of real small part of estate. Third, the importance of fundamental market analysis is absolutely critical. it must In addition, be understood that supply and demand are separate and distinct and very few assumptions can be This thesis includes several examples developers made who mistakenly without sufficient believed 87 analysis. of inexperienced that the constant products entering of new supply The real estate market will simply not absorb does not. Banks are not investment loan money. is an independent of and make risk of lending with associated to invest officers. properly In 100% of willing to accept must be There to complete informed decisions the influence addition, borrowers advisors. part of investors obligation on the proper analysis the institutions which are financial that banks recognize must investors Finally, produced. product every that it market proves The current additional demand. reflected the market the repaying liability. If anything, the current real market estate reflects a hard learned lesson on the part of developers that being homework is overly a aggressive dangerous doing combination. responsibility of the developers the same mistakes which have in the without precarious position it It proper is the of the future to avoid put the real estate market is in today. only then will equilibrium return to the real estate market. BIBLIOGRAPHY 1. Adams, Mark R. and Purcell, Brian K. "Lessening the Risk of "Turnaround" Properties." Real Estate Review. Fall 1984. 2. Boykin, James. Estate Review. "Why Real Estate Projects Fail." Real Summer 1990. 3. Brady, Paul M. "Determining Loss Reserves on Distressed Property." Real Etate Review. Summer 1978. 4. Comptroller of the Currency. Comptroller's Handbook for National Bank Examiners. Washington D.C.: Comptroller of the Currency, February-August 1986. 5. DiPasquale, Denise and Wheaton, William. "The Cost of Capital, Tax Reform and the Future of the Rental Housing Market." Massachusetts Institute of Technology Center for Real Estate Development, Working Paper No. 18. May 1990. 6. Greider, William. Secrets of the Temple. Schuster: New York. 1987. Simon & 7. Gosselin, Peter G. "Search for S&L Culprits Maybe off the Mark." The Boston Globe. 30 July 1990. 8. Grubb, Robert C. "Making the Hold/Sell Decision for Distressed Property." Real Estate Review. Fall 1977. 9. Karras, Stath. "Soft Market Strategies: A Leasing Plan for Workout Prperties." Real Estate Review. Spring, Fall and Winter 1988. 10. Koskinen, John A. "Managing Large Portfolios of Troubled Real Estate." Real Estate Review. Summer 1976. 11. Martin, Vincent F. Jr. Managing Partner, CEO TCW Realty Advisors, Los Angeles. Massachusetts Institute of Technology Center for Real Estate Development Rose Lunchbox Series. 19 April 1990. 12. Rodino, Robert J. "Portfolio Strategy Development for Asset Managers." Real Estate Review. Winter 1987. 13. Sagalyn, Lynne B. and Louargand, Marc A. "Real Estate and the Next Recession." Citicorp Real Estate Finance Series, Massachusetts Institute of Technology Center for Real Estate Development, September, 1989. 14. Thomas, Paulette. "S&L Withdrawals Outpace Deposits in Early Part of '90." Wall Street Journal. 23 July 1990. 15. Wheaton, William. "Population and Employment Decentralization in America's Major Metropolitan Areas: 1967-1983." Massachusetts Institute of Technology Center for Real Estate Development, Working Paper No. 4. November 1986. 90 INTERVIEWS 1. Bacow, Lawrence. MIT Center for Real Estate Development, Cambridge, Ma. Interview by author. June 1990. 2. Baker, Harry. President at Baker Property Management, Warwick, RI. Interview by author. July 1990. 15 12 3. Bender, Robert. Vice President at Bank of New England, Lowell, Ma. Interview by author. 17 June 1990. 4. Black, Tom. Boston, Ma. Vice President at Bank of New England, Interview by author. 12 June 1990. 5. Cuggini, Marylynn. Vice President at Bank of Boston, Boston, Ma. Interview by author. 22 June 1990. 6. Di Cara, Lawrence. Partner at Peabody and Brown, Boston, Ma. Interview by author. 26 June 1990. 7. Dennison, Eric. Vice President at Kenneth Leventhal, Boston, Ma. Interview by author. 10 June 1990. 8. Eagan, James. President at Canton Institution for Savings, Canton, Ma. Interview by author. 10 June 1990. 9. Freiden, Bernard. MIT Department of Urban Studies and Planning, Cambridge, Ma. Interview by author. 20 May 1990. 10. Galowitz, Stephen. President at Harvard Real Estate and Urban Development Forum, Cambridge, Ma. Interview by author. 9 July 1990. 11. Gilfoyle, Kathleen. Vice President at Bank of New England, Boston, Ma. Interview by author. 3 August 1990. 12. Guscott, Kenneth. President at Long Bay Development, Boston, Ma. Interview by author. 7 July 1990. 13. Hatfield, Stephen. Arthur Anderson & Co., Boston, Ma. Interview by author. 1 August 1990. 14. Jaynes, Michael. Real Estate Syndicator, Houston, Tx. Interview by author. 1 July 1990. 91 15. Kurzina, Peter. Vice President at Argus Management, Boston, Ma. Interview by author. 19 June 1990. 16. Louargand, Marc. MIT Center for Real Estate Development, Cambridge, Ma. Interview by author. July 1990. 25 17. McAvey, Maureen. Director at Coopers & Lybrand, Boston, Ma. Interview by author. 30 July 1990. 18. McGlame, Sean. Stoughton, Ma. President at James Construction, Interview by author. 14 June 1990. 19. Megathalin, Donald. Boston District Council of the Urban Land Institute, Economic Research Association, Cambridge, Ma. Interview by author. 13 August 1990. 20. Merry, Jack. President at Standard Capital, Hingham, Ma. Interview by author. 3 July 1990. 21. Nahigian, Robert. President at Auburndale Realty, Auburndale, Ma. Interview by author. 24 June 1990. 22. Nixon, Lawrence. President at BEI, Boston, Ma. Interview by author. 19 June 1990. 23. Reader, John. Vice President Asset Management at Shawmut Bank, Boston, Ma. Interview by author. 17 June 1990. 24. Smith, David. President at Recapitalization Advisors, Boston, Ma. Interview by author. 12 July 1990. 25. Spelios, Susan. Asst. Vice President at Bank of New England, Pertinax Properties, Peabody, Ma. Interview by author. 16 June 1990. 26. Sperantas, Dean, President at Phoenix Realty Advisors, Key Biscayne, Fl. Interview by author, 27 June 1990. 27. Stucky, Nancy. Vice President at The Green Co., Newton, Ma. Interview by author. 14 June 1990. 28. Thomas, Stephen. Managing Director at Copley Real Estate Advisors, Boston, Ma. Interview by author. August 1990. 29. Valles, Alain. Vice President at Boston Advisory Group, Inc, Boston, Ma. Interview by author. 17 July 1990. 92 1 30. Wagley, James. Vice President at Kenneth Leventhal, Dallas, Tx. Interview by author. 14 July 1990. 31. Ward, Jared. Vice President at Bank of Boston, Boston, Ma. Interview by author. 12 June 1990. 32. Wheaton, William. MIT Department of Economics, Cambridge, Ma. Interview by author. 15 May 1990. 33. Wheeler, Michael. MIT Center for Real Estate Development, Cambridge, Ma. Interview by author. May 1990. 25