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Is Fed Abandoning Bailout Of Commercial Real Estate

Tyler Durden's picture




In what could have been the biggest piece of news today, yet making little headway into the media, the Fed announced that it is adopting a policy statement supporting "prudent commercial real estate loan workouts." And even though in traditional Fed fashion, the statement says a lot but is even more vague, some of the implications from a more nuanced read have very serious adverse implications for commercial real estate. The section:

Financial institutions that implement prudent loan workout arrangements
after performing comprehensive reviews of borrowers' financial
conditions will not be subject to criticism for engaging in these
efforts, even if the restructured loans have weaknesses that result in
adverse credit classifications. In addition, performing loans,
including those renewed or restructured on reasonable modified terms,
made to creditworthy borrowers, will not be subject to adverse
classification solely because the value of the underlying collateral
declined.

seems to imply that the Fed is now encouraging active loan workouts as a matter of policy. The other implication is that firms with CRE exposure can no longer rely on the Fed as a perpetual guarantor of risky exposure. Not only that, but in adopting a new policy strategy, the Fed is acknowledging the major problem that CRE writedowns will represent for banks, yet is telling banks to resolve problems on their own, while subsequently they will "not be subject to criticism for engaging in these
efforts."

The implications of this Fed action for the economy could be staggering as the $3.5 b,quadr,trillion CRE market will likely not receive the same largesse that residential real estate has been the recipient of ever since the conservatorship of the GSEs. And the biggest loser in all of this will be banks that still have not used the massive risk rally to offload whole loan and CMBS CRE holdings, and moreover, still have these marked at par or close thereby.

As Wilbur Ross and George Soros pointed out earlier, the trouble for CRE is just starting. If the Fed is unwilling to recreate QE for CRE, in the same way that it continues to bail out residential exposure, then look for a major double dip in the economy. The only wild card is why the Fed is letting this happen, although if the political backlash against just QE 1 is any indication, then it likely would not have been able to pass additional liquidity measures regardless.

Full Fed policy statement can be found here.




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Fri, 10/30/2009 - 17:12 | Link to Comment Anonymous
Fri, 10/30/2009 - 21:13 | Link to Comment mberry8870
mberry8870's picture

I disagree with the assessment. They are suggesting a conspiracy of collusion with the banks.

Fri, 10/30/2009 - 17:13 | Link to Comment Anonymous
Fri, 10/30/2009 - 20:30 | Link to Comment Marge N Call
Marge N Call's picture

Yeah, what the fuck was that about? The chart is unreal in the last 20 minutes.

Fri, 10/30/2009 - 17:14 | Link to Comment rostholder
rostholder's picture

What I read from this statement is that financial institutions who have exposure to real estate will be allowed to extend loans regardless of value so long as the "terms" are reasonable with respect to coverage ratios (ie. NOI / debt service > 1.0x).  What this allows banks to do is to extend loans which may be otherwise at a loan-to-value greater than 100% without any fear of negative issues from the OCC or other banking regulator.  Apparently "extend and pretend" is now a government policy.  

Fri, 10/30/2009 - 17:21 | Link to Comment Anonymous
Fri, 10/30/2009 - 21:12 | Link to Comment mberry8870
mberry8870's picture

Exactly. There is no way politically they can start this crap (TARP II) for CRE. The Fed is saying if you doctor the books (have under collateralized real estate loans that will be completely mismarked) we are not going to go after you. In my mind I view this as collusive. This is going to be very, very ugly for the longs.

Fri, 10/30/2009 - 17:26 | Link to Comment Green Sharts
Green Sharts's picture

That's also how I read it.  As long as the owner can pay interest, even at a reduced rate, a loan on a property that was 80% LTV and is now 130% LTV does not have to be written down on the balance sheet and charged against earnings.  So banks with deteriorating commercial loan books who can pull off extend and pretend will be under less pressure from regulators to raise additional capital.

Fri, 10/30/2009 - 17:34 | Link to Comment rostholder
rostholder's picture

Exactly.  What this does is eliminate the need for banks to write down or charge off their real estate assets based on value so long as interest is paid current.  Based on this rule, the banks will not raise new capital or realize marks on their direct holding of real estate loans.  This rule however, has no impact on the value of the real estate of course.   

Fri, 10/30/2009 - 17:27 | Link to Comment ZerOhead
ZerOhead's picture

"Apparently "extend and pretend" is now a government policy."

Correct... soon to be supplanted by "Don't ask / Don't tell"  no doubt.

 

 

Fri, 10/30/2009 - 17:44 | Link to Comment Miles Kendig
Miles Kendig's picture

Which has already been supplanted by don't look don't find. However, since you banks are so scared you have violated the don't ask, don't tell policy we will let everyone know that if you do your job and paper these monsters appropriately the fed will have your back.

Besides, the fed needs to limit the need for currency swaps and doing this will help.  For a time...

Fri, 10/30/2009 - 18:03 | Link to Comment deadhead
deadhead's picture

for the regionals, this means that they will extend just about anything and the prudent underwriting will go by the wayside, kicking the can once again.

this will end up costing us via fdic more money.

Fri, 10/30/2009 - 18:08 | Link to Comment Miles Kendig
Fri, 10/30/2009 - 18:22 | Link to Comment deadhead
deadhead's picture

most appropriate indeed!

Sat, 10/31/2009 - 00:53 | Link to Comment Assetman
Assetman's picture

... well unless the OCC and some other regulator comes in and imposes Formal Agreement standards on many of the regionals.

Just because the Fed gives the OK to overlook marking assets and employing underwriting standards, doesn't mean that the OCC/FDIC won't step in.  I'd think in many cases, it makes sense for the FDIC to come in a force better risk management and underwriting before they are faced with even more bailouts.

On the other hand, I think you are spot on-- this will still end up costing the FDIC a boatload of money down the road.

Sat, 10/31/2009 - 19:32 | Link to Comment Miles Kendig
Miles Kendig's picture

Agreed.  I cannot but help thinking the Sheila was sending a message Friday night.

Fri, 10/30/2009 - 17:27 | Link to Comment deadhead
deadhead's picture

I believe you are on the right track here rostholder.

Fri, 10/30/2009 - 17:27 | Link to Comment Anonymous
Fri, 10/30/2009 - 19:20 | Link to Comment Anonymous
Fri, 10/30/2009 - 19:41 | Link to Comment rostholder
rostholder's picture

Agreed.  This new policy does nothing to move the problem forward, just keep it where it is - on balance sheets of banks and CRE companies.  It's too bad that the debasement of a fiat currency (isn't that redundant) does nothing to aid in halting asset price/credit deflation.

Sat, 10/31/2009 - 05:40 | Link to Comment jm
jm's picture

Not necessarily.  It can reduce the burden of their debt service, but it will do nothing for CRE cashflow. 

Fri, 10/30/2009 - 17:16 | Link to Comment Zé Cacetudo
Zé Cacetudo's picture

Good! Fuck 'em, let the CRE stuff crash!

Having said that, a look at the late-day reaction of VNQ and IYR might suggest a different interpretation.

Fri, 10/30/2009 - 17:18 | Link to Comment waterdog
waterdog's picture

Looks like when Geithner told them the real debt ceiling number, they balked. I just wish they would get CRE over with and done.

Fri, 10/30/2009 - 17:18 | Link to Comment Anonymous
Fri, 10/30/2009 - 17:18 | Link to Comment SV
SV's picture

Maybe all the SRS haterz will finally leave the building and let the party start!

Fri, 10/30/2009 - 20:35 | Link to Comment Anonymous
Fri, 10/30/2009 - 17:21 | Link to Comment Screwball
Screwball's picture

Not sure how all this bookeeping works, but to this dumbass, it sounds like at some point, we will see bank bailout II.

Fri, 10/30/2009 - 17:25 | Link to Comment Leo Kolivakis
Leo Kolivakis's picture

Basically, more regional banks will go under, power will get more concentrated among the few kingpins.

Fri, 10/30/2009 - 18:01 | Link to Comment Anonymous
Fri, 10/30/2009 - 17:26 | Link to Comment Hansel
Hansel's picture

the $3.5 billion CRE market

ummm...

Fri, 10/30/2009 - 17:33 | Link to Comment ZerOhead
ZerOhead's picture

Wishful thinking... hey how many brazillions in a quadrillion?

Fri, 10/30/2009 - 18:08 | Link to Comment geopol
geopol's picture

3.5 Billion?? Ya Thats one midtown Manhattan skyscraper... 3.5 TRILLION

How about 100,000.00 under performing malls, and that's just the tip of the iceberg.

Davidowwitz and  Associates

Fri, 10/30/2009 - 17:28 | Link to Comment Anonymous
Fri, 10/30/2009 - 17:30 | Link to Comment dudley
dudley's picture

I read that as a positive step for main street.  If you look at what took place in the 80's most of the "real damage"  took place when bank examiners came in and classified any loans connected with real estate.  I am not saying that there are not major CRE issues but on a local grass roots basis banks were being told to cut their real estate loan portfolios and have been refusing ( at least in my neck of the woods ) to renew loans on small office buildings and shopping centers that are performing but because they are regarded as CRE have caused them to set aside extra reserves.  Any recovery will need to come from the grass roots rather than from the well connected elites who are tied into wall street.  So for my part this means the examiners might start to leave the smaller banks alone for once.

Fri, 10/30/2009 - 17:30 | Link to Comment max2205
max2205's picture

The Fed is dead.......

Fri, 10/30/2009 - 17:47 | Link to Comment Anonymous
Fri, 10/30/2009 - 17:30 | Link to Comment Andrei Vyshinsky
Andrei Vyshinsky's picture

The difference comes down to this: The household debt was held by very large institutions, the ones large enough to buy their safety from the political maggots that so eagerly provide it; the commercial debt is held by smaller, regional and local, "we-simply-can't-afford-those-kinds-of-payoffs", banks. I mean who from Goldman Sachs works for say, Charter One, for example? These folks get closed, not bail outs.

Fri, 10/30/2009 - 18:29 | Link to Comment Jim B
Jim B's picture

+1

too small to save....

Fri, 10/30/2009 - 21:19 | Link to Comment mberry8870
mberry8870's picture

That may be true but the way the FDIC works currently is to loss share and transfer assets. And where will they transfer to? The currenlty bailed out TBTF and or the FED. Either is will be a reckoning.

Fri, 10/30/2009 - 17:41 | Link to Comment Anonymous
Fri, 10/30/2009 - 17:42 | Link to Comment BennyBoy
BennyBoy's picture

Extend and pretend is our CRE policy.

Until Goldman tells us otherwise.

 

BB

Fri, 10/30/2009 - 17:44 | Link to Comment sysin3
sysin3's picture

Begs the question:

WTF is the Fed doing sticking its wick into CRE in the first damn place ??

Not their yob, man.

yeah, yeah, I know, we are not in Kansas any more.

Fri, 10/30/2009 - 17:52 | Link to Comment Brett in Manhattan
Brett in Manhattan's picture

According to Chris Whalen, JPM has a lot of CRE exposure, and, JPM basically "is" the Fed.

Fri, 10/30/2009 - 20:27 | Link to Comment Miles Kendig
Miles Kendig's picture

Through nominees of course...

Fri, 10/30/2009 - 17:46 | Link to Comment Miles Kendig
Miles Kendig's picture

The fed just added some mass and momentum to the avalanche...

Fri, 10/30/2009 - 19:01 | Link to Comment Anonymous
Fri, 10/30/2009 - 17:57 | Link to Comment Anonymous
Fri, 10/30/2009 - 18:00 | Link to Comment ghostfaceinvestah
ghostfaceinvestah's picture

Fannie monthly portfolio.

I am not great at calculus, but I am pretty sure even the second derivative of serious delinquencies got worse (table 9).

Any math majors out there who can help?

http://www.fanniemae.com/ir/pdf/monthly/2009/093009.pdf

Fri, 10/30/2009 - 20:44 | Link to Comment Anonymous
Fri, 10/30/2009 - 18:01 | Link to Comment dudley
dudley's picture

It has been unfortunate that bank examination decrees from Washington ( up and until now ) have dictated that all main street banks throught out the country should be treated the same so areas where CRE hardly went up in value at all are treated in the same way as areas where it went up several hundred percent.  Main street CRE in Texas, as an example, is much more viable than it is in California but they have been treated as being the same.  This has meant that the smaller banks have been frozen in the headlights and afraid to do anything.  Wall St. has access to all the lending mechanisms.  Main Street is entirely dependent on a thriving loan market from small banks and this is what needs the fix and hopefully this is what the Fed is now doing.

Fri, 10/30/2009 - 18:32 | Link to Comment Stoploss
Stoploss's picture

Sorry Dudley, i live in the great state of Texas, and it is anything BUT viable.

We got more empty brand new space around here, than a spider has legs. The difference is, this is just now hitting us. When oil was 147.00 / bbl, we got paid, which in effect, greatly slowed our slide down as opposed to the rest of the nation. Granted, we are not California, but we are just beginning to see the effects now. Also keep in mind we are very conservative.

We all know it's going get worse in the future ( here ).

Fri, 10/30/2009 - 19:25 | Link to Comment Anonymous
Fri, 10/30/2009 - 20:32 | Link to Comment Anonymous
Fri, 10/30/2009 - 18:05 | Link to Comment Careless Whisper
Careless Whisper's picture

MET, PRU, HIG have been very weak lately. Wondering if they have any CRE exposure?

Fri, 10/30/2009 - 18:30 | Link to Comment Anonymous
Fri, 10/30/2009 - 18:31 | Link to Comment AN0NYM0US
AN0NYM0US's picture

Tactical retreat only i.e. optics

CRE will be bailed just like Barney and friends will slip through an extension of Cash for Cul de Sacs and just like GMAC will again feed at the public trough

 

and the markets were down today because Sigma X had a stack overflow doing bonus calculations

Fri, 10/30/2009 - 18:45 | Link to Comment Anonymous
Fri, 10/30/2009 - 20:37 | Link to Comment Marge N Call
Marge N Call's picture

+100. Damn, they should have gone 64-bit last year.

Fri, 10/30/2009 - 18:53 | Link to Comment Anonymous
Fri, 10/30/2009 - 18:59 | Link to Comment Anonymous
Fri, 10/30/2009 - 19:14 | Link to Comment Anonymous
Fri, 10/30/2009 - 19:36 | Link to Comment loki
loki's picture

I'm completely confused.

The press release reads like they are giving the CRE-holding banks a pass (chance to "pretend/extend.")

Is this just lip service or a life line for them (banks/CRE?)

I admit, I still hold some shares in SRS and didn't want to cut them loose too soon, so I am asking for a specific reason.

 

Thanks in advance.

Fri, 10/30/2009 - 19:45 | Link to Comment Anonymous
Fri, 10/30/2009 - 20:04 | Link to Comment Anonymous
Fri, 10/30/2009 - 20:55 | Link to Comment Anonymous
Fri, 10/30/2009 - 21:26 | Link to Comment Anonymous
Fri, 10/30/2009 - 22:48 | Link to Comment Anonymous
Fri, 10/30/2009 - 23:21 | Link to Comment Brett in Manhattan
Brett in Manhattan's picture

My GUESS is that the market will do a mini-selloff in Nov, then we'll have the X-mas rally sometime in December. After New Year's Day, when the Wall St. bonuses are safely tucked away, is when it will really hit the fan.

Fri, 10/30/2009 - 23:09 | Link to Comment Anonymous
Sat, 10/31/2009 - 04:47 | Link to Comment badgerman67
badgerman67's picture

What is 5%, 5%, 3% and 6-7%?  And the answer is......typical underwriting assumptions for your 5-7 year hold acquisition model two years ago and in this order: vacancy, rent growth(maybe even higher for years 1-3), expense growth, and exit cap rate (may have been lower).  As we all know they are going to miss those numbers by a wide deviation.  What they are really addressing is the exit cap rate assumption as they cannot change the others.

The real question is what happens to the 10 yr T (or LIBOR) between now and 2012? The Fed will have to do everything it can to artificially maintain this rate. If rates spike there is no way you get to a 1.1 DCR (should be 1.2). Forget about the value of the reversion and its negative equity implications.  Typically CMBS loans had prepayment penalties (% fee, defeasance or some other onerous fee structure) .  Will they waive it?  One would think so, but probably more on a case by case basis as they would get a reduce income stream from debt service payments.  Maybe some income is better than none but if you end up with the deteriorating asset 2-3 years later are you better off?  Either way my guess is many owners will at some point bleed the cash flow and give it back in a more physically distressed state in the future.

Going forward what ownership entity is going to come out of pocket to meet debt service when the value of your asset is unlikely to recover in the foreseeable future?  Additionally where does the money come from to cover Cap Ex items even if you can stabilize your NOI to perform based on your workout assumptions?  It will be interesting.  But once again the main street investor is the one that will get screwed.  There will be no workouts for your strip mall, 10-50 unit apartment bldg, and/or your 15,000 SF office building in suburbs.  You get  screwed.

What happened to REITs in the last 30 minutes?  How about a 2-3 days for the shorts and not wanting to go into the weekend exposed.  Interesting to see what happens next week and if those positions are reestablished.

Sat, 10/31/2009 - 05:52 | Link to Comment Brick
Brick's picture

will not be subject to adverse classification solely because the value of the underlying collateral declined. I take that to mean that when regulator assess a banks loan it will only look at whether the debtor seems likely to keep paying over the short term and ignore the fact that the debtor is deeply underwater. I persoanlly think this is not prudent and ignoring the probability of default due to being underwater is a bit like fair value accounting. Financial institutions that implement prudent loan workout arrangements. This is a bit like giving banks a free pass providing they have made some effort to restructure loans. These are direct instructions from the FED to regulators to ignore potential losses and to not close banks until it is way too late and the taxpayer faces a huge bill.At the end of the day ignoring potential losses will not stop them happening.In theory restructuring loans could help but the reality is that banks will take a look at bad loans earlier than they would have with the result that losses will rack up quicker.

Sat, 10/31/2009 - 07:31 | Link to Comment Hephasteus
Hephasteus's picture

The poor CRE market is capitalized SQUAND. It won't ever be liquid again.

http://www.youtube.com/watch?v=prMOfdjyFK0

Sat, 10/31/2009 - 10:12 | Link to Comment Anonymous
Sat, 10/31/2009 - 10:14 | Link to Comment Anonymous
Sat, 10/31/2009 - 12:52 | Link to Comment Anonymous
Sat, 10/31/2009 - 12:18 | Link to Comment Kevekev
Kevekev's picture

Does anyone know how this affects TALF?  Is TALF still alive?

Sat, 10/31/2009 - 12:43 | Link to Comment Anonymous
Sat, 10/31/2009 - 12:51 | Link to Comment Anonymous
Sat, 10/31/2009 - 13:24 | Link to Comment Anonymous
Sat, 10/31/2009 - 14:32 | Link to Comment Mark Beck
Mark Beck's picture

Can the FED really recreate QE for CRE securities and not kill whats left of confidence in the dollar?

A lot of smaller institutions received TARP money, and the rubber band TARPopotamus will most likely be extended beyond the end of the year. Here is the report.

http://financialstability.gov/docs/transaction-reports/transactions-report_10062009.pdf

I wonder if George has any large USD holdings? 

Sat, 10/31/2009 - 16:14 | Link to Comment Anonymous
Sat, 10/31/2009 - 17:06 | Link to Comment Zippyin Annapolis
Zippyin Annapolis's picture

Interesting Fed reading but my bet is on the WSJ report--we are sweeping this all under the rug and No One will blow the whistle until we have a systemic failure:

"""Banks have generally been keeping a lid on commercial real-estate losses by extending these mortgages upon maturity. However, that practice, billed by many industry observers as "extending and pretending," has come under criticism by some analysts and investors as it promises to put off the pains into the future.

Now federal regulators are essentially sanctioning the practice as long as banks restructure loans prudently. The federal guidelines note that banks that conduct "prudent" loan workouts after looking at the borrower's financial condition "will not be subject to criticism (by regulators) for engaging in these efforts." In addition, loans to creditworthy borrowers that have been restructured and are current won't be reclassified as "high risk" by regulators solely because the collateral backing them has declined to an amount less than the loan balance, the new guidelines state.

Critics say the new rules are yet another example of a head-in-the-sand approach by regulators, pointing to the relaxed accounting standards last year that enabled banks to avoid marking the value of the loans down. This is doing long-term damage to the economy, they say, because it ties up bank capital, preventing them from resuming lending.

 

Sat, 10/31/2009 - 19:33 | Link to Comment Anonymous
Sat, 10/31/2009 - 20:49 | Link to Comment Anonymous
Sat, 10/31/2009 - 20:43 | Link to Comment Anonymous
Sat, 10/31/2009 - 20:47 | Link to Comment Anonymous
Sat, 10/31/2009 - 20:50 | Link to Comment Anonymous
Sat, 10/31/2009 - 22:17 | Link to Comment time123
time123's picture

It has always been the case that RRE has priority than CRE when it comes to bailout actions. The big question is: are they postponing the CRE bailout, or is such a bailout getting completely out of the picture? Time will tell

 

time123

admin: http://inverics.com

Sun, 11/01/2009 - 08:50 | Link to Comment Pondmaster
Pondmaster's picture

Hey, would these guys lie ? If Timmy and Ben say so .. its gospel !!

Banks Can Handle Commercial Real Estate Losses, Geithner Says 10-30-09

http://tinyurl.com/ygz8wpw

“That’s a problem the economy can manage through even though it’s going to be still exceptionally difficult,” he said in response to a question at the Economic Club of Chicago.

“You can say now with confidence that the financial system is stable, the economy is stabilized,” Geithner said, noting the report this week that GDP grew at an annual rate of 3.5 percent in the third quarter.

 

http://www.cbsnews.com/stories/2007/03/28/business/main2619947.shtml

3-28-07

Bernanke: No Recession On Horizon Fed Chairman Tells Congress Economic Expansion Not Running Out Of Steam

 

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