Whether you’re a loan originator, or a loan servicer, reviewing a commercial lease (or amendments) becomes more challenging in tough real estate markets simply because there are more tenants in distress – and you need to identify them. So, are there lease provisions that could indicate a distressed tenant? Below is a short list of… Continue Reading
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Why the Co-lender Train Wreck? Lenders Used Wrong Agreement
Posted in Good Times for Lenders, Tough Times for Lenders, Training, Workout IssuesTrain wrecks draw a crowd. Look at this old film from the 1913 California State Fair (click the text). 1913 Train Wreck Unfortunately, many co-lender structures (secured by distressed commercial real estate) look exactly like this train wreck…. Continue Reading
2012 MBA-CREF Convention Starts: Top Topics Span Good Times, Tough Times & Technology
Posted in Good Times for Lenders, Market Trends, Technology (including Green Buildings)Yesterday (Sunday) was the first day of the 2012 MBA-CREF Convention. The theme or tag-line is “Where Market Makers Meet.” The formal sessions start today, which cover content planned by the various councils comprising the MBA. Some times the “off the record” content is just as interesting as the planned presentations. (Or maybe they just… Continue Reading
New Name, New Look, Same Financial Community
Posted in Good Times for LendersWelcome to the newly redesigned Lenders 360 blog, formerly known as Tough Times for Lenders. Financial analysts and banking news headlines all point to better times, maybe even “good times,” for commercial lending markets. For the first time since 2008, employment figures are promising and major banks are well capitalized. Although challenges remain, economists generally… Continue Reading
Lessons Learned: More Tips on Topics to be Included in Loan Documents (& Modifications)
Posted in Market Trends, Training, Workout IssuesPeriodically I touch on topics that could be, or should be, covered in loan documents – either when the loan is initially closed and funded, or when the terms of the loan are revisited during an extension or a restructure (collection of blog posts on "lessons learned" [it is a long list]). Here are… Continue Reading
Collection Plate: Litigation Against Guarantors or Indemnitors Points to Lessons Learned – Tips on Underwriting & Loan Document Terms
Posted in Guaranty Issues, Remedies, Tough Times for Lenders(More on the Collection Plate collection, which focuses on the recovery side of our work – the bottom line, nitty-gritty, work of getting "back" the money.) Our economic eddy is at the stage where law suits against guarantors or indemnitors, on full payment and performance agreements or on "bad-boy" agreements, are reaching final judgment –… Continue Reading
Navigating Distressed Co-Lender Loans: Just Another (Dysfunctional) Modern (Finance) Family?
Posted in Market Trends, Tough Times for Lenders, Workout IssuesEarlier, I offered up some advice that in a workout, you really can’t take it personally. If that didn’t work for you, then here’s another approach that should resonate (I can’t get it out of my head): if you’re in a loan with other lenders, the co-lender structure probably has some real, real, real dysfunctional aspects to it … Continue Reading
Leases, Lenders & Letters of Credit: Lenders Taking New Approaches With Tenant Letters of Credit (lessons learned)
Posted in Good Times for Lenders, Tough Times for Lenders, Training, Workout IssuesWe know commercial real estate is all about the rents – and the credit of the tenant, which some times is enhanced by the tenant giving the landlord a letter of credit. David Staas and Michael Thomas recently clued me in on several lessons learned by commercial mortgage lenders, on the topic of letters of… Continue Reading
Lessons Learned: Future Loan Documents Should Cover These Topics (part ___)
Posted in Good Times for Lenders, Training, Workout IssuesGame #6 of the World Series (my Rangers v the now World Champion St. Louis Cardinals) gives the Rangers some painful pointers on "where" to improve for 2012: find someone, anyone, who can get a third strike – for the last out in an inning, for a win of the game, for a World Series… Continue Reading
Capital Markets Heading Where? Comments From the BisNow Dallas Capital Markets Summit
Posted in Good Times for Lenders, Market TrendsYesterday, I attended the BisNow Dallas Capital Markets Summit. My partner Chris Nixon chaired the debt panel in front of a crowed that looked to be 400+. The room was packed (forcing the hotel staff to bring in extra chairs). The focus was on "where are we heading on commercial real estate?" You can weigh in… Continue Reading