Commercial Loans Blog

Commercial Loans on Broken Condo's

Posted by George Blackburne on Sat, Mar 19, 2016

Broken_condo.jpgDuring the real estate crash of 2008, there were a ton of broken condo's in Florida.  Developers would start new residential condo projects in 2007, and by mid-2008, the residential real estate market had completely collapsed.  The developer would build a 100-unit condo project, but he would only sell 35 of them.  The rest of them, usually several years later, would eventually be rented out as apartments.  Voila!  You have a broken condo.

The construction lender, almost always a commercial bank, is usually is forced to foreclose and ends up owning the 65 unsold rental units.  Typically the foreclosing bank will offer the 65 rental units for sale as a bulk sale.  Why a bulk sale?  Why not sell off the condo's individually?  Wouldn't the bank recover a lot more by selling off the apartment units individually?  After all, individuals condo's fetch far more (1.4x) per square foot than apartments.

In a few more paragraphs, I'll explain why.  For now, however, suffice it to say that all 65 units will almost always be sold off in bulk.  Your commercial-investment property client wants to buy these 65 rental units because they are almost brand new, and they were built with far more amenities than most apartment buildings.  The object today is to finance this broken condo.

For the reasons I will outline further below, few banks will finance broken condo's.  There are around 5,400 commercial banks in the U.S., and probably fewer than a 300 of them will touch a broken condo.  But some banks will indeed finance broken condo's.

Most banks which will finance the purchase of a broken condo will only do so if the borrower is acquiring a majority of the condo units.  This is important to the bank because the bank needs to  control the homeowners' association (HOA); otherwise the HOA might pass a rule detrimental to the bank, such as no For Sale signs on the property.  If your buyer is acquiring less than half of the condo units, you'll need to apply to a private money lender, like Blackburne & Sons.  We here at Blackburne & Sons absolutely love-love-love to finance broken condo's.

 

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The best way to get a commercial loan from a bank on a broken condo is by using C-Loans.com. When you enter your commercial loan into C-Loans, you should apply for a standard first mortgage on an apartment building (please remember that - as an apartment building).  In the Special Issues section, be sure to write that, "This is a broken condo project.  My client is buying ____ units out of a total of ____ units."

 

Submit Your Loan to 750 CommercialLender

 

If you don't have any takers for your particular project, be sure to write to me personally.  In the Subject line, please type:  "Need Help With a Broken Condo."

 

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Okay, now let's go back and see why so many commercial lenders are freaked out about making commercial loans on broken condo's.  When a foreclosing construction lender takes title to a large number of unsold condominium units, it typically acquires the Special Declarant Rights and thereby become a successor Declarant.  Huh?  What on earth is a Declarant?

The Declarant is the person or entity that creates the original governing documents for the association. The Declarant is generally the developer of the project and usually reserves certain rights and powers to himself related to the sale of units in the project, extra voting rights, etc.

Okay, I kind of understand... But what are these Declarant's Rights that the developer is so desperate to reserve?

The Declarant's Rights are found within an association’s declaration. Here are some typical rights reserved by the declarant:

  1. Promotion: This allows the declarant to maintain model homes, a sales office within an existing building or unit, construct a temporary building for housing of a sales office and erect advertising or signage promoting the project and the sale of units;

  2. Construction: This allows the declarant to make alterations, additions or improvements to the property that it deems necessary or advisable for the project. This often includes landscaping and the storage of construction equipment and materials upon the property, without the payment of any fee;

  3. Easement and dedication: Easement rights allow the declarant to provide access to the property to any governmental authority, public or other utilities serving any lot or unit. Dedication rights allow the declarant to dedicate or transfer portions of an association’s common area to a county, municipality or other governmental authority that has jurisdiction over the property;

  4. Architectural control: This allows the declarant to formulate and bind all of the owners to certain standards governing the appearance of units/homes and the community as a whole;

  5. Amendment: In addition to possessing the authority to add property to the development, declarants typically have the unilateral ability to amend an association’s governing documents. In addition, any amendments the membership wishes to pass are also typically required to be approved by the declarant. If the declarant does not agree and its approval is needed, an amendment to the association’s governing documents will fail;

  6. Assessment payment exemption: Most declarations include an assessment payment exemption for the declarant. Often the obligation to pay assessments for a particular unit or lot does not commence until the declarant sells to a third party;

  7. Assignment: The right to assign allows the declarant to transfer to a third party all or some of the rights granted in the declaration.

Source: http://www.keaycostello.com/collections/declarants-rights/

 

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Okay, George, I now pretty much understand what a Declarant is and why he wants to retain his Declarant's Rights.  But why does a commercial lender give a hoot?

Let's suppose your bank finances a condo development, and the bank is forced to foreclose on a project that is not complete.  The pool hasn't been dug, and the garages are not completed.  As a successor Declarant, the lender is usually subject to all liabilities and obligations imposed by law on the developer, including unpaid assessments for the foreclosed units.

As a successor Declarant and a dealer (you sell more than 4 units per year), the lender is responsible for delivering a public offering statement (POS) to purchasers and is liable for any "omission of material fact there from if the lender had actual knowledge of the misrepresentation or omission or, in the exercise of reasonable care, should have known of the misrepresentation or omission."  In addition, as a successor Declarant and Dealer, the lender will be liable for breach of the implied warranties of quality with regard to those units sold by the lender and the undivided interest in the common elements attributable to those units. These warranty claims typically involve defective building envelopes and can cost millions of dollars and take years to resolve.

 Yikes.  I'm just a banker, not a builder.  I don't want to warrant that anything is free of defect.

The lender can avoid substantially all of these liabilities obligations by recording an instrument declaring its intention to hold the Special Declarant Rights solely for transfer to another person as part of a bulk sale of the remaining units to that person.  This option does not allow the lender to recover the higher revenues that may be available by individually selling the units.

Now you know why the bank will insist on a bulk sale.

Attention Brokers:  It is our hope that you will avail yourselves of C-Loans.com again and again; but first I just need you to register on C-Loans.  This does NOT mean clicking on one of the blue buttons and getting a freebie.  This means completed Step One of Six on C-Loans.  Basically you're just filling in your name and contact information.  We want you in a sprint start, so that you can immediately start entering your commercial loan request when you come across a live deal.

Therefore we are going to bribe you.  We will give you a free copy of my famous Commercial Mortgage Underwriting Manual.  But please, be fair.  We're giving you a $199 freebie.  Use your real email address!  Recently a bunch of folks have been using email addresses other than their main email address.  Basically they are giving me an email address for Junk Email.  

C'mon, guys, you and I only make dough when we close loans together, and I need to remind you from time to time-to-time that:

  1. Blackburne & Sons makes loans on broken condo's;

  2. We finance nudie bars and strip centers with X-rated book stores;

  3. We will sometimes make non-recourse loans; and

  4. We will allow the seller to carry back a second mortgage behind us.

  5. Etc.

So please be sure to use your real email address  I promise you'll find our joke-filled newsletters entertaining.

 

Free $199 Commercial  Underwriting Manual 

 

Topics: broken condo

Financing Broken Condo's

Posted by George Blackburne on Tue, May 12, 2009

A Broken Condo is a Project That Didn't Sell Out

Commercial loan brokers should be on the look-out for broken condo projects. There is a good chance to make a nice commercial loan brokerage commission.

A broken condo project is a residential condominium project that didn't sell out. The unsold units are usually converted back to multifamily rental housing.

I spoke with a major commercial loan officer at a large bank today. This bank makes portfolio apartment loans. I asked him if it is possible to finance broken condo's.

His reply surprised me. He indicated that, of course, that if none of the condo units were sold, that a normal apartment loan is a no-brainer.

But he also indicated that if only a handful of the units were sold that a portfolio loan on the rental units would be possible.

However, he stressed that if too many of the units were sold as condo's that such a deal would be impossible. How many is too many? Certainly if 25% of the condo units had been sold, the deal would be difficult to finance. I was left with the clear impression that if only 10% to 15% of the condo's had been sold that his bank would definitely consider financing the apartments.


Need a commercial or multifamily loan? You can apply to hundreds of commercial lenders in just four minutes using C-Loans.  And C-Loans.com is free!

Topics: commercial real estate loan, commercial loan, broken condo, commercial mortgage lenders, commercial mortgage rates, commercial mortgage

Commercial Lenders Aren't Making Many Residential Subdivision Construction Loans

Posted by George Blackburne on Thu, Jun 26, 2008

Condo and Housing Projects Have the "Coodies"

If you're a commercial real estate loan broker, you shouldn't waste even five minutes working on a construction loan request for a residential subdivision or a residential condominium subdivision right now. These deals are almost impossible to finance in today's market. In the minds of most commercial real estate lenders, such constructions loans have the black plague or the coodies right now.

If you're a real estate developer, and you are the sponsor of a broken residential condo project or a stalled residential subdivision, you are going to need more equity. You only have a few more months before the last of your interest reserve is consumed. Don't waste time trying to find some commercial construction lender foolish enough to add another 50 homes to the current glut of unsold homes.

Instead, focus your energy on finding some wealthy private investors to help you de-leverage your land. Maybe you could cut a deal with the bank that has the existing first mortgage. "I'll reduce your loan balance, Mr. Banker, by 50% if you discount your total loan by 25%." Then you could use this discount to attract a new equity partner.

Your sales pitch to a new equity investor might be: "If you bring in $250,000 in equity, Mr. Investor, the bank will reduce it's current loan of $625,000 to just $500,000 - and we'll pay down that $500,000 to just $250,000.  Then my development company will pay you a preferred annual return of 14% in three years when the land is once again ripe for development."

So where does a developer find a private investor to help him carry a stalled residential housing project. You should try advertising on LoopNet.com.  Call their advertising department and tell them what you're looking to do.


Do you have a residential subdivision construction loan that still makes sense in today's market?  If so, you can submit it to hundreds of commercial construction lenders by using C-Loans.com. And C-Loans is free!

Topics: commercial real estate loan, broken condo, residential condo construction loan, residential subdivision construction loan