Commercial Loans and Fun Blog

Commercial Loans and Commercial Loan Financing Scams

Posted by George Blackburne on Thu, Oct 2, 2014

Scam_III recently received a $300,000 commercial loan application that read as follows:

"I need a temporary bridge/start-up loan of $300,000 for about one month's time only for securing a project loan of $300 million. A lender has approved a loan of $300 million for my projects, and I need to provide an Insurance Bond Certificate covering $300 million in order to get the loan funds released. The Impressive-Sounding-Foreign-Name Insurance Company AG of the Netherlands has agreed to provide me with the required Insurance Bond Certificate, for which I need to pay $300,000 before we will receive the loan money."

Ha-ha!  This is a con.  This commercial loan request reminds of the old joke, "What do a tornado and a redneck divorce have in common?  Answer:  Somebody is gonna lose a trailer."  Or in the above case, somebody is gonna get conned out of $300,000.

 

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Folks, I have been in commercial real estate finance now for 34 years, and I have never known a single borrower to ever successfully obtain commercial real estate financing using exotic instruments.  By exotic instruments, I mean certificates of deposit, foreign letters of credit, insurance bond certificates, indemnity bonds, or any deals involving foreign banks, offshore funds, or merchant bankers from anywhere.  

Show me a "foreign commercial lender" allegedly using "exotic instruments", and I'll show you a commercial loan confidence game in process.  Somebody is gonna lose a big advance fee.

And while we're on the subject, if you ever meet a financier who claims to make international loans, 95% of the time he is either a big story teller or an outright crook.  Maybe he genuinely tries to close international loans.  Maybe he thinks he can close international loans... but he can't.  I can just about guarantee you that he has never closed an international loan.  The issue is a 30% tax on foreign lenders.  See my earlier article on the subject of international loans.

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The elderly priest, speaking to the younger priest, said, "It was a good idea to replace the first four pews with plush bucket theater seats. It worked like a charm. The front of the church always fills first now."

The young priest nodded, and the old priest continued, "And you told me adding a little more beat to the music would bring young people back to church, so I supported you when you brought in that rock'n'roll gospel choir. Now our services are consistently packed to the balcony."

"Thank you, Father," answered the young priest. "I am pleased that you are open to the new ideas of youth."  "All of these ideas have been well and good," said the elderly priest, "but I'm afraid you've gone too far with the drive-thru confessional."  "But, Father," protested the young priest, "my confessions and the donations have nearly doubled since I began that!"

"Yes," replied the elderly priest, "and I appreciate that.  But the flashing neon sign, 'Toot 'n Tell or Go to Hell' cannot stay on the church roof."

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Another popular commercial loan "trick" is the owner's-estimate-of-value "trick".  Suppose you're a bona fide hard money commercial lender.  You really do close a few commercial loans every year.

Now let's also assume that you know that commercial loan borrowers almost always grossly exaggerate the value of their commercial property.

You could cunningly issue genuine, bona fide commercial loan commitment letters, subject to an MAI appraisal coming back at the owner's estimate of value or higher.  You could then charge a $100,000 to $200,000 up-front fee for your rush-rush commitment letter.  This huge, up-front commitment fee would be non-refundable if the appraisal came in too low to close any sort of new commercial loan.  

Well, heck, since virtually every commercial loan borrower is a big liar when it comes to the value of his property, and since the property will almost never appraise for enough money, you could pocket $100,000 to $200,000 commitment fees, one right after another.  What a racket!  You might have to fund 5% of the deals that you approve, but you could easily fund them using all of the huge, up-front commitment fees that you have pocketed.

But wait, this clever practice gets better.  In order to soothe any suspicious borrowers, you could add a provision allowing the borrower to get his own MAI appraisal if he wanted to challenge your own appraiser's valuation.  The problem for the borrower, however, is that your appraiser was instructed by you NOT to intentionally low-ball his valuation.  Therefore if your appraisal came in at $7 million, the property probably is worth no more than $7 million, not the $20 million initially "estimated" by the borrower.

The vast majority of all commercial loan borrowers, under this fact pattern, will not shell out another $6,000 for a new MAI appraisal to challenge your own fair and legitimate appraisal.  The borrower puffed up the value of his property, and he knows it.

Letters of complaint might be written to dozens of different state attorney generals, but the complaints would go nowhere.  You really do close commercial loans.  The only reason the complaining borrower's commercial loan didn't fund was because the borrower lied about the value of his property.  The loan commitment letter spelled out the terms of the deal in plain English.  (Note to self:  Carefully read contracts before signing them!)

Over time lenders using the owner's-estimate-of-value trick have added a new wrinkle.  Their commercial loan commitments obligate them to make a commercial loan at 60% of Quick Sale Value.  Wait a minute.  Did you just say Quick Sale Value?  Didn't you mean Fair Market Value?  Nope.  These lenders intentionally use Quick Sale Value in their commercial loan commitments.

Toilet_Gremlin

What on earth is Quick Sale Value?  I dunno.  I have never seen a formal definition of Quick Sale Value.  The name, Quick Sale Value, suggests a value at which a seller could reasonably be sure of finding a buyer in, say, six weeks or so.

Let's say, for the sake of argument, that Quick Sale Value ("QSV") is around 60% of Fair Market Value ("FMV").  Let's also say that the FMV of an imaginary property is $10 million.  If the commitment letter reads that the commercial lender will lend up to just 60% of QSV, then the lender is only agreeing to finance 60% of 60% of Fair Market Value.  In other words, the commercial lender is only commiting to lend $3.6 million or 36% loan-to-value ("LTV").

In real life, most experienced investors, commercial brokers, and commercial mortgage bankers would agree that a commitment to lend just 36% LTV on an improved piece of commercial real estate would not be of much use to most borrowers.  And yet these clever lenders are regularly charging desperate, necessitous borrowers $100,000 to $200,000 commitment fees for these rush-rush commitment letters.

Isn't this a form of fraud?  Unfortunately not.  These clever lenders have repeatedly won in court.  After all, everything is spelled out in plain English in their commitment letters, and these lenders really do fund deals.    One year one of these clever lenders boasted of funding $100 million in commercial loans.  That's a very large and impressive number for a commercial hard money lender.

But what irks me is that this business plan is largely based on the reality that most commercial borrowers are big liars about the value of their property.  These clever lenders simply take advantage of that overwhelming tendency of commercial borrowers to grossly exaggerate the value of their property to retain unconscionably large commitment fees.

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Did you find today's article illuminating?  If so, how about giving your old pal, George, some Facebook Likes, some Linked-In follow-you's, some Twitter re-Tweets (am I saying that right?), and some Google-Plus plus-ones?  They mean a lot to me.  Thank you.

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You should also buy my wonderful course on the Practice of Commercial Mortgage Brokerage, which has 65+ audio lessons similar to this one.

Commercial Mortgage Brokers You're Doing It All Wrong

Every day I have a C-Loans executive call at least five banks and solicit these bankers to join C-Loans.com.    Most of these bankers are scarety-cats (innovation is sinful), and they say no.  So we add them to a list of 2,000+ commercial real estate lenders that we sell for $39.95.  But why pay money when you can get this wonderful list for free?

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The other day a mortgage broker just like you used C-Loans.com to place an $18.5 million commercial construction loan on a mixed-use project in Wisconsin.  His loan brokerage commission was $92,500.

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My job in life is to solicit commercial mortgage loans and to play golf (not necessarily in that order).  After 34 years of soliciting commercial loans, I've gotten pretty good at it.  Whenever Blackburne & Sons or C-Loans.com needs commercial loans, I turn on the spigot.  Deals then flow in.

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We once paid a guy a $21,250 referral fee to a guy, and he was asleep when he referred the commercial loan to us.  How is that even possible?

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Are you telling me that every bank this year has been willing to loan your commercial mortgage borrower 100% of what he requested?  You never found yourself $100,000 to $1 million short?

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When most mortgage brokers think about getting cheated out of their commission, they think of deals which closed and where they received a full or partial commision-dectomy.  But what about the borrowers who worked you for weeks and then cancelled altogther?  There is no right of recission on a commercial loan.

I have collected many hundreds of thousands of dollars over the years from cancelling or fraudulent commercial borrowers.  I don't even go to the arbitrations myself (think of a fairly casual, seated, Small Claims Court action in some attorney's conference room).  I just send one of my corporate officers.

You wouldn't hire an attorney either.  You would just show up and tell your story.  Who cares if you win or lose.  My agreement precludes the award of attorneys fees, and most cases (70%) settle before trial.  After your first case or two, you'll win 90% of your future cases.  Over a 25-year career in commercial mortgage brokerage, I'm talking about an extra half-million to $1 million in your pocket.  For real.  No BS.  No one gets screwed in business more than the typical commercial mortgage broker.  It's why I went back to law school at age 32.

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Commercial Loans and Dressing for Success

Posted by George Blackburne on Wed, Sep 3, 2014

I recently encountered one of my own commercial loan officers at a commercial mortgage conference, and I was horrified at the way he was dressed.  You may recall that I personally live in Indiana (to be close to my daughter attending Culver Girls Academy), while the office of Blackburne & Sons, along with almost all of our employees, is located in Sacramento, California.  Therefore I don't personally get to see my own commercial loan officers very often.  Below is the image that I hoped our commercial loan officers would project:

business suit

Anyway, at an important conference of senior commercial bankers, one of my own commercial loan officers was wearing a tacky-looking, shiny, light-gray business suit.  His "modern" or "trendy" suit had three buttons, instead of two, and he had all three buttons buttoned.  To top off his hideous light-gray suit, he was wearing light-brown (blonde leather) shoes and matching belt.  Oh, my goodness.  This guy was representing our investment banking firm?

 

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Folks, appearances matter in commercial banking, investment banking, and commercial mortgage banking.  In commercial mortgage lending, we deal in transactions often involving millions of dollars.  If you were a Senior Vice President of a bank or life insurance company, would you have a lot of confidence in a commercial mortgage broker dressed in a polyester suit from Sears?  Like it or not, if you want to succeed in this business, you have to dress for success.

Business suits should be either Navy blue, dark gray, or charcoal.  Black suits are inappropriate for business (too somber), but they are far better than light-colored suits.  Light-colored suits may be appropriate for a date with your girlfriend, if you live in Miami or San Antonio (a hot climate), but they are almost never suitable for selling to bankers.

Green suits make white guys look sickly and are never acceptable.  I've seen some black guys who looked quite decent in green suits ... but these guys were still "out of uniform".  Banking has a certain uniform.  Brown suits and green suits are definitely NOT a part of this uniform.

Solid-colored suits are good, and pinstriped suits are even better.  The closer the pinstripes, the richer the suit.

pinstripe

Some rich-looking (not too busy) plaid suits are acceptable, but they're tricky.  You don't want to look like a used car salesman.  If you do wear a plaid suit, make SURE you wear a solid-colored tie.

plaid suit

Regular 100% wool suits are greatly preferred for trade shows in New York and Boston.  Worsted wool is acceptable for trade shows in San Diego and other warm climates.  Worsted wool is not as hot or as heavy as 100% wool for warmer climates.  But remember, never-ever-EVER wear light-colored suits to meet bankers - even if the light color is gray.  Below is a handsome (darker) color of worsted wool.

worsted wool

A business suit should never shine.  My commercial loan officer's suit shone like a polished car.  Like I said, I was horrified.  And it goes without saying that you should never wear a polyester suit.  Even though my commercial loan officer's suit was actually worsted wool, and not polyester, his suit looked like it was polyester.  The suit below is both too light and too shiny.

shiny suit

Your leather (shoes and belt) should match, and they simply must be either black or a deep, dark cordovan (dark reddish-brown).  Brown shoes are never acceptable with blue or gray suits.  The below shoes are cordovan.  I personally prefer wearing black leather because its easy to get the color of an acceptable cordovan wrong.  The closer to a dark wine color, the better.  The shoes below are a little too brown for my taste.

Cordovan

Your tie should be either blue, burgundy, gray, or gold when meeting bankers.  The gold color below is just about perfect.

gold tie

Your tie should be either solid-colored, striped (just two or three colors), and or have a small regularly-repeating pattern.  The smaller the pattern, the richer the tie.  I like both the color and the small, regularly-repeating pattern on the below tie.

nice tie

Paisley ties are also a surprisingly traditional and conservative form of acceptable tie for selling to bankers.  I guess all of the bankers of my generation secretly wanted to be hippies.  The hippies got all of the pretty girls.  :-)

describe the image

A "rep tie" is a striped tie that "represents" the colors of the fancy university or prep school that you attended.  Never wear a striped tie / rep tie with a plaid suit or a pinstriped suit.  Rep ties are nice with solid-colored suits.

rep tie

Let's talk about the three-button business suits that I see many young commercial loan brokers wearing.  My first thought when I see a young man at a commercial mortgage conference wearing a trendy, three-button suit is, "He's obviously just a low-level employee.  I only want to talk with his boss."

Remember the Golden Rule.  "Them that's got the gold make the rules."  The guys who have the gold are the guys of my generation (early sixties), and we wear dark blue or dark gray suits with just two buttons.  You want my gold?  Dress to please me, not your hot girlfriend.

"Gee, George, you were awfully dogmatic about what my uniform should look like."  Sorry, but commercial banking has a uniform.  Get used to it.

I used the term commercial banking above.  A commercial bank is just a garden-variety bank that takes deposits and makes loans, as opposed to an investment bank or a merchant bank.

An investment bank is a company that sells stock or membership interests in an LLC in order to raise equity dollars (as opposed to loan dollars).  Equity dollars are a form of risk capital.  The investors who contribute the equity dollars actually own all or part of the venture.  They are the guys who hit a home run if the investment is successful or get wiped out first if the investment goes south.

And if anyone ever tells you that he is a merchant banker, 99.9% of the time he is either a con man or a liar.  Merchant banks - in real life - are just fairly small offices owned by bank holding companies or life insurance company holding companies that use the profits of their bank or life insurance company to make investments in high-risk, high-reward ventures, like providing real estate developers with the equity dollars they need to build a large projects.

Our private money commercial mortgage company is hungry for commercial loans.

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if you have an absolutely pristine commercial loan, you can submit that commercial loan to hundreds of different really cheap institutional commercial lenders in just four minutes using C-Loans.com.  And C-Loans is free!

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So your loan client has a $2,000,000 commercial loan that just ballooned, but the largest refinance any bank has offered you is $1,750,000.  You're $250,000 short.  We'll cover your shortfall.

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Last year I wrote a terrific commercial loan marketing course that you can take online.  Just $199.

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Or you could just buy commercial mortgage loan leads from us.

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How would you like a free directory of 2,000 active commercial real estate lenders?

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Topics: dressing for success

Underwriting Commercial Construction Loans

Posted by George Blackburne on Mon, Aug 25, 2014

underwriting loan commercial construction

Today we are going to teach you how to underwrite a $50 million commercial construction loan.  You will learn the six ratios that a bank underwriter will use to determine whether or not to approve your commercial construction loan request, and we are going to do this using understandable, layman's English.

Interesting note:  C-Loans.com recently closed an $18.5 million commercial construction loan on a mixed-use project in Wisconsin.  The lucky broker who brought that deal to C-Loans earned a whopping $92,500 loan fee.  Wow.  I'll betcha that fee paid some bills.  Note to self:  Submit my commercial construction loans through C-Loans.com.

 

Apply  For a Commercial Construction Loan

 

After the commercial real estate meltdown of 2008 and during the Great Recession, commercial banks had a zero appetite for conventional commercial construction loans.  By conventional, I mean non-SBA, non-USDA, and non-EB-5 loans.  In plain English, conventional here means ordinary, garden-variety commercial construction loans.  In an earlier blog post I wrote that conventional commercial construction loan requests were as welcome during the Great Recession as a male stripper at a (hetereosexual) bachelor party.  Ha-ha!

For six long years, there was very little commercial construction in the U.S.  In the meantime, many vacant and neglected commercial buildings have had their water pipes burst during a cold winter, making them essentially now almost worthless.  Other vacant commercial buildings have been vandalized and stripped of their copper wiring.  The roofs of other vacant commercial buildings have leaked, leading to dangerous black mold.  A great many productive commercial buildings became unusable.  They disappeared from the country's stock of available commercial buildings.

At the same time, the population of the U.S. has grown.  Workers are finally getting back to work.  The auto industry in America is booming again, leading to the return of many manufacturing jobs in the Midwest.  Shale oil discoveries have caused a significant migration of workers to North Dakota, Wyoming, Texas, and other oil-patch states.  Many areas of the U.S. now need new commercial buildings.

Therefore the hottest new commercial loan product right now is a conventional commercial construction loan.  And where do you find hundreds of commercial banks hungry to make conventional commercial construction loans?  C-Loans.com.

 

Apply  For a Commercial Construction Loan

 

But how do you know if the commercial construction loan lead in your hand is a hottie or a complete waste of your time?  You need to know how to underwrite commercial construction loans.  This article will serve as a primer.

Conventional commercial construction loans are underwritten using six financial ratios.  The most important of these ratios is the loan-to-cost ratio.  The loan-to-cost ratio must not be confused with the loan-to-value ratio.

The loan-to-cost ratio is the construction loan amount divided by the total cost of the project.  Traditionally this ratio should not exceed 80%.  In other words, the developer is responsible for contributing at least 20% of the total cost of the project - usually in the form of free-and-clear and entitled land, with most of the architectural and engineering costs prepaid for by the developer.  Since many commercial banks are still licking their wounds from the Great Recession, many banks are limiting their loan-to-cost ratios to just 70% to 75%.  This means that the developer must modernly cover 25% to 30% of the total cost of the project.

The next ratio is the loan-to-value ratio.  The loan-to-value ratio on a commercial construction loan request is computed by taking the construction loan amount and dividing it by value of the commercial property, when it is completed and fully-leased.  The bank's appraiser will compute this value for you.  The loan-to-value ratio on a commercial construction loan request should not exceed today around 70% to 75%.

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The third ratio to look at when underwriting a commercial construction loan is the debt service coverage ratio.  The debt service coverage ratio is the property's Net Operating Income (NOI), upon completion and leasing, divided by the annual debt service (P&I payments) on the proposed takeout loan.  A takeout loan is just a permanent loan used to pay off a construction loan.  This ratio should exceed 1.25.  The good news is that with interest rates so low today, most commercial properties easily pass this test.

The next ratio to look at when underwriting a commercial construction loan is the profit ratio. The profit ratio is the difference between the fair market value of the property, upon completion and leasing, and the total cost of the project, all divided by the total cost of the project.  What we are trying to determine here is whether the developer stands to earn any profit by building this commercial building.  If not, he might be tempted to just walk away at the first appearance of a cost overrun.  The profit ratio should exceed 20% to 22%.  In other words, the commercial property should be worth at least 20% to 22% more than it costs to build.

 

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The next ratio to look at when underwriting a commercial construction loan is the net-worth-to-loan-size ratio.  The developer's net worth should be at least as large as the construction loan he is requesting.  A guy with a $1.5 million net worth should not be requesting a $6 million commercial construction loan.  This ratio needs to be at least 1.0.

The last ratio to look at when underwriting a commercial construction loan is the debt yield ratio.  The debt yield ratio is a brand new ratio developed after the huge losses in commercial mortgage-backed securities suffered by CMBS bond investors during the Great Recession.  The debt yield ratio is computed by taking the property's net operating income (NOI) and dividing it by the construction loan amount.  This ratio should not be less than 8.5% to 9% today.

Please note that the debt yield ratio is different from the debt service coverage ratio.  It does not look at today's low commercial mortgage interest rates at all.  In fact, this ratio was invented to rein in the excessive leverage that can occur in commercial mortgage finance when interest rates and cap rates are low.

[Editor's note:  This article was updated August 25, 2016]

Do you need a commercial construction loan or any other type of commercial real estate loan?  If so, please click the maroon button below.

 

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In addition to the 750 hungry commercial lenders you'll find on C-Loans, we also give away a free list of 2,000 commercial lenders.  The lenders on The Blackburne List are different from the 750 commercial lenders you'll find on C-Loans.

 

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Topics: commercial construction loans

Non-Recourse Commercial Loans From Blackburne & Sons

Posted by George Blackburne on Sun, Aug 17, 2014

Non recourseThis article is important to you because someday you may really-really need a portfolio commercial lender willing to make a non-recourse commercial loan.

Finding a non-recourse commercial real estate loan is far more legally sophisticated than merely finding a commercial lender "foolish enough" to make a commercial loan to a borrower who wants to reserve the right to simply walk away from his obligation.  Sometimes there are important legal reasons why a commercial loan simply must be a non-recourse loan.  We'll discuss some of these important legal reasons further below.

First of all, however, what is a non-recourse commercial loan?  A non-recourse commercial real estate loan is a loan that is NOT personally guaranteed by the borrower.  If the real estate investment goes bad, the borrower can usually simply walk away from the property.

There are around seven to ten common exceptions, known as carve-outs, to this basic rule.  If the borrower commits certain Bad Boy Acts - fraud, intentional waste (taking a sledgehammer to the walls), toxic contamination, placing a second mortgage on the property without permission, failure to maintain fire insurance on the property, failure to pay the real estate taxes, misappropriation of a condemnation award or any fire insurance proceeds, or certain criminal acts by the borrower - then many non-recourse commercial loans becomes a full-recourse loans.  The borrower becomes personally liable.

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However, absent the commission of some Bad Boy Act by the borrower, a commercial lender cannot come back after the borrower for a deficiency suffered as a result of making a non-recourse commercial real estate loan.  A deficiency is a loan loss left over after the property is sold in foreclosure.

Obviously commercial lenders are not crazy about the idea of making non-recourse commercial loans.  In fact, since the Great Recession the vast majority of all commercial banks making portfolio commercial loans today absolutely insist on a personal guarantee by the borrower.

A portfolio commercial loan is a commercial loan that the lender intends to keep in its own portfolio, as opposed to a commercial loan that the lender intends to later sell off in the secondary market.  CMBS lenders and ABS lenders (subprime commercial lenders who sell their scratch-and-dent commercial loans to Wall Street pools) are examples of commercial lenders who are not portfolio lenders.

Bottom line:  Since the vast majortiy of all commercial loans made today are made by commercial banks and credit unions, non-recourse commercial lenders are fairly rare.  If you happen to meet a commercial lender - like Blackburne & Sons - who is willing to make a non-recourse commercial loan, be sure to make a note of it.

Okay, so when is it legally necessary for a commercial loan to be non-recourse?

  1. Let's suppose you own a commercial property in your IRA.  You may not legally personally guarantee your commercial loan from the bank without running afoul of the IRS.  Personally guaranteeing your IRA's commercial loan, in the opinion of the IRS, lowers the interest rate to your IRA and is a form of disallowed contribution. (Code Section 4975(c)(1)(B))
     
  2. Commercial loans to Tenant-in-Common (TIC) investments must be non-recourse; otherwise the investments lose their tax-deferred qualification.
     
  3. Certain irrevocable trusts have a trustee who is separate from the beneficiary, such as a family attorney serving as the trustee for the minor child of a deceased client.  If a balloon payment comes due on a commercial property owned by the irrevocable trust, the trustee certainly isn't going to be willing to guarantee some $800,000 new commercial loan.
Today I am announcing that Blackburne & Sons will make non-recourse commercial loans in any of the above situations.  That being said, like almost all portfolio commercial lenders who survived the Great Recession, Blackburne & Sons will continue to require a personal guarantee on almost all other commercial loans.

But here's a secret.  Shush.  If you happen to have a commercial loan that is waaaaay too good for Blackburne & Sons, and all it takes for us to land the deal is to be flexible about the personal guarantee, then ... shush ... we'll do it.
 
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Do you have a super-cherry commercial loan that is far too clean for a hard money commercial lender like Blackburne & Sons?  New commercial banks and credit unions are joining C-Loans every day.  And C-Loans is free.
 
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So you're working on an A-paper commercial loan with some bank.  You desperately need $2 million, but the bank will only lend you $1,750,000.  You are $250,000 short.
 
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Every day I have a salesman calling on banks to convince them to join C-Loans.  Most of the banks say, "No."  After awhile, we accumulated a list of over 2,000 commercial banks who make commercial loans.  You can either buy the list for $39.95 or trade us one new bank for it.  Kind of a no-brainer decision, huh?
 
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Need commercial leads?  We sell them dirt-cheap upfront ($1 to $9), but you owe us 37.5 bps. if you close a deal.  That's how much confidence we have in our leads.
 
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Topics: Non-recourse

Commercial Loans and Burn-Off's

Posted by George Blackburne on Thu, Aug 14, 2014

RenovationI have been in the commercial loan business for over 34 years now, but I still learn more about commercial real estate finance ("CREF") almost every day.  This week I learned a new commercial loan term:

Burn-Off:

Suppose you have a property that is 50% occupied due to mismanagement from the previous owner.  The business plan is to increase the NOI significantly after adding upgrades and capital improvements.

A lender may want full recourse on the loan to start (so they know the Varsity is on the field).  Once a debt service coverage ratio (DSCR) of 1.20 is hit for three consecutive months, the recourse burns off.  This commercial loan is now a non-recourse loan.
 
 

My thanks go out to David Repka of Bison Financial Group for this clear explanation.  David is looking for commercial construction loans of over $10 million and can be reached at 
727-537-0330.
 
 
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Cookout
 
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Commercial loan demand has been very weak for the past several weeks.  Fortunately, however, we are approaching Busy Season.  For guys in the commercial loan business, the three month stretch between September 10th and the end of November is historically a very busy time.  At least at Blackburne & Sons, we typically close 40% of our commercial loans for the entire year during this eleven-week period.
 
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Hey, guys, now I need your help.  I want our hard money commercial mortgage company, Blackburne & Sons, to start making more commercial property renovation loans.  Unfortunately I have a documentation problem.

When a bank makes a ground-up commercial construction loan, it gets to see a detailed set of Plans and Specifications and a Construction Contract with the general contractor.

Unfortunately, for most small balance commercial renovation loans, there is no detailed set of plans and specifications.  To make matters murkier, the owner wants to act as his own general contractor because he intends to do much of the work himself.
 
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How can a small balance commercial construction lender like Blackburne & Sons make sure that its money is being properly spent on improving the property and that the owner-borrower is not over-spending the budget fixing unforeseen deficiencies that were discovered after the sheetrock came down?

Now I know all about construction control companies.  Using a construction control company does not solve my problem.  The problem is that there is seldom a detailed set of plans for the renovation work proposed.  To make matters worse, there is no contract with a general contractor to which my lending documents can refer.  Therefore the construction control company has nothing against which to gauge the project's progress.

For example, what exact work is to be performed in apartment number twenty-six?  What are the costs and the specifications of the materials to be used to renovate apartment number twenty-six?  Is there enough money remaining in the construction budget to renovate each apartment?

How on EARTH can I document the fact the owner-borrower-renovator has gone over budget?  How can I document that the renovator has used substandard materials or failed to complete all of the planned renovations in apartment twenty-six?  Remember, there is almost never a set of plans.

Now if this were a $10 million commercial construction loan, we could demand that the owner-borrower-renovator hire either an architect or an engineer to prepare a detailed set of plans.  But what if my commercial loan is only $600,000?  Economically such a requirement is infeasible.

Now Blackburne & Sons is fine making commercial property renovation loans when there is already a roof and four walls.  As long as the renovation component is less than 40% of the commercial loan proceeds, we're fine.  We make a ton of such commercial property renovation loans.
 
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Gosh darn it!  My commercial loan borrower needs $2.1 million, but the bank will only lend him $1.7 million.  Why did they cut the loan?  The property could easily carry $2.1 million.  Where on earth can I find someone to cover our $400,000 capital shortfall?
 
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My client's commercial loan application is way too clean for Blackburne & Sons.  I need a commercial lender with a really low interest rate if I am going to sell this A-paper borrower.
 
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Topics: Burn off

Commercial Loans, Mezzanine Loans, and Senior Stretch Financing

Posted by George Blackburne on Thu, Jul 31, 2014

Lion StretchYesterday I received an email advertisement from a commercial loan company offering senior stretch financing.  Huh?  I've been making commercial loans for 34 years now, and even I was thinking, "What on earth is senior stretch financing."

Fortunately, Michael Hoffenberg, Founder and Managing Principal of Trevian Capital, was kind enough to explain it to me:  "George, instead of the borrower obtaining both a garden-variety CMBS first mortgage and a separate mezzanine loan from a different lender, senior stretch financing is one loan priced similar to the blended rate of the first and the mezz."

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Confused?  Let me translate this from commercial mortgage-ese into English.  As you know, a permanent loan is simply a commercial loan in a first mortgage position that has some amortization (usually based on a 25-year amortization) and a term of at least five years.  Because of the massive commercial loan losses suffered by most commercial lenders during the Great Recession, most permanent lenders today will not exceed 60% to 65% LTV.

Sixty-three percent loan-to-value financing is simply not enough leverage for most commercial real estate investors.  Therefore, the modern trend is for the investor to record a mezzanine loan from another lender simultaneously with his new permanent loan, thereby bringing the capital stack up to, say, 75% loan-to-value.  (I'll translate this into English for you too in just a minute.)

What is a mezzanine loan?  A mezzanine loan is not a real estate loan.  It's not a mortgage.  A mezzanine loan is a personal property loan secured by the stock* of the corporation* that owns the real estate.  If you own 100% of the stock of the corporation that owns a huge office tower in New York City, then you own the office tower.

By the way, personal property is defined as anything that is not real property - such as cars, boats, furniture, sewing machines ... or fifty shares of stock in IBM.

* To keep this article simple, I will be using words like "stock" and "corporation".  In real life, most large commercial properties are owned by a single-asset limited liability company ("LLC").  In an LLC, the ownership units are called membership interests, but its easier to just think of membership interests in an LLC as shares of stock in a corporation.

Okay, we said above that a mezzanine loan is simply a personal property loan secured by the "shares" of the "corporation" that owns the property.  Why not just make a garden-variety second mortgage?  Because it takes far too long to foreclose!  It once took Blackburne & Sons over 17 months to foreclose a mortgage in New York.  Yikes!

In stark contrast, you can execute (foreclose) on personal property in just a matter of weeks.  Think about your car - another form of personal property.  If you missed your car payments, would the bank wait 17 months to pop (repossess) your car?  Heck, no!  They'd catch you in less than six weeks, going to the bathroom at McDonalds, and drive away with your car before you got back.  In my youth I used to pop cars.  It was scary ... but very exhilarating.  You never know if you're going to get shot or cracked open by a baseball bat.

So using mezzanine financing, a junior lender can pop a $100 million office tower in less than two months.

Okay, before we finally reach senior stretch financing, let's look at how the Big Boys might finance the purchase of a $100 million office tower.  Some conduit lender might make a $63 million CMBS first mortgage at, say, 4.5%.  Then a separate finance company might make a $13 million mezzanine loan, bringing the total amount of outside financing - the capital stack - up to $75 million.  The buyer would then put $25 million down.  

The interest rate on the $13 million mezzanine loan might be 12.5%.  Twelve-and-a-half percent interest sounds horrible, until you think about the $63 million first mortgage that the buyer gets to enjoy at just 4.5%.  The borrower's weighted-average cost of funds is only around 5.95% - a historically very low rate.

Now we are finally ready to talk about senior stretch financing.  Some portfolio lender might look at this deal and say to himself, "Gee, the buyer is putting down $25 million.  He's not gonna just walk away from the property.  If I make just the first mortgage, I am only going to earn a lousy 4.5%.  But if I stretch my loan amount to the full $75 million, I'll bet I could get this borrower to pay me a whopping 5.95%.  It's a good deal.  I'm gonna stretch on my first mortgage and just eliminate the need for any mezzanine loan at all."

And that, folks, is senior stretch financing.  You can apply for senior stretch financing by simply using C-Loans.com and asking for a large first mortgage.

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But folks, exotic loans like mezzanine loans and senior stretch loans are for the Big Boys.  Most mezzanine lenders have a minimum loan of $5 million, which means the underlying first mortgage is probably going to be at least $12 million.  Therefore, unless the property you are trying to finance has a purchase price of close to $20 million, structured finance is not going to help you.  Structured finance includes mezzanine loans, preferred equity, venture equity, and senior stretch financing.

Fortunately there is a solution.  Blackburne & Sons is the only small balance preferred equity provider in the entire country.  We will make preferred equity investments as small as $100,000 - which allows small investors to buy small commercial-investment properties.

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Topics: senior stretch financing

Commercial Loans and Commercial Real Estate Brokers

Posted by George Blackburne on Fri, Jul 25, 2014

commercial brokersThis article will teach commercial loan brokers where to go to find lots of commercial real estate loans.  It will also teach commercial real estate brokers (sales brokers) about some great new commercial real estate finance tools - really cool stuff - that will make it easier for them for them to sell or buy commercial real estate.

 

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Recently I have been urging my commercial loan officers to agressively solicit commercial brokers (commercial real estate sales brokers) for commercial loans.  Commercial brokers are a great source of commercial loans.  Here's why:

Each active commercial broker probably knows at least 15 active commercial real estate investors.  When I say commercial real estate investors, I am talking about wealthy investors who own two or more commercial-investment properties.

You will recall that a commercial-investment property is a fairly standard kind of income property where the investor's profit comes from passive rental income, as opposed to operating a business.  Examples of commercial-investment propety include apartments, offfices, retail, industrial, and mobilehome parks.  Examples of business properties include restaurants, motels, bowling alleys, self storage, and assisted living facilities.

Okay, so suppose a commercial broker knows 20 investors, and each investor on average owns three commercial-investment properties.  Therefore that single commercial broker is connected to 60 commercial-investment properties.  

Now the thing about commercial properties is that every five to ten years the property has a balloon payment coming due.  Remember, the vast majority of all commercial loans have a term or either 5 years or 10 years.  Balloon payments keep commercial loan brokers in business.

Five years ago Broker Bill helped Investor John buy a rental office building.  They used a five-year commercial loan from the bank.  Now that commercial loan is ballooning, so Investor John calls Broker Bill and says, "Hey, Bill, would you please help me refinance my ballooning commercial loan?"

Now Broker Bill would prefer not to be bothered; but he wants Investor John's future business, so he says, "Sure."  Now Broker Bill is stuck.  He has volunteered to play commercial loan broker, and he's not even going to get paid for it.  Then your email arrives, offering Bill expert commercial loan brokerage assistance.  You're like the cavalry, which comes charging to the rescue in an old John Wayne western movie.  Broker Bill can turn Investor John's situation over to you and wash his hands of the affair.

Now, you commercial loan brokers, we're almost done.  Commercial brokers, your goodies are about to arrive.

Finally we come to the most important lesson of this training article.  The vast majority of all veteran commercial brokers own at least one commercial-investment property of their own!  Therefore, when you advertise to commercial brokers for commercial loans, not only do they have lots of clients who need commercial loans, but commercial brokers often need commercial loans themselves.

Okay, now here are the goodies for commercial brokers:

You have a web site, right?  How would you like to earn a $21,250 referral fee in your sleep?  C-Loans.com, our commercial mortgage portal (think of it as the LendingTree of commercial real estate finance), once paid Alan Dunn of Spydercube.com a $21,250 referral fee because he put a link to C-Loans.com on his website.  An investor saw his "Commercial Loans" link, clicked on it, came to C-Loans.com, applied for a commercial loan, and closed the deal.  I am not really sure if Alan was actually asleep when all of this ocurred, but he certainly could have been.  Makes for a great story.  :-)  Interested?  Please click below.

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This next product is way cool.  Suppose you have an investor wishing to buy a non-owner-user commercial-investment property.  He wants to put down just 25%, but the bank refuses to go any higher than 60% LTV.  The bank won't even allow the seller to carry back a second mortgage!

Blackburne & Sons is the ONLY small balance preferred equity provider in the country.  We will contribute equity dollars - not loan dollars - and increase your buyer's downpayment from just 25% to the 40% required by the bank.

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Let's suppose you have a listing on a strip center.  It's been four months, the seller needs cash, and your listing is about to expire.  He probably won't renew.  Why not get him a 6-month commercial bridge loan for just one point?  There is no prepayment penalty.  Relieved from his money pressure and grateful for your help, the investor renews your listing.

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Do you have an investor-client in need of an "A" quality commercial loan?  Using C-Loans.com, you can submit your commercial loan to 750 different commercial lenders in just four minutes.  And C-Loans.com is free!

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Open-Ended Commercial Loans

Posted by George Blackburne on Sun, Jul 20, 2014

line of creditOur commercial hard money mortgage company, Blackburne & Sons, is making a really interesting commercial loan this month.  We are making a $1.6 million loan to the owner of two large apartment buildings so that the owner can take advantage of a discounted pay-off (DPO) being offered by the bank.

Now the really interesting thing about the deal is that the bank would not discount the four existing  commercial loans that it has with the borrower ... directly to the borrower.  They agreed to sell the four notes and mortgages to Blackburne & Sons at a discount, but not to the borrower.  Huh.  Kinda odd ... but whatever.  We get to make a nice loan fee on the deal.

 

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So this complicated escrow will go as follows:  Blackburne & Sons, in escrow, will buy the four mortgages.  Then we will simultaneously sell these four mortgages to the borrower at a discount (they total around $2.3 million) using a brand new blanket loan of $1.6 million on both apartment buildings.

This deal is what is known as a brainer deal, as opposed to a no-brainer deal.  A no-brainer deal is a commercial loan that is so obviously good that the lender doesn't even have to think about it.  You should make a note that Blackburne & Sons is owned by a real estate attorney with 34 years experience in commercial mortgage finance.  If your commercial loan is fundamentally excellent, but the deal is just a little complicated (a brainer deal), we may be the perfect commercial lender for you.

Now we finally get to the point of today's article.  One of the four mortgages that we are buying in escrow is an open-ended mortgage.  An open-ended mortgage is a commercial loan with no fixed loan amount.  The bank might loan the borrower $600,000 to start with and then increase its loan amount to $2 million at a later date.  Junior lenders are put on notice, by the language in the mortgage, that the senior lender could increase its loan amount to $17 bazzillion without losing its seniority position.

Open-ended commercial mortgages are extremely rare.  I haven't seen one in almost two decades.  Open-ended mortgages are a lot like commercial lines of credit.  A line of credit is a form of debt where the borrower can borrow a certain amount of money, pay some or all of it back, and then, as the borrower needs it, borrow the money right back again, up to a certain loan amount.

The difference between a line of credit and an open-ended mortgage is that a line of credit has a fixed, maximum loan amount.  For example, the borrower might be authorized to draw down as much as $200,000 - but no more than that.  On an open-ended mortgage, the bank - at the bank's option - can increase its loan amount to $17 bazzillion, without recording a new mortgage and while maintaining its senior position.

But now let's talk about commercial lines of credit.  In home loan finance, home equity lines of credit are as common as dirt.  Surprisingly, in my 34 years in commercial real estate finance (CREF), I have never seen a bank offer commercial real estate lines of credit to the public.

Now a bank might offer a business line of credit, partially secured by a second mortgage on the borrower's owner-user commercial property, but banks almost never make such loans for anyone other than good bank customers.

A good bank customer is a company that keeps large deposits at the bank.  For example, Blackburne & Sons is a good bank customer because we service about $50 million in hard money commercial loans.  Our loan servicing trust account (not our money) contains, on average, well over $400,000.  The bank loves us because it doesn't have to pay a dime in interest for those trust  deposits.  Therefore, if we ever applied for a commercial line of credit, the bank might make us the loan, secured by our little office building in Indiana; however, it would almost never make such a loan to the public.

Bottom line:  If you are a commercial mortgage broker, you're never going to earn a big loan fee trying to broker a commercial real estate line of credit.  Unlike residential lenders, commercial lenders do NOT make commercial real estate equity lines of credit to strangers.

 

 

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Topics: Open-ended commercial loans

Commercial Loans on Land, Out-Parcels, and Pads

Posted by George Blackburne on Mon, Jul 14, 2014

describe the imageFinding a lender for a commercial loan secured only by land is pretty hard these days.  Many commercial lenders are still sitting on huge portfolios of land upon which they foreclosed during the Great Recession.

There is one kind of land, however, that is infinity financeable.

Actually there are two types of land upon which it is fairly easy to obtain a commercial loan.  The second type is farmland.  Farmland is a hot commodity right now.  Farmland in Indiana, for example, has tripled over the past seven years.  My own commercial loan company, Blackburne & Sons, loves to finance corn farmland.

 

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But the subject of today's lesson is commercial out-parcels or pad sites (same thing).  An out-parcel is a small lot at the outer edge of a shopping center, usually reserved for later sale to a fast-food outlet or a chain restaurant; also called a pad site.

Usually there is a large shopping center on some busy commercial strip (thoroughfare).  Further back from the strip is the grocery store or the Wal-Mart, and well as some inline retail units.  Right on the actual strip, however, are several building pads that are ideal for a fast-food or a chain restaurant.  Please look carefully at the picture above.  The Advanced Auto Parts site and Burger King site are perfect examples of out-parcels.

Lenders love to make commercial loans on out-parcels or pad sites.  While the typical loan-to-value ratio for most land loans is in the range of 25% to 40%, many commercial lenders will happily make purchase money commercial loans of 55% to 65% loan-to-value on out-parcels.

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We're now down to the final 38 weeks of the World Cup.  This morning when France played Nigeria, it was the first time an American referee ever officiated a knockout round match. The French won it by a touchdown.  -- Jimmy Kimmel

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The thing to be careful about when underwriting a commercial loan on a shopping center is NOT to apply the same outrageous price paid per square foot by a fast food chain for an out-parcel to the value of the land underneath the entire shopping center!  No-no-no.  The success of a fast food restaurant is very dependent on street visibility and easy street access.  A fast food franchise owner might pay five times the price per square foot for the convenient out-parcel on the left compared to the difficult-to-reach out-parcel on the right.

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Trap

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I used another fancy term above - inline retail.  Inline retail is another word for a store.  The term inline came about as malls were developed in the 60's because the stores were literally all in a line in the mall.

Inline tenants are smaller tenants than anchor tenants.  Inline tenants pay higher rental rates and sign shorter leases.  These stores benefit from the foot traffic that anchor tenants bring to a retail center, and inline tenants account for the majority of the scheduled rents at most retail centers.

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There was a huge blowout at the World Cup yesterday when Germany beat Brazil 7-1 in the semifinals.  It got so bad that the refs told Brazil, “You know what? Go ahead and use your hands.” -- Jimmy Fallon

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Be on the look-out for an old, dog-eared business card of a banker that you know who makes commercial loans.  You can trade the contents of that one business card for a free directory of 2,000 commercial real estate lenders.

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Do you need commercial mortgage leads?  Most lead sellers ask a small fortune per lead ($20 to $50 apiece), and they often post the same lead again and again.  C-Loans.com sells commercial leads for just $1 to $9 apiece, plus 37.5 bps. if you close the deal.  We have one former lead buyer who has closed 40 loans for us!

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After 34 years of marketing for commercial loans, I have learned a few things - like what utterly fails and what works like turning on a spigot.

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I am about to really tick you off, but its for your own good.  If you don't invest a lousy $199 for my Practice Course, you are a flipping idiot.  This five-hour audio course contains 67 separate lessons on how to fix your commercial mortgage business.

Now if you're netting $120,000+ per year (not gross but net) from your commercial mortgage business, maybe you could argue that you don't need this course.  But the truth is that even you heavy-weights, you natural born salesmen, could learn a ton from a guy who has been in commercial real estate finance (CREF) for 34 years.

Now here's why you are a flipping idiot if you fail to buy this course - I guarantee that will double your net income as a commercial mortgage broker within 12 months - or I will refund 100% of your cost.  I have never guaranteed any other training product.

You've been reading my blog articles.  I hope you'll agree that my training is practical, do-able, down-to-earth kind of stuff.  I am promising to double your net income as a commercial mortgage broker within 12 months.  All for a lousy $199?  Guys, this is far more about making you a loyal supplier of loans to Blackburne & Sons and C-Loans.com than making a lousy $199.  If I turn your economic life around, in appreciation you will still be bringing business to my sons twenty years from now.  Don't be a flipping idiot.

Commercial Mortgage Brokers You're Doing It All Wrong

 

Topics: Out-Parcels

Marketing For Commercial Loans When the Market is Flooded

Posted by George Blackburne on Tue, Jun 24, 2014

Office BuildingThe new Dodd-Frank Regulations have driven a ton of former residential loan agents into the commercial loan business.  I have never seen so many guys chasing commercial loan leads.  In a market flooded with commercial loan agents, the wise commercial mortgage broker will adjust his marketing strategy.  Commercial loan brokers need to market for commercial loans more directly, rather than just marketing to residential loan agents.

In the past, my own commercial hard money mortgage company, Blackburne & Sons, would advertise almost exclusively to mortgage brokers.  Historically only about 10% of mortgage brokers worked commercial mortgage leads, and we could be sure of a good volume of commercial loan referrals by offering a 20% referral fee.

 

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Nowadays, however, most mortgage brokers can't afford to just refer out their commercial loan leads.  They need to work these commercial loan requests themselves.  When they do work the leads themselves, they don't necessarily bring these commercial loans to us.

In response, Blackburne & Sons is starting to bypass commercial loan brokers in favor advertising to other sources of commercial loans, which is a more direct approach to the end-borrower.

Enough work.  Time for a little fun:

describe the image

As a general rule, you seldom want to advertise directly to commercial real estate investors for commercial loans.  The reason why is because refinancing a commercial loan is very expensive.  There is the $3,500 appraisal fee and then the $2,300 toxic report fee.  Then the closing attorneys need to be paid their thousands.  Since closing commercial loans is so expensive, most investors only refinance their commercial buildings when they are forced to.  In contrast, I have refinanced my home four times in the past six years.  In many cases, there was no cost to me.

The reason it makes little sense to market directly to commercial real estate investors is that the chances of your advertisement arriving at the exact time that an investor plans to refinance his commercial property is very, very low.  Six times over the past 34 years I have sent out more than 10,000 direct mail pieces to commercial real estate investors.  These costly snail mailings have never produced a closing.

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From a passenger ship, everyone can see a bearded man on a small island who is shouting and desperately waving his hands. "Who is it?" a passenger asks the captain.  "I've no idea. Every year when we pass, he goes nuts.

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So how does a commercial loan broker find commercial loans to place, especially when the market is flooded with competion?  You will find commercial loan leads by soliciting referrals from workers who see commercial real estate transactions cross their desk on a weekly basis.  Let me give you some examples:

  1. Commercial bankers (you solicit their turndowns)
  2. Commercial real estate brokers
  3. Property managers
  4. Other lenders, like credit unions or hard money lenders
  5. Residential mortgage brokers (on a name and number basis only)
  6. Residential real estate agents
  7. Real estate and bankruptcy attorneys
  8. CPA's and accountants
  9. Insurance agents and estate planners
  10. Investors who own 3+ commercial-investment properties
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Two men were stranded on an island.  One man just sat down under a tree and did nothing. The other man looked all over the island.  When he came back, he said, "There is nothing here -- no food, no shelter, no nothing. We're going to die."

The first man said, "I make $10,000 a week," and continued to sit.  The other man again looked all over the island and came back dejected.  "We're going to die," he said.  The first one again replied, "I make $10,000 per week."  And he sat.

The other man took one more look all over, returned, and said, "There's no way we will ever get off this island. We're going to die."  Once again the first man replied, "I make $10,000 per week, and I tithe.  My pastor will find me."
 
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"Okay, George, I understand that you want me to market to guys who see commercial loan deals crossing their desks on a regular basis.  I get that.  But HOW do I market to these guys?"

Here's what you do:  You develop a fun and interesting newsletter, something that your best friend would enjoy, and you send it out to your contacts by email on a regular basis.  Here is one of my sample newsletters.  Just make sure it is jam-packed with cute, clean jokes, funny pics, and cool videos.

You will need a nice template for your newsletter.  Feel free to call the wonderful website designer that I use, John Merry, at 916-941-1180.
 
 
Commercial Mortgage Brokers:  Buy Cheap Commercial Leads
 
You may have noticed that we at C-Loans. com regularly solict bankers for their commercial mortgage turndowns.  That's why we're willing to trade 2,000 bankers making commercial loans for just one from you.  Helluva deal.
 
 
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Since Blackburne & Sons can no longer rely on just commercial loan brokers to bring us deals, I am encouraging our loan agents to expand their solicitation lists to also include bankers, commercial real estate brokers, property managers, residential real estate brokers, other commercial lenders, residential real estate agents, CPA's, accountants, attorneys, and insurance agents.
 
By the way, do you need a scratch-and-dent commercial loan right now?
 
 
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Are you working on a loan for an investor to buy a commercial-investment property?  Frustrated that the bank won't make you a large enough loan?  We'll add our equity to your downpayment to create a downpayment large enough to satisfy the bank.
 
 
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Or maybe a different, more aggressive bank will loan you more money?  Sometimes its all about finding that perfect fit.
 
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Did you learn a little today?  Why not take my complete commercial mortgage marketing course?
 
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The lesson to be learned from today's training article is this:  When the commercial loan market is flooded with commercial mortgage agents, go more directly to the source.  Don't just have commercial loan brokers bring you deals.  Instead, go around them and go directly to the commercial real estate brokers, bankers, and CPA's who have the clients who need commercial loans.

Topics: Go direct