Commercial Loan Modification Facts — What You Need to Know
Commercial Loan Modification
With a projected 700 banks on the FDIC failure watch list many analysts are beginning to wonder how many more banks will fail due to the fact that they are holding non-performing commercial loans. In my role as a commercial loan modification consultant I speak to commercial real estate owners who have seen their occupancy levels drop between 30% and 60% over the last two years. These numbers are devastating to the individual commercial property investor who depends on rents to pay their expenses and mortgage loan. Many commercial property owners are turning to commercial loan modifications to help them weather the storm.
“Commercial real-estate debt is potentially more dangerous to the financial system than debt classes such as credit cards and student loans because of its size.” The Real Estate Roundtable, a trade group, estimates that commercial real estate in the U.S. is worth $6.5 trillion and financed by about $3.1 trillion in debt. Partly because the commercial real-estate debt market is nearly three times as big now as in the early 1990s, potential losses in dollar terms loom larger”(Source: Wall Street Journal.)
In the next 24 months, a staggering eight hundred and eighty five billion dollars of commercial mortgages are coming to term. Unfortunately, only 50 billion dollars are available to lend. This leaves the prospects for refinancing a distressed property very unlikely. For commercial property owners and their Banks who are caught in between a rock and a hard place, commercial loan modifications provide a viable alternative for resolving the impending multitude of distressed property scenarios. As a result experienced commercial real estate analysts will be needed to utilize their origination skill sets and provide assistance to investors caught in between the banking credit crunch and the growing irrelevance of capitalization rates (Cap Rates are an indirect measure of how fast an investment will pay for itself).
When renters were plentiful and price per square footage was twice the current market rate, commercial property owners qualified for inexpensive, short term loans, generally fixed for 3, 5 or 10 years. Today, net operating income (rents minus management, maintenance, utilities and vacancy factor of 5%) is dropping to par or below the Debt Service Ratio calculated in the past. Your approach will be to convince the Bank that because Annual Net Operating Income divided by the depreciated Market Value has diminished capitalization rates, a “hardship” has legitimately presented itself for mitigating the previously underwritten mortgage terms.
The Commercial Loan Modification Process
Many business owners will be looking for a life preserver, or more specifically, an exit strategy. Hence, Commercial Loan Modifications are a viable solution. The commercial mortgage modification company becomes a helpful consultant for the struggling investor by analyzing all sides of the sinking ship and then increasing the cash flow situation by lowering the mortgage payments.
The process begins with the mortgage professional originating and compiling of supporting financial documentation (typically, Rent Rolls, year to date Balance Sheets, Profit and Loss Statements, Tax returns with all Schedules intact, Mortgage and business bank statements, and an Executive Summary outlining the Hardship.) After the required documents are stacked, a due diligence period of approximately seven days takes place to determine how to structure a case for negotiating with the special assets department of a commercial Bank or private lender. Contrary to popular belief, Commercial Loan Modifications take less time than residential modifications. Because the banks are not inundated as they are with residential modifications, the decision maker can be engaged earlier in the game. Generally, sixty days from beginning to end appears to be the approximate time line.
Negotiating with the Bank will inevitably require the legal expertise of a Real Estate Attorney and the processing acumen of an experienced underwriter familiar with analyzing financial statements and tax returns. Therefore, it would be prudent for the Mortgage professional to align themselves with a team of experienced commercial real estate and legal professionals.
There are two main reasons:
Reason number one: The current economic market conditions have generated a huge vacancy factor, leaving many property owners of retail strip centers, apartment buildings, warehouses and offices in a vulnerable state of affairs. They no longer qualify for the strict lending guidelines of commercial finance, whether private equity, portfolio lenders or institutional banks. The main underwriting culprit: DSR escalation. DSR , Debt Service Ratio, generally at 1:1.20, represents that for every dollar that is lent, the lender wants to see a dollar and twenty cents returned. This ratio no longer “pencils” due to the fact that anchor tenants, major retailers, have shut their doors and the current occupants remaining are only willing to pay a discounted rent rate, predominantly at 50 percent of the previous price per square foot originally qualified by the lender.
As a result, part of originating a commercial modification entails analyzing the market ratios, forensic auditing of mortgage documentation, assessing both historical and future value, and ultimately determining an appropriate solution to suture the cash flow bleeding.
Reason number two: In order to negotiate, you have to have bargaining chips. These chips come in many forms, from gentrifying the property management for augmenting rent rolls, applying for variances on use codes and certifications of completion, or to selling the distressed property or Note to a sideline of investors, whether Joint Venture Capital or Real Estate Investment Trusts. The larger your pool of available exit strategy resources, the more apt the bank will be to let your principle buy time for salvaging the sinking ship. Needless to say, the bank does not want to be left holding the bag at the end of the new negotiated loan term. Nor are banks or lenders in the business of giving away the house. It is imperative to have all your ducks in a row before presenting your case to a savvy banker or their legal counsel. Adding to the complexity, each bank or lender is governed by different parameters.
CLEAR SKIES AHEAD
Drafting a win/win scenario with the bank, which would entail alleviating their frozen reserves and improving their asset ratios and/or lender portfolios, will not only increase your probability of a successful commercial loan modification, but you will also be fostering a long term relationship with your investor clients who will be inclined to ride out the economic storm with you.




