
I keep getting amused about the $700 Phase I conversations that keep occurring in our industry. I have two points to make on this subject and you can agree or disagree with me (in fact I encourage it).
1) First of all, the term Phase I ESA often means much more to EP’s than to many of the unsophisticated users, especially smaller lenders (which I will focus on here). This is in large part due to the fact that most lenders just need to get a read on a property and don’t always need a Phase I. For those who know me, you know that I have spoken to and with literally thousands of smaller lenders over the past several years and most unsophisticated lenders just consider getting an “environmental” for their due diligence…whether it is a Phase I or something much different is not a big deal to them if they feel they get a good understanding of it (this is a whole different topic which I will discuss in the future). In fact, many can be convinced of most anything that makes their costs go down.
2) We are in a very mature industry where the providers want to keep the status quo. What other industry provides basically the same product (if not better) over 15 years yet doesn’t have a price DECREASE…computers are better and cheaper than ever, cellular phone service is better and cheaper, even Starbucks is cheaper than it used to be…all because of one thing…competition.
I would argue that the computer comparison to the Phase I industry is the best. All of the components of the computer are better today than they used to be because the computer manufacturers have found lower cost providers. This allows them to sell a good product to their customers at a lower cost. This is the same for Phase I reports…many providers of Phase I reports are now looking to benefit from lower costs available to them now. For example, independent contractors who are willing to do the work for less money (I know many are quite happy with this arrangement and others wish to work full time for a firm but either way results in a lower cost service). In addition, there are many more data providers out there which have made data costs lower for those that shop around. In fact, in some cases, data is now free. There are sources of aerials, property information, public records, etc. that are much easier to find than in the past. For those that focus on a specific area, they often become experts in their geography and can acquire their own information from local sources.
The truth is that there are many more competitive forces in the industry than there used to be and while many are fighting the tide, things are changing. For the computer companies that tried to keep their price up without a differentiation that mattered to customers, they have lost significant market share (remember Gateway?) While there are clear exceptions to this rule, I would argue that this applies to our industry as well.

There was another article in todays WSJ about the CMBS market. Some quick facts from this article:
Because of this, about $70B in loans are now in the hands of "special servicers", or companies that represent holders of commercial mortgage backed securities with underlying loans that are in default or imminent default. Servicers have restructured about $13.7B of these loans which includes extending loan maturities ("extend and pretend") and reducing interest rates. But some borrowers still end up defaulting.
This continues to loom over the industry and is probably where the next batch of distressed assets emerges from. Then again, maybe not...
When the weather people are more accurate than the predictors of when and where the distressed assets will emerge from, you know it is a challenge.

With all the talk about "too big to fail" and Wall Street bonuses, it would appear that the big banks are in trouble. However, when you look at who will most likely benefit the most from the upcoming stimulus packages, expecially the SBA money, it will in fact be the big banks. Why? Because they have the most money to use (remember the government gave them a whole bunch of capital last year, not the smaller banks), the most comprehensive structured SBA groups, and the easiest access to credit.
Meanwhile, it appeared that the community banks, while they have had a nice run of it recently, would soon be in the back seat again due to lack of access to credit and limitations on their production. Basically, they can't create large divisions to put together packages like SBA as cost effectively as the larger banks. In fact, in many recent conversations with community bankers, they have indicated that the SBA process is too much work to do unless they create a large staff increase. But community banks are run differently than that and they don't typically staff up without business to support it (pretty good concept).
However, this week Chris Dodd proposed a bill that would try to even the playing field not by giving community bankers more but rather by restricting the larger institutions. So there are competing forces on both sides and time will tell who will come out on top. Stay tuned as I am sure there will much discussion about both of these issues.

I have been quiet on the blogging front lately because frankly, there haven’t been that many great things to write about. However, one thing that has continued to bother me is whether our economy is able to be accurately assessed right now. I say this because without the support of the recent government handouts, the economy doesn’t appear to be sustainable. Here is what I mean.
I have followed the Small Business Administration and how it has assisted small businesses for many years and traditionally, it has been a great place for small business to go when a traditional lender might not want to extend a loan to that business. It was a place that a business went when it wasn’t a great fit for a traditional loan and was accompanied by higher fees and a more complex process. But it had a purpose - to fill a void/need in the market. Well, every month now, it appears that another bailout is required for SBA to keep lending money to small businesses and now they removed the fees. Businesses are getting the benefits of receiving money on a riskier loan wiithout any repercussions. It almost seems like the SBA could become the “subprime” commercial loan marketplace if this trend continues…after all, who else guarantees at 90%?
As an entrepreneur, this is attractive. However, as a citizen and taxpayer, it scares me. I don’t see anything else propping up the economy when the government doesn’t intervene. In many ways, the Federal Government is “bailing out” small business with borrowed money of their own to try to increase employment. Yet studies show that companies are not hiring until they are sure that the economy is fully recovered. And many small business owners are now saying that the SBA should lend directly because the banks aren't lending the SBA allocated money to them. My gut tells me that those businesses are not able to get loans due to traditional credit issues and are looking for a handout.
So my question is, where should money be used? Should it be to sustain the things that we already traditionally allocate taxes for within existing budgets or should it be a pseudo "venture capital" fund to create new businesses that somehow aren’t qualified to get a traditional loan (using borrowed money)? Either way, the money to pay for all of this will be coming from the remaining successful businesses and individuals via tax increases, as well as from a continued stream of loans to the government. And many experts seem to think that China, the source of much of this borrowed money, is sitting on a significant financial bubble right now which might prompt them to look for a payout sooner than we expect.
So, my feeling is that if the U.S. Economy doesn't find a way to sustain itself, we will never really know where the economy truly stands.

Towards the end of 2009, I read a Fitch report that claimed that CMBS defaults could approach 12% over the next 18 - 24 months. While this was grim news on its own, it raised yet another question…who is going to fund or buy these loans? I am sure it is not a surprise that it continues to point towards Distressed Asset funds for one main reason…cash.
Distressed asset funds continue to be created all over the world. They have spent most of 2009 ramping up their assets in anticipation of these opportunities. Many of the distressed asset funds (formerly called “vulture” funds…remember?), however, have been standing on the sidelines. Most of these funds know it will change eventually, but when is the question.
An interesting thing I have seen and heard when speaking with these folks is that they are not panicking even though the market did not move as fast as they had hoped. While many expected the onslaught of properties to occur by now and would have arguably made more money had it done so, you might think that they would have abandoned their strategy. However, the strategy of many of these funds was to build up for their opportunity and not make any sudden moves but rather build a solid foundation, keep close to the market and be prepared as the market begins to provide realistic opportunities.
Those with cash will be king for sure, especially since the banks will most likely still be unwilling to lend on these assets due to the quality of the transactions, high LTV, and a continued reluctance to lend in general. However, while many of the banks have not had to sell their assets yet…the times will be changing soon. In fact, Real Capital Analytics states that more than $160B of commercial real estate is currently in some sort of default, foreclosure or bankruptcy. This should create opportunities for many of us. I am hoping to see some need in the marketplace due to this phenomenon.
Heck, even the FDIC is preparing to get in on the action. Recently, it was noted how the FDIC will be looking to profit if the takeovers that they structure end up driving up the stock prices of the buying banks. They already were able to collect money from New York Community Bancorp as part of their recent acquisition of AmTrust Bank.
Wow – isn’t this a novel idea…the government is actually going to try to make some money back from the private sector rather than just spend it…maybe the tide is actually beginning to turn.
Is anyone else hearing differently?

In the middle of this month, my wife and I were lucky to have our second healthy baby delivered to us. Brooke Marie was a very healthy and happy 7lbs and 6oz and we were so lucky to have her as our Christmas present this year.
Interestingly, the stay in the hospital made me think about some things. What I kept thinking is how much of an impact that the medical profession has on people every day, especially the OB/GYN and pediatrics groups. With all the political and economic discussions of Health Care Reform, the business aspects of medicine have totally overshadowed the people that do this for a living every day.
How many of us can say that we help bring a new person into the world or help a mom heal so she can take care of her child/children? How many of us get a HUG from our clients after we have done our job? Every nurse and doctor that helped us bring our daughter into the world played a special role for us.
It once again made me contemplate what I do for a living and how it can make a difference in someone’s life. While working on real estate, environmental, or due diligence issues doesn’t seem nearly as important as the medical profession and what they do for us (for instance, whether it is to place an environmental insurance policy or help a loan officer close a loan, it never quite feels like a life changing issue), I realized that there is a common theme - making peoples’ lives easier and helping with the situations around them. After all, helping others (or being helped by others) is what helps us all succeed in business (and life). Without others assisting us, we cannot be successful.
This time of the season is one that I have always enjoyed because it has been one that you can recognize people by giving gifts, cards, or a heartfelt thank you. This is ubiquitous for all of us regardless of what we do for a living.
I have not been able to reach out to as many people this year but hopefully for those that read this blog, I can say thank you to you all…whether you are clients, friends or former colleagues, I wish you and yours Happy Holidays and a wonderful 2010.

Hello again everyone…it has been a while since I posted here on commonground. I look forward to writing again about how the financial world has changed over the past couple of years…while most of the news has been negative out there in 2009 (see Mr. Kulka’s reference in his blog stating “good riddance to 2009”), I would argue that it isn’t all bad. I look forward to writing about how it has affected our economy, our industry, our employees/colleagues, and the management of the entities that have been most affected.
Even though 2009 has been a very up and down one for most of us (think healthcare costs, 10%+ unemployment, etc.) I wanted to get things back on the right track and to start my return with a belated Thanksgiving edition of “things to be thankful for”:
I hope that during this economic crisis all of you are able to look at something to be thankful for. I must admit, this year was a bit more difficult for me (as for many I am sure) to find them than in the past, but you do appreciate them that much more. Fortunately these are the things that remain fairly consistent regardless of the economy.
Happy Belated Thanksgiving to everyone and here is to a great holiday season (as long as you steer clear of the malls on the weekends!!! J)

In the current state of the economy, it is easy to fall victim to think the entire financial system is in ruins. With players like Bank of America, Bear Stearns, Bernie Madoff, bank failures, etc. constantly on the front page (until the Swine Flu took control of the media), it is easy to think that all financial institutions are struggling. However, we have been consistently meeting with lenders of various sizes to help educate them on the benefits of environmental policies and environmental due diligence and we have learned that not all banks are doing so bad. In fact, many of the community banks in the country are actually thriving in the current economy due to their focus and commitment to their customers.
I read an article today that states that "their silver lining around the dark cloud...is their ability to present themselves as a sober and secure alternative to struggling banks." This is not exactly what you would want your marketing tagline to be but it is somewhat optimistic. The general theme that you hear from both the bankers and their state and national trade organizations is that community banks have consistently done the right thing throughout this turmoil (with some exceptions that you probably hear about every Friday when the FDIC closes them down). This is great news because what it states is that with the property underwriting guidelines, you don't need to get in trouble. In fact, even though many of the community banks have weathered through this storm relatively well, they are still increasing their risk management guidelines internally, including their environmental policies which I think is great for our clients and for EDR.
Just within the past two months, several organizations that focus on the smaller banks (Independent Community Banker Association, NAGGL, NADCO) are all having conferences and are further promoting the smaller banks and loans helping to pull us out of the current situation. The bigger players are still trying to clean up the problems in many cases. The interesting thing about the smaller banks as well is that they want to do the right thing but historically have lacked the guidance to do so. Now there is more regulatory pressure but specifically to environmental issues, there is more guidance and assistance for them than ever before via Small Business Administration, more knowledgeable examiners, and by more educated lenders. All this bodes very well for lenders, borrowers, and property due diligence professionals as we emerge out of this recession.

Whatever you call them, they obviously have been a shot in the arm to the market (for yesterday at least). And boy has it caused the wheels of opportunity to start spinning. I have heard more about this topic over the past month than ever before.
One good thing about traveling to the West Coast (where I am now) is that because I can’t sleep late due to my mental clock not adjusting to the time change, I get to watch a lot of CNBC in the morning and they were all over it today. I find it interesting that they have renamed the program (Legacy Loans) to soften the impact and improve the PR for the program (compared to: Toxic Assets or Bad Bank). Some early positive signs are:
What I have learned so far is that the process will be that a bank approaches FDIC and lets it know that it has a pool of loans to sell; FDIC then auctions the properties off to private investors with the federal government participating.
Some questions that I have however are:
Overall, I find this whole thing quite intriguing, even if I can’t figure out how it will play out yet. Either way, it has to help loosen up credit so that lending and deals can begin again. If not, the only result might be that many of the companies that made lots of profits under the old rules might be the ones to make millions again. I just hope us due diligence folks figure out how to participate so this opportunity doesn’t pass us by. Since us taxpayers pay the bill either way, I sure hope it is the former.
What are your opinions on these developments and the resulting opportunities?

I have been thinking about this topic for some time now and just returning from an annual Florida golf trip (where business was way down) with my dad and yet another development that occurred today has prompted me to speak up a bit. While I completely understand that the government has to monitor how the companies that have been “bailed out” (i.e. AIG) spend their money, they are clearly going overboard with their scrutiny. A couple of examples over the past few weeks that disturb me are:
§ Northern Trust being criticized for spending money on a PGA golf tournament and their clients after receiving TARP money. Northern Trust never asked for the money, was actually well capitalized and the government has made it difficult to pay it back, but John Kerry decided to make it an issue last month. In addition, apparently Rep. Barney Frank wrote a letter to Northern Trust in February, cosigned by 17 others, demanding that it return to the federal government all the money it “frittered away on these lavish events” at the golf tournament. So by punishing this type of spending, they are basically punishing the golf and hospitality industry also. How is NOT spending stimulating the economy? Who ultimately should have the right to decide who has the authority to spend money on their business? There was also the point made that the executives that are not allowed to spend the money on their clients will find other events to do, but the valet parkers, service folks, dishwashers, etc. will not have any work to do.
§ Just today, the Feds are claiming that any bonus given to employees of banks that received government funding will be spotentially disallowed. How will companies keep on their talent if they can’t compensate them fairly (or at least what was considered fair until recently)? How does Chris Dodd or Barney Frank know how much a reasonable compensation package should be? Many companies use bonuses to keep their employees on board by reducing their salaries so their overall compensation includes their "bonus".
Most of the lenders in the country did NOT have issues with subprime mortgages and did not need the monies from TARP but were forced to take it. It is also very difficult to pay it back. And as a result, they are being monitored as closely as ever and criticized on how they spend their money. It is eerily similar to money that you borrow from a family member. While it is typically given with good intentions, where it is spent is always looked at with a very critical eye (I have been on both sides of this situation). Unfortunately, in this case, the “family” is emerging as the entire US population. I am sure that this is a major topic at the annual Independent Community Bankers Association (ICBA) meeting this week, which I unfortunately was unable to attend.
I think David Israel, a TV producer who is involved in the sports economy via the California Horse Racing Commission (I know what you are thinking...), said it best: “It seems to me that if the goal is to get the financial system working normally again, you’ve got to let businesses do what they know how to do best to make money.”
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