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Thomas Clark

Thomas Clark, Oracle's 2007 award-winning "Software Architect of the Year" honoring "Technology, Leadership and Innovation" will address information-based environmental and real estate data and due diligence in the assessment of risk in a changing world.

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Recent Blog Entries

  • Managing Earthquake Risk1
    Entry posted 12/12/09 by Thomas_ClarkContributor

    It’s coming, is your client prepared?  During the next 30 years The United States Geological Survey calculates a significant risk of earthquake ground accelerations that exceed the levels of the 1906 San Francisco earthquake which far exceed the levels of the Loma Prieta and Northridge earthquakes.  It is estimated millions of square feet of large, privately owned structures likely will perform poorly during the earthquake and might be seriously impaired for extensive periods after the seismic event.   Should these predictions become reality, a host of potential legal claims, many for personal injury and death, could pose serious financial risk for property owners.

    This hypothetical legal exposure may be reduced if the owners of these structures take remedial action before the earthquake.  The first thing that property owners should do is engage a competent seismic specialist to analyze the facility and predict its performance in two or more possible seismic events. This “seismic assessment” will address the likelihood that seismic demand will exceed the capacity of the structure in hypothetical seismic scenarios. The seismic assessment should address the likelihood that the peak ground acceleration and corresponding “interstory drift” of the structure to determine the buildings capacity to handle future seismic loads or to lose its capacity to handle simple gravity loads.

    If the seismic assessment warns of unacceptable performance during a short time horizon (say a 50 percent chance of collapse within 10 years), the owner should take steps to manage the extraordinary legal risk associated with the use and operation of the vulnerable facility.  Whether the private owner of the structure is deemed negligent should turn on certain findings of fact:

    1. Whether a condition on the property created an unreasonable risk of harm
    2. Whether the owner knew or, through the exercise of reasonable care, should have known about it
    3. Whether the owner failed to repair the condition to protect against harm from the condition

    To reduce exposure a Corrective Action Plan should be developed to provide guidance to the owner on short term interim use and long term mitigation of seismic risk is prudent under the circumstances. Reliance on legitimate and well-reasoned expert advice may reduce the potential exposure to death and personal injury claims, because the owner may be able to prove that its reliance on the seismic specialist and its management of the structure was reasonable under the circumstances. As a practical matter, these solutions will often require careful coordination with existing leasehold tenants, including providing temporary alternate space during periods of retrofit construction.

    Bottom line, a seismic engineering firm should provide guidance to the owner on how long interim use is prudent under the circumstances. The reliance on legitimate and well-reasoned advice of this type can also reduce the potential exposure by being proactive.

  • Distressed Real Estate Transactions? Be Patient…..13.0
    Entry posted 10/14/09 by Thomas_ClarkContributor

    Another week went by, we prepared valuation models for three distressed real estate portfolios we bid on and were rejected by the sellers for being to low.  In today’s market we need to submit ten proposals just to buy one.  The Buy/Sell difference for distressed notes and REO’s are all over the place, compounded by poor information and overstated valuations of “portfolio value” by sellers who are often politically reluctant to sign their names on the loss to move the assets off the company’s books. 

    When an investment becomes distressed, the first option is to sell: But at what price? The value of the asset is what someone will pay after they understand the risks. There are serious detailed technical matters to address in today’s market the buyer must understand before moving to commitment.

    As a buyer it is difficult to value property of any kind when prices are declining.  An economist will tell you a real estate assets value is driven by supply and demand, interest rates, the economy, unemployment, immigration, etc. and even more economic fundamentals.  That maybe true, but with falling or stagnant prices in most markets across industries and across the economic spectrum, the difficulty in valuation makes most assets today distressed.

    Accordingly the seller may not want to face the fact that their assets could be worth far less than what was paid for them. Yet the question is will the asset be worth more in a few months from today?  Most will agree not. 

    Our question we are confronted with is, how can you value an asset especially when we may hold the asset over a 12 month period?  With the multi-levels of risk and uncertainty it is difficult to logically understand why so many distressed assets are being held off of the market.  The incentive to sell is just not as strong as you would think given the facts. 

    As a buyer the key to success in today’s market is patience as we continue doing our due diligence and prepare our next letter of intent.  Until the market resolves the current Buy/Sell difference deal flow will remain a trickle.

  • Cloud Computing and the Future of Due Diligence Services2
    Entry posted 9/17/09 by Thomas_ClarkContributor

    Recessions have the powerful effect of accelerating shifts in technology to gain efficiency.  It is important to note the Federal Government and financial institutions are speeding up the adoption of standards for transferring electronic due diligence data in the quest to eliminate paper reporting and reduce error prone data duplication.  Driven by a business crisis, business leaders and software architects are meeting in committees, adopting electronic protocols, for structuring the transfer of real estate/facility information.  In the near future A&E Consulting Firms will be challenged to adopt transformational IT strategies to become integrate information providers.

    A&E Consulting Firms have had little incentive, or tools, to streamline their work process.  From field surveys to reporting, many of the observation, data capture, analysis, and report generation techniques and process have changed little over the past 20 years.  The Federal government adoption of GASB 34 and a following executive order requiring all Facility Condition Reports to be delivered in a “data base format” have prompted creating IT architectural standards, such as Core Architecture Data Model (CADM), a government favored model designed to capture and transfer data following a standardized IT structure. 
     
    New technology and software innovation are bringing a major disruptive software evolution to all industries, offering a genuine advantage of a new set of open source technologies to interconnect massive data transfers in live time, interrelating business practices across Client/Vendor domains.   New applications coupled with cloud computing can deliver powerful new business capabilities that can make substantial gains in productivity to warrant the cost and risk required for transformational change.   Being on the forefront of Enterprise 3.0 application development in the real estate / asset management industry, I have identified four key Enterprise 3.0 application components necessary to work interactively in the design of a successful due diligence Enterprise architecture model:

    1. Content Publisher Application: Integrated data acquisition tools designed for the capture and conversion of a large volume of property data in a, “Content Publisher Application”, to develop structured data at the point of origin, making it immediately available for review by team members, and allow for information delivery across platforms, including RSS.  By developing structured information a company creates added value while decreasing acquisition costs. 
    2. Centralized Data Store: Replacing document management with content management and interconnecting with other information stores allows for a "Google experience" where data is stored and discoverable based on secured permissions, allowing for self service data delivery as a service to clients which can be billed (SaaS), increasing revenues while decreasing costs of internal discovery, which are often grossly under estimated in the A&E industry.
    3. Portfolio Project Management: Is where a group of current or proposed projects interact with management, business intelligence, and resources collaborate in real time to service the client.  The fundamental objective of the PPM process is to determine the optimal mix and sequencing of proposed projects to best achieve the organization's overall goals expressed in terms of hard economic measures while concurrently managing expected timelines, expenses and personnel schedules and the inter-dependencies with other projects in the portfolio.  At one firm I worked with there was a 40% increase in efficiency by implementing a PPM!
    4. Enterprise communication: In a Enterprise 3.0 design communication is “social” and ubiquitous.  At any business core are person-to-person relationships, Enterprise 3.0 systems are designed to bridge all the channels of collaboration between people, either inside the organization or beyond its walls; videoconferencing, text messaging, email, VOIP phone services, web conferencing, allowing for employees to build the kinds of dynamic relationships around the natural interaction at work that individuals do already in social-networking sites. 


    Software innovation is disruptive and Enterprise 3.0 is no different bringing both promise and risk.  It is a major investment at a cost today for creating benefits in the future.  The challenge of success is not in the technology, but in the internal ability to intelligently adopt and execute a long term IT reorganization plan backed with proper resources and the commitment of management to see it through.  My advice in the end: select the enterprise software architect that knows your business and the technology, not the promises of a consultant.   Remember: An enterprise system is only as good as the DESIGN.

  • “CHANGE” The Economic Reboot
    Entry posted 8/24/09 by Thomas_ClarkContributor

    Looking back at the 1970’s the America entered a recession with some similarities we see today.  We were at war; we had a spike in energy prices, a period of high unemployment resulting from the declining importance of manufacturing.   A growing Japanese economy filled the manufacturing void with products, while evening news reported plant closures. The economy sputtered Americans were feeling the golden age was over.

    In 2008 the American people feel China will soon dominate the future economy and our golden age is over once again. High oil prices, war, wasteful consumption, and a world in peril has uprooted the world economy.   Today in board rooms, Washington, in kitchens and broadcast media across the national attention is refocusing on “economic change”.  

    For 200 years “CHANGE” has been the American economic engine.  While most world economic systems support existing interests we have always been in search for the “next big thing”. During past economic downturns large companies routinely becomes focused on survival which creates space necessary for a major change in our economic system to take place.   The important lesson of the 70s was our nation’s adaptability to the sharp loss of manufacturing which eventually gave rise to the powerful knowledge-based economy that became the cornerstone in America’s economic revival for over 30 years.  
     
    The 70’s recession ended an era of very large monopolistic like companies; companies which dominated industries like IBM, Pan Am, AT&T etc.  During most of the 20th century the economics of scale lead to prosperity, but in the 70’s the now familiar names like; Steve Jobs, Bill Gates, Larry Ellison and their small ventured backed startups faced down the giants and transformed our nation’s economy.  More significantly it was a time small companies trumped the advantages size and ventured backed startups lead to an explosion of successful startups and the IPO.

    After the dot com bubble burst, we reverted back to 20th century economic thought; that large companies where our best investment for growth in the future economy.    During this period the small startups lost there allure they once had.  Then last September it all came toppling down, inflated by debt at levels never before imagined, Lehman Brother’s’ overnight went bankrupt.  The next day Bears and Stern, General Motors, AIG, etc defined a new class of super large companies known to the public as “to big to fail” (ouch).

    We now see in this recession the downside of size.  Large companies require longer decision time and have many more levels of regulations and compliance issues to manage.  Big companies today are harder to run on cash flow alone, they require more debt and have little success in providing meaningful growth in innovation or employment.  To produce meaningful results large companies must place bigger bets in a competitive, web connected, diversified marketplace, substantially increasing risk.

    Harvard professor Juan Enriquez made a commented recently that, “Venture backed investment receives.02% of our national investment while being responsible for about 17.8% of our economic output.”  His comments appear to support the notion that the ‘speed of change, trumps the advantages of size’.   Today small 21st companies have the advantage from nimbleness to risk-taking, while cloud computing is turning our workforce into small globalized teams, loosely joined in collective projects working on; renewable energy, robotics, nano technology, informics and bioscience, etc, which may already be engineering solutions for the next generations economy.

    Twenty months into the recession the economy is still struggling yet there are recent signs the recession is moderating as the financial industries are beginning to lend and the government stimulus moves into the pipeline.  The freefall appears to be over, but today for the first time the best people are moving from the large firms to small firms and independent contractors.  The framework of success is changing, with little more than laptop and friends tens of thousands of small companies are forming and reforming, CHANGE is already hard at work.

  • Bernanke and Troubled Commercial Real Estate Loans3
    Entry posted 7/21/09 by Thomas_ClarkContributor

    The economic downturn is pushing the commercial real estate markets into a difficult period in this deepening recession.  Business bankruptcy are growing, a steady decline in commercial property yields make it difficult for many real estate groups to meet current debt-servicing commitments, creating a major problem for economic recovery. 

    Recently Bernanke told the House Financial Services Committee that the commercial real estate borrowers are having difficulty refinancing their loans.  In an effort to shore up the market and the banks balance sheets, Bernanke is urging banks to help creditworthy borrowers refinance, while the central bank is trying to jumpstart the securitization market by accepting new and legacy commercial mortgage-backed bonds as collateral in its Term Asset-Backed Securities Loan Facility, or TALF. 

    The banks get to hide their there troubled loans in a maneuver being called in financial circles "extend and pretend".   But do we risk repeating what happened in Japan’s economy which became paralyzed as banks failed to deal with their troubled real estate loans?  It is stunning after Timothy Geitner referred to the Japanese “lost decade” as what we would not do, that the U.S. banks are not cleaning up their books and are hoping real estate values rebound quickly.

    Most commercial property loans are structured as balloon notes. Borrowers pay only interest for the first five or 10 years until the loans mature, and then the entire amount must be paid back.  The banks' willingness to extend loan maturities are hoping rental rates and building values return to levels seen during the peak of the real-estate market in 2007.  But what happens to the economy if it doesn’t?

    On paper this plan looks like a plus; the bank extends’ the note to the borrower who pays a fee or agrees to pay a higher interest rate, or both, which allows the bank to grab fees and avoids having to foreclose or write down the loans as an impaired asset. They also can keep the loans on their books as if nothing were amiss.

    The banks post quarterly results that are misleading, which now has become a different problem because the loans have greater risk than they are disclosing and can pretend things are better than they are.  That is what did happen in Japan during the 1990s.  After their debt-fed real estate bubble burst, Japan slid into the "lost decade", a time of economic and financial malaise.

    Despite all the tough talk out of Washington and Wall Street the U.S. seems to be on course to repeat what happened in Japan, granting extensions to commercial real-estate investors, so they don't default. The hidden loans cause banks and especially regional banks to restrict their lending to business to build new facilities, do renovations, or make capital investment which can grow the economy.  What's worrisome is the lack of transparency in the over all system so we are not able to properly evaluate our banking system and make intelligent adjustments.  

    So we are left to wonder; what happens in a few years from now if the loans are still under water?  We can only hope Bernanke and Geitner have the skills to maneuver this economic ship through torturous economic waters, to sound economic stability.

  • Technology in a Time of Uncertainty5.0
    Entry posted 6/5/09 by Thomas_ClarkContributor

    In a time of economic uncertainty the importance of quality and relevancy of the information increases as it contributes to the business of investment.  We acknowledge that the only certainty is that events, markets, and conditions will change in unexpected ways.   Without advanced information infrastructure real estate investment managers simple cannot make these and other critical decisions if they don’t have the information they need.  The sea of data that’s involved in managing real estate portfolios must be able to be assessed and analyzed both for performance and results.

    In our current market real estate is under enormous economic stress.  Investment officers require clear and immediate visibility of the key indicators to successfully navigate their real estate assets through the turbulent times.  Ideally information should be viewed by asset class, by individual asset, by region, by sales channel, by what ever slice of business anylytics is needed at any given time to understand the multi-variable reasons for performance evaluation and to reflect upon a portfolios strategic objectives.

    During the next few years successful real estate fund managers must improve their ability to project the future.   With advances in business software real time information transforms portfolio management from a snap shot in time into a live time dynamic operational investment tool.  New business architecture is needed to improve decision making from; what opportunities to bid on, what price to pay, what product blend would be optimum given market conditions and forecast, what is the current status of all of the products in the portfolio, financial stress management all require superior knowledge to asset in making the best decisions. 

    Investments in fully integrated SOA tools can provide the collaborative work ecology integrating functions through a common, collaborative, data structure.  By overlaying a Portfolio Project Management enterprise application over all of the key operations, investment managers can perform the multi-variable tests for testing hypotheses on complex multi-variable systems, designed to track the status and performance against established key indicators to monitor and rebalance the operations, the key to a competitive advantage into the future.

    The essence of fund management is to measure the ability to prosecuting the many real estate management functions efficiently and measure the direct results based on the portfolio mangers criteria.  The investment dash board today can view process as dynamic and can be the advantage in a time of uncertainty.

     

  • The Commercial REO and FDIC Market5.0
    Entry posted 5/30/09 by Thomas_ClarkContributor

    There are signs the commercial REO market is taking shape at the FDIC which is assisting the Treasury Department set up and run the Troubled Asset Relief Program funds to help private investors buy as much as $1 trillion in mortgage-backed securities and other holdings

    Real estate investment companies are positioning themselves to take advantage of TARP funds to purchasing performing and sub-performing commercial real estate (CRE) note pools to take advantage of the coming commercial REO’s.  Treasury Secretary Timothy Geithner announced on Wednesday that the much anticipated toxic asset purchase program, Public-Private Investment Program (PPIP), will be running in six weeks, but details are still incomplete.

    There seems to be a lot of private capital on the sidelines awaiting the Public-Private Investment Program since it was announced months ago, but investors have become skeptical about whether the government will be able to work out the kinks by July.  A lack of staff, pricing and institutional knowledge appears to slow down the actual implementation of the program.

    Banks’ reluctance to participate as part of Treasury’s PPIP potential buyers and sellers has also held up the program over the prospect that lawmakers might change the rules.   Last month congress approved an amendment that would impose conflict-of-interest rules on managers of PPIP funds to ensure securities purchases are “arms-length” transactions.   Sheila Bair, head of the FDIC said, “The Treasury will need to issue regulations, to clarify these issues before we will have comfort by market participants.”

    Yet unanswered questions remain as to whether banks will feel compelled to sell distressed assets in the PPIP program.  Or will the terms the government plans to give holders of distressed debt offer a cushion, giving them the option to hold and work out these assets, rather than try and sell them at distressed prices.  The Banks and investors are jockeying for position, while the elephant in the room remains; the wide discrepancy on price between buyers and sellers.

    Meanwhile many investors and service companies are using this time to put plans into place in preparation for the program's launch in July.  Make no mistake about it; this $1 trillion program will have an impact.  The PPIP program calls for investors to partner with Uncle Sam to buy up troubled loans and securities stands an excellent chance of helping to value toxic assets and begin to move commercial REO’s to market. 

     

  • Managing Client Expectations
    Entry posted 5/12/09 by Thomas_ClarkContributor

    Years ago I had a design/build company I operated in Arizona.  Starting out I attacked every client issue with the ‘can do spirit’ which drove me into starting a business in the first place.  Clients being clients asked for anything and everything and my stock answer was always, “we can do it”.  Over time I came to realize that was never a good answer.  Without vetting the scope of work being requested and just being overly enthusiastic I was inadvertently raising performance expectations and leading my firm into trouble down the road.

    As a  business, A&E due diligence firms take on a substantial amount of liability which builds up over time and can at any time cause a firm great financial difficulty.  There a myriad of code and regulatory issues to consider as well as the nuances associated with the mixture of design and materials and geographic area, a complex and daunting task which is made even harder in the short timeframes dictated by the market place.  Most clients appreciate the complexities of the assignment but there is an dangerous underlying expectation of perfection which is important to manage throughout the project cycle.  

    Clients come to the due diligence firms often expecting a team of experts can be on site at a moments notice, and develop a full understanding of the deficiencies and potential liabilities after just spending one and two days on site.  In the initial sales or project meetings it is important to manage the tone for the relationship by defining what are reasonable expectations for services contracted for.  Let the client know up front how you plan to respond and communicate about issues arising from the inspections, and develop contract language which clearly defines the level of liability the client can expect at the conclusion of the project based on fees, scope and services outlined in the contract.

    Assign the Project Manager the responsibility for one of your firm's best defenses against unrealistic client expectations – documentation; and more A/Es should actually enforce their existing internal documentation policies. Poor or missing documentation often expose a firm to a host of legal issues which should have been avoided.
     
    Most importantly don’t over promise.  Many business owners, eager to please their clients, fall into the trap of promising too much, providing extra services without increased fees or documentation of understanding of casual agreements during the course of a project.   The best way to avoid many of these casual agreements is to consider that every hour you give away is fees your business is losing.

    If you have a valuable client and you decide to provide an extra two hours of your time or services, let the client know that you’re giving extra time and why. You need to make it clear that this is a one-time occurrence and not something to be repeated, and let the client know that even when they get only what they contracted for, they are getting valuable service by billing the normal amount and offering a like credit.  Numbers are what all business relationships remember and is the only sure way your generosity will be credited.

  • The Art and Reason for Due Diligence
    Entry posted 5/5/09 by Thomas_ClarkContributor

    Since institutional investing has become a more dominant component of the commercial real estate market, and because of securitization, investors are more and more separated from the decisions concerning specific real estate acquisitions, due diligence is even more important.  The function of due diligence is to identify, ascertain and model a property's risks.  This is the Art and Reason for Due Diligence.

    Today’s problems in the credit markets and the slowing economy are catching up with commercial real estate.  The Savings and Loan failure in the late 80’s was caused by the lack of property and environmental standard assessments.  In the early 90’s new standards that were designed to protect commercial real estate investment based on the knowledge and experience gained then.  In the age of real estate globalization how should our due diligence methods and deliverables evolve to meet the needs of the 21st century commercial real estate investor?...

     

  • Earth Day: US Energy Policy
    Entry posted 4/21/09 by Thomas_ClarkContributor

    The environmental movement, started by ordinary citizens, insisted on policy change and fought against all odds, radically influencing the public debate.   In 1970, the overwhelming success of first “Earth Day” summoned the public support, energy, and commitment to save our environment began to shift the power in the debate in Washington. 

    For today’s generation the issue of global warming has reinvigorated the environmental debate.  Facing a world population that has doubled, a globalized economy, a new environmental movement has emerged.  As individuals, we have little influence, as a environmental social network the movement is revolutionizing change.  Using information and the internet the new generation of community minded environmentalist have expanded the environmental movement world wide.  And again we see Washington respond after years of rolling back environmental programs, which in hind sight may not have served us well....

     

  • The Knowledge Advantage for Marketing
    Entry posted 4/15/09 by Thomas_ClarkContributor

    As a data analyst we are constantly looking for new sources of data to build into predictive modeling.  The internet provides a huge volume of new key indicators to follow.  To help the reader better understand how a real estate IT architect might use key indicators for analysis, I have listed a few early results of key indicators we have an interest in following.  From the interrelationships between various key indicators we look for patterns to mathematize predictive results.  With improved tools and understanding we are advancing the science of predictive analysis.

    Reviewing a number of searches conducted on the internet to evaluate interest across the property and environmental due diligence industry can provide an early source of information on the future activity in the market.  Search data provides early trend data in attempting to predict the future for the real estate due diligence industry.  The questions asked provide data points which interconnect with economic data to provide a knowledge advantage for our clients.  Following are a few data inquires:

    Environmental interest in Phase 1 reports has risen substantially since the beginning of the year in the metropolitan areas of New York, Washington, Los Angeles and San Francisco.  Real Estate interest in Phase 1 reports reached an all time low the between Dec 14-20 2008 and has risen steadily showing a sharp increase since Mar, 15th.  Most of the current interest is centered in California which could be a reflection of the changes in state environmental policies.

    Environmental interest in Phase 2 reports has been somewhat stable over the past 3 years leading one to speculate this market maybe less effected at this moment by the real estate down turn.  Most current interest is located in California with New York and Texas current interest lagging.  Interesting has shown a sharp increase in the past 30 days from within the real estate community particularly in California, a trend I will be interested in following.

    The interest in Property Condition Assessments has fallen off the cliff, a point that reflects the sharp decline in commercial real estate transactions which have become something of a memory.  Yet the interest in commercial real estate sales remains fairly constant indicating people are watching the market with the same interest but are not engaged in the market today.  Investors it seems are evaluating the condition of the market with interest from the sidelines.

    A bright spot is the increased interest in Facility Condition Assessments; the government version of a PCA Report which has remained steady with a definite increase interest since the new administration took office.  We might assume this increase in interest in facility assessments reflects the enactment of stimulus package which is channeling billions towards rebuilding the nation’s infrastructure.  The strongest interest not surprising is in the District of Columbia and Virginia, followed by states with large populations, Florida, Texas, California and New York.

    Knowledge is abundant; the use of it is scarce.  Our future will rest with our success in understanding and acting on high quality information.   The competitive difference is the application of knowledge.

  • The California Green Building Code
    Entry posted 4/9/09 by Thomas_ClarkContributor

    California is leading the way to fight climate change and protect the environment by adopting the first statewide green building code.  The California working committee brought environmental groups, labor organizations, and representatives of the construction and building trades industry together in support of the new green building standards.
    .
    The new The California Building Standards call for a 20% improvement in water use efficiency for both residential and commercial plumbing fixtures as well as target a 50% increase in conservation for water used in landscaping. The statewide “green” building code also requires all new construction to reduce energy consumption by 15%.

    These newly adopted green building standards will help California achieve the goal, mandated in Assembly Bill 32 signed into law by Schwarzenegger two years ago, of reducing greenhouse gas emissions 30% by 2020 and is achieving something no other state has been able to, reducing California’s carbon footprint.

    John Frith, vice president of the California Building Industry Association, called the new code a "cost-effective meaningful way of making green buildings widespread across the state".  The committee’s reasonable approach avoided a number of extreme and more costly recommendations.

    "What we did not want to see is a huge increase in the programs," he said, adding that giving builders the flexibility to choose how to reduce energy and water consumption will be helpful to his industry and consumers.

    The California Business Properties Association, which represents more than 10,000 companies in the commercial, industrial, and retail real estate industry, strongly supports the new code.   "Our industry is proud that in this state we are already building some of the most efficient buildings in the nation. A new building built in California is almost 50% more energy efficient and emits half the greenhouse gasses of the national average," notes Rex Hime, CBPA president, in a statement. "Now, the state has adopted the first set of green building codes in the nation which will continue to move us towards a more sustainable built environment."

    Adherence to the California Green Building Standards Code are voluntary until 2010, providing builders, local governments and communities time to adapt to the new rules.  California working with building stakeholders has moved closer to the states 2020 goal.  This common since approach moves away from the current win-lose model to a win-win sustainable environmental economic model.  For success environmental choices must come down to having all choices being economically and environmentally sound. 

  • Watch the Housing Market for Recovery
    Entry posted 4/1/09 by Thomas_ClarkContributor

    It does not take long to realize to fix the economy we first must divest the nations REO inventory beginning with housing.   With foreclosures at record highs, prices have had the biggest drop since the Great Depression, and nobody expected much of an improvement in the overall housing market until well into next year.  Yet sales of previously owned homes have unexpectedly increased during the first two months in 2009.

    Fueled by lower prices, markets around the country have seen distressed properties supplies listed on MLS shrink in many of the most depressed markets.   Local investors recognizing opportunity are buying properties, installing renters, setting the stage for a housing recovery.  Ironically, many renters are sometimes former homeowners, as banks now are allowing owners to stay in the homes after foreclosure.

    Changes in government policy and the Federal Reserve System are stepping up to feed life back into the housing market using FED fiat money buying the debt of Fannie Mae and Freddie Mac.  Mortgage rates are now under 5% and first time home buyers are receiving a tax credit.  U.S. central bankers decided last week to buy as much as $300 billion of long-term Treasuries and more than double mortgage-debt purchases to $1.45 trillion, aiming to maintain low interest rates while recapitalizing the housing market.

    A new survey conducted by Knight-Frank found that a significant number of high net worth investors plan to increase their residential real estate investments over the next one to two years.  Liam Bailey at Knight Frank said, “In turbulent times the wealthy want their investments to be both tangible and transparent,” and recognize opportunity as conditions changed in the real estate market.

    We are now in a recession the likes of which nobody has ever seen.   Recapitalizing the housing asset bubble is the first step to recovery.   Housing assets are being sold at "fire sale" prices, rather than fair market value, the difference between these two values is huge -- a good rule of thumb is 30% off.   If this approach gains momentum the discount for REO inventory will narrow, making today’s price attractive for the home buyer.  This will not turn the economy around on a dime, we have the commercial REO problem ahead of us.  But it is good news never the less, a critical first step in the right direction, and a key indicator to watch in the coming months. 

  • The REO Market for A&E Firms
    Entry posted 3/23/09 by Thomas_ClarkContributor

    A steady decline in commercial property yields will increase commercial real estate owned (REO) assets in the coming years.  There is much work to be done in such a market, options include; liquidation, building out and selling; building out and holding; or simply holding until the market improves and yet few people remain in the banking and real estate business that have the practical experience in a REO market.   This will provide a market opportunity for the real estate and A&E due diligence firms for years to come.

    The REO portfolios held by Financial Institutions are growing, as large amounts of real estate are being foreclosed, with no end in sight.  As a result of the capital glut, during the run up leading to our current credit crises, there was an increased number of commercial real estate backed loans.   Many of these notes will begin to reach maturity at the end of 2009, and will greatly accelerate in 2010 and 2011, which will create a refinancing crisis increasing downward pressure on commercial real estate value well into 2012 and maybe beyond, increasing REO properties.

    The current situation is not the first time the federal government has faced the challenge of large divestiture of foreclosed property, the New Deal-era Home Owners’ Loan Corporation (HOLC), the Resolution Trust Corporation (RTC), and HUD’s Asset Control Area (ACA) program.  In each case, the federal government was forced to deal with large-scale disposition of private-sector assets that passed into public hands as a function of federal funds put into an earlier, related transaction. 

    Looking back on the earlier experiences, one of the key abilities required to successfully managing an REO portfolio is through maintaining and enhancing property values during the period of time financial institutions hold the REO assets.  Although that is a simple concept, it is actually a complex task for the financial investment community. While some financial institutions do it themselves, most have to turn to third party asset managers which offer due diligence firm’s opportunities to provide facility asset management services. 

    Foreclosed properties create an immense pressure on financial institutions to dispose of assets in relatively short time while trying to get as much value back as possible. This process is frequently hindered by the poor condition of these properties due to the borrower's neglect.  The most important trait a third party asset manager brings to the REO portfolio is the real estate investment opportunity viewpoint, not simply the banker’s view of the assets as distressed collateral. 

    The use of a third party asset management firm's does not mean the financial institutions relinquish control over its portfolio but the third party can mitigate destructive characteristic of many financial institutions bureaucratic structure which often has different levels of authorities seeking different objectives at the expense of the portfolios asset value.  The third party asset manager, acting as a liaison between the institution and real estate management companies, handle the assets and vendor contracts with the understanding of what needs to be done efficiently to build and maintain asset value.  

    What can we learn from previous experiences?  A lesson learned from the past financial disasters is, success in mitigating losses spreads sales out over time, which increases the values of the holdings, allowing the market to grow in the ability to absorb product.  It is during this timely process opportunities abound.

    Due diligence firm’s that undertakes the task of servicing the REO market must have multiple expertise; asset manager, property manager, contract manager, financier, building science experts and construction professionals among them.  This knowledge delivery is essential to successively guide the disposition of assets through direct sales, auctions, securitization, and joint venture with private firms is complex. The financial institutions will need to rely heavily on private firms to evaluate, package, and sell assets, as a matter of necessity which will require flexibility and innovation.   Both the HOLC and the RTC days in retrospect are remembered as flexible and innovative.

    Any new disposition program will face not only the old questions, but new ones that reflect changes in both sensibility and law since even the early 1990s. The bottom line will require all of our expert knowledge, to best harness the capacity and discipline of our industry.   And finally, bring the flexibility and innovation that is temporary exercised in these times when properties being disposed of came into public hands as a result of taxpayer funds used in an earlier transaction.  We will be dealing in the REO for sometime to come and it will reward those firms’s that prepare.

  • The Great Recession of 2008
    Entry posted 3/13/09 by Thomas_ClarkContributor

    Talk shows are quick to blame the human side, wild optimism, greed and people buying more house then they need or could afford.  But I would argue the destruction and deregulations of our banking institutions over time lead to credit expansion, overprovision of credit, encouraged resources to flow into areas that distorted prices, causing an ultimate correction to take place; and the pain of this correction is "The Great Recession of 2008". 

    Markets can cope with a certain amount of bad policy, and over time can adjust to bad policy and still have some pretty decent outcomes, but by piling up bad policy after bad policy, supercharged by technology and unproven theories, the market could no longer respond rationally.

    Professor of Economics, Larry White writes, that those who blame the crisis on greed are wrong because "greed... is always around" and you cannot explain a variable result by a constant.  Greed and self interest are part of the fabric in American life; the difference is policy and regulations. 

    Since 1932, the enactment of modern banking regulations, mortgage banking rules were built on the principles of localized banking.  Not long ago the economics of housing was all local.  To buy a house the borrower went down to the local mortgage bank, sat with the loan officer, filled out and application for processing.  Based on the amount of down payment, credit worthiness and local economic factors a decision was made to extend the borrower a mortgage and a long term relationship was established between people and the bank.  The local bank would hold the note, collect interest, and the local economy would grow on the basis of local economic factors.

    Until the 1980's, housing finance was segregated from the overall capital market. With the explosion of information technology, digitized information travelling around the globe the banking system was transformed; replacing educated loan officers with digitized profiles and modern portfolio theories.  By the 1990's, the integration of previously segmented mortgage markets became part of global capital market place allowing for general interest rate declines to generate mortgage rate declines that both increased housing affordability and decreased the relative cost of housing while removing local knowledge and responsibility from the process.  The mortgage banker, who had been responsible for the satisfaction of the loan, was replaced by a mortgage processor and personal accountability was lost.

    The advancement of technology out paced regulatory policy resulting in the securitization phenomenon, pouring trillions into housing instead of other kinds of investment, capital which normally would have gone into other innovations like; health, entertainment, manufacturing, business, engineering and technology development. Instead capital fueled mortgages which went in search for customers. 

    It is nice to have more and bigger houses, but it was artificially introduced, prices out passed wages as the flood of capital overwhelmed housing prices. Between 1997 and 2005, the number of household mortgages increased by 20 percent, while the number of households increased by only 9 percent. Total mortgage debt increased by 250 percent, while nominal GDP increased by only 50 percent.  A perfect picture of a bubble, the result; prices needed to fall.

    The speed and complexities of globalization, financial innovation and an out dated banking model caused new risks that were not encountered before and not appreciated.  Newly developed financial instruments create unforeseen dependencies and unlike other industries, banking did not beta test there new products, and the newly created financial instruments were released around the world without oversight to the unsuspecting public with devastating results.   

    But I am optimistic, the American economy is surrounded by opportunities; global warming, toxification, energy management, rising populations, aging populations, income disparity, and the advancement of scientific knowledge.  Ingenuity and capital will tackle the problems of the 21st century and new economic leaders and solutions will emerge from the, “great rescission of 2008” leading the way to economic growth which will match the challenges we face.  A new commitment to innovation and renewal will spur the economy forward, and 2008 will become just another chapter of our collective history we will have learned from. 

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