Friday, June 27, 2014

et encore! another $150MM goes to special

Transaction: GECMC 2006-C1 & GMAC 2006-C1
Property: James Center
City/State: Richmond, VA
Property Type: Office
Balance: $150,000,000
MS: Berkadia Commerical Mortgage LLC
SS: LNR Partners, Inc.
Reason for Transfer: Potential/ Imminent Default

Wednesday, June 25, 2014

Hey now! Another $150MM in loans transfer to special servicing in one day

Transaction: MLCFC 2007-9
Property: 300 Capitol Mall
City/State: Sacramento, CA
Property Type: Office
Balance: $104,330,000
MS: Wells Fargo
SS: LNR Partners, Inc.
Reason for Transfer: Imminent Maturity Default

Transaction: BSCM 2006-PWR13
Property: First Industrial Portfolio
City/State: Various, GA
Property Type: Industrial
Balance: $47,497,720
MS: Wells Fargo
SS: Situs Asset Management
Reason for Transfer: Imminent Monetary Default
Fitch recently released their "new" loss estimate of 15.7%
for the 2007 vintage. Who wants to bet that will change 
within three months?  It's subprime all over again!

Sunday, June 22, 2014

CMBS Repurchase claims

Hello once again.

We know that a lot of sketchy loans went into legacy CMBS.  Often, the special servicer delights in pointing out how actual performance differs from predicted performance (even though they bought the at-risk B pieces).  The sole recourse left to the trust is to sue the originator for a breach claim.  This has happened before but seldom.  Orix took Nomura to the cleaners for Doctor's Hospital at Hyde Park (ASC 1997-D5) to the tune of $65MM including legal costs but it took over five years to resolve.   I am aware of only one repurchase claim in the current market, City View Center in MSC 2007-IQ14.  The story here is that a shopping center was built on top of two landfills in a suburb of Cleveland, with a methane remediation system to vent gas through lighting posts in the parking lot.  Wal-mart moved in, decided it stank of fart gas, and moved out, triggering co-tenancy clauses.  MSC is being sued for a breach claim for not having adequately disclosed environmentals.  The loan has been declared non-recoverable and shortfalls are hitting the AJ class.  Any others you know about?

Monday, June 9, 2014

CMBS University: What is the difference amongst CMBS 1.0, 2.0 and 3.0?

Dear CMBSers,

The question you were afraid to ask is answered here.

In CMBS 1.0, also known as legacy CMBS, payments of interest are senior to payments of principal.  Thus, when a deal had shortfalls due to delinquency and there was a sale of property which did not result in loan liquidation (e.g. Beacon Seattle in GECMC 2007-C1, or West Hartford Portfolio in BACM 2007-5), proceeds would be applied to paying off prior interest shortfalls in lower-rated classes rather than being applied to paying down principal in the front-pay higher-rated classes.

Understandably, this got AAA investors upset.  Why were lower-rated bonds receiving any sort of cashflow when they were not?  What were the ratings agencies thinking?  Thus, in CMBS 2.0 starting with the JPMCC-initiated deals in 2009, all cashflow is directed at the senior-most classes.  This means that if a class suffers an interest shortfall, that shortfall is permanent until that class becomes a front-pay and becomes eligible for recoveries.

What makes CMBS 3.0 any different?  As far as I can tell, the difference is that 3.0 deals include an operating advisor (e.g. Pentlalpha) as a party to the transaction.  The operating advisor does not seem to have any fiduciary role and seems to exist for the sole purpose of gathering fees as an advisor to the special servicer, but hey, we're all friends here so why not.

Can anyone shine more light on this?  What do you think?

Friday, June 6, 2014


Roger (who I assume you all know) says it best:
On Tuesday, CWCapital Asset Management, on behalf 
of the trusts it represents, formally took ownership 
of Peter Cooper Village and Stuyvesant Town, via a 
deed in lieu of foreclosure. This action means that
the properties are now REO assets of the trusts.
In addition, as result of the change in ownership, 
the foreclosure auction, of the top three layers 
of mezzanine debt, planned for next week, has been