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?

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