
I
am pleased to announce we successfully closed on a $4.6M Retail Center in
Sturgeon Bay, Wisconsin called Cherry Point Mall
in November of 2007. We are very excited about this
property. We feel there is tremendous upside potential in its residual
value, and it generates handsome cash on cash returns, currently at 9.90%.
We have already extended two of our largest tenants' leases at Cherry
Point Mall and our Leasing and Management Team has begun working with
two others in hopes of early lease extensions. |
We are looking forward to our summer
meeting in 2008 in Sturgeon Bay as we can’t wait to report all the
positive news first-hand to our investors.
We have experienced some recent hiccups with conduit lenders as that marketplace
has proven to be unstable. With residential loans swelling to $10.7 trillion
and commercial debt nearly doubling to $3.1 trillion* in the past 5 years,
we anticipate there to be more fallout to come.
We will continue to be flexible and explore new lending opportunities to
fit each individual property as best we can. We are seeing local lenders
becoming more creative and more are willing to step up and fill that gap.
We feel that will be the trend into Spring/Summer of 2008.
We continue to find ourselves to be very picky buyers. Our acquisition’s
team has been relentless in its search for new properties, looking at several
hundred deals in hopes of finding just one that will fit into our strategy…allowing
us to meet our objectives of Higher Returns. Lower Risk. *Source
Mortgage Bankers Association. |

For the majority of Americans, your home is your
greatest financial investment.
In turn, your mortgage lender is potentially one of your greatest financial
partners. Choose wisely and understand the shared responsibility of this
partnership.
These simple, yet powerful statements are truly the lessons learned with
regard to the recent subprime lending situation. You’ll notice the
word “partner” plays prominently in the lesson. When any upheaval
strikes it’s easy to point fingers when, in reality, all members
of the partnership play a role.
In simple terms, Alt-A and Sub-Prime mortgages, for several years, looked
like a sure thing to investors and borrowers alike. These higher risk
mortgages lost their luster when, in certain parts of the country, home
values fell dramatically and money owed was greater than the “value”
of the property. Add that to rising interest rates and borrowers with
adjustable interest rate mortgages no longer could afford their minimum
monthly payments. (According to the Wall Street Journal, these creative
subprime loans accounted for 47% of all mortgage loans last year. At the
start of the decade they were less than 2%.) With borrowers’ cash
flow strapped, foreclosures followed. The foreclosure rate so far in 2007
is 1/557 households compared to 1/1100 in 2006.
The metro area of Merced, CA has been hit the hardest as 1/68 homes have
seen foreclosure. Right behind the home foreclosures are the mortgage
companies. As reported in the press, many fell on hard financial times.
Since December 2006, over 170 major US lending operations have closed
their doors. Challenges to the borrower do impact the mortgage lending
institution. That’s why a strong “partnership”, mentioned
earlier, is critical for borrower and lender. Caution remains as the five-year
ARMs, nicknamed “exploding ARMs” signed during the refinance
and first home mortgage frenzy of 2003 will reset in 2008/2009.
About 80% of subprime mortgages are adjustable rate mortgages. The foreclosure
trend is predicted to increase, not slow.
As a community bank, McFarland State Bank has always looked out for our
customers — regardless of the competition’s lending offerings.
We provide our customers with the best products and customer focused service
as well. That is the foundation of a strong partnership. We’re proud
that through the years, even during unstable economic conditions, this
strategy has successfully served McFarland State Bank and its customers.
We are that trusted partner many seek and our customers have enjoyed. |
For
investors, the first and last concern in a1031 exchange transaction should
be security and integrity. "Are my funds secure?" is the most
important question any investor can pose to a Qualified Intermediary (QI)
handling a 1031 exchange. Recent events by a handful of disreputable QIs
have led investors and real estate professionals to speculate about what
is the true litmus test for ‘security of funds' when it comes to
a 1031exchange. In turn, a few QIs and pundits have generated a rash of
propaganda and half-truths in response.
Why Use A QI?
At the heart of the matter is the reason QIs were created in the first
place. Safe-harbor rules broadcast by Congress with respect to 1031 exchanges
prohibit an investor from owning or having access to funds generated from
the first leg of the exchange (the sale of the Relinquished Property).
Instead, the investor must rely on a "Qualified Intermediary"
to safeguard the funds generated by the sale of the property. Additionally,
IRS Tax Code Section 1031 restricts the investor from using his or her
attorney, CPA, agent, realtor or any "related party" to act
as QI and hold the investor's funds in trust. Consequently, an investor
must go to an independent third party QI. The investor, then, must entrust
the proceeds from the sale of an investment property to a QI, relying
that those funds will remain intact throughout the 1031 exchange (up to
180 days) until the new investment property is purchased.
Because the Qualified Intermediary industry is virtually unregulated in
48 of the 50 states, anyone can hang a shingle and call themselves a Qualified
Intermediary, no questions asked. As a result, in the past five to 10
years, some less-than-reputable parties entered the QI industry. Mismanagement
and/or malfeasance resulted in a handful of high-profile bankruptcies
and restructurings by such QIs. Adding insult to injury, investors whose
QI failed were faced with a double whammy--in addition to losing the exchange
funds, each investor was still liable for taxes on the gain from the sale
of the Relinquished Property because the second leg of the transaction
(the purchase of the Replacement Property) was never completed.
How To Know If Funds Are Secure.
How is an investor to know that their funds are truly secure during a
1031 exchange? Currently, there are a few popular methods used by QIs
to assure clients that funds are secure. Each has its advantages and drawbacks.
The methods discussed below range from "segregated accounts"
at the lowest end of the protection spectrum to "bonding and insurance",
which provide the greatest protection to the investor.
|
My story last week on changes coming in the tenant-in-common (TIC) industry
initiated quite a discussion with readers on whether the changes will be
a good thing or bad thing. "If the tenant-in-common industry
works out their deal with the National Association of Realtors and the U.S.
Securities & Exchange Commission, I can't wait to see the implementation
of the commission structure and the playing field," writes James A.
Brennan, JD/LLM, vice president of Wachovia, Private Banking in Washington,
D.C. "What type of Chinese walls do you create to regulate a pot of
players (securities folks) that are members and allow them to hand a check
over to another pot of people for a transaction which [is] not subject to
disclosure and investor protection rules of the SEC/NASD?"
"It will be very interesting," Brennan adds, "especially
if the deal requires the real estate players to act as fiduciaries and almost
‘sign off’ on TIC deals. If that happens where an agent becomes
the "buyer rep" and the TIC broker becomes more of a wholesaler,
you will have residential real estate agents with investors with $500,000
of equity underwriting and performing due diligence on $50 million projects?
If they are not fiduciaries... then they are simply referral partners that
can receive X percentage. Fee sharing in the securities world is complicated."
"Plenty of other securities rules don't exactly fit into the real
estate transactional way of doing things such as suitability and knowing
your client," Brennan writes. "TICs fall into a bucket known as
Direct Participation Programs governed by the SEC, which includes oil and
gas alternative investments and limited partnerships. These deals are on
their face highly illiquid, speculative investments, only suitable for sophisticated
investors with a background in investing and other liquidity."
"Executing private placements and DPPs has always been a provocative
business courting athletes and high net worth families to diversify their
holdings. Now it will be a way for [Jane Doe] at [generic residential brokerage
firm] to ‘get a listing’ by providing her investor client with
an exit strategy," Brennan writes. "How long has [Jane Doe] known
Joe Investor? How long has Joe Investor known XYZ broker?"
Ted Thomsen, principal of White Cap Realty in Appleton, WI, writes that
he agrees that "it seems strange to be able to pay both sides... myself
being both an ex-stockbroker and real estate licensee." |
Still, Thomsen writes, "at
the end of the day any ruling, law, guidelines set out there by SEC, IRS,
or Congress should only help TICs grow and commercial real estate continue
to prosper."
"Sponsors can sleep better at night knowing that we are not putting
any brokers (security or real estate) licenses in any potential jeopardy,"
Thomsen adds. "And maybe the legal fees for TICs in general will
become more reasonable — helping our industry to remain competitive
and reduce our loads. Any ruling should help lessen the legal fear factor
that TIC sponsors face today."
"The other topics out there are allowing TIC sponsors to do some
limited advertising as we are pretty handcuffed right now from doing any
for those who follow the Regulation D private placement guidelines and
package their deals under the security channel as we choose to do,"
Thomsen adds. "The bigger question longer term, I feel, is on the
resale and how the secondary marketplace will evolve from all the TICs
sold? What sort of package will TIC sellers need and who can get paid
to resell their interest."
"What type of Chinese Walls do you create to regulate
a pot of players..."
Gabriel Silverstein, SIOR, president of Angelic Real Estate in Chicago,
writes, "the thought that the SEC would require TIC investors to
be accredited to begin with is a bit silly to me — you don’t
have to be an accredited investor to buy stocks, bonds, options, futures
or most other investments, other than of course private placements of
completely illiquid interests in what are generally expected to be fledgling
companies, which adds infinitely to their risk, beyond the liquidity question."
"Anyone can invest in public or private REITs without being accredited,
and certainly anyone can buy completely illiquid stand-alone real estate
investments without accreditation," Silverstein adds. "That
a TIC investment in real estate is less liquid than a publicly traded
security is not grounds for an accreditation requirement. Let’s
not forget that the primary investor in these are 1031 exchange buyers,
who are by definition coming out of real estate investments to begin with,
and in many cases those were far less liquid than the TIC investment is.
This story is an excerpt from Watch List, a weekly
column of distressed commercial properties, mortgages and corporate news. |