Appleton office:
4824 N. Stargaze Dr.
Appleton, WI 54913
920.739.5561 :Tel
920.739.5562 :Fax
Madison office:
106 E. Doty St. #330
Madison, WI 53703
920.739.5561 :Tel
920.739.5562 :Fax

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.