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MESSAGE FROM BROKER/TOC
A. MEASURING AND COMPARING
INVESTMENTS
B. REAL ESTATE FINANCE
C. PURCHASE AND SALE ISSUES
D. LEASE LINGO AND LEASE NEGOTIATION
ISSUES
E. TAX ISSUES
B. REAL ESTATE FINANCE
1.
What Is “Leverage”? Why Is It Considered a Benefit of
Real Estate Investing? What Are the Downsides to Leveraging a Real
Estate Investment?
The power of “leverage” is one of the
primary reasons why real estate investments can both yield dramatic
profits for some investors and result in disaster for others. Leverage
simply refers to the ability of an investor to purchase an asset
using borrowed funds. If the real estate investment ends up yielding
a rate of return that exceeds the loan interest rate, then the investor
is said to benefit from “positive leverage” because
the investor not only gets a positive return on his downpayment,
but he also makes money on the borrowed funds used for the investment.
That having been said, many investors have learned the hard way
about “negative leverage”, where the cost of borrowed
funds exceeds the yield on the real estate investment.
2.
What Issues Should I Focus On When I Negotiate a Commercial Real
Estate Loan?
Lenders are notoriously inflexible when in comes to negotiating
loan terms at or near the closing. Thus, a borrower should negotiate
all important loan terms early in the process and these terms should
typically be memorialized in a written loan commitment letter.
Below are some issues to consider when negotiating
a loan commitment:
- Interest Rate. This
is the most obvious issue. Some lenders will offer an alternative
between a fixed rate and a variable rate. Often, they will agree
to a variable rate that has a floor (advantageous to the lender),
a ceiling (advantageous to the borrower), or both a floor and
a ceiling.
- Loan Amount. A lender
will typically want to see a substantial cash investment by the
borrower. For income producing properties, lenders typically want
at least a 20% downpayment by the investor (see discussion below
of “loan to value ratio”), although the required downpayment
will vary depending upon the lender, the borrower, and the type
of property involved.
- Term. The most common
loan term for a commercial investment is five (5) years. The most
common exceptions are: (a) construction loans, which typically
have a shorter term in the range of six (6) months to two (2)
years, depending upon the scope of the project; and (b) “permanent
loans” for stable income-producing properties, which typically
exhibit longer loan terms (up to 10, 15 or 20 years). The modern
real estate market now features numerous “hybrid”
loans with various features and options. For example, so-called
“mini-perm” loans may allow a borrower to extend the
term of a construction loan beyond the construction period.
- Amortization. Even
though a loan may only feature a five (5) year term, the regular
payments of principal and interest are typically calculated over
a longer period, resulting in a “balloon” payment
being due at the end of the loan term. Fifteen (15) years is a
common amortization period for commercial loans, although investors
with strong credit or strong banking relationships are sometimes
able to obtain a twenty (20) year amortization, resulting in better
cash flow to the investor.
- Guaranty. Most loans
require a personal guaranty. In certain circumstances, a borrower
is able to negotiate a loan that does not include a personal guaranty
(most commonly associated with “permanent loans” for
stable, income-producing properties). In other circumstances,
a lender may agree to cap the guarantor’s liability at a
certain dollar amount.
- Loan Origination Fees.
A one percent (1%) loan origination fee is common. However, the
amount of the origination fee is very often negotiable. In some
cases, a strong borrower can reduce the origination fee to a “half
point” (0.5%).
- Other Loan Closing Costs.
Some lenders will require that the borrower pay for various due
diligence and legal costs associated with the lender’s review
of the property and preparation of loan documents. The loan commitment
stage is the best time to try and have some of these review costs
waived or capped (e.g. a borrower might persuade a lender that
a new Phase I environmental report is not necessary for a particular
property).
- Collateral. In almost
all real estate loans, the subject real estate is mortgaged to
the lender. However, a lender may also seek additional security
in the form of personal guaranties, letters of credit, pledged
stock, pledged LLC interests, or pledged bank accounts. Again,
this negotiation should be handled at the loan commitment stage.
3. What
Is Meant by the Phrases “Loan To Value Ratio” and “Debt
Coverage Ratio”? How Does a Lender Use These Ratios to Analyze
a Potential Loan?
The two formulas that are most frequently utilized by lenders
to evaluate a potential loan are the “loan to value ratio”
and the “debt coverage ratio”. Often, a lender will
apply both ratios to a particular investment and only lend the maximum
amount that meets their criteria for both formulas.
- Loan-to-Value Ratio. The
“loan to value ratio” is a ratio generated by comparing
the amount borrowed to the value of the property (value being
measured either by the purchase price, the appraised value, or
sometimes the lower of the two):
| Loan-to-Value
Ratio = |
Loan
Amount |
|
| Property
Value |
The most common “loan to value ratio”
requirement for a commercial investment is eighty percent (80%).
For some specialized properties (such as hotels), a lender may
demand a more significant downpayment. However, lenders will sometimes
lend up to 90% or even 100% of an investment’s purchase
price where the loan is deemed highly desirable to the lending
institution. For instance, a physician borrowing money to purchase
an owner occupied medical office building can often obtain 100%
financing of the investment.
- Debt Coverage Ratio.
The “debt coverage ratio” is a ratio generated by
comparing the annual net operating income of the property (gross
income minus all property expenses paid by the property owner)
with the annual debt service (annual payments of principal and
interest) associated with the loan.
| Debt
Coverage Ratio = |
Annual
Net Operating Income |
|
| Annual
Debt Service |
Lenders use this type of analysis to make sure
there is adequate income to meet the borrower’s obligation
to make loan payments. For instance, a required “debt coverage
ratio” of 1.20 means that the bank will not make the loan
unless it becomes satisfied that annual net operating income exceeds
annual debt service by at least a twenty percent (20%) cushion.
This type of ratio is typically applied to loans for income producing
property. It would not be applicable to a land loan, since a parcel
land with no improvements does not typically generate significant
income.
4.
Aside From Financial Ratios, What Are the Other Important Considerations
for Lenders in Evaluating a Commercial Real Estate Loan?
A lender will look at a wide range of other factors in
evaluating a potential loan, including: (a) the credit and net worth
of the borrower and any guarantors; (b) the location and marketability
of the collateral, including neighboring uses; (c) the quality of
the tenants; (d) length of lease terms and the legal rights and
remedies set forth in the written leases; (e) the type of use and
potential vacancy rates associated with that use; (f) the size of
the requested loan; and (g) the age and quality of the improvements
(e.g. Class A office space may be preferred over Class B office
space).
5.
What Are the Primary Methods Used by Professional Appraisers in
Appraising the Value of Commercial Real Estate?
There are three principal methods used for appraising real
estate:
- Sales Comparison Approach. Using
this approach, the appraiser reviews the price paid recently for
similar properties, but makes adjustments for positive and negative
variances between properties. This approach does not work well
when there is only a small number of comparable sales to review.
- Cost Approach. Using
this approach, the appraiser determines a land value and then
separately values the improvements by evaluating the current cost
of reproducing the improvements. Further adjustments are then
made to reflect depreciation in value associated with age, “wear
and tear”, and other factors that may have contributed to
making the improvements more obsolete. This method is useful when
the sales comparison approach cannot be effectively applied because
the property is unique and there are very few comparable sales.
- Income Approach. Using
this approach, the appraiser generates a value by analyzing the
income associated with the property. An appraiser may use a “cap
rate” but may also employ more sophisticated financial analysis
models. This method is most appropriate for income producing property.
It is not unusual for an appraiser to apply each
of the methods above, sometimes resulting in three (3) different
values for a property. The appraiser may then average those values
to arrive at a final value. Alternatively, if the appraiser determines
that one method is more suitable for a particular property, the
appraiser may give greater weight to that method in arriving at
a final value.
6.
What Is a “Non-Recourse” Loan? Under What Circumstances
Will a Lender Consider Making a Non-Recourse Loan?
A “nonrecourse loan”
typically refers to a loan where neither the borrower nor the guarantor
has personal liability for repayment of the loan. Typically, these
loans are only made where the loan is secured by a stable, income-producing
property, such that the lender has a high level of confidence in
the ability of the property to consistently generate positive cash
flow. Even where a lender agrees to make a “non-recourse”
loan, the lender almost always identifies “carve-outs”,
or special situations (e.g. misappropriation of insurance proceeds)
in which the borrower and the guarantor will face personal liability
for repaying the loan.
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