New York State Court of Appeals ruling against the owners, the $3-billion mortgage on the Peter Cooper Village/Stuyvesant Town apartment complex has gone into technical default. The 11,227-unit complex's owners, a joint venture of Tishman Speyer Properties and BlackRock Realty, said Friday that they had missed January's $16-million payment on the loan, which went into special servicing in November.

Now that the other shoe has dropped, questions abound as to what happens next. The answers may be a long time in coming: as a letter to the complex's tenants from City Council Member Daniel Garodnick—himself a Stuy-Town resident—pointed out, the default triggers "a number of events, most of which are strictly legal in nature." A statement from the Peter Cooper Village/Stuyvesant Town Tenants Association calls the default "the first step in what will likely be a long legal process."

Untangling and restructuring the loan is likely to take months, and there are numerous legal issues pertaining to the court's Oct. 22, 2009 ruling, which found that the complex's owners illegally decontrolled rent-stabilized apartments while also receiving J-51 tax benefits to perform renovations. Moreover, the $3-billion mortgage is only one layer of financing on the complex; there are also $1.4 billion in mezzanine loans as well as about $1 billion in equity invested by the JV and others.

Dan Fasulo, managing director of Real Capital Analytics, tells GlobeSt.com that in the long term, the Stuy-Town mortgage "may go down as one of the biggest commercial property foreclosures of all time," and that there's a possibility that all of the equity and mezz debt holders will be "wiped out." He predicts that the federal government will eventually take control of the loan via Fannie Mae or Freddie Mac and that the loan may get restructured, but "a return to the private market through a foreclosure auction seems unlikely, considering the politics involved."

In a statement issued Friday after the loan default, the JV sought to provide assurances to both tenants at the 56-building complex and to the commercial real estate community. The missed loan payment "has no immediate impact on tenant services or the day-to-day operations of the community," according to the statement. "Tishman Speyer and BlackRock remain committed to serving the community's residents to the best of their ability and in a first-class manner."

The Stuy-Town owners say they've been in discussions with CWCapital, the special servicer acting on behalf of the lenders, and hope "to continue good-faith negotiations toward a potential restructuring of the debt." According to the statement, "The debt for Stuyvesant and Peter Cooper Village is secured exclusively by the property and is not cross-collateralized with any others. It does not impact, nor is it impacted by, any other properties in which Tishman Speyer or BlackRock may be invested."

However, as already reported on GlobeSt.com, the implications go beyond Stuy-Town. Information provider Trepp has noted that a number of CMBS loans were made "with this same business model." In all, there are 28 affected loans representing 21 properties, 17 of which are in New York, according to Trepp. Some, including Stuy-Town, are involved in multiple CMBS issuances.

And there are also multifamily complexes that are affected by the Stuy-Town ruling by virtue of their involvement in the J-51 program. For example, in a report this past Thursday on Bear Stearns Series 2007-PWR17 CMBS, Fitch Ratings noted that half the units at one complex backing the securities, St. Mark's Place Apartments in Manhattan, are rent-stabilized. The Fitch report said the high court ruling "may hamper the ability" of the St. Mark's owners to deregulate more rent-stabilized units.

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Paul Bubny

Paul Bubny is managing editor of Real Estate Forum and GlobeSt.com. He has been reporting on business since 1988 and on commercial real estate since 2007. He is based at ALM Real Estate Media Group's offices in New York City.