While $2 billion is a real number, in the relative scheme of things at JP Morgan, it is not huge. At one point in the past couple of years their loan reserve was supposedly $32 billion. All the talk of too much risk ignores the fact that banks are in the risk business every day. They make loans and each loan is a risk they accept based on what they hope is good analysis. As we saw over the past few years, sometimes that analysis is wrong and they suffer a loss. Any lender who has no losses is so conservative that they are not fulfilling their role in the financial world. That does not mean they should be sloppy as happened in the early part of the decade, but lenders do not control events nor do they sit on boards and control what decisions CEO’s make. Losses happen. Clearly there was a major set of errors made by the trading desk in the CIO office, and heads have rolled, but it is not that damaging financially to the bank. The real issue is political damage to all lenders and reputational damage. If you wrote a novel about this you could not have come up with so bad a fictional scenario of having Dodd Frank coming to a head now, political turmoil due to the election, media bias and White House bias against banks, and anti Wall St rhetoric. Over regulation will put US lenders on the defensive and at a competitive disadvantage again.

So what does this all mean for real estate. Nothing good. The politics and media attacks have already started even though none of those people have the facts yet, nor will they come even close to understand the trade positions when they do have the facts. This will lead to extra regulation as Senator Levin pushes his personal agenda of attacking the banks and ramping up the rules to a point that lending is further restricted. Risk will be off the table. That does not help you get a construction loan. It does not let you go to 75% leverage instead of 65%. It means the potential for more difficulty doing a restructuring. In short, the real problem at JP Morgan is the financial industry blowback, and that is never good for real estate. Risk off will be the mantra for quite awhile. That will not only inhibit development, but it will inhibit acquisitions, and a material increase in values, especially in secondary markets.

Add to all of this the chaos in Greece and the election in France, and fear is once again taking hold. Just look at the ten year. Down to record lows. The ten year is as good a proxy for the fear meter as anything. When uncertainty and fear are the order of the day, the yield on the ten year goes down. It is off substantially from where it was a short time ago. That tells you better than any other metric that risk is off once again and may stay off for a long time. Just to enforce the fear factor is the pending fiscal cliff at year end and I believe we will now see a new slowdown in the economy and employment and, in the willingness to pay up for assets. Uncertainty is never a benefactor of investment.

This weekend I was at an event where some very expert people discussed various topics in a totally non partisan panel. One of the subjects was e retailing as it related to publishing. It was concluded that very soon 50% of all books will be sold digitally and Amazon is under pricing so that they can demolish the competition. If you go to Barnes& Noble and find a book, and then pull out your smart phone and order form Amazon instead of buying it at Barnes & Noble, you get the book at a discount. The publishing industry is paralyzed because this is happening so fast they have no idea what to do to counter it. Big book stores are toast. Look at other big boxes like Best Buy and others where the same thing is happening. Digital shopping has hit the inflection point and is moving so fast that retailers and shopping center owners are not going to be able to react fast enough. Continuing to deny the trend and saying we heard it all before about online shopping is just putting your head in the sand. If you are in retail ownership, you need to act and act fast. Once strong retailers could be gone sooner than you realize, and the others will be reducing space needs. No retailer is immune any longer, so no shopping center owner is immune. At one time we all thought Arthur Anderson was AAA and a great tenant. Same for Dewey LeBouf. You just never know anymore and given the speed of the shift in digital transactions, you need to act now to get prepared. The inflection point is in the rear view mirror now.

It appears in talking to friends in various industries from all across the country, that everyone is so uncertain about what is going on in the world, that there is once again a pull back from doing too many deals and taking of risk. It is not that nothing is happening, but there is definitely a fear factor once again, and no confidence at all in anyone in Washington. Nobody knows what is going to happen in Europe, Iran, Syria, the election here, or the year end fiscal cliff, so doing nothing is becoming the better strategy for many. Wait and see is becoming the safer thing to do. I believe the rest of this year and at least the first half of 2013 will be more of the same until various major events around the world and in Washington actually happen, and we all know if it is Ok or horrible or a mix.

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Joel Ross

Joel Ross began his career in Wall St as an investment banker in 1965, handling corporate advisory matters for a variety of clients. During the seventies he was CEO of North American operations for a UK based conglomerate, and sat on the parent company board. In 1981, he began his own firm handling leveraged buyouts, investment banking and real estate financing. In 1984 Ross began providing investment banking services and arranging financing for real estate transactions with his own firm, Ross Properties, Inc. In 1993 Ross and a partner, Lexington Mortgage, created the first Wall St hotel CMBS program in conjunction with Nomura. They went on to develop a similar CMBS program for another major Wall St investment bank and for five leading hotel companies. Lexington, in partnership with Mr. Ross established a hotel mortgage bank table funded by an investment bank, and making all CMBS hotel loans on their behalf. In 1999 he formed Citadel Realty Advisors as a successor to Ross Properties Corp., focusing on real estate investment banking in the US, UK and Paris. He has closed over $3.0 billion of financings for office, hotel, retail, land and multifamily projects. Ross is also a founder of Market Street Investors, a brownfield land development company, and has been involved in the acquisition of notes on defaulted loans and various REO assets in conjunction with several major investors. Ross was an adjunct professor in the graduate program at the NYU Hotel School. He is a member of Urban Land Institute and was a member of the leadership of his ULI council. In 1999, he conceived and co-authored with PricewaterhouseCoopers, the Hotel Mortgage Performance Report, a major study of hotel mortgage default rates.