For the past four years there has been a very active demand for advisors and lawyers and other professionals who could assist borrowers with working out problem loans with servicers. Many believed there would be a major increase in distressed loans and assets coming to market by this time. It is essentially over. Many of my friends who have made a nice living from such advisory work are telling me that there are few new assignments. It appears that now, almost five years after things began to disintegrate, that the really bad situations are worked through, either through a bankruptcy, foreclosure, or other solution such as deed in lieu.

Many other distressed loans have been modified, paid off, refinanced at new rates of 4.75% or 5.25% which makes the asset cash positive, or there was simply had a rescue capital partner who purchased the loan and worked it out. This is not to say there are no more distressed loans. There are tens of billions of dollars of them over the next two years. The difference is, with the economy stabilized and creeping to better, some assets now cash flow, like hotels and multi-family. Rents for office and retail are at least stabilizing, and in some markets they are rising. That leaves the distressed pool consisting of a lot of poorly managed assets, and there is the main opportunity for investors and operators. Servicers do not want to lose the fee steam they have been enjoying, and so often they are choosing not to foreclose or sue any longer. Owners who may hold a distressed asset, especially hotels, office or retail, are choosing, in some cases, to sell the asset to a more qualified manager/owner at a discount since they know they cannot put in the required capital improvements or they are really not in that segment of the real estate business. This is the main opportunity going forward. Either the asset needs major capital investment, or it is just mismanaged. Usually it needs millions of capital investment to make it meet brand standards, or to be a competitive retail or office asset.

You need to get out to the secondary cities to find these situations. The six prime markets have already been pretty well picked over and are seeing rising values and rents or revpar. Cap rates are now too low to justify many acquisitions. Go troll the Midwest and west. These are good cities in many cases and very good assets which simply need capital infused are out there to acquire if you look hard.

There is an argument of some merit as to who is the exit buyer. In many cases it is local or regional players who have money you are not aware of, or who can put together a friends and family pool of capital for a good cash flowing asset that has been renovated and is much more competitive now. Yield is what many investors seek and if you can clean up a problem asset and make it generate a solid yield of 6% or better, then there is likely a market for that asset. If it can generate 8%plus, there is definitely a market. Current cash yield that is relatively lower risk than say the stock or bond market, is in demand.

If you are a workout advisor I strongly suggest you quickly reinvent yourself as that business is drying up rapidly. If there is another serious downturn in the economy, as I believe is definitely possible, then maybe workouts will be back, but with rates so low and debt [plentiful now, it is a whole new playing field.

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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.