CHICAGO—With bank examiners beginning to pay more attention to the details in lenders' risk management policies, similarly it behooves lenders to pay more attention to the risks that can arise in the course of commercial real estate lending. “Commercial real estate lending is a significant line of business in the banking industry,” said Bill Tryon, director of strategic development and principal with Partner Engineering and Science, Inc. “Substantial losses and even bank failures can occur when risks are not well understood and carefully managed.” These risks may be associated with environmental issues, construction challenges, seismic vulnerability or otherwise.

Tryon made this observation as moderator of a Partner webinar, “Under Pressure: Lender Compliance in the New Regulatory Landscape.” The hour-long webinar aired Tuesday afternoon on GlobeSt.com and is now available for on-demand replay through Jan. 6, 2015.

As for the new regulatory landscape, it comes courtesy of the SEC, FDIC and Office of the Comptroller of the Currency, among other sources. “The OCC in particular issued revised guidance last year, which provides an increased level of detail concerning the risks of real estate lending,” said Tyron. “There are differences among the agency requirements, but there are also similarities which provide general principles that I've always used when writing policies.”

In fact, the principles underlying the new regulations have been around since the 1980s: the need for a lender to have an environmental policy; the requirement for the bank's board of directors to approve it; the appointment of an officer to be responsible for the policy; and compliance with that policy. All four still apply.

And while the regulatory agencies expect compliance with their own policies, they don't expect a one-size-fits-all approach. “They recognized that each bank is unique, and provided a framework for managing risk, but they stopped short of requiring a single policy for all lenders,” Tryon said.

Tryon sounded out two veterans of risk management: James King, VP and environmental risk manager with the real estate risk group at Fifth Third Bank; and Dev Strischek, SVP and senior credit policy officer for corporate risk management with SunTrust Banks Inc. The two charted the history, the present and the future of risk management. Strischeck noted, for example, that with regard to construction risk policy, regulators are looking more closely at whether banks are doing what their own policies say they'll do, commenting that “It's all about execution.” He also opined that with an uptick in earthquakes—some supposedly linked to hydraulic fractioning—seismic risk is likely to be on the radar screens of regulators at FDIC and OCC.

And even as risk management policies differ among lenders, the risks themselves differ among loans. “In some ways, you can make the argument that environmental risk is higher on small loans, at least on a relative basis,” said King. Click here to view replays of the webinar, which includes access to a Partner / Globe Street white paper on construction trends and risk management.

Continue Reading for Free

Register and gain access to:

  • Breaking commercial real estate news and analysis, on-site and via our newsletters and custom alerts
  • Educational webcasts, white papers, and ebooks from industry thought leaders
  • Critical coverage of the property casualty insurance and financial advisory markets on our other ALM sites, PropertyCasualty360 and ThinkAdvisor
NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

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.