There are major cross currents at work as of this week which will strongly impact real estate values. On the positive side is the major change in FIRPTA which allows foreign pension investors to not bear the tax under FIRPTA. It is so far unclear if the new law applies to other than "pension" investors and includes institutional investors that are similar to a pension. In any event it should open a huge potential source of foreign capital to investing.

The much more critical negative is the announcement that regulators are forcing lenders to be much more conservative in their underwriting of commercial real estate loans. That is going to have very major impact on values. There is no bank that is going to do any more reach deals where the value they are asked to accept for underwriting is well above a more realistic value as has been the case lately. This will make many deals even more economically unviable than they already are. There has been such a run up in values lately, even in secondary markets, that for those of us who try to be disciplined, there is little that makes economic sense any more. There have been many who lately have said they cannot find anything to buy because they cannot make sense of the prices to which some bidders were willing to go. I have lost three major deals in the past few months because we could not understand how anyone justified the prices being bid for properties in which we were attempting to buy. Now the regulators have finally jumped in as well and said pricing makes no sense anymore and it had been driven by ultra low rates and too high loan to cost. If these bidders who were over paying can no longer get the excessive loans at super low cast, then prices will be forced to come back down to more reasonable levels. Otherwise the return on equity for these hyped values cannot be justified no matter what stupid projections the buyers have been making.

There has been a growing number of very smart sophisticated real estate owners who have been quiet sellers over the past several months. Then there is Sam Zell who sold his residential portfolio. The top as been reached in 2015, and 2016 will likely see a topping off and maybe a decline in real estate values as the regulatory pressure forces lower loans and rates creep up as the year progresses. A double hit to values. Add to this the crash in the junk market. Junk prices and commercial real estate values are well correlated over time, and while the junk crash does not signal a crash in real estate, it is one more canary falling over dead. If you can't see all of these trends building into an end to the up cycle, I suggest you look around and pay attention. The big ups are over. It is time to sell. The big returns have been made already and unless you are willing to go well out on the risk curve as we are with major brown field development projects, your future returns from here are very limited.

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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.