Eric Von Berg - Newmark Realty Capital - 595 Market Street, Suite 2550, San Francisco, CA 94105 - for loan quote: evonberg@newmarkrealtycapital.com 415 956 9922

November 25, 2014

2014 San Francisco Bay Area Economic Engine

The Bay Area is firing on all cylinders!

At the end of each year I survey the economic sectors that make up the Bay Area economy. As 2014 draws to a close, I found almost every economic sector in the Bay Area is on an upward trajectory.


Download report
This time last year, we saw a decline in the traditional Silicon Valley tech sectors; Semiconductors, PC’s, Servers, Corporate IT Software and Defense, and layoffs by HP, Lockheed, Cisco and others. The California Employment Development Department (EDD) reported a reduction in the Bay Area job growth rate from 99,000 jobs added in 2012 to just 70,000 new jobs in 2013.
But the decline was happening alongside a boom in the new tech sectors: Social Media, Mobile and the Web.

Actually ... about that New Tech Sector growth 

In March 2014 the EDD announced, “Never mind! We under-counted the Bay Area 2013 net job growth by 67%. There were actually 117,000 new jobs in 2013”.

According to current EDD statistics, for the 12 months ending in September 2014, the Bay Area added 102,600 jobs.  San Francisco and Silicon Valley are adding jobs at impressive 3.7% and 3.5% annual rates respectively.  The East Bay shows a respectable annual rate of job grow at 2%.  This level of growth puts Bay Area total employment above the peak achieved at the height of the dot-com boom in January 2001, and brings the unemployment rate down to 4.2%.

That's an impressive growth according to the official count. But judging by the traffic we see on the freeways and the insatiable demand for housing, I will not be surprised if there is another correction from the California EDD and they say once again... "Oops! We under-counted.”

You can download my detailed report here and as always I welcome your feedback!
2014 Bay Area Economic Engine


November 16, 2014

Name your Loan Servicer… Newmark Realty Capital!

Newmark Realty Capital’s new business model for CMBS 3.0  

We are blazing new trails in the CMBS world at Newmark Realty Capital. While known for our representation of life companies, Newmark Realty Capital can now also take a CMBS deal to market and assure our clients that will take care of them for the life of the loan; through loan placement, loan closing all the way through until that last debt-service payment is made.
Many commercial real estate investors swore off conduit loans after experiencing the rigidity and poor loan servicing of CMBS 1.0.  Investors love getting together and trying to top each other with CMBS loan servicing horror stories.  We often hear from clients that they will never do another conduit loan again.  This prevalent attitude may have been great for Newmark Realty Capital’s life insurance lender/correspondents, but can limit a comprehensive commercial real estate investment strategy, See footnote at end of this article for when a CMBS loan may be the best solution.

Choose Newmark Realty Capital as the Primary Servicer, for the life of your next CMBS loan: 

When you choose Newmark to place your next CMBS loan, you can require in your loan request that the CMBS lenders bid your loan using Newmark Realty Capital as your Primary Servicer. 
By appointing Newmark as the primary servicer, you as the borrower avoid the potluck of CMBS loan servicing. Usually loan servicing contracts for CMBS pools are bid after all the loans close.  The winning bidder for the master servicing contract is often the low cost provider, the firm that can cut costs the most by being thinly staffed with low-wage servicing employees.

We worked to earn the right to service your loan!

S&P Rating:

Newmark obtained an S&P rating as a Primary Servicer.  This took us a while. We needed to build a multi-billion dollar loan servicing portfolio, become Regulation AB compliant, use the right accounting control systems and loan servicing software, restructure our work flow and cash handling procedures, and use SEC recognized auditors to meet the demands of the rating agencies.

Master Servicing Agreements: 

The Primary Servicer Rating allowed Newmark to leverage the $12 billion annual production power of the SAM network (http://samalliance.com/) to establish Primary Servicing Agreements with the five largest master servicers who represent over 90% market share for CMBS servicing: Midland, Key, Berkadia, Wells Fargo and GEMSA. 

Conduit Servicing Agreements:

Newmark arranged agreements individually with eleven of the largest Conduits, covering over 70% market share, who bid their loan servicing to this core group of Master Servicers.  This means that Newmark can still create excellent competition among these eleven conduit lenders to get the best terms for our borrowers.  Yet, we can be the borrower’s primary contact for the loan after it closes. 

What this means for you

As a cashiering primary servicer Newmark conducts the NOI reviews, inspects the property, reviews leases, releases escrowed funds and writes the assumption memo.  As with our life-company servicing accounts, Newmark makes operational decisions throughout the life of the loan, and will give recommendations around major loan events that are decided by the special servicer. We promise to give you good service. Unlike the stereotypical CMBS loan servicer, we value your relationship and we want your next deal. 

We think through issues that might crop up over the life of a loan

Since Newmark, as Primary Loan Servicer, will handle all issues that will come up during the life of the loan; we have an extra incentive to head off problems upfront.  Securitized loans are by design inflexible; REMIC rules require decisions to be made strictly according to the loan documents.  If an event was anticipated in the loan documents, the resolution can be easy.  If not the answer too often is... it's too late now.

The Public Private Partnership world is moving away from design and build, to design, build, operate and maintain  

Users of buildings find they get a better, lower-maintenance building if the developer has to operate and maintain the building for its first 10-20 years.  So too with the mortgage business: Having the firm that originates your loan deal with the loan’s issues for the loan’s life, gives the mortgage banker an incentive to craft the loan documents into a workable form.

Newmark gives personal service   

I recently attended a Brokers’ Symposium put on by Wells Fargo Bank’s CMBS unit.  Wells Fargo is the largest Master Servicer of CMBS loans and one of the best.  They are well aware of the problems in CMBS loan servicing and are encouraging Newmark’s efforts to build a better mousetrap for CMBS 3.0.  Wells Fargo does offer an enhanced level of service to their biggest customers: If you reach $500 million in loan serviced by Wells Fargo, you get a single point of contact and a different phone number. 

Newmark can give you this personalized level of service with your first loan  

If you would like to meet the servicing team who will service your next CMBS loan, come by our San Francisco office.  Feel free to give me a call on 415-956-9922
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Footnote: A CMBS loan can make sense when:

A loan request is big: 
Above $150 million life-company start to club loans.  When multiple lenders need to agree on terms and loan changes unanimously, loans get expensive, inflexible and messy.
High leverage or extended IO is the best solution:  
On a low-risk deal, high leverage or an extended interest-only period can make sense.  Especially for sponsors of investment funds, using CMBS’s aggressive underwriting can cash out the original equity investors, replacing a high rate of preferred-return on equity with a low interest rate on debt.  This can turn a short-term play into a long-term hold. 
Portfolio lenders pass:  
Life companies are most borrowers’ first choice, thus these portfolio lenders can afford to be picky. Many good deals need to turn to CMBS for financing because life companies just are not very interested or not very aggressive.
The borrower wants to lock in today’s low cap rates:  
Even if an investor plans to sell in the medium term, putting on long-term financing now might be a smart hedge.  An assumable loan at today’s historically low rates can lock in a significant portion of the value in case interest rates jump which will cause cap rates to rise.  Locking in a high cash-on-cash return, will preserve a good portion of your property’s value


August 4, 2014

What’s the Value of a Conference Today?

Notes from the 2014 CREFC Conference - As featured in The Registry: The Registry SF
I try to take time to frequently attend commercial real estate conferences and events. Early in my career, in the world before the internet, I looked at these conferences as a way to gather concrete takeaways. I would take furious notes of the overhead slide presentations and grab stacks of industry handouts and market updates. Commercial real estate is an imperfect market; oversized profits can flow to those with the better market knowledge.
When I came back from these conferences without any new take-homes, I reassured myself that the event was valuable anyway simply for the confirmation that I am still on top of my game.
Now as an active market participant with access to the internet and the plethora of industry blogs and publications, takeaways don’t matter. Information is readily available and these facts, tools and buzzwords wash over us all day long. Absent the old concrete takeaways, real estate conferences and events can seem like a waste of time and money.
Here’s my advice on how to get value from commercial real estate conferences and events: Focus on the intangibles. Recognize that you are part of a market, and markets are subject to moods, momentum and mass manias. Go to the conference with the goal of divining these intangibles and take notes to ponder and research afterward.
·       Mood.  Warren Buffet has become wealthy and famous by assessing markets’ moods and betting accordingly. He has shown that the most money can be made in times of a market’s euphoria or a market’s panic. TAKE NOTES: Group the market participants at your conference into classes; lenders, tenants, developers, etc. Write down your opinion of their mood. You might want to keep these notes to compare to your notes from next year’s conference.
·       Momentum.  Where is the herd headed? What are the current fad investments? You may choose to run elsewhere or join the herd. “Me too” investing can make money, if you can control greed and get out before the bulk of the herd. TAKE NOTES: Collect the names of active market participants and note how they are funded (I pay the most attention if they are investing their own vs. OPM—other people’s money), if they seem profitable and the breadth of their competition.
·       Mass Manias.  Divining the collective “groupthink” is something best picked up at actual conferences where you can hear panel interchanges and conversations before and after the sessions. Try to spot anyone saying things like “new paradigm” or other examples of wishful thinking and market blindness. Also  notice if major market players are getting distracted by “fighting the last war”; a common mistake.  TAKE NOTES: Write down the questions that are on the industry’s collective mind. Questions are more important than the answers. Your industry is asking these questions because investors need to assume answers in order to make decisions and place bets. Spot the consensus opinion to these topical questions. But, also try to spot the important questions the industry is trying to ignore.
After the conference, look at your notes, find the cited research to the facts that interested you, and take time to come up with your own best answer to your industries burning questions. Only by having your own take on the burning issues of the time will you avoid falling into the groupthink that hurts many investors.
Here are my notes from the June 2014 Commercial Real Estate Finance Council’s annual conference in New York. CREFC is a CMBS/Wall Street dominated trade group that is making sincere outreaches to the portfolio lending world. (We will see if the wolfs can dwell with the lambs). 
·       Mood.  Cautiously optimistic. CREFC’s world crashed, went to the ICU and is not long off of crutches. Yet, I could spot certain patients positively skipping down the hospital corridor.
·       Momentum.  A liquidity crisis of too little debt capital has turned into a crisis of too much capital. CMBS, banks, insurance companies, private/hedge funds lenders are all crying for deals. 
·       Mass Manias.  The commercial real estate finance industry wants to believe these incredible good times of low rates and increasing property values will last forever, but nagging questions cloud this exuberance. These were:
1.     How long will these artificially low interest rates continue?
2.     Is commercial real estate in an asset bubble?
3.     Why aren’t we seeing inflation as a result of the Central Banks’ massive increase in money supply?
4.     Is CMBS lending any different this time around? Will we make the same mistakes?
I took some time to write down my take to these burning questions:
How long will these artificially low interest rates continue? 
Much longer than we think and much longer than is good for our economy. We watch the Fed as if we live on an isolated island. The Fed’s dropping of interest rates led to a devaluation of the dollar, which in turn stimulated US exports and started a global currency war. Wars always last longer than anyone would like. Over the last few months as the Fed slowed down its QE bond buying, Asian Central Banks increased buying dollars/T-Bills to cheapen their currencies and keep their export advantages. Thus long-term rates stayed low when we all expected them to rise. Central Banks collectively keeping the risk-free rate below real inflation is a hidden tax on investors that has gone on too long. This is an unprecedented experiment, a global distortion of financial markets. When governments distort a free market, the market tends to break and become dependent on government interference. 
Is commercial real estate in an asset-bubble? 
We are not in an asset-bubble; we are in a currency dive. The symptoms are the same but the prognosis will be different. A classic asset bubble is caused by excess investor exuberance directed towards a particular asset class. The bubble bursts when investor capital moves elsewhere. This time around the central banks are competitively printing money by buying bonds to devalue their currencies. The result is across the board inflation of investment values. If you are just watching the values of commercial real estate it feels the same as the last boom. But cap rate-compression 10 years ago was caused by a very high velocity of money. This time around the inflation of investment values is being caused by a very high quantity of money. A flooding river valley may have the same symptom as a rising sea level, but waiting for the sea to recede may be foolish. The sea level has risen.
Why aren’t we seeing inflation as a result of the Central Banks’ massive increase in money supply?  
We do have inflation; the CPI just measures the wrong things. We all know that inflation is too much money chasing too few goods. But we have to recognize there are two kinds of money, investor dollars and consumer dollars. Quantitative easing, QE, by the Central Banks pumped money into the pockets of only the first group—investors. By buying bonds at inflated prices, the Fed keeps interest rates low, raises the value of yield-producing assets and floods the investor word with liquidity. We are seeing huge inflation as the result of too many investor dollars chasing a limited supply of yield-producing investments. The stock market has roughly doubled in value since the crash, so has the value of a San Francisco apartment and Iowa farm land. Consumer dollars come from wages. Do we have a scarcity of workers? Quite the opposite, due to globalization, robotization and virtualization. The CPI largely measures a basket of consumer goods and services. Do we have too many consumer dollars chasing that package of tube socks at Walmart? No, we have too many tube socks chasing that scarce consumer dollar.
Is CMBS lending any different this time around?
Maybe not: But the participants, especially the borrowers, are “once-burned” and not as stupid as last time. At the 2014 CREFC conference there were many market participants placing the current CMBS marketplace on the trajectory of the last cycle. The consensus: We are around the 2004 level of exuberance and underwriting practices. Competitive pressures are lowering underwriting standards and forcing B-Piece buyers to forgo kick-outs in bidding on mortgage pools. Profit margins are thin. There are twice as many conduits as are likely to survive long-term. 
CREFC’s Borrowers-Panel was made up of mega borrowers, Shorenstein, Kushner, SL Green and Morgan Stanley Real Estate. These borrower’s biggest complaint is still CMBS loan servicing. CMBS servicing is sold during securitization after the loans are closed and pooled. Borrowers pick their CMBS originator but must take the servicer who is the lowest bidder for the pool containing their loan. The consensus of the borrowers’ panel was that there is nothing a borrower can do about it. 
This is not true! This time around, some local sub-servicers, working with the largest master servicers, have created a better business model to help solve some of the most important post-closing CMBS servicing problems such as new tenant lease approvals, loan assumptions and reserve releases. Selected companies such as Newmark Realty Capital now have Primary Servicing Agreements with the five primary master servicers who make up over 90 percent of total CMBS Primary Servicing market share. To achieve these agreements, Newmark annually obtains an S&P Primary Servicer Rating by demonstrating its performance and procedures in servicing +$7 billion in commercial loan servicing. CMBS borrowers do not have to be subject to the non-response of the master and special servicers when many of the decisions are delegated to the local primary servicer like Newmark. 

If your deal needs a CMBS execution, Newmark can now take your deal to enough conduits to create true competition, achieve the best rate and terms for your loan and yet retain the primary servicing role before and after securitization. For example, as both the broker and primary servicer of your CMBS loan, if you need a lease approval or loan assumption, you call me, and Newmark’s servicing team will make the recommendation to the Master and/or Special Servicer and push for a resolution of your servicing request in a timely fashion. Yes, most borrowers prefer a life company execution, but if you need a CMBS loan, there are alternatives to the horror stories put forth by the CREFC Borrower’s Panel. 

May 31, 2014

Protesting Google’s buses is insane

It's time for Google to fight back by funding urban housing... in downtown San Jose!

The well-publicized media events where “activists” block and board Google buses in San Francisco’s Mission District set me off.  These events lead to the requisite articles about how high-paid tech-workers are driving out San Francisco’s low-income households and leading to Ellis Act evictions. The headlines scream "evictions up by 170% in 2013 from 2010"… but rarely mention the grand total was just 116.
Why do these protests frost me?  Let me count the ways...
  1. This is not about San Francisco, it is about the Mission!  The Mission District is becoming a desirable place to live.  Desirable neighborhoods become expensive.  If you have limited means you don't generally get to live in the district of your choice.  I would like to live in Pacific Heights, but I cannot afford it.  Activists, how about moving into the Bayview or the Crocker Amazon and make those neighborhoods hip and desirable?
  2. Old time San Franciscan’s already have uniquely strong protections against being priced out!  Unlike most major cities in America that have freely operating real estate markets, San Francisco has (1) Prop 13 to help homeowners avoid rapidly escalating real estate taxes if their homes jump in value, and (2) rent control over the majority of SF’s rental stock.  Yes, renters are accepting buy-outs from landlords, some as high as $40,000 to move, but these are voluntary transactions, entirely at the tenant’s option.  Ellis Act evictions are up from the depths of the economic collapse, but so are the number of sales, rent levels, home values and all other measures of real estate activity.  Ellis Act evictions are still very rare, annually accounting for only 0.05% of the total San Francisco rental stock. Also, these Ellis Act units do not disappear:  They are housing for the owner’s relatives or converted to TIC ownership, which is the entry housing option for many renters trying to move into home ownership.  
  3. Who are these “activists” anyway?Although the news stories are about long-time San Francisco residents of limited means; the angry protesters are not long-term residents.  They are generally young hipsters who are the same age as the tech workers.  These young people want to live in hip neighborhoods for the same reasons.  The difference, they studied the wrong subjects in college and are now part-time activist baristas.   Activists having special sway with the media is a San Francisco phenomenon; “I hold no public position or office. But my voice counts more than your average voter! Why? Because I am an angry zealot.”  

Yet the Google bus controversy highlights an important issue

The Bay Area’s largely car-centric suburban housing stock does not meet the needs and desires of its influx of millennial in-migrants.  The Bay Area needs a genuine urban alternative to San Francisco.  Downtown San Jose is on the cusp of meeting this need.

Downtown San Jose is at the inflection point of becoming a hip and vibrant place.  See this excellent recent report by SPUR about the emergence of Downtown San Jose:  .

Jerry Brown killed the skimming of tax increment by redevelopment districts.  San Jose was one of the most aggressive skimmers, creating massive, interlocking redevelopment districts that allowed it to use the tax increment from all of the business development in North San Jose’s Golden Triangle to fund projects downtown.  The redevelopment punchbowl was taken away but not before the City spent over $2 billion dollars in redevelopment funds in Downtown San Jose on transit projects, museums, parking, an arena, convention center, parks and street beautification.  Downtown San Jose is safe, clean and beautiful but it is a ghost town after 6 PM.  The 200+ restaurants and bars downtown struggle when it is not Sharks Hockey night.

Without the redevelopment slush fund, San Jose’s city planners are being forced to do what makes sense; incentivize the free-market to bring in high-rise housing to populate its downtown.  A few thousand young, well paid tech-workers living, eating and hanging out downtown will change everything.  Yet the City should not allow a bunch of low-rise, stick-built apartment houses to spring up downtown.  Transit oriented development makes sense only if it is dense: San Jose should demand minimum height limits downtown and continue its current economic incentives for high-rise residential developments.

The Cash-Rich Employers of Silicon Valley should fund high-rise rental projects.  High-rise construction requires developers to meet Type-1 fire safety codes.  This means buildings that don’t burn made of concrete and steel.  Type-1 is expensive construction in earthquake country.  Until very recently the only residential buildings that could afford this type of construction in Downtown San Jose were luxury condos (And, most of these projects still when back to the banks).   Apartment rents in San Francisco are now high enough for Type-1 construction, but San Jose’s rents are not quite there.  So the City of San Jose gave some temporary breaks on development fees for high-rise residential and temporarily suspended inclusionary housing requirements.  As a result two apartment towers are under construction in Downtown San Jose.

But, these City incentives will expire at the end of 2014.  Likewise banks are starting to lose their fear of funding condo projects.  Condo developers historically outbid apartment developers for land.   Luxury condos miss the mark, Silicon Valley’s young newly hired tech workers seek apartments to rent.

Google, Apple and the other cash-rich Silicon Valley employers should create venture funds to back high-rise, transit-oriented apartment projects.  These would not be corporate housing projects. These apartments would be market-rate, open to any renter.  If a developer can propose a project that can achieve an initial unleveraged return equal or higher than a current cap rate, say 4.5%, these tech giants should fund the equity for that project.  These tech companies would show they are helping solve the area’s housing problems.  They will earn 4.5%+ on their excess cash, far better than they are earning today.  And they will not lose money.  They can sell the projects or their positions upon completion to restock their transit-oriented housing incentive fund and likely make a tidy profit.

Google forget San Francisco!  Go to the genuine urban alternative that will accept your tech workers with open arms, downtown San Jose!