Banking Misconduct Blog


Is Your Bank Unsafe? (Lender Liability Post)

Between 1990 and today, some 8500 banks have disappeared. (Since the banking crisis in 2008, 525 banks have closed by regulators according to problembanklist.com) In most instances, FDIC insurance will protect deposits. The real harm often comes to commercial borrowers.
 
Danger...

Retail Sees High CMBS Default Rates

Mortgage Daily reported this week that the rate of late payments on securitized commercial mortgage backed securities (CMBS) funded loans rose yet again. The record number of balloon payments coming do this year means defaults will likely continue throughout the year. In fact, the fear of a major...

CMBS for Novice Investors

Understanding Commercial Mortgage Backed Securities (CMBS) can be a daunting task for the novice investor. As lender liability lawyers, we grapple with complex loan arrangements daily. We understand the jargon, the many different players in a CMBS transaction and how all the pieces fit together....

CMBS Delinquencies Increase – What Can Borrowers Do?

January 2017 was another bad month for CMBS delinquencies. The percentage of loans financed with commercial mortgage backed securities that are now considered delinquent once again creeped over 3.00%. According to the trade publication Mortgage Daily, the long term outlook is even...

CMBS News Getting Worse

Trepp, LLC, the leading source of analytics to the Commercial Mortgage Backed Securities (CMBS) industry, issued a press release this week and the news isn’t good. According to the company, the US CMBS delinquency rate soared to new highs.
 
We have long warned TIC groups and...

Brace for More CMBS Loan Defaults

We have written many articles on this blog highlighting the myriad of problems facing borrowers with projects financed by Commercial Mortgage Backed Securities (CMBS) loans. Most of these loans were written in 2006 and 2007 and carried a 10 year loan term. That means they are coming due now or in...

TIC Groups Beware – Is Your Manager a Wolf in Sheep’s Clothing?

TIC investors don’t get much sleep these days. The recent conviction of Carlton Cabot may have put one of the most notorious TIC promoters behind bars but there is still a tremendous amount of bad behavior involving tenant in common financed real estate projects. In this post, we will discuss...

Another CMBS Investor Deal Heads to Special Servicer LNR Partners

Back in 2006, investing in the Little Rock Regions Bank Building sounded like a great deal. That year, the real estate market nationwide was quite hot. Few knew that within two years, the bubble would burst. In September of that year, a company called NNN 400 Capitol Center and several dozen...

More Bad News for CMBS Real Estate Investors

The real estate industry is quite cyclical. Unfortunately, many investors who participated in the last round of shopping center construction are finding themselves in trouble. Worse, many are in deep trouble but don’t even know it. While institutional investors may be better prepared to...

Tick Tock... CMBS Crisis Looms (Lender Liability Post)

Rating agencies are sounding the alarm over the looming problems facing maturing CMBS loans. A large percentage of commercial mortgage backed securities (CMBS) financed loans were underwritten in 2006 and 2007 at the height of the real estate market. Those loans are coming due just as the...