Is this question too controversial to ask?


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February 28 | Read Online

Our event scheduled for April 3, 2024 at 9am Pacific, A lawyer, an accountant, and a real estate investor walk into a bar: The legal, tax, and ethical implications of losing investor capital is now live for registration and I have a question for you about the agenda for our discussion.

Register for the event here (if you have not already done so).

Question: Is it appropriate to name names or better to just speak in general terms?

Here's what I mean and, by saying this, I make no judgment call at all; strictly just asking the question...

...when you see news articles like this, 'Rise48’s watchlisted debt tops $250M' where investors are presumably facing distribution pauses and capital calls plus the possibility of complete loss, alongside Facebook ads like this, what questions does this beg about the contradictory messaging we are seeing in the syndication industry?

To be clear, Rise48 is not the only company working hard as they face the challenges of today's market conditions and, perhaps, behind the veil everything is humming along as originally planned, but what are best practices for sponsors to right their ships during the current storm, and how should investors at the receiving end of bad news on the one hand, react when they see exuberance in marketing on the other?

That is, in part, the topic I hope to address in our April 3, 2024 at 9am pacific time event.

Please join us by registering here.

I’ve always stayed away from saying what I really think about this topic out of fear there maybe someone I fail to offend so, on April 3, I ask you, should we stay neutral and non-controversial or, like the emperors new clothes, should we be among the few who stand up and ask the tough questions?

Please join the conversation here.

Adam

story of the week

Bad property debt exceeds reserves at largest US banks (Financial Times)

A default shock: After a jump in late payments by commercial real estate borrowers, tanking loans are sapping loss reserves at the biggest U.S. banks. Average reserves at JPMorgan Chase, Bank of America, Wells Fargo, Citigroup, Goldman Sachs and Morgan Stanley have fallen from $1.60 to 90 cents for every dollar of commercial real estate debt on which a borrower is at least 30 days late, according to filings to the Federal Deposit Insurance Corp.

Concerned regulators: Michael Barr, who oversees bank supervision at the Federal Reserve, said regulators are scrutinizing big banks’ CRE portfolios. “There are banks that may have looked fine six months ago, that are going to look not so good next quarter,” one analyst said.

Rising risk: Bank of America said in December that the megabank had identified just $5 billion in commercial property debt tied to collateral whose prices had dropped – a rounding error for a bank with $3.2 trillion in assets. However, the situation is worsening. Banks could lose as much as $60 billion on soured commercial real estate loans in the next five years, according to one estimate.

Another warning sign: The volume of commercial mortgages at least 30 days late on payment has eclipsed total reserves held by the largest U.S. banks last year.

Related stories:

Experts: Commercial Real Estate Exposure Could Lead to Bank Failures (FAU)(2/26/2024)

High interest rates and commercial real estate debt have regional banks in a pressure cooker—and an expiring loan program could turn up the heat (Fortune)(2/25/2024)

Fed watchdog highlights banks’ commercial real estate exposure, Lone Star collects a third of its $6bn fundraising target, real estate secondaries volume falls (PERE)(2/23/2024)

SEC eyes commercial real estate exposure, questions 4 banks (S&P)(2/21/2024)

📰the week's highlights

Low demand for commercial office space fuels economic fears (PBS)(2/24/2024)

In San Francisco, office vacancy is north of 30%.

Commercial real estate problems will stay contained without a recession, Jamie Dimon says (Crain’s)(2/26/2024)

Many property owners can handle the current levels of distress, says the head of JPMorgan Chase & Co.

Related: Jamie Dimon says the US can avoid a commercial real estate crisis if the economy sticks a soft landing (Business Insider)(2/27/2024)

Related: Dimon Says Commercial Real Estate Owners Are Handling Stress (PYMNTS)(2/20/2024)

U.S. Commercial Foreclosures Increase in January 2024 (ATTOM)(2/25/2024)

Commercial foreclosures went from a low of 141 in May 2020 to 635 in January 2024.

CRE vet who advised on $8 billion of deals says 30% of office buildings are ‘basically worth nothing’ and ‘just have to be torn down’ (Fortune)(2/21/2024)

Record-high office vacancy rates are threatening to send major cities into an “urban doom loop.”

Distress soared 440% in a key corner of the commercial real estate debt market in the last year (Business Insider)(2/22/2024)

Commercial mortgages packaged into collateralized loan obligations and sold to investors as bonds saw a distress rate of 8.6% in January, up from 1.4% a year earlier.

Opportunistic Funds Take Aim at Looming Commercial Real Estate Distress (Urban Land Magazine)(2/20/2024)

Big-name managers such as Blackstone, Brookfield Asset Management, Ares, and Starwood are among those that have completed or are actively raising mega-funds targeting opportunistic strategies.

The brutal reality of plunging office values is here (Crain’s)(2/20/2024)

In the past decade of rock-bottom rates, global investors piled into offices and other commercial buildings as a perceived safe alternative to bonds. Now, a reckoning is nigh.

Commercial real estate broker Avison Young restructures after loan default (Crain’s)(2/26/2024)

Hard times hit commercial brokers. They hit Avison Young harder – the brokerage used debt to fund its growth.

Fortress Co-CEO Sees Commercial Real Estate Stress Leading to More Bank Failures (Bloomberg)(2/23/2024)

The executive sees a trillion dollar opportunity emerging in the coming years for investors in troubled assets.

Warehouse, industry, quick-service eats dominate commercial real estate market (MASS Live)(2/24/2024)

Demand outpaces supply of retail and industrial properties in Springfield, Massachusetts.

For investors

Enroll in this free email series to learn the 8 key financial terms you need to know when evaluating a commercial real estate investment during any phase of the economic cycle.


📈Chart of the week

Class C Apartment Rents are Falling Hardest in Oversupplied Markets (Jay Parsons on LinkedIn)

The attention-grabber: In 12 U.S. markets, Class C rents are falling at least 6% year-over-year. The Florida metro areas of Fort Myers, Sarasota and Daytona Beach lead the way, all with rent cuts of 9.7% or more.

The impetus: Too much supply. All 12 of the markets with cheap Class C space have supply expansion rates that tops the national average. By contrast, cities such as Cincinnati and Chicago have experienced little new supply – and their Class C rates rose.

The “filtering” effect in action: Why is Class C space struggling when there’s little new competition in Class C space? Economists call the phenomenon filtering. There are so many new Class A units in those markets that Class A landlords have cut rents to lure some tenants out of Class B space. The Class B landlords then lower their rents to compete. There’s not much below Class C, so it’s hard for those owners to compete in any way other than generous price cuts.

Luxury construction as a fix for the affordability crisis? It never fails: When a developer gets approval for a Class A project, critics say the developer is failing to address the needs of affordability-challenged tenants. In fact, this chart shows that high-end development trickles down to lower rents in Class C properties.

Capital Calls & Rescue Capital


New eBook: A guide to thriving during the coming real estate crash for real estate syndicators and accredited investors.

gowercrowd.com/rescue

▶️ This week's podcast

video preview

Guest: Mark Swedberg, Royal Legal Solutions

Background: This episode, next in our series on the tax benefits and implications of investing in real estate, covers a handful of advanced tax strategies and asset protection for real estate investors with a focus on Private Foundations.

Highlights: Mark likens the services his company provides as being like "fractionalized family office," providing high-level tax and legal strategies not just for the ultra-wealthy but for anyone earning over $150,000.

You’ll learn about the underutilized potential of private foundations, a strategy often misconceived as only for billionaires and how they can offer substantial tax benefits and charitable opportunities.

Why you should watch: Mark also covers how they set up entities for clients to strategically enhance deductions, protect investments from legal threats, and optimize tax efficiency.

We also cover some lesser known and utilized tax strategies like the Augusta Rule, employing short-term rentals for tax advantages, and the concept of paying family members for legitimate business tasks to reduce taxable income.

Not tax advice, none of these shows offers that, but fodder for conversations with your accountant as you plan for the coming year.

Watch or listen to the full episode here.

📰Social mediA, Multi-media, and other news

Andrew Cushman on Must Have Multifamily Amenities in 2024 (LinkedIn)(2/27/2024)


Dave Wald on Smaller Lenders Dominating Most Categories of CRE Lending (LinkedIn)(2/22/2024)

Reid Bennett on the Worst Multifamily Deal Volume in Recent Memory (LinkedIn)(2/26/2024)

Carl Whitaker on the 100% Certainty That Purpose-Built Off Campus Student Housing Rent Growth Will Be Lower Than Last Season (LinkedIn)(2/24/2024)

Crowdfunding tax credits. (Rethink Real Estate. For Good.)(2/27/2024)

Examining the tax code's 'Real Estate Professional Status' with Brandon Hall, Managing Partner/CEO, Hall CPA (Real Estate Reality Show)(2/22/2024)

Crowdfunding $1.3 Million to Start a Real Estate Brokerage (Axiom Alpha)(2/21/2024)


The Risks of Crowdfunded Real Estate Investing (Multifamily Investing Made Simple)(2/20/2024)

Please note that I am not an investment advisor or attorney and do not make investment recommendations of any kind. Please seek advice from your financial advisor, accountant, attorney, and any other professional in assessing the risks associated with any investment opportunity, as every opportunity has risks that could result in a substantial loss.

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The GowerCrowd Newsletter

Real estate markets move in cycles, and understanding history is the key to navigating today’s opportunities. As a seasoned investor with 30+ years in the industry, I take a historically informed, risk-averse approach—where capital preservation is the priority. You'll get market insights and investment strategies tailored to both passive investors and capital raisers, with a particular focus on raising private capital. Occasionally, I also share best practices in digital lead generation on LinkedIn and using AI to optimize lead generation. I also introduce my latest podcast and YouTube series, where you'll hear from capital allocators, unpacking trends, strategies, and the future of real estate capital formation. For those looking to invest smarter, raise capital more effectively, and stay ahead of market shifts, The GowerCrowd Newsletter offers a concise yet detailed perspective on the forces shaping our industry.

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