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Do Commercial Property Owners Get a Free Pass?

By
Managing Real Estate Broker with Keller Williams Realty BRE 01866548

Home declining in Value

The August 25th edition of the Wall Street Journal Digital Network contained an article entitled Commercial Property Owners Choose to Default.

The article reported that several large commercial property owners with high-profile names such as Macerich Co., Vornado Realty Trust and Simon Property Group Inc. have recently stopped making mortgage payments to put pressure on lenders to restructure debts. In many cases they have walked away, sending keys to properties whose values had fallen far below the mortgage amounts, a process known as "jingle mail." These companies all have piles of cash to make the payments. They are simply opting to default because they believe it makes good business sense.

The article further reports that analyists and investors are cheering on these property owners for making pragmatic decisions to walk away from commercial mortgages. Indeed, Deutsche Bank AG's RREEF, which manages $56 billion in real-estate investments, now favors companies that jettison cash-draining properties with nonrecourse debt.

However, residential property owners who make the same pragmatic decisions to walk away from homes that are valued far less than the underlying debt attached to them aren’t getting the same pats on the back that commercial property owners seem to get. Banking-industry officials and others have argued that homeowners have a moral obligation to pay their debts even when it seems to make good business sense to default. Individuals who walk away from their homes also face blemishes to their credit ratings and, in some states, creditors can sue them for the losses they suffer.

Wait a minute..isn’t the concept the same? The corporation and the individual made the same promise to pay, right? And isn’t the analysis regarding the wisdom of continuing to service the debt for a lousy investment the same?

So, why the hue and cry that the individual homeowner has a “moral obligation” to pay while the corporate property owner gets a free pass?? Really, what’s the difference?

What do you think?

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Todd & Devona Garrigus
Garrigus Real Estate - Beaumont, CA
Broker / REALTORS®

Yes the concept is the same, and the "big boys" should pay the same price as an every day homeowner! Great post and thanks for the info.

Aug 26, 2010 05:30 PM
Karen Anne Stone
New Home Hunters of Fort Worth and Tarrant County - Fort Worth, TX
Fort Worth Real Estate

I can understand a commercial company stopping payments for a while... to make negotiating with the lender for a better rate scenario, but having them do a strategic default... well... if I were that lender... I would make SURE they never got any more loans... period.  When a commercial owner strategically defaults, sooner or later, it costs us ALL money... and I do not like paying their bills.

Aug 26, 2010 05:33 PM
Steve Davis
Davis Coastal Properties - Carlsbad, CA
Carlsbad CA

Yes they should be treated the same. The banks made a deal with the borrower. You make the payments and you can live in the house or rent it out. You quit making the payments and we will take the house back. Simple deal. What's everyone upset about?

Aug 26, 2010 05:39 PM
Steve, Joel & Steve A. Chain
Chain Real Estate Investments & Mortgage, Steve & Joel Chain - Cottonwood, CA

Michael, That's interesting reading. Deutsche Bank has sure had their share of REO'S in CA.

Steve

Aug 26, 2010 05:45 PM
Michael Sebastian Group
Keller Williams Realty - Orange, CA
PROFESSIONAL SERVICE, EXCEPTIONAL RESULTS

Thanks for the comments.  Everyday I see more evidence of corporate rules differing from individual rules.  I'm still smarting over the bailouts for Goldman Sachs, AIG and the banks.  I have many clients who have (or had) small businesses, some for more than 20 years..and none of their officers or directors ever made what the fat cats on Wall St made and still make.  Yet, the small businessman has to suck it up while the cozy relationship between many of the financial institutions and Washington gets cozier.

Now, when my small business client who has managed to save a few bones for retirement (because he doesn't have a CALPERS state pension, a union contract or a golden parachute) asks me whether he should tap his retirement funds to continue paying for his home or consider walking away and cutting his losses, what do I advise him?  To do the honorable thing and continue to drain his retirement or be more like a successful corporation and make a smart business decision??

Aug 27, 2010 03:54 AM