REPS. CALVERT AND KANJORSKI LEAD CONGRESSIONAL EFFORT URGING FEDERAL
REGULATORS
TO ADDRESS GROWING COMMERCIAL REAL ESTATE MARKET CONCERNS
WASHINGTON, D.C. February 1, 2010 Today, Rep. Ken Calvert (R-CA) and Rep.
Paul E. Kanjorski (D-PA), Chairman of the House Financial Services
Subcommittee on Capital Markets, Insurance, and Government Sponsored
Enterprises, along with 77 of their House colleagues, sent a bipartisan
letter to
Treasury Secretary Timothy Geithner and Federal Reserve Chairman Ben
Bernanke about the growing concerns that deteriorating conditions in the
commercial real estate (CRE) market may threaten an economic recovery.
³I am deeply concerned about the health of our commercial real estate market
and the stability of thousands of small businesses across the country,² said
Rep. Calvert. ³We must take the appropriate steps to ensure that our
commercial real estate market does not experience a liquidity crisis that
would further exacerbate our struggling economic situation.²
³The growing bubble in the commercial real estate industry has the potential
to infect our economy and slow a recovery,² said Chairman Kanjorski. ³In
order to safeguard the businesses operating on Main Street and protect the
millions of jobs depending on commercial real estate, the Treasury and the
Federal Reserve now must take needed and urgent action to stave off a
potentially devastating wave of commercial real estate foreclosures and bank
losses.²
“A liquidity crisis in the commercial real estate market is hurting small
business owners across the entire nation,² said National Association of
REALTORS President Vicki Cox Golder, owner of the commercial real estate
company Cox & Associates in Tucson, Arizona. ³I join with all commercial
property owners who applaud the efforts of Reps. Calvert and Kanjorski to
resolve this problem and put small business owners back in business.”
Specifically, the letter asks regulators to take the following steps:
· Establish a clear method for measuring and evaluating the
effectiveness of recent CRE loan modification guidance issued by the
regulators.
· Institute metrics to more clearly differentiate performing
versus non-performing loans as well as any other steps that provide lending
institutions with more confidence in assessing CRE loans.
· Make clear public statements encouraging lenders to continue
to make credit available for performing assets as a means of restoring
confidence and long-term value in the CRE market.
The $6.7 trillion CRE sector supports 9 million American jobs. If the
conditions in the CRE market deteriorate further the negative effects will
be significant and widespread, rippling not only through the CRE sector but
also the broader economy. More than $1.4 trillion in commercial mortgages
will come due by 2013, and as much as 65% of those deals will have trouble
getting refinanced according to recent analysis conducted by Deutsche Bank.
While the Federal Reserve and Treasury Department have acknowledged the
ongoing CRE challenges, their actions have so far failed to ease growing
concerns among economists and market participants.
The text of Congressmen Calvert and Kanjorski¹s letter which is signed by an
additional 77 Members of Congress to Secretary Geithner and Chairman
Bernanke follows:
Dear Secretary Geithner and Chairman Bernanke:
As you know, the financial crisis continues to have a dampening effect
throughout the credit markets. The commercial real estate (CRE) market, in
particular, continues to experience difficult credit accessibility
conditions. Moreover, the scarcity of credit in the $6.7 trillion CRE
sector poses a
dangerous threat to our financial system just as our economy has begun to
show signs of recovery.
Earlier this month real estate data provider Trepp announced that the
delinquency rate for loans underlying commercial mortgage-backed securities
(CMBS) ballooned 500 percent in 2009, surpassing 6 percent in December for
the first time. Additionally, the CMBS market has all but shut down over
the
past year making it more difficult for CRE owners to sell or refinance.
We appreciate the acknowledgement by federal regulators of this situation in
October, when the Board of Governors of the Federal Reserve System, along
with the Federal Deposit Insurance Corporation, the Office of the
Comptroller of the Currency, the National Credit Union Administration, and
the
Office of Thrift Supervision, issued a policy statement advising financial
institutions to extend and/or restructure loans backed by income-producing
and/or development properties whenever possible in order to minimize losses
as well as to stabilize overall asset values in the communities they
serve.
While the regulatory guidance is a relatively recent occurrence, we remain
concerned by early indications that it may not yet be having the desired
impact in stabilizing the CRE market. While some properties are in desperate
need of modification due to the economic downturn, we are not convinced
these loans are being serviced properly or in an efficient manner. Of even
more concern, anecdotal evidence suggests that regulators continue to
encourage lenders to write down the value of performing loans, whose
payments may well be current and, in some instance, even call the loan.
This further
exacerbates the crisis by creating defaults in properties that were able to
meet their debt servicing.
To ensure the recent CRE loan modification guidance will have a positive and
stabilizing effect, and to protect the broader economy from further
disruptions, we urge you to establish a clear method for measuring and
evaluating its effectiveness. Furthermore, we encourage you to institute
metrics to
more clearly differentiate performing versus non-performing loans as well as
any other steps that provide lending institutions with more confidence in
assessing CRE loans. We also call upon you to make clear public statements
encouraging lenders to continue to make credit available for performing
assets as a means of restoring confidence and long-term value in the CRE
market.
In sum, we strongly believe that regulators must take continued steps to
mitigate ongoing turmoil in the CRE sector before it becomes a full-fledged
crisis, forestalls our economic recovery, and possibly requires additional
taxpayer-funded capital injections. Consistent with all applicable law and
regulation, thank you for the consideration of our views and your attention
to these matters.
A copy of the letter with signatures is attached.
###
(See attached file: Commercial Real Estate Letter.pdf)
————————–
Ken Wingert
Legislative Representative
National Association of REALTORS
500 New Jersey Ave, NW
Washington, DC 20001