With apologies to George Dangerfield, who published The Strange Death of Liberal England in 1935 chronicling the collapse of the British Liberal Party prior to World War I, I’m borrowing his title for this commentary.  Okay, bear with me.  Regrettably, we may be witnessing something happening to our banking system which is somewhat reminiscent of the death throes of one of England’s great political parties. The Liberal Party expired in the years leading up to the Great War not because of some single momentous and metamorphic event, but because of a series of modest crises, each in its own right small bore which, at the time, was not viewed as terribly consequential.  It failed because of the stultifying, dismal and confused responses of the Liberals to these events.  In the end, the party became untenable as a party of government.  Let’s hope no one writes that book about our banking system in the years to come.

Our enormously complex, interdependent, vibrant, entrepreneurial, adaptive, world girding and dynamic U.S. banking system has played a seminal and still critical role in making this economy succeed.  It is now under assault by large segments of our political elites and their attendant and enabling (self-identified) intelligencia.  This fraternity inspired by the twin idee fixe that the Great Recession was caused by the failures and failing, economic, structural and ethical of our banking system and a fabulist conviction that banking can be “fixed.”  This is a chimerical crusade to overturn the business cycle.  Fruitless and dangerous.Continue Reading The Strange Death of the Modern Financial System

We thought it would be useful to give a quick, interim update on the slow-motion train wreck that is our industry’s response to the upcoming effectiveness of the Risk Retention Rule.  For those of you who have been blessedly snoozing under a rock these past couple of years, the Risk Retention Rule becomes effective on Christmas Eve and applies to all transactions closed (priced?) after that date.  The Rule, to generalize a bit, requires the sponsor of a securitization to retain a 5% vertical or horizontal strip with the additional possibility of laying off some or all of that risk onto a qualified B piece buyer or a mortgage loan originator.  For more detail, please see our OnPoints, our risk retention briefing white papers and many, many back issues of this CrunchedCredit.

Here’s the headline in Muddville in May of 2017:

We As An Industry Are In Trouble. 

We as an industry don’t have a scalable solution to the problem.  We as an industry do not know what this will cost, who will pay for it, and to what extent this is an existential risk to CRE capital formation as it has been conducted for the past twenty-five years.Continue Reading Risk Retention: It’s the Fourth Quarter and the Home Team is Getting Glum

Earlier this month CREFC held its “Commercial Real Estate Finance Summit – West” in Santa Monica, CA, which – while not nearly as large as the annual conference in New York – was still very well attended (roughly 175 attendees, an increase over last year).

Given the sentiment earlier this year in Miami, the fluctuation in spreads over the past couple quarters, and the (now undeniably) slow start to 2016 for many in the industry, the two topics du jour for the Summit should come as no surprise: risk retention and the state of the market.
Continue Reading CREFC Commercial Real Estate Finance Summit (West) 2016

More than two years after the first single-family rental securitization, the single-family rental market continues to evolve and grow. The rise of single-family rentals reflects both a demographic shift among the American population and a reactionary change in consumer habits resulting from the financial crises. According to U.S. Census Bureau, the percentage of Americans that own homes has decreased from almost 70% in 2004, to 63.6% in the first quarter of 2016, the lowest percentage in over 25 years. Over 13% of Americans rent single-family homes – a 4% increase from before the crises, accounting for approximately 36% of all rental homes. The decline in homeownership and the increase in the percentage of Americans that rent single-family homes reflects several key demographic and economic changes:
Continue Reading A Contrarian View on the Single-Family Rental Market

Over the past few years, the ABS Vegas conference has been the place for industry participants to congratulate each other on a job well done (most recently on a record-setting 2015 for CLO primary issuance), meet-and-greet with clients and generally unwind, making sure to sprinkle a few “important” meetings across the three-day span.  However, following a January and February where CLO primary issuance was down well over 50% year-over-year with little sign of an upturn before the conference, most of us went into ABS Vegas 2016 with uneasy feelings.
Continue Reading Observations from ABS Vegas: The CLO Perspective

Last week, the House Committee on Financial Services reported out the Preserving Access to CRE Capital Act of 2016 (the “bill”) in a remarkably bipartisan sort of way (paving the way for: “Well, yes, I did vote for it, but then I voted against it.”).  The bill, which was drafted and backed by CREFC, would exempt certain single asset/single borrower securitizations from the risk retention requirements, would allow the B-piece buyer to acquire the risk retention piece in a senior/subordinate capital structure and loosen the criteria for a qualified commercial real estate loan to make it more useful for CMBS players endeavoring to meet the risk retention requirements of Dodd-Frank.  See Dechert’s OnPoint for a more detailed description of the bill.
Continue Reading Flash: Congress Fixes the CMBS Risk Retention Problem (Just Kidding)

That whole alternate universe thing, the conceit of so many sci-fi novels, is clearly not merely the product of fevered minds.  It’s real.  Or, at least it seemed awfully real after having been at the CREFC meeting in Miami and the MBA/CREF meeting in Orlando during the past month.
Continue Reading CREFC and MBA/CREF: A Hitchhiker’s Guide to Alternate Universes

globe - 01-16As we do each year at Crunched Credit, we take the end of a calendar year as an opportunity to stop and reflect on where we are, and what the next year might hold. Recognizing the certainty that a successful prediction is more a random event – a blind cat finding a dead mouse, than a product of wisdom and analytic prowess, it remains an important exercise.  It bears repeating that refusing to take a view is actually to make a choice, and a pretty silly one at that.  So as we at Dechert churn through our budgeting and planning process for 2016, we will make some assumptions about the economic environment and adjust our planning accordingly.  Let’s agree, we are going to be wrong about a lot of stuff – maybe everything – but that fact doesn’t excuse the critical need for having a macro view.
Continue Reading If Interesting and Prosperous is a Choice, I’ll Take Door Number Two: Perspectives on 2016

In an uninteresting turn of events last week, Congress has passed the Omnibus Bill, which contained a provision extending the EB-5 program until September 30, 2016, with no other changes to the program. As previously discussed, the last couple of months have been filled with substantial discussions and the introduction of potential legislation aimed at reforming the program, but at the end of the day, Congress has decided to “kick the can down the road” for another couple of months.
Continue Reading With Its End in Sight, EB-5 Survives!

capitalEarlier this year we discussed the uncertain future of the EB-5 Visa Program, one of the most successful inbound investment programs of recent years, as evidenced by the $5.2 billion dollars the program has generated in the past ten years alone. Although the EB-5 Visa Program was set to expire on September 30, 2015, Congress approved a temporary extension that allowed the program to continue through December 11, 2015. But notwithstanding the growing popularity and success of the program and the enthusiasm about it from US domestic developers and property owners, it has always engendered some concerns and criticism.  And so, here in early December, its future hangs in the balance. Supporters say the program should be renewed because it generates employment opportunities and funds domestic businesses that rely on these types of investments, but critics claim the program is poorly regulated and tainted by fraud and a certain odor of unseemliness. With the potential expiration of the program set to occur later this week, it is uncertain whether the program will lapse, become permanent, be temporarily extended “as is”, or extended with significant reformations.
Continue Reading The Death of EB-5 Has Been Greatly Exaggerated