CRE.jpgIt is almost a foregone conclusion that the CMBS market is headed for some real pain over the next couple of years. The problem is so glaring that even the Treasury is aware of it and looking for ways to avoid a complete meltdown. A major issue confronting the market is the reluctance of CMBS servicers to even talk to investors or property owners before the underlying loans become delinquent due to tax considerations.

When CMBS offerings are created, the underlying mortgages are legally held by tax-free trusts. The trusts can be forced to pay taxes if the underlying loans are modified before they become delinquent, according to current CMBS rules.

The solution seems pretty clear- allow for loan modification while avoiding any negative tax consequences. But time is ticking and the Treasury’s record of avoiding major market meltdowns is disconcerting at best. Your move Timmy.
Relief for Commercial Real-Estate Debt? It Seems Possible [WSJ]

Comments (26)

  1. Posted by guest | June 10, 2009 at 4:38 PM

    “I see green shoots.”
    -Steve Liesman

  2. Posted by guest | June 10, 2009 at 4:58 PM

    What’s the rationale for a taxable event at loan modification?

  3. Posted by guest | June 10, 2009 at 4:58 PM

    where is EP?

  4. Posted by guest | June 10, 2009 at 5:06 PM

    @3- posting right wing conspiracy theories and DJing horrific music at ZH.

  5. Posted by guest | June 10, 2009 at 5:27 PM

    Greg, we don’t advocate government meddling at DB. How did you get hired again?

  6. Posted by guest | June 10, 2009 at 5:45 PM

    Servicers can already do this, in general.

  7. Posted by guest | June 10, 2009 at 5:50 PM

    who hired this fucking guy?!?

  8. Posted by guest | June 10, 2009 at 5:51 PM

    Modify the dammed loans if that’s what prevents a foreclosure, but let the trusts start paying taxes for a change. We have a major deficit and we can use the revenue by eliminating more stupid loopholes.
    No more bailouts!

  9. Posted by guest | June 10, 2009 at 6:02 PM

    The rationale is that the trusts are not taxable only because they are passive holders of the mortgages which pass through all the funds they receive pursuant to the specific terms of a pooling and servicing agreement, rather than exercising any kind of active control. Once they start acting like active owners, they aren’t just conduits anymore and are therefore potentially subject to tax.

  10. Posted by guest | June 10, 2009 at 6:42 PM

    @8 Please pull your head out of your ass and find your way back to Yahoo.

  11. Posted by guest | June 10, 2009 at 8:00 PM

    Alright, I want to know what CMBS group Greg came out of… Thats 2 in one week.
    @6, yep… @8, I second 10…

  12. Posted by guest | June 10, 2009 at 8:01 PM

    Greg:
    This is the type of stuff that I think DB readers should be reading more about. Keep up the good work. It is great to have you as a writer. Forget what the haters say keep on shining.
    -PropDres

  13. Posted by guest | June 10, 2009 at 8:33 PM

    @12 Go back to Yahoo, pinko.

  14. Posted by guest | June 10, 2009 at 8:48 PM

    @9
    I know the rationale and I understand it. But I don’t agree with it because as long as the investors have the right to become active they are just fake passive. So this tax break is a scam and it’s time to change this.

  15. Posted by guest | June 10, 2009 at 9:30 PM

    8 & 14 – I’m beginning to think you’re serious. Which means you don’t have the first clue as to the meaning of the words you’re using.

  16. Posted by guest | June 10, 2009 at 9:35 PM

    @15
    Who the fuck are you? Why should anybody care about what you think?

  17. Posted by guest | June 10, 2009 at 9:54 PM

    Chat fight!!!!!

  18. Posted by guest | June 10, 2009 at 9:57 PM

    Who the fuck am I?!? Who the fuck are you?!?!

  19. Posted by guest | June 10, 2009 at 10:12 PM

    Hit ‘em!

  20. Posted by guest | June 10, 2009 at 10:24 PM

    All the borrower has to do is miss one payment and the special servicer can modify. The special servicer will call their bluff unless they miss a payment anyway. this is a non story. Big CRE asking for a bailout is like spitzer asking for an award for mentoring the underpriveleged women of ny

  21. Posted by guest | June 11, 2009 at 1:01 PM

    Greg: please stop referring to people in the diminutive. It’s beneath you.

  22. Posted by guest | June 11, 2009 at 1:01 PM

    Greg: please stop referring to people in the diminutive. It’s beneath you.

  23. Posted by guest | June 11, 2009 at 1:02 PM

    Greg: please stop referring to people in the diminutive. It’s beneath you.

  24. Posted by guest | June 11, 2009 at 1:07 PM

    Apologies for the multi-post. Retarded.

  25. Posted by guest | June 17, 2009 at 2:01 AM

    This whole stimulus package is just part of the governments long term plan to take away the power of the people. Are we going to do something about it or be lazy and think someone else is going to do it for us? It is time for a revolution. We need to overthrow the government and take our power back. Before there is nothing we can do about it. you should check http://obamamortgage2009.blogspot.com/2009/03/obamas-mortgage-modification-do-you.html#comments

  26. Posted by guest | July 4, 2009 at 1:23 AM

    If anyone has had any luck with any of these companies, could you please post it for the ones that cannot find one to work with you. We’ve almost lost once and just got a second chance that want last long so I need to get something done now, so if anyone knows the right number to call, i am sure a lot of people that hasn’t found them would appreciate it but check out http://obamamortgage2009.blogspot.com or obamamortgage2009.blogspot.com

Leave a comment

You can log in with your account or comment as a guest below.