I just read an article describing new lending regulations that will change the way lenders evaluate whether to lend on a commercial real estate deal.
You can read the full article by clicking here. The article appears in the weekly news report from CoStar Group, a leading provider of commercial real estate information and news.
In a nutshell, the new guidelines, known as Basel II, will affect commercial real estate borrowing by requiring certain loans to be characterized as high-volatility commercial real estate loans (HVCRE), which will likely lead to higher costs for obtaining credit on certain types of deals.
Adding to the uncertainty is the additional requirement for all banks to adjust their risk profile constantly:
"Thus, loans that may not have
been risky when they were made could become risky over time or even
more risky in one part of the country compared to another. Economic
downturn conditions will be determined based on whether default rates
are higher than average based on type of loan or particular market.
"Accordingly, as part of the guidelines, banks will be required to
perform regular market analysis. The guidelines say that banks must use
current market data to compute current exposures. When a bank uses
historical data to estimate model parameters, the bank must use at
least three years of data that cover a wide range of economic
conditions. In addition, the data must be updated at least quarterly -
or more frequently if market conditions warrant.
Perhaps the upside of the new requirements is that less risky deals will become more attractive to lenders, and prudent investors will be able to rise above the "credit crunch" we've all heard so much about.
Jason S. Buckingham
Attorney and Real Estate Broker
Law Offices of Jason S. Buckingham, Inc. (http://www.jsb-law.com)
Buckingham Commercial Real Estate (http://www.buckinghamcommercial.com)