
graphic: Mike Licht, NotionsCapital.com via Flickr
Fannie Mae and Freddie Mac have already lost billions on transactions with bankrupt financial services firm Lehman Brothers. Now a new potential Lehman loser has surfaced, Stuyvesant Town, a deal sponsored by real estate giants Tishman Speyer Properties and BlackRock Realty. They are going to turn over the keys, having defaulted on billions of dollars in debt. Tishman Speyer and BlackRock only lose their initial investments of $112 million each, not counting any management or other fees they might have ripped out of the deal. Their investors, on the other hand, are going to eat billions in losses. Among those investors are two California pension plans — CalPERS, $500 million, and CalSTRS, $200 million — and a Florida pension plan, $250 million.
Fannie Mae and Freddie Mac are two of the largest investors, with at least $1.5 billion in commercial mortgage-backed securities, called CMBS. Here’s how the CMBSs were created. The deal was financed in part by Wachovia Bank, which took a $3 billion first mortgage on Stuyvesant Town. Wachovia sold that note and mortgage along with notes and mortgages on other commercial real estate to a single purpose entity (SPE), like a trust. The SPE raised the money to pay for the various notes by selling debt securities to investors. The notes are the only assets of the SPE, and the only source of returns to investors. In this case, there are several different classes of debt securities, which are called tranches, with different rights to payment from the money the SPE gets from the notes. The most senior tranche gets paid before the others, but has a lower interest rate. The other tranches get paid in order after the senior tranche, but have higher interest rates.
Neither Fannie nor Freddie responded to my inquiries about projected losses on the CMBS. According to the Wall Street Journal, Freddie Mac doesn’t expect to lose any money because it holds the most senior CMBS tranche. It’s not obvious that there won’t be a loss. The property is apparently worth no more than $2 billion. We don’t know how the CMBS documents allocate losses to the various slices, so we can’t verify that Fannie and Freddie won’t be eating another loss. Freddie Mac is reportedly willing to finance a new purchaser, which would certainly be one way to prevent the appearance of a loss.
These CMBSs are a legacy from the failed Lehman Brothers, which underwrote this transaction. Fannie Mae also did a bunch of derivative transactions with Lehman, and looks to lose over $120 million on those transactions, net of collateral, according to its proof of claim. Freddie Mac lost $1.2 billion when Lehman defaulted on an overnight loan as it filed bankruptcy. Freddie is in a loss position on derivative transactions with Lehman, to the tune of $17 million. The two also have claims arising from mortgages they bought from Lehman, totaling nearly $2.6 billion.
That last category is instructive. Those claims arise from the contracts between Lehman and Fannie and Freddie. Here’s an example from Fannie’s proof of claim:
Under the [contracts], if and when the aggregate principal balance of the mortgage loans which are ninety (90) days or more delinquent exceeds forty-nine percent (49%) of the aggregate principal balance [Lehman] is obligated to repurchase a sufficient number of delinquent loans to bring the delinquency rate to 49%….
Exhibit A, p. 2. They only protected themselves if half the loans went into default? Stunning. Fannie and Freddie think they will get pennies on the dollar of this debt.
What lessons can we learn?
1. Derivative transactions cost taxpayers a fortune. But bankers are plunging back into that business, so we get another chance to bail them out.
2. It’s okay for Tishman-Speyer and BlackRock to walk away from their mortgages. It’s not okay for homeowners to walk away from their mortgages, even in states where there are no deficiency judgments.
3. It’s okay for government-sponsored entities to buy junk CMBSs so Wachovia and Tishman-Speyer and BlackRock Realty can make money. Helping homeowners creates moral hazard.
I’m sure Ben Bernanke and the other true-believing free marketers will explain why this all makes sense.



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Just a driveby to note, from yesterday’s NYT, that the tenants could only cobble together something like $4+ billion on a property that sold for $5.4 billion, so the attempt to coop or condo the deal was unsuccessful. Boy, that’s the best money the tenants never spent.
We all know that Barney Frank and Chris Dodd made this housing debacle possible, but you are welcome to blame “Bush.” What a joke!
Several questions:
1. Did Tishman-Speyer/BlacRock complete the rehab they were intending to do on the property?
2. Who will hold title to the property?
3. I hear that it makes good public housing. Is that true?
BTW, as you know Wachovia is really Wells Fargo.
Doesn’t matter. It’s all good news for John McCain.
Democrats and Republicans alike bought into the divorce of real estate finance from fractional reserve lending seasoned with artificially low interest rates designed to keep most of the “irrational exuberance” around.
If the libertarian right could not make a successful go of their ideology through Alan Greenspan, you all might as well just pack it up and head home for a beer and prepare for socialism.
thanks masaccio.
This is a nice write-up of an interesting and important story.
After your readers finish reading this, they might enjoy megan mcardle’s article on bad decision making in the commercial real estate market in the jan/deb 2010 ATLANTIC.
Mcardle used stuyvesant town/peter cooper village as the concrete example in her piece.
There are some important social and economic issues lurking here.
To whit,
It turns out that it isn’t only ” foolish, greedy” individuals buying subprime houses who make serious errors in real estate judgement.
Can you believe that highly knowledgable commercial real estate businessmen make the same errors.
And then there’s the matter of whether commercial real estate will be the next bubble that pops.
And if so, how much damage might it do to a fragile economy.
The plan was to do major capital improvements so that Tishman Speyer and BlackRock could remove the apartments from rent stabilization rules. That would permit them to increase rents to market rates. New York Courts ruled that they acted illegally in doing so, so they couldn’t increase cash flow enough to pay off their debts. I can’t tell how much of that was actually done.
Right now, it looks like the control of the property will be turned over to an agent, who will manage the complex and maybe sell it. The mortgage money goes to the agent of the SPE who will pay it out in accordance with the documents of the CMBS.
Maybe one of our NY people can say more about the utilization of the property. And yes, Wachovia was swallowed by Wells Fargo in the frenzy of late 2008-early 2009.
The ultimate jingle mail: “Here’s the keys to 11,000 apartments, they’re all yours.” BTW, Morgan Stanley has walked away from some of its CRE deals also. Next up, Wall Street telling us it’s “immoral” for homeowners to walk away from their mortgages.
So I guess Barney Frank used some nefarious type of mind control and forced the Republican majority in the House (then led by Gingrich and Tom Delay) , while Dodd forced the Republican Senate Majority (led by Bill Frist and Mitch McConnell) to do this awful thing then?
And it goes on and on.
The property is apparently worth no more than $2 billion.
So do Tishman Speyer Properties and BlackRock Realty get to buy it back for $2 Billion?
Who will stop the madness?
I don’t think there have been lots of instances of politicians stating that it is immoral for homeowners to walk away from underwater properties. Certainly the linked article did not make that case. It referenced one official who stated that it transforms them to “mere speculators” (hardly a moral judgment, unless speculating is now immoral), and the body of the link spoke more of homeowners’ own internal moral reservations, or fears about their credit reputation, or social stigma.
Beating up on this meme of “politicians chastising homeowners for immorally abandoning their homes” seems a bit of a straw-man, are there really that many quotes out there?
That mind control can really screw things up, especially when you throw in a Ouija board and some mysterious incantations…
I would imagine they would have difficulty lining up the financing since, for both individuals and commercial entities, defaulting on a mortgage tends to damage one’s credit reputation.
Fannie Mae and Freddie Mac are two of the largest investors, with at least $1.5 billion in commercial mortgage-backed securities, called CMBS.
Were Fannie and Freddie in the investment from the start?
hey massaccio, I’ve been trying to get you
wondering if you ever got a look at the deal whence jp morgan was allowed to acquire washington mutual’s assets without having to own the liabilities attached to those assets
an incredible and probably illegal deal that was approved
for instance, if I bought a bond for 48,000 dollars that would be worth 50,000 at maturity, jp morgan acquired the 48000 dollars I laid out but washington mutual still held the liability, making my bond worthless with nobody to go after
sick stuff there that needs the light of day
the other thing I was wondering if you looked at is that cit, one of the biggest lenders to small business is being allowed to go out of business
But TARP made the government money! How is this possible?
So Fannie and Freddit are two of the largest investors in this failed enterprise, which leads me to assume this is not the only commercial mortgage deal those entities were involved in. It is therefore quite troubling that Geithner has agreed to an unlimited guarantee for their failed enterprises.
I have a feeling that this is just the beginning of a very bad scenario starring the commercial mortgage industry – that is, very bad for the taxpayers.
Perris, those are great questions, but it is not easy for those of us in the great heartland (Nashville) to get any information. We may have to rely on the main stream media.
This is a fascinating question. The politicians do a bit of it directly, but the point I am trying to make is that there is a lot of moral force acting on individuals that makes them refuse to act in their own best interest. This is from an article by Professor Brent White of Arizona, talking about a paper from the National Bureau of Economic Research:
I won’t quote the whole thing, but it completely supports my view that there are powerful social control mechanisms, not just politicians, at work on this issue. Here’s a link to a site where you can download it.
Of course, what the banksters and the government really fear is that if enough people do it, there will be a tidal wave which will swamp their leaky ship. Here’s an article directly addressing that.
How many articles have you seen like this one, pointing out that there were one million jingle mails last year? More evidence for my view.
masaccio, thanks for running down the basic structure of this CMBS.
To those wondering what kind of place Stuy/Cooper is, the two developments were built in the aftermath of WWII, when NYC, like most cities, faced a major housing shortage. The scale at the time was middle class, and there’s always been some degree of public subsidy, at least through the rent control/stabilization system run by the city.
At the time of the sale they were still an important source of middle income affordable housing in Manhattan, which hasn’t had much of this in recent years. As such, though I haven’t been there and seen them in years, I assume they’re still a bit nicer than standard public housing, as they seemed to me back in the day. Nonetheless, the notion that 100-odd solid but non-air conditioned buildings with 1950-level service conduits, room sizes and the like could be economically converted on-the-fly into semi-upscale condos and sold at boomtime Manhattan rent/NOI per unit always sounded worthy of raucous scorn to many.
There’s a Stuy Town blog, Lux Living (eloquent, eh?), which looks pretty up-to-date. Recent news, which includes several interesting articles I’ve seen since the walkaway. And the historical importance of both Stuyvestant Town and Peter Cooper Village is enough that material on them can be found in a lot of library books on postwar urbanism, history of urban housing and planning, and that kind of thing.
I had a 2 bedroom there 13 years ago (the current $3700 per month for a 3 bedroom is out of my league – and the 13 years ago $2100 for the 2 bedroom made the job worth net of housing worth less than equivalent jobs in other cities – and the apartments while having great grounds, nice at the time, and in a great location were not “Lux” or even “above average” at the time) – I am curious as to what happens to the $200 million owed tenants after the Court ruling that they had been illegally overcharged.
MET life took back the first mortgage of $3 plus billion when they did the initial sale – yet I do not see them listed as a creditor – but given the price of Met stock from its high of 70 to today’s 30′s, I suspect there is a loss in the security that they took in exchange for that mortgage.
Yet more evidence was provided just this evening on ATC, in which real estate economist William Wheaton opined, among other questionable assertions, that we probably would not see the wave of option ARM defaults which some have forecast for the next couple of years, because mortgage borrowers would be so reluctant to surrender all their hard-won gains. He can be heard at this page. At one time Wheaton’s position in the small urban and REEcon field was such that “we’ll not speak of this again.” I wonder.
Anyway, it is clear, and to me has been since I realized a few years ago what was up, that the conceivers of this monstrous scam were absolutely counting on the middle class borrower’s conventional sense of probity to grab their potatoes out of the fire for them.
Oh, and speaking of focal points and marching orders, do note if you visit the ATC story what is the main theme of which Wheaton’s interview is the centerpiece:
Poor Professor Wheaton. A shame he can’t think of a thing that could be done. Maybe he should try reading the internets.
I’ve lived across from Stuyvesant Town/Peter Cooper Village for almost twenty years. The buyout by Tishman Speyer has ruined what was once a middle class oasis in NYC. I say it WAS a wonderful neighborhood. Now it is used as a frat house for NYU/New School/School of Visual Arts students.
Before Tishman Speyer, people would say “I got into Stuyvesant Town or Peter Cooper Village,” and it was very big deal because they knew they’d live in very nice (not luxurious) housing at a reasonable (for New York City) rent. People stayed for decades and (for people living outside NYC)basically treated the complex as if they had a stake in it. It was a good community.
If you had told me five years ago that a neighborhood could change so radically, so quickly for the worse I wouldn’t have believed it, but the neighborhood has deteriorated so much in the last few years that I’m going to move as soon as my lease expires, and that’s saying something in NYC! It’s almost as if they moved the drug dealers in.
Anyone with half a brain (unlike Robbie Speyer) could have told you at the time of purchase that they way overpaid. STY Town is very pleasant, but it’s First Avenue, not Fifth Avenue.
The saddest thing of all is that its the long-time residents who pay the price, not those putzes the Speyer family. Greed is a terrible thing.
No, Lehman going bankrupt cost a fortune.
Usually when people draw this distinction, they are arguing that derivatives are good things, and only went bad because of some external issue, like Lehman’s bad management. My point, made in a number of posts, is that the vast cost of derivatives, including in this case notably, a bunch of interest rate swaps, far exceeds any utility. That will continue to be so, because Wall Street remains convinced that their models are wonderful, despite all evidence to the contrary, and as I point out, are back in the game with a vengeance. You can read the prior posts by clicking on my name at the top of the page.
This is an ongoing debate, and I will offer other opportunities for readers to explain the benefits of derivatives in the face of their enormous costs and risks.