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CT - November 2011 U.S. Macro Forecast Report

Monday, November 7, 2011



Our Insight. Your Advantage.

CLICK HERE to view our November 2011 U.S. Macro Forecast Report and please feel free to share with your colleagues. This report provides a high level view of the economic forces in play nationally and internationally. It then dives into commercial real estate performance and forecasting. Make note of the strength of the apartment market.

Although, similar to our local market, the forecast is for stable, moderate growth in the short term. Low interest rates, low construction rates and high demand are creating fantastic operations in the local apartment economy.

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Loveland/Northern Colorado land NASA, 10,000 jobs

Wednesday, April 6, 2011

Loveland lands ACE (By Tom Hacker)


Loveland’s quest for the project known as ACE has yielded the grandest of prizes.

The Agilent Technologies Inc. campus emerged on Tuesday as the choice for the Aerospace Clean Energy Manufacturing and Innovation Park.

The center, sponsored partly by NASA, will give the former home of Hewlett-Packard Co. new life — and the city the potential for thousands of jobs.

When ACE locates in Loveland, it likely will draw scores of manufacturing companies, large and small, employing as many as 7,000 people in turning NASA-controlled patents into technology products on a high-speed schedule.

“This is the biggest economic development initiative in Colorado in at least a quarter century,” said Tom Clark, head of the Metro-Denver Economic Development Corp.

“The city of Loveland should be very proud. They’ve been very creative. They’ve done everything right.”

Clark had worked since early January on the ACE project site selection process, in conjunction with NASA’s lead partner in the venture, the Colorado Association for Manufacturing and Technology (CAMT).

‘It’s Good Work’

“We’re extraordinarily pleased to be selected, to be able to negotiate with CAMT, and to be the home of ACE,” City Manager Bill Cahill said.

“This is the start of a lot of hard work, but it’s good work.”

One of that agency’s key decision-makers early Tuesday confirmed that Agilent stood alone as the sole contender among existing facilities for the ACE project.

CAMT board vice chairwoman Florine Raitano also said the agency would consider one, and possibly two, so-called “greenfield” prospects, open tracts of land for new construction.

“Ultimately we will have additional locations,” said Raitano, a key figure in selecting a location for ACE.

“This one will be the first out of the gate, but we and NASA and NREL (the Golden-based National Renewable Energy Laboratory) intend to have other Colorado locations.”

Raitano said locations of the one or two greenfield sites under consideration, and the Agilent selection, would be formally announced as soon as the end of this week.

But she offered no hints about locations of the greenfield candidates.

Tough Choices

“We have two that are so closely ranked that we’re having trouble separating them,” she said, adding that the two were “in close proximity” to one another.

Several Larimer County greenfield sites, including some in Loveland and Berthoud, were submitted as candidates when CAMT requested proposals for the project in mid-January.

The choice of Agilent by the agency’s board means new life for the four empty buildings on the campus at Southwest 14th Street and Taft Avenue that were once a Hewlett-Packard Co. beehive, where 6,000 people worked.

The 811,000 square feet of space in those buildings filled the bill for CAMT and NASA, who jointly wrote the criteria for site selection.

Most significant is what Raitano said was an “ironclad” requirement that the buildings must be ready for occupancy within four months.

CAMT president and CEO Elaine Thorndike said late Tuesday the outpouring from Lovelanders — with emails, letters and even thousands of valentines from elementary school students — played a big role in the selection.

‘Very Creative’

“Certainly the support from the Loveland community for this initiative as a whole was very important,” Thorndike said.

“We certainly appreciated all the proposals that were submitted. They were all very creative, and selection was a difficult process.”

Thorndike was in Palo Alto and Mountain View, Calif., Tuesday meeting with NASA officials and Stanford University entrepreneurs.

The NASA Ames Research Park in Mountain View, along with the Johnson Space Center in Houston, will be key collaborators on the ACE project.

“The enthusiasm and the support from NASA Ames and the Johnson center for this project has been tremendous,” Thorndike said.

“It’s a significant opportunity not only for Colorado, but for the country.”

When Thorndike and deputy NASA administrator Lori Garver signed the Space Act Agreement in mid-December at a Capitol ceremony in Denver, they said the resulting project would bring 7,000 jobs to the selected site, and 10,000 statewide.

“This is just tremendous news,” said Don Churchwell, interim CEO of the Northern Colorado Economic Development Corp. when he learned of the selection late Tuesday.

“To have a project of this magnitude, with so many jobs, is fantastic. If people are looking for job creation, well, this is it.”

Loveland business development manager Betsey Hale, who guided the city’s bid process, said the ACE project would have far-reaching effects.

“I don’t think people yet understand how important this will become,” she said.

“It’s an incredible opportunity for Loveland, for our region and for Colorado.”


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Terrix Financial Apartment Financing Rates 3/17/11

Thursday, March 17, 2011

Happy St. Patrick's Day-

Due to recent world events we are seeing a reduction in rates as treasuries are down quite a bit.

Below are today's rates for select apartment loan programs - all loans are a case-by case basis.

Loans ~$3,000,000+
5/30 4.52%
7/30 5.12%
10/30 5.49%
75-80% LTV, cash-out okay, non recourse, assumable, can do supplemental financing in future to leverage back up for a buyer (combined with the assumption this avoids the prepay penalty)
Subtract ~20 bps for less than 65% LTV and 1.35+ DCR

Loans ~$1,000,000 to $3,000,000+
5/30 4.78%
7/30 5.37%
10/30 5.67%
75-80% LTV, cashout okay
for less than 65% LTV and 1.35+ DCR - subtract ~20 bps and non-recourse may be available

Small Apartment Loans - ~$750,000 - $2,000,000
3/30 4.5%
4/30 5.0%
5/30 5.375%
7/30 6.50%
10/30 6.875%
75% LTV, step down prepay

In the last 12 months we closed apartment loans ranging from about $1,000,000 up to $18,000,000 with Agency lenders, banks and life companies.

We also have other options for low leverage loans, loans that don't restrict secondary financing, no prepay, etc.
The loan programs above are also available for high quality mobile home parks (add 5-10 bp to the rate, however).

Please call me with your financing needs.

Brandon Rogers
Principal
Terrix Financial Corporation
1777 S. Harrison St., Suite 301
Denver, CO 80210
720-880-5122 (direct)


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Fort Collins Unapproved Dwelling Units - Are you one of them?

Tuesday, March 15, 2011

Multi-family & Duplex Property Owners Act Now to Save on Impact Fees. The City's Unapproved Dwelling Unit (UDU) Compliance Program Ends June 15.

The UDU Compliance Program, a limited time compliance period approved by the Fort Collins City Council, is intended to assure unapproved dwelling units (UDUs) in existence prior to December 31, 2008, are in compliance with zoning and rental housing habitability standards. During this period, impact fees are waived and only a UDU application fee of $400 applies. After June 15, 2011, this program ends and typical impact fees of $12,000 to $15,000 will apply.

Owners of multi-family or duplex buildings are strongly encouraged to participate before June 15, and save thousands of dollars on getting the required Certificate of Occupancy.

After June 15, 2011, owners of multi-family or duplex buildings without the required Certificate of Occupancy (CO) will have two options:
1) All impact fees will be collected, an inspection performed and a new multi-family CO issued, or,
2) Convert the multi-family/duplex UDU back to a single-family home. Re-converting back to a single-family dwelling will require a City inspection.

An Unapproved Dwelling Unit (UDU) is a separate dwelling created or converted at some time in the past without benefit of a City of Fort Collins issued building permit, inspection or approval. A typical UDU would be the older over/under duplex for rent or possibly the attached garage which was converted to a studio apartment. A 2008 City ordinance requires owners of properties, with two (2) or more separate dwellings within a building (aka, multi-family building), to obtain a Certificate of Occupancy (CO).

More useful information at: http://www.fcgov.com/building/


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Fort Collins Landlord Information, Services, Classes

Wednesday, February 16, 2011

Landlord Training

Neighborhood Services Office will once again be hosting a two-day, eight hour class designed to inform and empower local landlords. The class will take place on Friday, April 8, 8:30 am – 12:30 p.m. and Friday, April 15, 8:30 am – 12:30 p.m. This is a two-part training. Please plan on attending both days.

The cost is $20 and Neighborhood Services will start accepting registration on March 1, 2011. If you would like to register, payment (cash or check only) can be dropped off at Neighborhood Services, 281 North College, second floor or mailed to: Neighborhood Services, 281 N. College, Fort Collins, CO 80521. Please make checks payable to The City of Fort Collins. Credit card payments can be made by calling 224-6046.

Many of you have already taken this class. Please share this information with others who may be interested. Eight hours of Real Estate Continuing Education credit is available.

Off-Campus Life has the resources you need to get your properties rented!

Off-Campus Life at Colorado State University would like to invite you to participate in their 25th annual Housing Fair on Wednesday, March 2, 2011, from 9:00am until 4:00pm, in the Lory Student Center Main Ballroom. The Fair is an event designed to help students at Colorado State University find housing for next year and help landlords like you fill their rentals. Landlords, property managers, realtors, and other companies related to the housing industry will have booth displays and helpful information to share about their services. Traditionally, over 2,500 students have attended the Housing Fair seeking information about various housing options. This is a once-a-year opportunity for you to connect with students and inform them about your property. For more information and to register click here.

Off-Campus Life also provides a free online rental listing service where you can post your rental. This site allows you to post the specifics of the property, pictures, lease term, etc. It is targeted exclusively to CSU students and is perfect for a free, quick and easy way to advertise your vacant rental. Create an account and post your listing here.

For more information about Off-Campus Life’s services please call 970-491-2248 or go online to www.ocl.colostate.edu

Upcoming Classes

Neighborhood Services has two additional classes scheduled this spring. The first is a 3-hour Evictions class on Thursday, April 28 from 9 to 12 pm. The class is very thorough and has been well received in the past. The second class focuses on Fair Housing and will take place on Thursday, May 19th from 1:30-4:30.

Please contact Ginny at gsawyerr@fcgov.com or 224-6070 to reserve space and get location details. Both classes are free.

Question for Those Who Rent to CSU Students

As you may know, CSU students who get a noise violation ticket in Fort Collins are required to attend a Party Partners class. The class is team-taught by Student Conduct staff, City staff, and Fort Collins police officers. The goal of the class is to provide solid information to students on how to be a good neighbor and how to host a responsible party both for their safety and for the peace and quiet of the neighborhood!

We have had some interest from landlords in having their tenants attend even without a noise ticket. One landlord was willing to offer a discounted security deposit. If you are interested in having your tenant attend, please contact Melissa Emerson at 491-7771 or memerson@colostate.edu for a current class schedule.


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2010 Q4 Statewide Rents and Vacancies Survey

The state just released their Q4 2010 vacancy and rent report. As expected, with the low construction and much higher than average job market in Northern Colorado, vacancies all but vanished and rents continued their rise. Fort Collins and Loveland led the way, but Greeley showed nice signs of a strong and recovering market.

A couple of interesting quotes from Ryan McMaken from the Colorado Division of Housing:

"Vacancies continue to go down, and it's not totally a function of employment," McMaken said. "What's driving things now is household formation and lack of construction in multifamily."

"The net affect is rents are higher than ever anticipated, close to $1.80 per square foot. You don't find that anywhere unless you go to downtown Denver," he said calling Fort Collins/Loveland one of the hottest markets in Colorado and perhaps the nation.

"It's not surprising that Fort Collins, which has one of the strongest job markets, also has some of the lowest vacancy rates," said Ryan McMaken, a spokesman for the Division of Housing.

Read more at Coloradoan and the Tribune

If you are interested in more about the Northern Colorado Apartment Market, please contact us at 970-372-0737 or mannlein@realtec.com


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Northern Colorado's Economy Looks Bright

Monday, February 14, 2011

Mike Masciola, NCEDC (The Coloradoan)

Although the speed of the economic recovery is much slower than preferred, there is reason for optimism in Northern Colorado's future.

Our economy certainly has not been immune from the national recession. However, it has fared better than most and is in a strong position to create additional jobs for local residents in the long run.

Successful economies are those that meet their economic development tenets and are competitive as a place where businesses and skilled workers want to be. Northern Colorado certainly has many of these tenets and strategic advantages. It also continues to improve its competitive position for a sustained and growing economy.

A strategic advantage of note is Northern Colorado, particularly the Fort Collins/ Loveland Metropolitan Stat-istical Area, or MSA, has one of the strongest and most diverse economies in the entire state.

The MSA's unemployment rate (December 2010) is 7.1 percent, significantly better than Colorado and the US with rates of 8.6 percent and 9.7 percent, respectively.

Twenty different industries, from manufacturing to health care to retail, support the MSA's economy. No one industry makes up more than 13.5 percent of the entire economic base.

Just like the benefits to your personal finances, a well-balanced, diverse portfolio has helped our economy ride out the tough times better than others.

This stable economy coupled with other strategic advantages has helped Northern Colorado remain an attractive place for companies evaluating a move to another market. Consider this, between 2008 and 2010, the annual volume national office and industrial company relocations decreased by a staggering 57 percent from 4,442 to 2,473. During the same time period, the Northern Colorado Economic Development Corp. experienced a 5 percent increase in annual qualified company relocation leads from 63 to 66.

The takeaway here is while there is a much smaller pool of companies relocating nationally, Northern Colorado is increasingly getting the opportunity to compete for them.

Regional partnerships also abound to help retain and create jobs. NCEDC and Upstate Economic Development Corporation continue to collaborate to support local and new companies; conduct joint marketing of the broader region; and identify new business opportunities based on work force strengths and industry supply chain gaps.

Prior to the governor's recent request to do so, NCEDC, Larimer County communities and regional strategic partners already started to evaluate a long-term economic development strategy or "road map" for our area's future.

The Fort Collins, Loveland and Greeley Chambers continue to develop regional leaders who are committed to shaping the future of Northern Colorado.

The aforementioned are a few of the many partnerships and initiatives being carried out by the public and private sectors to best position Northern Colorado for job growth and long-term economic vitality.


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Capital Gain Taxes – The Same for Now

Monday, January 31, 2011

From IPX1031 - Danita Vigil and Tracey Wilson

Toward the end of 2010, many people wondered what would happen to capital gain tax rates on January 1, 2011. Some even scrambled to close the sale of property before the end of the year. As it turned out, Congress extended the capital gain rates in mid December; at least for two years. The following is a brief summary of portions of the Tax Relief, Unemployment Insurance Reauthorization and Jobs Creation Act of 2010 (not surprisingly referred to as “the extension of the Bush Era Tax Cuts”) which are likely to impact real estate investors.

• Capital Gain and Dividend Rates – Current rates were extended for two-years for all taxpayers with a maximum rate of 15% for both.

• Personal Tax Rates – Current rates were extended for two-years for all taxpayers with the top rate remaining at 35%.

• Social Security Tax – The employee tax rate of 6.2% on the first $106,800 of wages drops to 4.2% in 2011.

• Alternative Minimum Tax – Current exemptions were extended for all taxpayers for two-years.

• Estate Tax – An exclusion amount of $5 million and a tax rate of 35% for amounts in excess of the exclusion was established for two-years; the exclusion will become indexed beginning in 2012.

• Gift Tax – Like the Estate Tax, a Gift Tax exclusion amount of $5 million and a tax rate of 35% for amounts in excess of the exclusion was established for two-years, with the exclusion being indexed beginning in 2012.

• Other Extensions – The $1000 child credit; an additional standard deduction for real-estate taxes; extension of 15-year cost recovery for certain leasehold improvements, restaurant buildings and qualified retail improvements (through 2011); and the extension of various energy credits (through 2011).


Although the legislation provides some certainty for two years, we may find ourselves questioning our future rates again in 2012. Since that is also an election year, it may be interesting!

We, at IPX1031®, pride ourselves on not only being the industry leader in service and security, but we also strive to help our clients and their advisors keep current on the most recent tax law changes.


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2010 Year End Market Report - Northern Colorado Apartments

Tuesday, January 18, 2011

We are just finalizing our 2010 year end report for apartment activity and performance in Northern Colorado (Fort Collins, Greeley, Loveland). What a dramatic difference from 2008 and 2009.

Can't wait to get it finalized and published/printed. If you have interest in receiving a copy via mail or email, please let me know at mannlein@realtec.com or 970.229.9900.


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Fort Collins is 5th Smartest Place to Live

Tuesday, December 7, 2010

from NCBR

Fort Collins placed No. 5 on a list of most-educated cities in the nation, according to a study by Portfolio.com, a national business news site.

The study, which looked at the education levels of the residents of the nation's 200 largest metro areas, ranked Boulder No. 1. According to the study, five out of six adults in Boulder or 82.5 percent have attended some level of college.

The top 10 cities on the list were: Boulder; Ann Arbor, Mich.; Washington, D.C.; Durham, N.C.; Fort Collins; Bridgeport-Stamford, Conn.; San Jose, Calif.; Boston; Madison, Wis.; San Francisco-Oakland.

The survey noted that smaller cities were prominent on the list. "We often associate larger cities as the centers of education and culture, and therefore epicenters for the country's smartest people," said J. Jennings Moss, editor of Portfolio.com, in releasing the results. "However, this study shows that smaller cities can attract some significant brain power. Of the top 10 smartest places, six of them have populations of less than 1 million people."

Colorado and California were the only two states to have two cities in the top 10.


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Forecast sees "slow, steady growth" for Colorado

Monday, December 6, 2010

Denver Business Journal - by Neil Westergaard

The new year likely won't herald a big economic recovery in Colorado or the rest of the nation, with slow, steady growth predicted to continue in 2011, according to a new forecast.

That's the view of University of Colorado economist Richard Wobbekind, who presented his annual outlook on behalf of the University of Colorado Leeds School of Business. He was joined by Patty Silverstein of Development Research Partners, a member of the team of economic prognosticators that puts out the annual forecast.

The state's employment growth will continue to lag historical growth in the coming year, but at least will show a reversal of devastating job loss experienced in 2009 and 2010 which saw nearly 140,000 jobs disappear from the economy, the forecast suggests.

"I think the overall economic picture for Colorado in 2011 is slow, steady growth much like the national economy," Wobbekind said. "We would all like a more rapid recovery, especially in terms of jobs, but we're just not going to see that yet."
The Leeds forecast pegs total job gain in 2011 at about 10,100 jobs.

Strongest employment sectors appear to be professional and business services, including engineers, computer systems designers and scientific research and development groups. That sector is expected to add 7,000 jobs in 2011, well off of the 16,100 jobs the sector added in 2007, before the recession.

Agriculture, health services, energy development and scientific and research activities are expected to increase in the coming year.

However, construction, manufacturing and government sectors are likely to shed jobs, as continued sluggishness in new housing starts, available money for transportation projects and governments adjust to flat or declining tax bases.

Leisure and hospitality, education and health services and trade, transportation and utilities sectors jobs are expected to add 9,800 new jobs, but together they can't completely offset job losses in the other categories.

"All the job growth in these sectors is still subpar in a historical context," Wobbekind said. "It will not be enough to bring down the unemployment rate in any meaningful way or create great momentum in the state economy, but at least it's moving in the right direction. It is just moving at a slower pace than we would like."

Colorado's jobless rate was 8.4 percent in October, the most recent month reported. The national rate was 9.8 percent in November. Colorado's unemployment rate could reach 8.8 percent in 2011 before coming back down, the forecast suggests.

Looking back on 2010, Colorado did not see the recovery in employment anticipated by many economists, the new forecast says. From that perspective, the state lagged the nation in recovery.

"We went in thinking we would be in the top 15 or states for job growth in 2010, but came out in the bottom 10," Wobbekind said.

The financial recession has caused many businesses to do more with less. Until businesses are sure that revenues are back up, it's unlikely to see large increases in total employment, he said.

"We've seen tremendous investment in capital in the economy in the last year and a half," Wobbekind said. "Companies are buying machines as opposed to hiring people. In the long run this is great for the U.S. economy, but in the short term it is very painful in terms of unemployment rates."

Until banks and other lenders start lending again, economic growth is going to be blunted, he said.

"As we've seen, we're out of the recession a year and a half now and we're still not seeing lending back at pre-recession levels," Wobbekind said.

One somewhat bright spot is Colorado's tourism and hospitality sector. Most categories are predicted to remain level or increase slightly.

"Unfortunately, there remain a number of concerns in the tourism sector," Wobbekind said. "The hassle factor is coming up to the top of the list. It's not only driving to the high country, but in terms of flying, between security issues and rising ticket costs, a lot of people just don't know if they want to take it on anymore. But, overall, we're expecting a pretty good year for tourism."


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Determining intent for a 1031 Exchange: How the IRS reads minds

Tuesday, October 5, 2010

from IPX1031.com

Most owners of real estate will tell you that if they bought a property for $75,000 and sold it a month later for $100,000, that it was a great investment. If they deferred paying the capital gain tax on their sale by utilizing a 1031 exchange, well they are not just a great investor, but a genius to boot. Unfortunately, that is exactly what the IRS may determine: that the capital gain tax our investor tried to defer is just that, “boot”, and our investor will not just pay capital gain tax of 15%, our investor will pay short term capital gain tax, as the asset was held for less than a year.

So, what then should an investor do so that the sale of property
qualifies for 1031 treatment?

The intent by the taxpayer to hold property “primarily for sale” and not “primarily for investment” will prevent the property from qualifying for IRC 1031 treatment. While in general, most properties owned by developers, builders and people looking to fix up and re-sell will probably be considered to be held primarily for sale and may not be allowed tax deferral treatment, the IRS looks to the intent of the taxpayer in determining whether the property qualifies for tax deferral treatment. In determining the Exchanger's intent, the IRS will look at the intent at the time of the sale. At the time of disposition of the property, the Exchanger must be determined to have intended to hold the property for investment or use in the Exchanger’s trade or business. Three factors that the IRS will look at that can determine whether the taxpayer’s property was “held for sale” and does not qualify for tax deferral exchange treatment are:

The frequency and number of real estate transactions entered into by the taxpayer.
The more property sales by the Exchanger, the more likely IRS will find that the property is “held for sale” and does not qualify for exchange treatment. The best example of this is the Investor who buys foreclosed/distressed properties, fixes them up and then immediately attempts to “flip” for a quick profit.

2. The development activity of the taxpayer such as subdividing, grading and
improving property.

This looks at the taxpayer’s development activities, such as subdividing the property, adding streets, roads, sewers, utility services, rezoning and renovating the property. In these situations, the IRS is looking at the extent that the gain on the sale of the property was attributable to the taxpayer’s own efforts to the property as opposed to a gain due to external factors. Note that simply subdividing a property will not necessarily prevent a taxpayer from receiving exchange treatment on the disposition of the property.

3. The nature and extent of efforts by the taxpayer to sell the property.

This is the sales efforts of the taxpayer. This includes advertising efforts, use of sales personnel, a sales office to sell individual lots in a subdivision, was the property multi listed with a broker. The IRS will look at the proportion of the Exchanger’s income that is derived from the sale of the property, and the extent of the taxpayer’s involvement, time effort and control over the sales activities regarding the property.

As you may have noticed, the time factor alone (how long the property was held by the taxpayer prior to sale) is not what determines intent. Exchangers are always advised to consult with their tax and legal advisors regarding the exchange status of a property prior to selling their property.

_______________________________________________

When you choose IPX1031® as your Qualified Intermediary, you can be confident that your exchange will be handled expertly and that your funds will be safe, secure, and available when needed. Please call us when we can be of service, or if you have any questions.


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Ready for Multifamily's Bull Run???

Wednesday, September 29, 2010

Jobs, Uncertainty Holding Back Multifamily Bull Run (from GlobeSt.com)

ENCINO, CA-The multifamily industry is heading for its next bull run, but hesitancy on the part of the business world is a major obstacle. Still, investors should begin to prepare themselves for the next cycle. That was the message from a trio of executives at Marcus & Millichap Real Estate Investment Services Inc., who delivered a special presentation, “US Economic, Capital Markets and Apartment Market Overview and Outlook,” yesterday.

Beginning with a broad look at the economy, SVP and managing director of research services Hessam Nadji pointed out that the crawling pace of job growth is the primary reason behind the fears of a double-dip recession. In the 2001-2003 recession, the US lost 2.7 million jobs, but gained 8.1 million between 2003 and 2007. This latest downturn saw 8.4 million positions terminated between 2007 and 2009, but has only seen a net gain of 723,000 since year-end 2009.

But that figure isn’t going down anymore, and that’s good news, said Nadji. When it comes to job losses, “it looks like the worst is over,” he said. “We’re not moving forward quickly, but at least we established a base” when it comes to employment growth. What’s needed, he noted, is a confidence boost for corporate America, which has been hesitant about its growth.

“Until confidence shifts, we will not see growth,” said Nadji. “And the growth has to be led by corporate America, because it’s not going to be led by consumers.” Programs to spur job creation, such as the SBA, are helpful in starting momentum, he added, but are not a panacea.

Nadji also cited an increase in economic activity on the part of the consumer, namely, a recovery in retail sales excluding automobile and gas purchases, as a bright spot. Another positive is that there are no fears of inflation, though “the Fed is still not convinced the recovery is sustainable, and is ready to do something about it,” he relates. But with interest rates already at record lows, the government may be “out of ammunition.” The yield curve continues to fall, but it’s still far above the recessionary level, and it’s expected that job growth will pick up in 2011 and 2012. So the comeback, Nadji concluded, is going to be gradual, and not the massive snap-back that was experienced in prior upturns, due to the heavy debt loads.

After going through a stabilization period this year and into 2011, apartments will enter into a period of rapid recovery, as new deliveries remain low and the vacancy rate declines from the 7.8% overall level it hit at midyear. Yet “while the crisis was on a national level,” said Nadji, “the recovery will be on a local level.”

Regionally, the coastal cities are doing well, but surprisingly, so are a few Midwestern markets, including St. Louis (1.5% year-to-date job growth), Indianapolis and Minneapolis (both 1.2%), which Nadji attributed to a gain in the US manufacturing business. Yet job growth is not driving apartment demand everywhere, with places such as Sacramento (-1% YTD job growth), San Francisco (-1%), Las Vegas and Oakland, CA (both with -1.2%), still boasting strong multifamily fundamentals.

In fact, first-half overall absorption was clearly ahead of job growth, on a national level. And at midyear, the unemployment rate among 20- to 34-year-olds—the prime renter cohort—is about 200 basis points higher than the overall unemployment rate, which is nearly 10%. And though the residential market is beginning to recover, the drop in single-family home sales has worked to apartments’ benefit. The 2% dip in the homeownership rate, said Nadji, has put 3.4 million households back into the renter pool. While that’s been helpful, “we eventually have to get back to job growth as being the primary driver.”

Despite the concern over jobs, the capital markets have remained friendly to multifamily, according to William E. Hughes, SVP and managing director of Marcus & Millichap Capital Corp. The overall commercial real estate financing market has improved, with lender confidence rising, improving property fundamentals and property values stabilizing. The capital markets are also seeing a recovery, he observed, as spreads have narrowed, along with Treasuries and other indices, and interest rates remaining at low levels.

As of midyear, there was $843 billion on multifamily debt outstanding, held mostly by the agencies ($310.5 billion), commercial banks ($207.4 billion) and structured products ($105.6 billion). The debt from life companies has remained relatively steady over the past few years, at $47.3 billion, or a 6% share of the market, at midyear. But, Hughes pointed out, they’re becoming more active. In fact, so are commercial banks, and agency lenders are still in the market. All this bodes well for multifamily borrowers since debt will be available for all types of product.

And failed loans aren’t a major concern, with delinquencies at less than 1% for the GSEs and life companies. Banks and thrifts are also seeing an improvement in delinquency rates, currently flatlining at around 4%, while CMBS delinquencies continue to rise, hitting around 8% at midyear.

There’s also been a significant shift in who is lending, and how much, for commercial product, since 2007. The most significant change has been among CMBS lenders, who accounted for 34% of all acquisition financing in 2007 but only held a 5% share at the end of the first half of 2010. National, international and investment banks also decreased their presence, from 29% to 13%. Meanwhile, regional and local banks and government agencies increased their lending activity between 2007 and 2010, rising from 6% to 12%, and 1% to 12%, respectively. Debt assumption, which was used in 16% of acquisition financing in 2007, is now present in nearly half of all deals today.

While its presence has diminished a bit, Hughes doesn’t write off the CMBS market just yet. In fact, he sees the market reemerging, expecting it to hit a total of around $10 billion by year’s end. He indicated that he’s seen existing players, such as Bank of America, City JP Morgan, RBS Greenwich Capital and Wells Fargo, as well as new entrants, like Cantor Fitzgerald and Starwood Capital, express an interest in the market. And with their investment goals varying between $400 million and $2 billion, Hughes expects overall CMBS to eventually grow to a $20-billion to $25-billion market by the time 2011 is over.

For borrowers, now is the time to act. The government’s need to finance the deficit, combined with increasing investor confidence in the economy and a search for higher returns, will force interest rates up. “At some point in time, the interest rate window will close on us, and we’re going to have to deal with that,” said Hughs. The question investors need to ask themselves today is, ‘Do you wait for property fundamentals to improve and risk the interest rate window closing?’ ”

Zeroing in on the investment market for multifamily was Linwood Thompson, senior vice president of Marcus & Millichap and director of its National Multi Housing Group. He says the market is divided into two camps: those who believe in the inherent long-term investment value of apartments, and those who believe in the short-term transactional value. He noted that he ranks of the former are rising while the other group is decreasing.

“The market is clearly improving,” said Thompson. “Two years ago, when asked who was going to blink first, I said buyers would—and that’s happened. Sellers have stood their ground and deal velocity has decreased, but prices have increased.” This trend has been further supported by the debt environment, he added.

And buyers’ strategies have shifted, too. More buyers believe the market is at the bottom and are now seeking solid investments, while fewer are looking for deep discounts. Anecdotally, Thompson said he knows of a few groups who have shifted their investment tactics from distressed plays to other avenues.

Of course, the higher-quality product in prime markets is doing better, as investors bid those prices up. Yet class C product and smaller assets are having a harder time trading, and that’s where one can find deep discounts, he noted, adding that this trend will continue as special servicers deal will lower-quality product.

The overall dollar volume of distressed transactions more than doubled since midyear 2009, coming in at over $2 billion at midyear 2010, while overall apartment sales volume went from $9.7 billion to $14 billion during the same period. The overall increase in distressed volume is not an indicator that the overall market is weakening,” said Thompson. “Distressed product still accounts for a small percentage of the market, and this is evidenced in cap rates.” After rising substantially from 2007, average cap rates have started trending down over the past 12 months.

With the spread between caps and 10-year treasuries at 470 basis points—compared with 90 basis points in 2007—some investors have decided that now is the time to buy. Public REITs, institutional investors and equity funds, which accounted for 13% of all apartment buyers last year, have tripled their activity since then to 36% of buyers. Meanwhile, private buyers went from having an 81% share to 60% at midyear.

“People are getting ready for the next bull run in multifamily, and that’s a good indication of what’s ahead,” said Thompson. The timing of that run, however, is up for debate as the lack of job growth continues to hamper a recovery. Pragmatic conservatism, or uncertainty, is holding companies back. “US businesses have the capacity to expand, but they just don’t have the will to do it.” Yet with the November elections around the corner, a change in the direction of policy, he said, could do a lot to impact demand and growth.


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Are Economic Conditions Improving in NoCo?

Thursday, September 2, 2010

From NCBR

Without a doubt, Northern Colorado's economy is looking up.

But people out of work and seeking a job may not agree quite yet. Keep in mind that employment is a lagging indicator; employers don't start hiring again until it is clear that the economy is recovering and that it won't fall back into recession.

Nationally, the economy may well fall into recession again. Or, alternatively, we may have two or more quarters of non-consecutive negative GDP growth which won't meet the official definition of a recession. Recovery from this recession is definitely weaker than recoveries from past recessions.

Economic conditions in Northern Colorado are not that uncertain. We have large employment additions on the horizon from Leprino Foods, Vestas Wind Systems, Abound Solar and other employers, including in the tech sector. There are many smaller businesses that are growing their workforces, as well, and the secondary employment impacts will be at least as great as the primary workforce additions. The basic driver of any economy - employment - looks bright in Northern Colorado.

Let's take a look at how 2010 is shaping up, compared to 2009, in Northern Colorado.

Employment
Employment (by place-of-residence, through May, the latest available data), the lagging indicator, is still below 2009 levels: 270,800 versus 274,400. This is 3,600 fewer employed persons, a 1.3 percent decrease from 2009. But looking at year-to-date through May, Northern Colorado has 7,587 more employees this year compared to a 2,636 increase during the same period in 2009. The January-through-May change in employment has been 188 percent greater in 2010 than in 2009. This is a very positive sign for the economic vitality of our economy. I expect greater employment growth to continue into the fall and the winter slowdown to be much less drastic than in 2009.

Construction
Although through July residential construction was up from 2009, the total value of construction put in place in Northern Colorado is down 20.7 percent in 2010. This is primarily because of a decrease in large commercial projects and expensive residential homes. The decrease in the value of this statistic is a big drag on economic recovery in Northern Colorado.

Motor vehicles/sales tax accounts
Motor vehicle registrations are up 1.7 percent through July: 382,941 this year compared to 376,661 for the same period last year. This increases the demand for fuel, maintenance and repairs and provides other secondary boosts to our economy.

New and renewed sales tax accounts through July are 6.7 percent higher in 2010 than in 2009: 3,036 compared to 2,845. Small business entrepreneurs are decidedly more optimistic about economic conditions in Northern Colorado than they were in 2009. This is a very strong indicator of the future health of the retail sector and the outlook for holiday season sales.

Housing permits
Single family residential housing permits issued through June in Northern Colorado were 47.8 percent greater in 2010 than in 2009: 751 compared to 508. This was primarily due to the federal government's homebuyer tax credit, indicating that the program was very successful. The secondary effects on retail sales were also probably significant as many buyers spent most of the $8,000 credit on furnishings, landscaping and other expenses related to moving into their new home.

The danger, however, is that the tax incentive just borrowed sales from the future; sales that occurred sooner rather than later just because of the tax credit. Recent discussions I have had with real estate agents indicate that the tax credit probably did borrow substantially from future sales since home sales have declined rapidly in the last three months. The quicker boost, however, may have saved some bankruptcies as the spending effect worked its way through the economy.

Lower interest rates are also encouraging homeowners to refinance their mortgages. Some of these mortgage savings will be spent, further boosting the retail sector of our economy and, perhaps, staving off some foreclosures and/or bankruptcies.

Retail sales
Retail sales through May were 4.8 percent higher in 2010 than in 2009: $4,778,677,000 versus $4,561,926,000. Thus, many of the positive changes delineated above are being observed in retail sales, an effect I think will continue through the rest of 2010.

We can safely say that economic conditions are improving in Northern Colorado. The rebound from recession is progressing steadily, faster than the national economy but not fast enough to revive dangers of another bubble. Inflation will not be a problem for another couple of years and home prices should continue a slow recovery after the post-incentive slowdown in sales activity.

John W. Green is a regional economist who compiles the Northern Colorado Business Report's Index of Leading Economic Indicators. He can be reached at jwgreen@frii.com.


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Terrix Apartment Financing Rates 08/31/10

Tuesday, August 31, 2010

So far in 2010 we have closed 10 apartment loans totaling approximately $48,000,000, and we have a few in closing right now.

Below are today's rates for select apartment loan programs.

Loans ~$3,000,000+
5/30 3.93% non recourse
7/30 4.30% non recourse
10/30 4.67%% non recourse
70-80% LTV, cash-out okay, non recourse, assumable, can do supplemental financing in future to leverage back up for a buyer (combined with the assumption this avoids the prepay penalty)
Subtract ~20 bps for less than 65% LTV and 1.35+ DCR

Loans ~$1,000,000 to $3,000,000+
5/30 4.25%
7/30 4.60%
10/30 4.99%
70-80% LTV, cashout okay
for less than 65% LTV and 1.35+ DCR - subtract ~20 bps and non-recourse may be available

We also have other options for low leverage loans, loans that don't restrict secondary financing, no prepay, etc.

The loan programs above are also available for high quality mobile home parks (add 5-10 bp to the rate, however).

Please call me with your financing needs - or if you just have questions about the state of the debt market.

Brandon Rogers
Principal
Terrix Financial Corporation


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Non-Tax Reasons for a Like-Kind Exchange

IPX 1031

Most real estate investors are familiar with 1031 exchanges, which permit an investor to defer the payment of capital gain taxes upon the sale of qualifying investment property so long as they acquire like-kind replacement investment property. Many investors only consider the tax reasons for a like-kind exchange. That is, the deferral of taxes and the ability to fully reinvest the equity into the new investment property. However, there are many additional reasons an investor might want to exchange one property for another. Because of the broad definition of what is like-kind real property, investors are given considerable flexibility in changing the type or location of their real estate investment. The following are some typical non-tax motives to exchange:

· Exchange from fully depreciated property to a higher value property that can be depreciated.

· Exchange from a stagnant or slowly appreciating property to a property in an area with greater appreciation potential, i.e. reposition their assets.

· Exchange from non-income producing vacant land to improved property to create a positive cash flow from the rental income.

· Exchange from a property with maximized or minimal cash flow to a higher cash flow property to generate a larger cash flow.

· Exchange for a property or properties that may be easier to sell in the coming years.

· Exchange to meet location requirements. For example, a person moves to another state and wants to have their investment property nearby for management purposes.

· Exchange to fit the lifestyle of a person. For example, a retiree may exchange for a property requiring reduced management responsibility so they can do more traveling.

· Exchange from several smaller properties to one larger property to consolidate the benefits of ownership and reduce management responsibilities.

· Exchange from a larger property to several smaller properties in the same or different localities to diversify investment and possibly reduce risk. Exchanges can also be used to divide an estate among several children.

· Exchange to a property the client can use in his or her own profession. For example, a doctor may exchange from a rental house to a medical building or office condominium to use for his or her practice.

· Exchange from a partial interest in one property to a fee interest in another property.

· Exchange from a management intensive fee interest in real estate to a professionally managed triple net leased property.

· Exchange from an older property in need of repairs and/or system replacements to a newer property with more efficient and/or reliable systems.

· Exchange from one property owned free and clear to two or more properties with loans using leverage to acquire more investment properties and thereby increase income and/or appreciation potential.

This is not an all-inclusive list. The potential beneficial (and legal) uses for §1031 exchanges are often limited only by the imagination of investors and their advisors. As with any tax or estate planning, it should be done only after consulting with a tax and/or legal advisor to ensure the investor’s goals will be achieved by the §1031 exchange. An exchange can and should be just another tool of the intelligent real estate investor to acquire and preserve wealth.


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What's Driving Multifamily's Improvement? (GlobeSt.com)

GlobeSt.com

Jobs,jobs, jobs. Commercial real estate is all about jobs. And particularly the multifamily sector—after all, you can’t pay your rent if you don’t have a job.

But in this cycle, the housing market has also had an impact on multifamily fundamentals, as a favorable mortgage market led more households our of the rental pool in favor of buying. That is, until the credit crash two years ago.

In recent months, apartment fundamentals have been steadily improving, even as property segments continue to suffer. The national vacancy rate for rental multifamily buildings with five or more units, according to the US Census Bureau, has declined from 11.1% at the end of the third quarter 2009, to 10.7% at year-end 2009, to 10.6% in both the first and second quarters of this year. And the National Multi Housing Council’s Market Tightness Index, which measures vacancies and rental rate increases for apartment assets nationally, has been on a steady rise. The figure has gone from 20 in July 2009, to 31 October 2009 to 38 in January 2010, and then skyrocketed to 81 in April 2010 and 83 this past July.

So what’s behind the improvement? On one hand, the employment market is improving, albeit modestly. The national unemployment rate, as per the US Bureau of Labor Services, hovered around the 10% mark for the entire fourth quarter of last year, remained steady at 9.7% in the first three months of the year, ticked up slightly to 9.9% in April 2010 and dipped to 9.7% in May before settling in at 9.5% in both June and July.

By the numbers, there’s definitely been a bit of improvement. Anecdotally, too, the employment situation has improved. The Wall Street Journal was among a number of publications that have reported firms’ difficulty in hiring new employees for open positions, even in those markets with high unemployment. Even we are having difficulty finding a qualified candidate to fill a position that’s been open for over a month. I hear similar stories from colleagues at other companies as well.

Then again, the unemployment rate has only declined only marginally.

Another possibility is the housing market. Sure, the tax credit spurred some households to buy properties, but the mortgage market is still tight. Further, modifications have kept foreclosures at bay and housing prices have declined to such low levels that homeowners looking to sell are holding tight until conditions improve. The national homeownership rate has hit its lowest point in several quarters, 66.9% at midyear 2010. That’s a decline of 50 basis points from 12 months prior.

Again, a mere fractional decline.

So what’s spurring the improvement in multifamily? Is it jobs? Is it deteriorating fundamentals in the housing market? Both? Neither? Or have the statistics not caught up with reality yet?


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Realtec 2010 Q2 Apartment Market Report

Thursday, August 26, 2010

Northern Colorado Apartments Continue to Outperform

On the eve of the State’s second quarter 2010 vacancy and rental report, the apartment market in Northern Colorado continues to show that it has weathered the storm better than most. Yes, you should still expect vacancy numbers to climb due to summer break for Colorado State University and the University of Northern Colorado. However, don’t expect to see a dip in rental rates. Most areas of this northern market have been able to maintain consistent rents or even bump them marginally. The primary focus has been on maintaining occupancy, improving operations and holding rents.

Apartment sales in Northern Colorado have picked up some steam as well. As of this most recent report, we have begun to include sales from 4 units and up, therefore, the comparison ... Click Here for the Full Report


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Terrix Apartment Financing Rates 08/04/10

Thursday, August 5, 2010

Rates are still incredibly low right now. Unbelievably low.

Below are today's rates for select apartment loan programs - all loans are a case-by case basis.

Loans ~$3,000,000+
5/30 4.04% non recourse
7/30 4.53% non recourse
10/30 4.96%% non recourse
70-80% LTV, cash-out okay, non recourse, assumable, can do supplemental financing in future to leverage back up for a buyer (combined with the assumption this avoids the prepay penalty)
Subtract ~20 bps for less than 65% LTV and 1.35+ DCR

Loans ~$1,000,000 to $3,000,000+
5/30 4.35% non recourse
7/30 4.80% non recourse
10/30 5.15% non recourse
70-80% LTV, cashout okay
for loans less than 65% LTV and 1.35+ DCR - subtract ~20 bps

Recent apartment loan commitment:
~$8,500,000
10/30
non-recourse

We also have other options for low leverage loans, loans that don't restrict secondary financing, no prepay, etc.
The loan programs above are also available for high quality mobile home parks (add 5-10 bp to the rate, however).

Brandon Rogers


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I Sold My Investment for a Loss and Still Owe Taxes??

Thursday, July 29, 2010

from IPX1031 July Newsletter (www.ipx1031.com)

This statement results from having "phantom income"; that is, taxable gain but no cash to pay taxes with. Sometimes in a flat or down market, investors do not properly consider the tax consequences of a sale. As a consequence, they experience a terrible surprise when their CPA gives them their tax returns to sign and file.

Capital gain is the difference between the net sales price of a property and its tax basis NOT the difference between the net sales price and its purchase price. The tax basis of a property starts as the purchase price of the property adjusted by the costs of purchase (non-recurring costs of purchase paid by the purchaser, such as recording fees, commissions, etc.). However this figure changes over the time the property is owned. It is increased by capital improvements to the property; things that add value to the property and cannot be expensed such as the cost of a garage added to a rental home. The tax basis is reduced by accumulated depreciation taken on the property. Remember that depreciation is mandatory and the failure to take it on an investment property can lead to another unpleasant surprise; that is, paying depreciation recapture tax on what could have been deducted!

Let’s assume that you purchased a property five years ago for $260,000, put $5,000 of capital improvements into it and took about $36,000 in depreciation deductions. Your tax basis is $229,000 ($260,000 + $5,000 - $36,000). If you sell it for $250,000 ($10,000 less than you paid) you will have a capital gain of $31,000 (the sales price of $250,000 minus the tax basis of $229,000). Accordingly, it is very important to know what your tax basis is in a piece of investment property to avoid the “April Surprise”.

It is even more important if you did a 1031 exchange into the property being sold. In a 1031 exchange the capital gain tax is deferred which allows an investor to reinvest ALL of the equity (to generate income for the investor) rather than just the after-tax equity. However, putting it very simply, the tax basis from the old investment property (relinquished property) is transferred to the new investment property (replacement property).

To illustrate how investors fall victim to the April Surprise, let’s take the following example. Last year you sold a rental home you owned for many years for $200,000. You did a 1031 exchange and your CPA properly transferred its $100,000 tax basis to your new investment property. After a year you have been unsuccessful in finding a suitable tenant and you sell the property for $190,000. Conventional wisdom would say you do not owe any tax because you sold it for a $10,000 loss, right? WRONG. You have a capital gain of $90,000! Your sales price was $190,000 but your tax basis is $100,000. Between federal and state taxes you will probably owe between 25 to 30% of the gain in taxes ($22,500 to $30,000).

Is this result inevitable? No. You should do a 1031 exchange. By doing an exchange you can avoid paying taxes on a gain with money you do not have. In summary, it is extremely important that you have an open dialogue with your CPA to avoid the “April Surprise”.

When you choose IPX1031® as your Qualified Intermediary, you can be confident that your exchange will be handled expertly and that your funds will be safe, secure, and available when needed. Please call us when we can be of service, or if you have any questions.


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Terrix Apartment Financing Rates 07/28/10

Wednesday, July 28, 2010

Rates are still incredibly low right now.

Below are today's rates for select apartment loan programs - all loans are a case-by case basis.

If you have any clients who bought a property for a long term hold and have a balloon coming up in the next 2 years - now is the time to lock in a nice 10 year fixed rate. Please let me know if I can help.

Loans ~$3,000,000+
5/30 4.30% non recourse
7/30 4.76% non recourse
10/30 5.15% non recourse
70-80% LTV, cash-out okay, non recourse, assumable, can do supplemental financing in future to leverage back up for a buyer (combined with the assumption this avoids the prepay penalty)
Subtract ~20 bps for less than 65% LTV and 1.35+ DCR

Loans ~$1,000,000 to $3,000,000+
5/30 4.6%
7/30 5.0%
10/30 5.4%
70-80% LTV, cashout okay, non-recourse may be available
for loans less than 65% LTV and 1.35+ DCR - subtract ~20 bps

Recent apartment loan closing:
$18,000,000
5.74% 10/30 non-recourse

We also have other options for low leverage loans, loans that don't restrict secondary financing, no prepay, etc.
The loan programs above are also available for high quality mobile home parks (add 5-10 bp to the rate, however).


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Terrix Apartment Financing Rates 07/13/10

Tuesday, July 13, 2010

Rates are incredibly low right now.

Below are today's rates for select apartment loan programs - all loans are a case-by case basis.

Loans ~$3,000,000+
5/30 4.44% non recourse
7/30 4.89% non recourse
10/30 5.20% non recourse
70-80% LTV, cash-out okay, non recourse, assumable, can do supplemental financing in future to leverage back up for a buyer (combined with the assumption this avoids the prepay penalty)
Subtract ~20 bps for less than 65% LTV and 1.35+ DCR

Loans ~$1,000,000 to $3,000,000+
5/30 4.71% non recourse
7/30 5.13% non recourse
10/30 5.48% non recourse
70-80% LTV, cashout okay
for loans less than 65% LTV and 1.35+ DCR - subtract ~20 bps

Recent apartment loan closing:
$18,000,000
5.74% 10/30 non-recourse

We also have other options for low leverage loans, loans that don't restrict secondary financing, no prepay, etc.

The loan programs above are also available for high quality mobile home parks (add 5-10 bp to the rate, however).

Brandon Rogers
Principal
Terrix Financial Corporation
1777 S. Harrison St., Suite 301
Denver, CO 80210
www.terrix.com


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Widespread Improvement in Market Conditions

Tuesday, May 11, 2010


NMHC Quarterly Survey

The apartment market continues to rebound from the "Great Recession" according to NMHC's latest Quarterly Survey of Apartment Market Conditions.

Sales volume is up, debt and equity are more available, and markets are tighter, according to respondents.

For the first time since October 2005, all four survey indexes recorded better market conditions than three months ago. Indexes for both sales volume and equity financing registered all-time highs. The biggest improvement came in market tightness, which jumped from 38 to 81.

Of course, a sustained recovery in the apartment market requires a firm economic and demographic foundation. In the near-term the industry’s prospects still depend upon a stronger rebound in both the job market and household formation.

The full survey results, including a downloadable Excel spreadsheet, are available at www.nmhc.org/goto/5756.

A press release summarizing the survey is available at www.nmhc.org/goto/5757.

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Fort Collins Dodged a Bullet: Rental Licensing

Thursday, May 6, 2010


At the last city council meeting in Fort Collins (May 4, 2010) the rental housing industry in town dodged a bullet. Many neighborhood activists (and some council members) were strongly in favor of instituting a rental licensing program to help regulate the industry. In the end, everyone compromised and the city council voted to require rental owners to fill out an Occupancy Disclosure Form for each lease signed and then have it either notarized or electronically recorded (see definition in the last post to this blog "Fort Collins Passes Changes to Occupancy Ordinance") at the time of lease execution.

The bullet dodged came in the form of rental licensing. This regulation mechanism would allow the city to level the playing field in many ways, but it also allows them to impose their beliefs into the industry. The alarming reality of this regulation is being played out in Boulder, Colorado right now. We have been following this "movement" for some time and the latest imposition is spelled out in the following Boulder County Business Report article titled "Council to discuss green rental codes in May".

Like Boulder, the City of Fort Collins City Council is weighted in favor of environmentalism. While Environmentalists believe ALL of their desires are beneficial, they rarely take into account the affect on the economy which is vital to the execution and capability of employing smart environmental changes. Both cities are utilizing their Climate Action Plans as the foundation for other decisions.

Please note the lines in the BCBR article that states "City officials are targeting existing rental housing first because a licensing system is already in place - providing an easy conduit to enforce the green mandates. Residential landlords are required to obtain or renew a rental license from the city every four years."


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Fort Collins passes changes to Occupancy Ordinance

Wednesday, May 5, 2010


May 5, 2010 - FORT COLLINS. Last night the Fort Collins City Council voted 5-2 in favor of changes to the Occupancy Ordinance for rental properties. The major items include:

* Every lease shall have the Occupancy Disclosure Form signed and dated by all parties and either 1) notarized or 2) electronically recorded

* A copy of the Occupancy Disclosure Form shall be kept at the property

* If property is multi-family, copy can be kept with on-site manager or on-site office

* Lease renewals with all the same parties do not need to sign a new Disclosure Form

A motion was made to include an occupancy statement or form as an addendum to the lease, but was shot down by a 5-2 vote of the council.

Electronic recording shall mean a record created, generated, sent, communicated, received or stored by electronic means and reproducible in a physical document. Examples given during the meeting were fax, email, copy with date stamp, scan with date stamp.

You can find out much more about the occupancy ordinance at the City of Fort Collins' website - CLICK HERE


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