Luxury Real Estate

By: Tony Illia
Courtesy of: Bruce Hiatt of Luxury Realty Group

Condo hotels see 'severe' downward drop in value as credit for mortgages disappears

Checks are in the mail for Cosmopolitan Resort Casino homebuyers. On Feb. 23, Clark County District Court Judge Elizabeth Gonzales approved a class action settlement refunding partial homebuyer deposits at the $3.9 billion, still under construction Strip development. The move essentially eliminates residences at the twin tower high-rise complex, on 8.5 acres, at 3700 Las Vegas Blvd., South.

"Many legal experts said a settlement agreement was unlikely, and I'm glad our fight paid off," said Marquis & Aurbach managing partner Terry Coffing, whose Las Vegas law firm represented 100 units. "The refund checks are scheduled to be cut in April."

The 490-unit East Tower settled at 68 percent of homebuyers' deposits, which ranged from $115,000 to $350,000 per unit depending on size and location. Attorney's fees were 7.82 percent of that amount. Escrow deposits typically represent about 20 percent of the final purchase. Homebuyers can opt out of the settlement before March 29.

The deal follows a similar action last year on Cosmopolitan's 1,322-unit West Tower, which returned 74.4 percent of homebuyer deposits. A court settlement ordered the owner to payback roughly $140 million. Marquis & Aurbach had represented owners of 430 units inside the West Tower, or 32.5 percent of the total building. A sold-out East Tower could generate $112 million or more in down payments. Homebuyers had claimed numerous breaches of contract, including unmet completion deadlines. Several lawsuits were eventually combined into a single case.

"Those units have to be 35- to 40-percent upside down. What is the catalyst to now close those units?" said Marquis & Aurbach associate Nick Crosby. "There isn't a credit market for condo hotels."

Cosmopolitan homebuyers have been scrambling to get out from underneath their purchases, as many face challenges securing mortgages amid a frozen credit market. It makes the project's plans for condominiums unlikely moving forward. Plans had called for two glass hotel-condo towers with a combined 3,000 units perched atop a multilevel retail, casino and entertainment podium.

Deutsche Bank AG, which bought the distressed property during a foreclosure sale in 2008, recently wrote down the project value by $103 million. It marks the second write-off in less than a year for the Cosmopolitan. The development is tentatively scheduled to finish construction in December. Perini Building Co. is the general contractor, with Related Cos. the project manager.

Calls to Deutsche Bank spokesman John Gallagher for comment were not returned by press time.

Luxury condominiums are being valued differently today than a few years ago during the real estate boom. Rising unemployment and a deepening recession are fueling more widespread financial conservatism, as once bullish investors delay, defer and cancel large capital expenditures. It has largely seized condominium sales, say industry observers.

"It's probably the most dramatic property drop we have ever seen. We are starting to see 30 percent drops in condo hotel prices. The downward trend has been quite severe. It appears Las Vegas has not yet reached bottom for the hotel condo market," said Bruce Hiatt, owner of Luxury Realty Group Inc., a Las Vegas-based high-rise condominium brokerage company. "Today's buyer is much more aware of the current resale marketplace and those price points, which are very different from what they were a few years ago."

PROJECTS

Las Vegas Paving Corp. recently broke ground on a $246.5 million I-15 widening project from Tropicana Avenue to just south of Silverado Ranch Boulevard in Las Vegas. The design-build project will widen the freeway, add collector-distributor roads and redesign five interchanges. Other work calls for 26 new bridge segments, 35 miles of retaining walls and 1.5 miles of sound walls. The job will employ 70 designers and 300 people during the peak of construction activity. The Las Vegas Convention and Visitors Authority is providing $250 million in bond-backed financing. The project is scheduled to finish in March 2012.

By Jim Walberg
From his blog: Fannie Mae & Freddie Mac Bailed Out Today! Boom Or Bust?

“The Feds took over Fannie Mae and Feddy Mac today! Time will tell what happens next for East Bay Real Estate consumers and who will pay the bill, says Jim Walberg.

The Federal Government made their historic announcement today – a Federal bailout of Fannie Mae and Freddie Mac could not wait another day! The straw that broke the camel’s back was the liquidity condition of both of these mammoth financial entities. It is frightening to imagine that both of these companies own or guarantee about $5 TRILLION in home loans – about half of all the nation’s total home loans! And, we need to be reminded about my phrase, “Do not be fearful!” – False Evidence Appearing Real!

The plan that was announced today by Treasury Secretary Henry Paulson and James Lockhart, director of the Federal Housing Finance Agency, places the two companies into a “conservatorship” to be run by the Federal Housing Finance Agency. Under conservatorship, the government would temporarily run Fannie and Freddie until they are on stronger footing. “A failure of Fannie and Freddie would affect the ability of Americans to get home loans, auto loans and other consumer credit and business finance. And a failure would be harmful to economic growth and job creation,” Paulson said at a news conference today in Washington. With this bailout, the Feds have now made $200 BILLION available to them to shore up their liquidity issues. Again, this money is coming from the United States as an addition to the national debt.

The role of these two financial institutions is to buy mortgage loans from banks and package those loans into securities that they either hold or sell to U.S. and foreign investors. This allows national banks like Wells Fargo Bank and Bank of America to make more loans. The problem affecting the mortgage meltdown has hit Fannie Mae and Freddie Mac VERY hard! The past 12 months have seen an alarming number of their loans started going into default, emptying out the companies’ financial reserves and sending ice through the veins of the credit markets around the world. Costs have skyrocketed and the Feds could not wait another day by placing them into a conservatorship. The Treasury Department is now guaranteeing the solvency of these two lenders. That means that YOU and I are the ones guaranteeing the loans because more money is just going to be printed to bail them out.

With this bailout, mortgage rates on conventional, 30-year fixed-rate loans are expected to fall by the end of September. If the mortgage interest rate falls for home loans, it should attract more buyers into the market, which would then have a positive effect on home prices. However, Greg McBride, a senior financial analyst at Bankrate.com, did say, “Continued investor wariness and a depreciating housing market may keep rates from dropping. We are not looking at sunshine and daffodils in the housing market anytime soon.”

Paulson stressed that both Fannie and Freddie are still in business and will have a new management team. Freddie CEO Richard Syron and Fannie CEO Daniel Mudd will no longer run the companies, with the FHFA taking over control of their boards. Syron and Mudd will be replaced by two market veterans with the job of restoring the mortgage agencies to a profitable condition. Herb Allison, the former chairman and CEO of pension provider TIAA-CREF, will head Fannie Mae. Allison formerly served as president of Merrill Lynch. David Moffett, who served as vice chairman and chief financial officer of U.S. Bancorp until early 2007 and then joined the Carlyle Group private-equity firm as a senior adviser, will take over Freddie Mac.


Federal Reserve Chairman Ben Bernanke, who led the efforts to help get the U.S. housing market and the broader economy back on track, applauded the decision by Lockhart and Paulson. “These necessary steps will help to strengthen the U.S. housing market and promote stability in our financial markets,” Bernanke said in a statement. The real test will come when financial markets around the world open Monday. Pimco’s Bill Gross, a widely followed bond fund manager, said that the Freddie-Fannie plan was the right move. “This is a significant step and almost exactly what we had hoped for,” Gross told CNNMoney.com Sunday.

Time is always the judge of any decision, especially one of this magnitude. I am not a fan of ever increasing our national debt. Today it is already staggering without the additional billions required to support this bailout. Still, the rescue of Fannie and Freddie may go a long way towards bringing stability to the housing market while making it easier for consumers to obtain affordable mortgages. We will see. I look forward to your comments.


Editor’s Note:
Jim Walberg is the co-Broker/Owner of The Bay Area Team, the most-successful team at Keller Williams Realty-Danville. He is also a member of the global LuxuryRealEstate.com network. Jim is an exceptional blogger, as you can see by visiting his blogs, East Bay Real Estate and Caribbean Islands Realty, and reading his great blog entries like the one above. He is the master of fractionals and other luxury homes in the Bay Area and the Caribbean, and he always has a lot of great opportunities to share. This is a pretty scary time. It’s disappointing to see that things became so tough for these two institutions that they were unable to survive without government help. This definitely deserves some close scrutiny, and I hope that things will turn out all right in the end.