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2008 Real Estate Update Affordable Housing in Today’s Market. Mark To Market Restructuring Program. Mark to Market Restructuring Program. Created by the MF Assisted Housing Reform and Affordability Act of 1997 (“MAHRA”) Under HUD’s Office of Affordable Housing Preservation (“OAHP”)
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2008 Real Estate UpdateAffordable Housing in Today’s Market Mark To Market Restructuring Program
Mark to Market Restructuring Program • Created by the MF Assisted Housing Reform and Affordability Act of 1997 (“MAHRA”) • Under HUD’s Office of Affordable Housing Preservation (“OAHP”) • It’s goal is to ensure the availability of affordable housing at the least cost to the government provided that there is long-term economic and physical well-being of the property
Mark to Market Restructuring Program • Parties to the Transaction • Office of Affordable Housing Preservation (OAHP/HUD) • Participating Administrative Entity (PAE) – First Housing Development Corporation of Florida, Tampa, Florida • PAE Counsel • Owner • Owner’s Counsel
Mark to Market Restructuring Program • Parties to the Transaction – cont. • New Mortgagee • Existing Mortgagee • Title Insurer/Escrow Agent
Mark to Market Restructuring Program • When the Section 8 HAP Contract is going to expire, the Owner can elect to participate in M2M Program. • Owner Notifies local HUD Office • Elect option to reduce rents to market and restructure debt. • HUD Office notifies and forwards project to OAHP • OAHP assigns the project a Participating Administrative Entity (PAE); PAE notifies the Owner.
Mark to Market Restructuring Program • PAE coordinates and discusses with Owner the process overview, required documentation and the nine (9) month time frame in order to reach closing. • Owner starts submitting documentation and certifications to PAE in order to develop the Restructuring Plan for the project within the time frame requested (9 months). • The Restructuring Commitment is prepared by OAHP/PAE and sent to Owner for signature in order to close the transaction within sixty (60) days.
Mark to Market Restructuring Program • Owner must notify parties with ownership interest (General Partner and Limited Partners) and the existing lender of the debt restructuring. • Owner notifies tenants and other interested parties, holds tenant meetings. • PAE obtains a Physical Condition Assessment (PCA) and approval before the Restructuring Commitment in order to establish rents, critical repairs, reserves.
Achievements of a Full Debt Restructuring • Retire the existing debt with a restructured debt underwritten to a level that can be serviced by the property’s lower income once rents are reduced. • Renew HAP Contract for 20 years at market rent levels; can go to exception rents < 120% of FMR’s. • Fund replacement reserve.
Achievements of a Full Debt Restructuring • Fund insurance reserve. • Pay transactional costs. • Fund escrow for rehabilitation costs. • The restructuring will allow adequate cash flow to cover expenses, the debt service on the restructured debt, monthly deposits for future capital needs and a return to Owner.
Source and Use of Funds • Case Study • 152 units multifamily walk-up • Fund Sources:
Transaction Costs • Owner’s share of Transaction Costs was 20%. • Owner’s Cash Requirement $266,286
Transaction Cost – cont. • Owner is entitled to a Capital Recovery Payment (CRP) through payment or accrual of 180 monthly CRP’s, each in amount of $2,393. Annual CRP payment $28,721. • Owner may realize annual Incentive Performance Fees (IPF’s) in the amount of 3% of the Project’s Effective Gross Income. (2008 - $24,407)
Mark to Market Restructuring Program • Ana C. Pages, President Executive Homesearch and Realty Services, Inc. P.O. Box 19528 San Juan, PR 00919-5288 Tel. (787) 783-7122 Fax. (787) 783-0739 e-mail: apages@executivehomesearch.com