


"LandAmerica Financial has sent a notice to its 1031 exchange customers this morning informing them that it was terminating these operations. The problem, it said, was that a portion of the 1031 funds are invested in illiquid auction rate securities that it cannot access. “Our inability to sell or borrow against these securities have precipitated our decision to terminate operations,” according to the letter."
Click here for full article
This is huge news and will impact the investment real estate community significantly! Too bad Bounty can't clean up this mess...
What is a 1031 exchange?
A 1031 exchange is a simple strategy and method for selling one property, that's qualified, and then proceeding with an acquisition of another property (also qualified) within a specific time frame. Investors exchange properties to avoid paying capital gains tax on any gains realized from the sale of a property. 1031 exchanges are also known as a tax deferred exchange.
How does a 1031 exchange work?
In a 1031 exchange, the exchangor (seller) who has a realized gain never touches the funds once escrow is closed with the buyer. Instead, the money is held with a Qualified Intermediary (aka QI, accomodator, etc.) until an exchange property is identified. The exchangor has 45 days after the close of escrow of the sale to identify several properties as potential exchange prospects.
Theoretically, the QI should hold such funds in safe, interest bearing accounts such as money market or treasury funds. However, LandAmerica decided to get cute and invest in "illiquid auction rate securities". I'm not sure what these illiqid securities are, but just the fact that QI's were able to invest the exchange funds freely is ridiculous.
-ML
"LONDON -- Lack of financing and a deteriorating U.K. economy are forcing funds and real-estate investment trusts to boost cash flow by selling assets at rock-bottom prices."
The number of institutional asset sales have nearly doubled in 2008. English REITs have started selling assets at a discount to increase their equity positions. Increased liquidity is needed to address the implications of the current economic downturn as well as the redemption requests of investors. This trend will likely continue through 2009.
According to the article, British Land Company PLC (LON:BLND) has disposed of over US$1 billion of assets. It would be safe to assume that the "fire sales" will continue.
The problem of insolvency of REITs worldwide is starting to become apparent. Earlier this year, Australian REIT, Centro Properties Group (ASX: CNP), filed for bankruptcy protection to reorganize. Centro has until December 15 (approximately 2 weeks) to pay off a US$5 billion debt. If they are not successful in negotiating an extension, federal regulators will begin the process of taking back the 700+ retail malls owned by Centro.
I'm wondering when American REITs will start selling off significant chunks of their holdings. There is significant pain in all product types (office, industrial, retail, multifamily), but we have not seen any "fire sales" yet.
This is surprising considering the state some of these REITs are in.
General Growth Properties (NYSE: GGP), the nations former largest retail REIT, was well on the path about to file chapter 11. However, with Morgan Stanley (NYSE: MS) investing a 5% stake in the company (announced 5 hours ago), GGP might get the refinancing they need to stay afloat... for now.
Prologis (NYSE: PLD), the nations largest industrial REIT, has halted all construction. With significant vacancies looming in the horizon, investors are scared that they will not be solvent in the months to come.
Both GGP and PLD have seen over 90% declines in their market capitalization.
-ML