In the real estate business, when plans don't work out likeexpected and various parties of the first part are involved withvarious parties of the second part you know that lawyers will begetting in on the action. The tangled webs of mortgagesecuritizations and credit default swaps whipsaw some investors whomay be overleveraged in lagging markets. Developers and theirlenders start to get more nervous as buildings come out of theground and leasing falls short of projections. Money partners startto grumble. Project meetings turn more serious and reflective:Tight looks and folded arms replace backslappingbonhommie.
During the last commercial real estate downturn, the circa 1990market implosion, it was quite amazing to see business"friendships" torn abruptly asunder over various contractcovenants, albeit exposure in some cases to tens of millions ofdollars or more. Suddenly John or Jimmy or Tex "my good friend andbusiness visionary partner" turned into "that s.o.b. who we "shouldsue into the ground." In the mid-1990s aftermath, the wisdomfloated among institutional investors was to avoid joint ventureswith developers, "who were only in it for themselves."
Well, time helps people forget and changes the players. Inthe most recent cycle, joint ventures were called operatingpartnerships to make everyone feel better and money partners madesure that developers had "substantial skin the game" to aligninterests. But as everybody leveraged up to the hilt, substantialbecame less substantial even for the institutions. And the moneypartners--Wall Street bankers not insurance companies--were usingother people's money in the transactions while taking out plenty offees along the way.
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