ROCHELLE PARK, NJ—Commercial real estate continues to be on an upswing, in general, but there are still underperforming properties in the market. Banks and other traditional lenders are back—but are they much of a factor? Sanford Herrick, founder and managing principal of Case Real Estate Capital, is a veteran of the industry with extensive experience working out distressed assets.

Based in Rochelle Park, NJ, Case is active as a high-yield private lender, a purchaser of sub- and non-performing debt, and an equity investor.

In this interview, Herrick addresses these questions and more – and looks to the future for a market that has been getting stronger.

Q: The last recession left a landscape of underperforming properties. Now that the market seems to be much improved, how's the market doing in terms of such properties?

A: The banks still have “problem children” on their balance sheets, such as those that are subject to litigation, which they would like to dispose of if possible. In many cases, capital costs are too high, or the borrower/developer didn't have the necessary capital or expertise to work out the problems. As a result, there is still a lot of product “hidden” on bank and institutional balance sheets. Much of that “hidden” part of the “iceberg” consists of smaller deals, and the banks tend to be notoriously slow about working things out, even in a market that looks and feels like it has been getting better for years. Their hope is that time will cure all ills.

Q: How much of a factor are traditional lenders and investors right now? Are they finally coming back into play as funding sources?

A: Yes, they are finally coming back, but the reality is that they're getting scared again. Simpler is better for the traditional banks.

Q: What's the typical profile of today's value-add property?

A: Because the market has been on such a long bull run since the end of the recession, each value-add property today has its own characteristics. And again, shortage of capital, the lack of expertise by some on the borrower/developer side, or a bank's unwillingness to add money to solve problems are among the classic problems the market continues to face.

Q: What markets are the best for value-add opportunities right now?

A: Our firm is very tied to the New York tristate area, as well as to Florida—the 'sixth borough.' We believe that there is sufficient activity here. I know that many of our competitors are going into secondary and tertiary markets, but that is not what our instinct is to do.

Q: What's the status of situational lending in the current market?

A: We're finding deals and would like to find more of them—and there should be more of them. There are people that are buying debt and looking for financing, and we would like to help finance them to give them the chance.

Q: In terms of traditional assets, how can risk be minimized going forward?

A: Among the factors that minimize risk are lower leverage, pre-leasing or substantial leasing, credit tenants, and a strong hand on the part of the developer.

Q: Industrial real estate has been a focus for Case—how is that sector doing?

A: In the Northeast and the New York metropolitan area, it's booming. For warehouse/industrial, this market and Los Angeles are two of the strongest markets.

Q: How do you view the multifamily market? Most people think it's pretty strong right now.

A: We've looked at multifamily and have indeed taken advantage of some opportunities in that sector. Right now, however, so many building permits that have been issued, and so much product is under construction that we're taking a bit of a wait-and-see attitude for the time being.

Q. Are you seeing opportunities in the retail sector?

A. Yes, we are. This month, we finalized a $20.5 million deal, purchasing two NPLs secured by a group of nine net-leased properties and simultaneously assumed ownership through a deed-in-lieu of foreclosure agreement. The transaction involves retail and industrial/warehouse assets in prime locations across New Jersey, New York, Connecticut and Massachusetts.

Q: How do you approach any opportunity? What's your process?

A: I answer the phone. I try to understand what is being requested and why it's being requested—that's on the situational lending side. Jon Leifer, our director-acquisitions, spends much of his time connecting with sources at banks and on Wall Street, as well as prospecting for new transactions. It's all a mix of personal relationships and responsiveness.

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