Saturday, February 18, 2017

MONEY 113 - DIVIDE AND CONQUER


THIS IS MY 113TH BLOG ON UNDERSTANDING MONEY TOOLS

We’ll call this blog “divide and conquer”.  Actually, if you are in business or going to get involved in a new business this is a rather important blog with lessons most should find valuable.  During years 2008 through 2011 it was the first time since 1929 that the US financial system collapsed.  Banks were going under mainly because of loans to market value; the government made banks call in loans from customers to shore up ratios.

Loans today are still being called immediately due and payable, however more from a situation of one bank taking over another bank and not adhering to current loans in place.

Some of the information within has been covered in my previous blogs, but it doesn’t hurt to go over it again. I will also site one of a couple situations that happened to me, so that the information is accurate.  First is to learn that business is tough.  If you have money everyone will try to take it away from you whether it is legal or illegal.  Yes, there are tons of scams in the world today, but don’t you think banks, investment advisors, insurance companies, auto dealers, etc. want your money?  In 2008 I could sight many examples of banks calling in loans, taking over assets and then essentially giving the assets to wealthy people, the top 1%.  They always favor their largest depositors.

We will begin with what happened in my situation in 2008.  Briefly, a real estate land development. Very conservative with a CITI Bank loan of no more than 50% to equity.  We bought a 3350 acre ranch with cash to develop. 10 years of work. Approvals and studies almost completed with a start of 6600 quarter acre lots under contract with two major developers and a contract with one of the world’s largest hotel chains on 39 acres for a hotel and spa. Major golf designer under contract for 2, 18 hole golf courses. You  get the point; very nice and financially solid.  Then in 2008 CITI Bank called our loan due, although we were not nearly topped out on the loan nor was it due. At the time no bank would, or could under new government regulations loan money on private real estate land development.  After 10 years of work and with contracts in place we had two appraisals for $150 million net asset value, or 8 times the loan amount.  We fought the situation with a corporate Chapter 11 bankruptcy to buy time, however to no avail. Eventuallywe needed to file Chapter 7, and lose all our money.

Okay, that was the situation, what did companies learn from this and what are they doing now?  As noted, our loan was singular for the entire project.  Although we had good contracts in place, CITI Bank would not permit the division of any parcel of land for the possibility of paying down the loan.  I continue to do periodic work for the major production public home-builders and here is what they are doing.  They form a ton of “LLC” corporations under their main “C” corporation to protect their assets. As an example, the main corporation is the “holding” company, holding separate divisions.  Not only is each subdivision separate, but they may form separate LLC’s for land development, construction, sales, etc.  For instance if they are developing a 750 acre piece of land they may divide that parcel into 5 separate tracts, each being a LLC.  If they have problems such as a lawsuit, title issue, bank issue, or such it doesn’t stop the entire project.  You can use similar divisions with any type of company, perhaps adding different products to a line.   Bottom line, don’t lose your company by letting the banks over-encumber the loan, 125% loan to value is a norm.  You can refinance at various points of growth.  Don’t lose your company from placing your all assets under one company.

Protect your assets.   Divide and conquer.