Monday, July 29, 2019

MONEY 172-B - MISTAKES I MADE


THIS IS MY 172ND BLOG ON UNDERSTANDING MONEY TOOLS
BLOG 172-B

Let’s look at demographics and making a living.  Millennials are moving to the socialistic Northwest.  They will find it harder than they thought to find a job, and more expensive.  Let’s take Phoenix area where I live.  For the past few years, after being eaten alive in 2007-10, it is one of the top areas in the country.  Sounds good except that it is very difficult to make good money.  Service jobs are plentiful, at low hourly rates.  Big money and corporations have moved in for my areas of expertise like real estate and development.  Unless you are a big corporation, or have multiple millions of dollars you have been pushed out of the market.  Sell real estate?  Nope.  Everyone has a license; about 90,000 licensed real estate agents in Arizona.  I have a friend who was a homebuilder who went out of business in 2007-2010.  He is now a professor of real estate and does consulting in Nevada, Colorado and South Dakota where he has developed a niche to make a living.  Point here is that what sometimes looks like a hot economy, will not let you in to make a living.

When going to work for a company, plan with management where you could go within the company, pay levels, type of retirement plans and benefits. Somewhat similar if you start your own company.  When planning and working on a pro-forma, also think about your exit strategy; are you building a business for your children to run one day, how many years you want to work, buy/sell agreements, keep the company private or try to go public, etc.  Are you planning enough cash flow and asset reserves for normal business cycles and downturns, which will occur?

Timing is all important for success, I don’t care if it is real estate, stocks, gold, diamonds, precious minerals, or sex…timing the markets is where you  will make money.  Here is another situation where timing moved away from me.  I put two farms together outside Milwaukee, Wisconsin, for a total of 200 acres and worked closely with the Wisconsin Department of Transportation on the western side of the city. The State purchased 65 acres from me for the 4 lane highway and overpass.  I did my permitting and land work along with the State. I controlled all four sides to the interchange and the 135 acres remaining.  My law firm at the time had big developers in mind for this land and wanted me to sell.  Two things stood in the way of this.  One, my law firm wanted 25% of the deal to sell it off at a very high price.  Two, I was a developer and thought I could get an extra multiple in value if I completed much of the fill, grade land work estimated to take 3 years.  In 2007 the highway opened, a lot of my work and expenses were out of the way, but The Great Recession hit and buyers disappeared.  I still sit with the land wondering what I could ever do with it.  Never saw the calamity coming.  Timing!  Buy low, sell high when times are good and before everyone else wants out.  Strike while there are buyers who will pay top dollar.

Here is another experience.  In 2004 I joined a small group of people to form a partnership to finance custom homebuilders in Arizona, mainly Phoenix area.  It was a 5 year limited partnership formed with $7.5 million, lending money short term at 11% interest.  We encumbered each piece of real estate with a “first” deed of trust.  One would think nothing bad could happen, and the managing partner had a solid 20 year track record.  What happened was The Great Recession in 2007.  By 2008 builders were walking from homes partially built and the lots we lent money on.  What made it worse was that the managing partner in 2005 borrowed an additional $1.5 million without the partners’ knowledge or voting approvals.  Things happen!  Our loan was called due and payable by the bank therefore we needed to sell our lots that we foreclosed on at a great reduction in price.  Ouch!  The partnership was to be terminated in 2009 (5 year term) and the US and banks were in terrible financial shape, especially Arizona real estate.  The partners, including myself, voted to continue the partnership.  The normal person thinks land and lots without debt are cost free, wrong.  You have real estate taxes, regular maintenance of the lots to meet city, county and regulatory standards like spraying of weeds, fill for erosion, etc.  Also, the managing partner needs to pay his corporate rent and employees maintaining records.  Move to 2019.  The partnership is still going.  The partners still get to vote each year to see if we want to continue the lending of money, and the vote is always a majority “yes”.  If you want to sell out, it is only permitted to an existing partner with approval, and usually at a 50% discount.  Do I need to say “ouch” more often?

Let’s talk encumbrances and collateralization of assets.  Take an example of being on the other fence of lending money.  When borrowing money the first question a bank or private party will ask is, “what do you own to collateralize this loan”?  Bottom line, try not to over-encumber the loan up to its value or up to 125% of value.  If you are improving a property and it goes up in value, have releases in writing from the original collateralization to bring that amount down.  Here is an example that happened to me.  I was a partner on a large ranch acquisition for development in Arizona; paid $15.5 million cash for the ranch.  We collateralized the operating loan with the entire property.  Over 7 years we did considerable work, and had major contracts in place to close once our work was completed; 1800 quarter acre lots with major home builders and a 39 acre parcel with Westin/Marriott Hotels.  The project was approved for 6600 lots plus custom lots, once 2 golf courses were laid out by Nick Faldo. The land work was to take another 2 years, to meet contracts.  2007 rolled around and Citi Bank, our lender, called the loan due and payable immediately.  We had two appraisals by outside companies and both came up with a net asset value of $150 million…serious money!   We requested Citi Bank to separate out some of the land under contract, they would not.  Two passive partners bought out the loan, and then foreclosed on us.  (We had paid these two partners 1% of loan amount at time of loan with Citi Bank to guarantee the loan, for a lower rate of interest and limit our personal liabilities.)  We went to court and lost.  In hind site we should have hired our planner first, as we had the financial capabilities, then taken the ranch and divided it immediately into several parcels before borrowing money.  In today’s world set up separate legal entities for each subdivision.  Also, form a separate corporation for the land development and the construction/builder group.  In the end everyone lost. Once our corporation went Chapter 7, the new land-owners lost everything we had completed from planning to approvals for water and sewer taps.  City and county development and building codes also change over time.

One last point to make.  Try not to do business with family members, unless there is no option.  My brother came to me for a loan in 2004 for $100,000.  What I did was permit him to borrow that amount on my home in Milwaukee as a line for credit.  The home was worth three times that, and free and clear of debt.  M&I Bank was willing to do this if I signed a letter authorizing the loan and my brother holding an interest in the property they could encumber.  I thought safe enough.  As it turned out, once M&I Bank was sold to Harris Bank in Chicago, and M&I loan documents were no longer accepted by Harris Bank.  The loan of $100,000 was called immediately due and payable.  I wasn’t informed a thing until I was served foreclosure papers; no one kept me in the loop.  Bottom line here is what starts out sounding low risk can turn into something major.  In addition my brother had a large “judgment” loan against him by another bank.  In court Harris Bank was permitted to “Piggy Back” the loans, and I lost my home and entire value.

I could write quite a bit more, but I hope you learned a few things from this blog.


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