My Photo


  • Get 'The Report' by email
    HTML Text

Allies in Action

May 2009

Sun Mon Tue Wed Thu Fri Sat
          1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31            

Twitter Updates

    follow me on Twitter

    May 08, 2009

    Attitude

    Long time everyone!  I took a year hiatus and now I'm back.

    So, here we are -- in the middle of what most people would call a recession (even though the economists humorously still can't agree on whether to call it a depresssion or a recession or just a slow down -- who cares what you call it anyhow?  What people really want is a recovery, regardless of what name we attach to the malady!).  How are you dealing with it?  Are you staying grounded and consciously choosing to keep your energy positive?

    The last year has been the greatest year of my life in many ways and also the most humbling.  Humbling because I went into this last development cycle with insufficient cash to ride out this storm and had no idea the capital markets would seize up this severely.  I freely admit it.  Unlike most of the talking heads in the popular press who all claim they saw it coming, I did not.  Tell you what, if I really knew what was coming, I would have known exactly what stocks and what financial instruments to short and I would be writing you from the Bahamas with a cigar in my mouth.  Instead, I lost 99% of my financial net worth on a current mark to market basis.  But the game isn't over, so don't count me out.  And don't count yourself out either if you have taken a big hit in your financial holdings.  Note that I said "financial net worth" and not "net worth" above.

    One of the most crippling effects of this environment, is the fact that many people start allowing their personal and emotional net worth to sag, due to losses and due to the increased negativity in the air.  Many friends have mentioned that to try and combat this, they are refusing to watch TV news and have stopped reading the newspaper.  That is a good start, but we all need to be vigilant and be prepared to do much more than just look askew.

    It is vital that we keep a positive attitude and not let this turn in the economy get us down.  The fact is that from an investors' view (forget whether you have money to take advantage of it right now, since raising this as a perpetual excuse gets old quick) -- this is one of the best possible markets we have seen in decades.  It is time to celebrate!  It is time to adjust to the new reality and hunt the opportunities that are specific to this market and go for it.

    Above all, we are all responsible for how we invest our emotion.  We all have emotion and we all invest it daily, whether we are aware of it or not.  It is absolutely vital that in this time of great change, which will for many people involve some setbacks, that we remain vigilant and monitor our internal voice.  Choosing a positive and determined attitude can admittedly be difficult sometimes -- it is tempting to vent and focus on the hardship, but doing so produces no reward. 

    With effort, you can choose a mindset that will both make you feel better and help you attract the kind of people and situations that will enable you not just to survive, but more importantly, to thrive in times like these.  In fact, I would argue that if you are just thinking about surviving, you are limiting yourself.  I would encourage you to bravely commit to focusing on how to thrive, no matter how difficult that may seem.

    Think about Lance Armstrong.  When he was in the hospital, dealing with the (hair) fall out from the violent effects of chemo and being given no clear assurances that he would even live, what was he doing?  Was he thinking about surviving?  Would he have won the next Tour de France if all he was focused on was surviving?  Heck no.  He was thinking about winning the next Tour de France, as absolutely unlikely and proposterous as that was to most people!  I have heard from more than one person that he can be a difficult person, arrogant, and the like, but even if that is true, I respect him deeply for his inner conviction and his courage to focus on the positive and for his decision to invest his emotions in high reward thoughts.  We can all learn from his example.

    And regardless of whether you or I win the next Tour de France, I can assure you that we will be much more fun and interesting people if we commit to the best possible outcomes and enjoy whatever the consequences, than if we simply sit on our hands and endlessly analyze all the things that are difficult, frustrating and unfortunate about the current situation.

    I challenge you to pick a personal target and attack without surrender.  And do not let anyone else tell you whether it is realistic or not.  Just keep focused and keep going.  Believe you can do it and you just may surprise yourself.  Right now, more than the capital markets, attitude means everything.

    Make It Happen!

    Stefan

    Mar 17, 2007

    Real Estate: Thumbs Up or Down?

    The Whitwell Report is back!

    What is going on with U.S. real estate?  Everyone is asking!

    This is getting a lot of press in newspapers for the reason that individual and institutional investors have increased their real estate investment activity in the last five years – in some sense, and for some people, this is the drug that replaced tech-stocks-injections.

    Why all the sudden jitters?

    First, there has been a lot of negative publicity focusing on “sub-prime loans.”  In addition, there have been many articles about the slowdown in singe family home purchases, which in turn is having a dramatic effect on the financial performance (and stock prices) of the major national home builders.  Doom and gloom.

    Second, at the institutional level, concerns are arising because of how low “cap rates” have gotten.  Most notably, we saw the multi-billion dollar purchase by Blackstone (major private equity player) of Equity Office (Sam Zell’s commercial office REIT) at a price that reportedly was just slightly more than a “5 cap.”  One of my companies sold a 35 year old apartment building last year at a price that I would never pay.  Why are people paying these high prices?

    Let’s address these topics one by one and start with the punch line: the U.S. is way too big to refer to it as a ‘single market’ as in “the U.S. real estate market is [insert adjective please]”.  Some markets (Ft. Lauderdale) are having issues and others (Austin) are doing great.  Remember the real estate phrase “location, location, location” – well it is true. 

    The discussion also needs to be specific to the type of real estate in a particular market.  For example, Ft. Lauderdale condominiums may be a weak due to overbuilding but retail there may be doing well on account of the increasing population. 

    Whitwell Rule:  smart investors focus on specific areas and product types in deciding what is going well and what is not – (instead of USA Today headlines).

    Let’s jump into some of the specific discussions taking place in the press.

    First, is “the real estate market” at risk because of the single family home slowdown?

    Not in my opinion.  First, some of the markets (like Phoenix) which have experienced a recent slow down are not systemically at risk.  The builders overbuilt relative to current demand and not surprisingly prices have retreated.  The fundamentals in Arizona still look good, people continue to enjoy living there and more people are moving there by the week, so we know the excess inventory will be sold.  This will cause pain, yes, because mortgage brokers, real estate brokers, builders, closing attorneys, title companies will all make less money this year than they were planning and although it will be disappointing for them to readjust expectations, this does not constitute a national real estate crisis.

    Second, some markets, like California, are experiencing issues for slightly different reasons.  California continues to benefit from being a desirable place which has limited supply.  This is, in fact, one of the problems – California has experienced such crazy appreciation the last seven years that many people in California could not afford to purchase the homes in which they live today.  In California, this is compounded by the fact that a large percentage of home purchases in the last three years have been financed using high leverage (90-100% of purchase price) loans, negative amortization loans (loans where the balance increases each month to offset low minimum payments) and interest only loans.

    Will these over-extended loans cause pain?  Yes.  Were some of the borrowers duped into these loans by aggressive mortgage brokers who thought everything would be fine since California real estate ‘always goes up’ (cough, cough)?  Yes.  Are borrowers totally innocent?  No.  Borrowers need to own the fact that they did not read or think about the fine print and that they were speculating with bank money.  Will there be a lot more articles about these issues in the coming months once the foreclosures increase?  Absolutely.  Does this constitute a national real estate problem?  No.

    Third, just because some of the national home builders are getting hurt, this does not mean that the entire construction business or the broader economy is in trouble.  There has been so much wealth created in the construction business the last ten years that there would have to be a prolonged period of substantial losses among all of the construction companies before it would become a national issue.  Since some of these companies are publicly listed, you will hear plenty of screaming and see plenty of kicking while they are losing money.  No national emergency.

    Fourth, in the last month there has been increased attention paid to the growing delinquencies in the “sub-prime” market – this in turn has increased the scrutiny that these portfolios are getting from the bank regulators, who by the way, are a tough crowd (and for good reason). 

    “Sub-prime lending” is a fancy lending term that encompasses three types of borrowers:  (a) poor credit quality borrowers (b) good quality borrowers with highly leveraged loans and (c) good credit quality borrowers who are borrowing money with no verifiable documentation (“stated income loans” or “no doc loans”).

    The issue of sub-prime lending is more complex.  It is an important area and worth delving into in a little more detail.  I am going to help you understand three key issues: social ramifications of decreased sub-prime lending, the feared multiplier effect and foreclosures/bankruptcies.

    1.  Social ramifications of decreased “sub-prime” lending by banks: there will be racially unequal access to capital if banks stop lending to lower credit borrowers across the board instead of discriminating between people generally in that group (who should have a fairly static delinquency rate) and the over-extended speculators (who are driving up the current delinquencies).  Unfortunately, banks do tend to move in knee jerk fashion and the instinct of banks and regulators alike will be to indiscriminately shut off the spigot (facts: major lenders such as countrywide, Option One and Wells Fargo have already announced plans to discontinue certain high CLTV and stated income loan programs and over thirty sub prime lenders have closed shop since late 2006).  Home ownership is a core American value and we owe it to those with less means to help them maintain access to reasonably priced capital.  If banks do continue to reduce lending, then the interest rates to lower-income borrowers will materially increase because the remaining lenders will have the power to do so and justify this in the name of increasing profits.  Socially, I do not think this is an equitable outcome and the brutal irony is that a lower income family that is of the character to make payments regularly is far more likely to face financial distress if they are borrowing at 12% than if they were borrowing at 7%.

    2.  The feared “multiplier” argument: if we stop providing high leverage loans and no-document loans, this will hurt the overall demand for new homes and this will in turn hurt the economy because home owners tend to spend a lot of discretionary income on home-related improvements and furnishings (the multiplier effect).  I do not buy this argument and here is why: I think that a lot of the pure speculators who have purchased homes did not invest much into their homes by way of furnishings and improvements.  The people who spend this money are people who actually make these houses their homes.  Incidentally, I think the refinancing boom had a very real multiplier effect, but this a radically different situation.  Statistically, many house buyers in the last several years have been second and third (investment) homes.  I have some insight into this because I run a property management company that manages thousands of units – from single family homes to larger apartment complexes.  I can assure you that most owners today who are purchasing their real estate investments with high leverage loans are not investing much money into their properties. 

    3.  Foreclosures: will increase dramatically in percentage terms and this will make fantastic headlines.  The increase in supply from these foreclosures will not, in my opinion, be statistically significant at the national level, but it will create colorful hype because motivated sellers (desperate owners and banks) will surely sell their real estate at below market rates – and this will fan the flames of fear and encourage speculation about the direction of “the market.”

    On the other hand, this will create great opportunities for people who have access to cash, know their neighborhoods well and are experienced enough to know how much of a discount is needed to balance the risks.  Nobody wants to catch a falling knife.  Real life example: Tierra just helped an investor buy an apartment building from a lender who had foreclosed on the borrower -- a spectacular deal (see more below).

    The other major question pertains to the health of the commercial real estate market.  A-class assets are trading prices at “5 caps” which means that if you purchased the asset using all-cash (no debt), then if everything went perfectly in your operations the next year you would earn a 5% return (higher prices computationally mean lower cap rates and as a buyer, the higher the cap rate the better).  This is less than what I can make in my CD account – with no risk and no time required to sweat all the details.  Are commercial assets priced too high?

    The argument as to why these prices might make sense relates to the theory that it is wise to purchase assets if you can do so well below replacement costs.  If you are an insurance company and purchasing assets to hold for 30 years and you are buying them at a 5% cap rate, and your offsetting long term liabilities hover around the same rate, then over the long run buying these well located assets probably makes for a sensible investment thesis.

    On the other hand, there is no guarantee that rents will substantially rise and even if you were to purchase these assets well below replacement costs, buying these assets using leverage could turn out to be an unprofitable or excessively risky investment.  Only time will tell and in the meantime, it is a fact that the cost of construction has been going up substantially because of increasing demand for the commodities from which many home component parts are made (oil, wood, steel among them), which is being driven, in part, by the growing demand for commodities by China.

    Fortunately, most of the buyers of these A-class assets are well capitalized.  Should their investment strategy not prove fruitful, they have the financial capital to sustain a loss without substantial impact on the national economy.  On the other hand, the $68 billion dollar health care liability on GM’s balance sheet is a far greater concern to me, since it portends a more systemic issue that is shared by many industrial behemoths in this country.

    Real life concern: one problem which I am seeing over and over again is that relatively inexperienced investors who have made a lot of money in single family homes in California, Nevada and Arizona are buying small (less than 100 units) apartments in Texas (and elsewhere).  These smaller apartments are almost always 30-40 years old (almost impossible for a developer to build and develop a smaller project like this and make money in major markets) so most new developments are at least several hundred units) and almost all of them have old, inefficient mechanical systems (HVAC), low energy efficiency windows, poor insulation, and almost always deferred maintenance.  These properties are also too small to be properly staffed: they are too small to bear the load of a full salaried person for maintenance and onsite management, so they are very difficult to profitably manage.  Even if you have a small portfolio of these (or use a property management company that does) to spread the overhead across a larger number of units, there is still a fundamental management problem: property managers who have numerous properties to manage tend to do less well at proactively managing the properties than managers who are onsite and feel that that specific property is their sole focus (in contrast to a manager that manages three properties in different locations and travels to the properties from the main office).  In theory the workload might be the same but the logistics and focus issue tends to be measurable.

    The reason I bring this example up is that as cap rates for Class-A product have decreased, we have seen the pricing for Class-B and Class-C product also become correspondingly higher.  In my opinion, the lower the cap rate among all three quality classes, the bigger the cap rate spread (Class-A cap rates – Class-B cap rates for example) needs to be.  In today’s market, I am seeing very little differentiation between class-types and this causes me some concern.  I routinely see stabilized Class-C apartment buildings in Texas being sold for 7% cap rates by the listing broker, which means that in reality, based on my experience, the real cap rate eventually calculates to be somewhere between 5-6% (actual results, measured one year later).  I think that unless you finance Class-C product with generous portions of fixed rate debt and have extremely high-inflation expectations, that in all likelihood, your returns will be on the lower end of your expectations.  However, given the issues that arise with older properties, I can assure you that the amount of time you spent will be on the higher end of your expectations.

    Real estate – if purchased well – continues to be one of the best investments you can make.  Professional asset managers are increasingly allocating capital to real estate at the expense of bonds and stocks.  To the extent that we do see some area specific real estate market dislocations, this will provide for additional buying opportunities for well capitalized and astute investors.  Even in healthy markets, there are a variety of human circumstances that lead to highly motivated sellers, which is one of the best places to find bargains in otherwise highly priced markets. 

    Whitwell Rule: if you buy an asset for a low enough price, the wrinkles relating to older properties do not matter as much.

    For example, Tierra just helped an investor to buy a 100+ unit apartment complex in the Ft. Worth, Texas from a special servicing company (the asset management arm of a non-recourse lender which provided the original loan to the owner and then foreclosed on the loan in order to minimize their loss) at a substantial discount.  It is an interesting story.  The original owner got into a spat with the City of Ft. Worth.  The City then revoked the Certificates of Occupancy which are needed to legally run your apartment and lease to tenants.  The occupancy then fell to 10%.  The owner then gave the keys back to the bank since he had a non-recourse loan and did not want to “let the City win.”  The Bank then asked the City to reinstate the COs and the City said they would only do that once the Bank finished a long list of improvements desired by the City.  The Bank made almost all of these improvements and twice had it under contract, but buyers were concerned that they were buying an apartment complex that was nearly empty and did not have COs, which would in turn make it very difficult to insure, which is important when you are talking about a $1,500,000 purchase and also given that crime is much more prevalent on vacant properties, which in turn increases insurance premiums.  Long story short, our investor purchased the apartment complex at the beginning of the year and we are busy doing minor renovations to the interiors, working with the City to obtain the rest of the COs and lease the remaining units.  It is in excellent condition (new roof, new paint, good foundations).  The overall area is probably a “C” but this property’s market value is easily twice what was spent to buy it and improve it.  Once it is fully leased, we are going to help our investor refinance it (it was purchased all-cash since the lending terms for an empty apartment with no COs were not that favorable) and enable the investor to get back all of his cash, leaving him with an excellent cash flowing property which he intends to hold for a minimum of five to ten years.

    This illustrates the flipside to foreclosures.  It creates opportunity.  You can either read the newspaper and get scared and depressed or you can get out there and turn lemons into lemonade.  Tierra is in the lemonade business.  We enjoy finding the right projects and creating additional value for ourselves and our co-investors.

    If you like real estate and are willing to invest some of your time finding the right opportunity, I think you will always be able to find ways to make money.  As can be heard on the trading floors in New York: sometimes you can profit by “fading the news” (doing the opposite of the expected reaction to an anticipated news announcement).

    Feels great to be back – let’s keep our eye on the ball and keep Making It Happen!

    Regards,

    Stefan Whitwell

    Jul 27, 2005

    Revenue multiples, anyone?

    Do you know what a rent multiplier is? Are you afraid that California real estate prices have peaked and not sure what to do or where to invest? We’re going to cover these topics and more in this special edition of the Whitwell Report.

    As you probably noticed, I took a few months off from the newsletter to focus on my day job: running Tierra Capital, L.P. Tierra Capital is a real estate investment firm that focuses on land, apartment buildings, condominiums, and mixed use assets in Texas and Florida.  

    This weekend I am writing from Los Angeles, where I was asked to participate in two real estate seminars organized by two successful Los Angeles-based realtors. Their investors are stressed out because they recognize that the wonderful 20-25% per annum gains they have seen in California the last several years are unlikely to continue much longer.

    “Rent multiplier” is a real estate term that was used quite a bit in the presentations by the realtors this weekend. The funny thing, though, is that the audience had no idea what this meant – even after one realtor tried to explain the concept with a technical sounding formula.

    The “rent multiplier” is the number of dollars you have to spend in order to get one dollar of rent per year (gross rent, before expenses). For example, let’s say you buy a home for $120,000 that rents for $1,000 per month ($12,000 per annum). It has a rent multiplier of $120,000 / $12,000 = a rent multiplier of “10”. Said differently, for every ten dollars you spend to buy that home, you will collect one dollar in gross rents each year.

    By way of context, the multipliers in Texas, North Carolina and Oregon tend to range around 8-12x on average – but in California, they are nearly 30x! This means that for every $30 dollars you spend on a California rental home, you only get $1 in rent for holding that home for an entire year. Said differently, if you had no expenses (like real estate taxes, interest expense, principal repayment, insurance and maintenance), it would take you over 50 years to get your money back from rental cash flow on an after-tax basis if you invest in California.

    A better way to measure the performance of a potential investment property is to measure the actual net return you expect to get as a percentage of the purchase price assuming you buy using all cash (no debt). This calculation takes all expenses into account and in the real estate world is known as the “cap rate.” If you buy a home for $120,000 and you expect to pocket $9,600/year before taxes, then your cap rate would be $9,600 / $120,000 or 8%. The cap rate is a realistic measure of the underlying profitability of the real estate investment.

    Whitwell Rule #1 – it is extremely important to understand how to measure the profitability of your real estate investment before the effect of leverage.

    Why?

    Let’s answer this question by first reviewing the two reasons why people use debt to help finance the purchase of real estate: (a) to reduce the cash needed to buy and (b) to increase the “profitability” of the investment.

    To understand the latter point, let’s look at an example. If we buy a $120,000 house all cash, our return might be 8%. However, using bank financing, we might only have to put down $24,000 in cash and can get a loan for $96,000 from the bank. Let’s say we have to pay the bank $6,000 in interest, well then that leaves us $3,600 in profit. By using leverage, the dollars we get are fewer but as a percentage of cash we invest, the returns are much higher ($3,600 / $24,000 = 15%).

    Because the returns are higher and because cash is a scare resource, it is common for people to use a lot of leverage when buying real estate. Using debt in situations where the underlying profitability of the property is strong has great advantages. Using leverage as the primary means to achieve high returns when the property itself is not that profitable is a formula for disaster!

    Whitwell Rule #2 -- Focus on the underlying profitability of the property first before being romanced by higher return figures produced with leverage.

    Whitwell Rule #3 -- Focus on cash flow.

    Hint: almost nobody in California real estate is paying any attention to cash flow – this is because the prices have been bid up so high that they make no sense if you look at the cash flow.
    This whole scenario should remind you of the tech stock craze, when, we briefly believed that cash flow and earnings were unnecessary in tech companies because “they are special” and “there is tremendous future growth potential”.

    I love California– the people, the weather and the land, all three of which are beautiful, but we all lost too much money in the tech bubble crash to fool ourselves into thinking that California real estate will always go up. Indeed it fell nearly 40% in the early 1990s, but many speculators believe ‘this time is different.’ Sound familiar?

    There are two additional signs that California real estate is living on the edge:

    Whitwell Report Sign of Caution #1 – according to recent reports, over 60% of all California real estate mortgages being taken out to buy these price-inflated homes are floating rate mortgages. This trend is increasing system risk since further increases in interest rates could boost mortgage bills and  put many careless investors into hot water.

    Whitwell Report Sign of Caution #2 – almost 80% of Californians living in
     Los Angeles and San Francisco can no longer afford the median priced house in those cities (which is approximately $500,000 in Los Angeles County now). When people can no longer afford to buy the homes in their market it is an indication that things are out of balance.

    By the way, the average cost of a brand new home in Austin, Texas is only $160,000 – and in Austin, we do not have state income taxes, we do not have earthquakes, and the overall cost of living is substantially more affordable than Los Angeles. Sell Los Angeles and buy Austin.

    The best way to buy real estate is when the rental cash flow covers the cost of owning the property so that you can afford to hold it for long term appreciation. If the market happens to go up substantially in a short period of time, then that is cause for celebration – but this should not be the premise upon which to buy real estate. If you buy real estate in California right now, it is risky since “the carry” (the net cash cost of ownership, including the cost of any debt) is negative and the only reason people are buying is that they are hoping to get extraordinary price appreciation in short periods of time.

    Austin, Texas continues to win national attention for the quality of life, its outdoor beauty, its intellectual and artistic community, and the vibrancy of its economy (a small tech company was founded that is still headquartered there called Dell).

    In the next Whitwell Report, I will share with you some fun and exciting (and surprising) facts about
    Austin
    and about Texas in general.

    If you own California real estate, count your blessings for having enjoyed such a spectacular market the last couple years and do the smart thing: take your money and run. If you live in California, the smartest thing you can do is to sell your home and then rent it back for very low rent (relative to the current ‘market prices’) from the investor/buyer (who will be pleased to have found a good tenant). By doing this, you will be reducing your risk and converting your equity to cash which you can deposit in the bank or reinvest back into real estate in a more sensible place like Austin, which is poised to see healthy appreciation in the coming years.

    A friend of mine who runs a real estate investment fund in Los Angeles is actively selling his portfolio.  He has made great returns for his investors but prices have now reached such an insanely high level (relative to cash flow) that he feels compelled to sell.

    Should be very interesting to see how things play out in California.  Don't be left the last person standing when the music stops.

    Make It Happen!

    Regards,

    Stefan Whitwell

     

     

    Dec 07, 2004

    Pension Tension

    Is your retirement plan heavily dependent on corporate pension plans, 401-k, or Social Security?  If so, then I hate to tell you this, but there is a good chance you will be involuntarily initiated into the Grab Your Ankles and Make a Wish Foundation, courtesy of mismanaged corporations who pay deposed executives small fortunes the same day they send notices to worker bees announcing benefit cuts due to “budget shortfalls.” On the Social Security front, our politicians continue to promise that they will rescue Social Security, but the reality is that the solution has a big price and nobody, at present, has the testicular fortitude to propose viable solutions.  It is like breaking your shin bone in two places.  The longer you wait to see a doctor, the worse the situation gets.  Can it be “fixed” – yes, but the solution becomes more painful and it may not heal as well as you would like, even with the best doctor in town.

    The pension fund “issue” is politically popular because of the increasing number of baby boomers who are going to be retiring in the next two decades.  However, for the soon to be retired crowd, the only solution available is a governmental band-aid.  The more interesting crowd is the one that still has enough time to build a retirement that does not depend on either the government or corporate pension plans.  Before sharing a few ideas on how you can do that, let’s start with a review of the current retirement landscape:

    Retirement Myth #1: “corporate pensions are safe” – really?

    Let me quote from the Pension Benefit Guaranty Corporation's Fiscal Year 2004 Financial Results Press Release:

    “The Pension Benefit Guaranty Corporation's insurance program for pension plans sponsored by a single employer incurred a net loss of $12.1 billion in fiscal year 2004, according to the agency's financial statements released today. The program's fiscal year-end deficit increased to $23.3 billion from $11.2 billion a year earlier. For the first time, the total number of people owed benefits by the PBGC passed 1 million.”

    Continuing on:

    “In addition to losses booked, the PBGC calculates "reasonably possible" exposure, an estimate of the amount of unfunded vested benefits in pension plans sponsored by companies at greater risk of default. The 2004 financial statements estimated PBGC's reasonably possible exposure at $96 billion, up from $82 billion a year earlier.”

    In summary, retirement funds are not safe.  There are plenty examples of famous companies such as Arthur Anderson that have gone down in flames.  For every famous one there are many more that have suffered the same fate.  Even “strong” companies like General Motors have substantial under-funded pension liabilities.

    Note that it is not just a matter of whether your retirement is there for you when you retire; you need take into consideration that companies often change policies depending on how they are doing.  It is no less damaging to be informed late in your career of severe benefit cutbacks.

    Retirement Myth #2:  “none of this matters since the Pension Benefit Guaranty Corp. which is sponsored by the US government guarantees our benefits” – really?

    Some interesting facts – the first of which comes from the November 15th, 2004 results release by the Pension Benefit Guaranty Corporation:

    "The PBGC is committed to protecting pension benefits, and with $39 billion in assets we can continue to meet our obligations for a number of years," said Executive Director Bradley D. Belt. "But with more than $62 billion in liabilities, it is imperative that Congress act expeditiously so that the problem doesn't spiral out of control.”

    Continuing on:

    “The maximum pension benefit guaranteed by PBGC is set by law and adjusted yearly. For plans ended in 2004, workers who retire at age 65 can receive up to $44,386 a year. The guarantee is lower for those who retire early or when there is a benefit for a survivor. The guarantee is increased for those who retire after age 65.” 

    Assuming the US government can print all the money it needs to honor its debts (ignoring inflation for now, which is often caused by actions like these), this means that the most they will be required to pay you is $44,386 a year.  There are a lot of people making more than that right now who would hardly feel protected if they were expecting to get $88,000 per year, saw their company hit hard times, and then late in the game find out that the fine print is not so fine after all.

    Retirement Myth #3: the stock market will keep going up forever -- really?

    It might – since the United States leads the world in technological innovation and still has a substantial human capital surplus.  On the other hand, rising stock prices are also a function of demand, and demographics aside, one of the biggest sources of demand for stock has been dismantled the last twenty years with the migration from defined benefit to defined contribution plans.  The evidence has shown that most people in defined contribution plans under-contribute and under-invest.  Time will also tell whether the average person, who has little to no formal investment education or experience, will make better investment decisions than professional administrators.  Along these lines, professional administrators are allowed to invest in almost any type of investment product but most employees in 401-k programs have far fewer choices (being able to choose from a huge number of similar mutual funds does not constitute a good menu).

    Retirement Myth #4: all this retirement talk only pertains to older people – really?

    Now is the time to take action – not when it is too late.  One of your most powerful tools is the power of compounding, which works best over long periods of time.  I also think one of the best tools you can use is real estate, which historically rewards the patient investor more consistently than the short-term speculator.  I also like real estate because you can skillfully use it to take advantage of known demographic trends.

    How do you do this?

    I’m a real estate investor – by choice.  When you study demographics, both here in the United States and elsewhere in the world, it becomes clear that we have one of the greatest opportunities sitting right in our backyard.  Our country is growing and several States will be the recipient of a disproportionate share of the increase in population and new jobs.  In a recent study that ranked US cities in order of new job growth, Florida registered seven of the top twenty cities (and five of the top ten).  The population growth in Texasis growing with similar momentum.

    My company, Tierra Capital, L.P. runs an institutional opportunistic real estate fund in Texas and Florida.  In addition, we run a property management company called Tierra Property Management that manages both commercial property for the Fund, third party property and investor condominiums for smaller individual investors.  When friends ask how and where to start, I often introduce them to a local builder with whom we have worked and whom we respect.  With low rates, people like the idea of buying a new duplex for $150,000 in a growing suburb of Austin, Texas.  Although every situation is different, we encourage people to think about using no more than 65% leverage and locking in the currently low long term rates – either 15 or 30 year durations (we recommend the 15 year loan and encourage people to see the benefit of the quicker paydown).  With healthy rents, the cash flow covers all the debt service, real estate taxes, maintenance, insurance and our fees and while it also leaves some left over, the real value for the investor is that they are buying a new asset, in a growing area with positive catalysts and the tenants are paying for half the price of the purchase over time (assuming 50% debt for example).  The end result is that over time these investors will end up owning multiple properties, all paid off, and receiving steady streams of cashflow.  If you built it and you maintained them, you can be assured that in the future you are going to have a steady stream of recurring cash flow.  In addition, as the area improves and grows, there is also a good chance that rents will increase along with property values.  Many people also take comfort in the fact that they understand real estate, they can see it, they can touch it and they like the area.

    There is little certainty when investing in stocks and there is no chance that your interest income will increase over time with bonds.

    It is true that investing in real estate entails all sorts of risks – which are important to understand and manage and can be a topic for future discussion.  It is equally true that it has proven over time to be one of the best ways to build passive income and build wealth.

    No matter your age, I’d encourage you to sit down and commit your retirement plan to writing and figure out whether you are overly dependent on pension plans of one sort or another.  My Father, who taught at a Southern California University for over 35 years before retiring (and is fortunately grandfathered under a defined benefit plan), told me just a few days ago that he heard that the California teachers pension fund wants to change their obligation from defined benefit to defined contribution.  He retired just in time but many hard working teachers are likely to find their retirement assumptions change dramatically midway through their career.

    Act on your retirement plan today and you’ll enjoy an even better tomorrow.

    Make It Happen!

    Stefan

    Post Script: 

    Proposals have been made to increase the penalties that corporations face if they are not honest and forthright with their employees about disclosing pension shortfalls.  Under the proposed policy, penalties for failure to issue an under-funding notice are tied primarily to the number of plan participants rather than the number of days of delinquency. The guideline penalty ranges from $5 to $100 per participant, depending on whether the failure is a first-time violation and whether the plan corrects the failure prior to audit. [Did you read this?  Your entire retirement could be ruined due to poor corporate management and you may not even know it; and all the company has to pay if they get fined for not properly disclosing this to you is $100 per person!]

    Oct 01, 2004

    Life is Negotiable

    How well do you negotiate?

    One of the great lessons in life which is rarely taught in school is that life is negotiable. What this means is that you have the power to shape your life. Few people know this. There are lots of people who do not choose their own path and live life passively accepting whatever (often frustrating) circumstances arise.

    The art of negotiating is equally important in business. The purpose of this Whitwell Report is not to instruct you in the art of 'how' but to inform you that you can and encourage you to more actively negotiate. Let's start by asking ourselves, what is "negotiation?"

    Whitwell Rule #1: Negotiation is the wisdom of knowing what you want and the courage to ask for it. Negotiation, if done well, is a positive activity that rewards the proactive and penalizes the passive. Done well, it also earns you more respect from the person with whom you are negotiating. Remember: it is worth your while to negotiate.

    Whitwell Rule #2: most things in life are negotiable, no matter what people tell you and even if the printed materials suggest otherwise. For example, many of the services provided by banks and financial institutions are negotiable but this is a fact that most firms will never publicly admit. A funny quote that comes to mind involves a retort to the oft-repeated statement that money cannot buy you love. "But it can certainly improve your bargaining position!" Here is a list of things which are price-negotiable. How many of these things have you negotiated before?

    * Bank fees
    * The interest rates banks charge on debt
    * The interest banks pay you on your savings accounts
    * Insurance fees (premiums)
    * Security brokerage commissions
    * Real estate brokerage commissions
    * Car prices
    * House prices
    * Salary and bonus
    * Real estate taxes
    * Hotel room rates
    * Furniture prices in stores
    * Fine jewelry in high-end stores
    * Legal fees
    * Accounting fees

    Whitwell Rule #3: negotiation creates many additional non-financial benefits. For example, a major benefit of negotiation is the educational process is creates. You will learn a lot more about the businessmen you are dealing with and the economic reality of products or services if you negotiate. In addition, the daily practice of negotiation will increase your self-esteem and stimulate your creativity, by training yourself to think through situations without the usual constraints of what most people think is possible and impossible. Successful negotiation also increases your attentiveness to the needs of other people since the surest way to reach agreement with others is to meet their needs.

    Whitwell Rule #4: your choice of attitude and choice of language makes a big difference in the outcome of your negotiation. If you think "there is no way they will agree" then you will probably be right. If you believe "they will accept" they probably will. Your state of mind is crucial. Your language is equally powerful. For example, if you ask "can you lower this price?" they will often say "no" but if instead you ask "how much will you lower the price?" people will almost always respond with a price reduction in your favor. It can be quite fun -- give it a try.

    Let me give you some real examples that I have been involved in the last two years:

    1. Last year I gave notice to vacate an apartment that I had been renting in Tokyo. One of the customs in Tokyo is to charge obscene fees to tenants when they leave under the guise of cleaning charges. I do not like this tradition so I negotiated. I arranged to have my apartment cleaned and then told my broker that I would only pay for specific damages (such as the remote which I had lost) and that I would not pay for a duplicative cleaning fee, since I had just cleaned the apartment. In Japan, brokers tend to represent the landlord (who provides them future business). Nevertheless, I did not want to pay $3,000 just for the sake of tradition. Predictably, the broker came back and told me my request would likely be rejected. In return I told him that I confidently expect that the owner would honor my request and made it clear that I was unwilling to consider anything to the contrary. Several times the broker came back and asked me to reconsider. Each time I made my case. Months passed. I withheld the last months rent until this was resolved. Last week I got an email from the broker with the news that the owner was only going to charge me $500 instead of the 'traditional' $3,000. The point is that no one was looking out for me in the system and that by negotiating, I got a better deal.

    2. This example relates to a moving company with whom I had a dispute (moving things from Tokyo to the United States). Despite a fixed price contract, the moving company tried to bill me an additional $2,000. I did not agree with their reasoning (since it was a fixed price contract) and I insisted on asserting my rights. After many emails back and forth, they came back with a compromise offer of only $1,000. Although this was movement in the right direct, I continued to negotiate and eventually reduced the additional payment to only $500. In this situation, despite the fact that the contract was on my side, the reality is that legal action would have cost me more time and money than I was willing to invest and importantly, they had significant leverage over me since they had in their possession and control a lot of items that I valued and did not want to lose. I persevered and succeeded in negotiating a significantly improved result from the one that we were facing at first. The point of this story is that even when you feel that your position is unfavorable, because the other side has some type of leverage they can use against you, stay calm and remain focused on your goal.

    3. Another example relates to my company, Tierra Capital which runs a real estate investment fund that focuses on buying assets at a cheap price, improving the assets and then selling them for a big profit. We are in the midst of negotiating a deal on a 70,000 square foot building in a major city in Texas. A bank currently owns the debt on this property which went through bankruptcy several years earlier. We are negotiating with the bank. When we first found out about this deal, the bank was selling the building for $2.5mm, even though six years ago the previous tenant/owner had spent over $6.0mm improving the property. When we inquired about the price, we were told by the selling broker that there was no way that the bank would consider an offer below $2.5mm. We told the broker that we were not interested (since we think that the price is still high based on current rents in the area). Despite what the broker told us, we put in a bid of $1mm, and we have been told that there are two other bids for $1.5mm that the bank is seriously considering. In this case we probably will not win the bid, but the point is that sometimes it is worth focusing on what you think makes sense in negotiations, instead of what people tell you is or is not possible.

    4. My last example is particularly telling. As mentioned above, I run a real estate fund. Several months ago we deposited millions of dollars into our bank account, with a famous brand-name bank. Would it shock you to learn that the bankers were happy letting it sit in a non-interest bearing account? I was livid that I had to proactively ask for the best service and that if I had failed to ask, I would have gotten bad service (low interest). I called my banker and specifically asked for the best money market rate they could give me that still provided me instant access to the funds (they will tend to offer higher rates if you commit to time-deposits). I find it absurd that you have to specifically request the best rates (as if anyone would ask for mediocre rates) but as my example proves, if you do not ask you do not receive. After requesting their best rates, they increased my annual yield to 0.95% from 0.00%. At the same time, I asked one of our summer interns to see if there were better deals being offered by other major banks. Indeed he found a bank that was offering rates of 1.75%. I was incredulous. So I again called up my banker and told him he had to further improve my rate and do so in a hurry despite the fact that I was getting what he claimed was the "best rate" they can offer. Long story short, within 48 hours, he had arranged for me to get 1.65% (a dramatic improvement). If you think it is the bank, think again -- most banks operate like this. If you think it was my banker, think again -- most service providers (with few exceptions) operate like this. The onus is on you to stick up for your needs and ask for better service. It is mind-blowing that one needs to do this sometimes, but asking is much better than not asking.

    On a different subject, I think this is one reason the Japanese are going to face some economic challenges in the next decade. The Chinese are master-negotiators. They negotiate every second of the day without stop. Most Japanese, by contrast, have never negotiated anything significant in their life. As a consequence, the Japanese do not understand negotiation-based investment strategies, such as corporate and real estate private equity, and instead they put most of their money in interest accounts bearing little to no interest. This passive strategy is risky.

    Most often, value comes from work (as opposed to passive strategies). Negotiation is one of the tools you can use to create value in business and in your personal life. Like any tool, there are times to negotiate and times not to negotiate, but the overall message is make sure that negotiation is one of the tools in your tool box. People who are proactive and focused on desired outcomes will outperform those that are totally passive ? not just in investing but in many areas of life.

    Make It Happen!

    Stefan