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A possible solution for all the commercial real estate debt that is coming due?

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Reading this article at the Economist got me thinking…

What if borrowed and lenders had a prenegotiated arrangement that converted debt into equity a commercial real estate deal? I don’t mean like todays, expensive involuntary conversion that happens through foreclosure, but a more organized rational, prenegotiated, pre-nupital like document that said something like “in the event of a capital crisis, or the mid-term (a average of this property’s value over the last 24 months) value of this asset decreases below the loan limit, borrower shall have mortgage their interest converted into an equity interest, thus unemcumbering the asset of all debt, freeing up cash flow which shall be distributed as follows… (cash flow going to lender, tax benefit going to equity position)… until such time as…”

Certainly debt would cost more, but an equity player might be willing to go into a deal knowing the downside was much lower.

Todd Clarke @ November 16, 2009

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