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Paul Oster

Mammoth Broker's Report April 16, 2008

04-17-08
Paul Oster
Broker’s Report April 16––In the spirit of keeping this from sounding like the Broken Record Report instead of a fresh Broker’s Report, I will digress somewhat this time around, but hopefully produce something worth your while. For those serious market watchers who want immediate information, here it is; the Mammoth market has, for the most part, returned to a stalemate between buyers and sellers. Some significant price reductions have brought transactions. But most sellers have dropped back into passive mode. A half dozen or so are slowly heading into foreclosure. And some have their fingers crossed that a short sale is possible. The typical spring break lookers and buyers who spread out over the weeks of the So Cal school breaks appeared and were bargain shopping. They have exited for the most part and there won’t be any volume of buyers looking until late summer. Many of the shoppers in the condo arena were not only looking to low-ball offers but were also looking for income histories. (It appears that some agents have returned to “income production selling” in the condo market––enough for broken records.) So let me digress. Over time I pile up what I think are tasty bits information from various sources that apply to what is happening in Mammoth and the real estate market. Some of this information flows to sales meetings and some to the trash can. But some stick. So here is some of what I’ve dug out of the stack. The April 14 edition (this is a fresh one) of FORTUNE magazine on page 30 reports “The Luxury Recession”. “Purveyors of high-end goods and services––normally insulated from economic slowdowns––say they are starting to register a sharp downturn in discretionary spending.” Bookings at the Leading Hotels of the World are down 10% in 2008, high-end steakhouses are replacing prime cuts with lower grades of meat, retail golf sales are down, yacht sales are down 50%, and private Pilates classes are making way to group classes. (I just wish I had the guts for a Pilates class.) All of this may be good or bad for Mammoth and its constituents, depending if you’ve bet on the uppity future of Mammoth or the down-home inherent qualities that have always been and always will be. (The Place to Be Is Already Here?) From the New West Network on April 1 (this was no April Fools’) titled “Credit Suisse’s Troubled Rocky Mountain Empire”. The article speaks to the failures at the Tamarack Resort in Idaho, the Promontory Club in Utah and the Yellowstone Club in Montana––all new high-end (mountain) resort developments. What all three have in common is that international banking giant Credit Suisse is their primary financier. Tamarack is in bankruptcy and they are in default of their $250 million loan and Credit Suisse is trying to foreclose. Promontory is also in bankruptcy and owes CS $275 million. The Yellowstone deal is more convoluted and a little higher in profile. But the celebrity clientele is bailing on the half finished project. The CS loan there is $300 million. The article states “It’s impossible to know whether Credit Suisse was a foolish lender that’s about to lose its shirt, or a shrewd deal-maker that’s about to pick up some valuable properties for a song.” I wonder if Credit Suisse has a quarter-billion dollar loan on Mammoth? But my “take away”––there is an obvious limit in the demand for luxury mountain resort product. This should continue unless the dollar becomes so worthless that the rest of the world considers basement pricing for the luxury experience. And ultimately the resilience of Mammoth is its ability to consistently do numbers. Around town I am hearing a recurring theme. Old time locals like Steve “Bearman” Searles and Town Council candidate Chris Tolley are among those that have barked at me “We want our town back.” I ask these people what that means. Their responses are thoughtful. They think about the way Mammoth was in the 80’s and 90’s. Times were tough economically but there was a much greater sense of community. (We were all in the lifeboat together.) And there was no mania. They express they aren’t opposed to growth and development. They just don’t like the circus, the transient egos and short-term thinking––the sell-out to corporate carpetbagging. It reminds me of the old saying “Be careful of what you ask for.” But what they’re asking for is happening. Mammoth’s own form of Darwinism is resurfacing. (Darn, gorging at Nevados is so much more fun than picking over the sale items at VONS.) But I digress. Back to real estate and some of my random observations. The Westin will epitomize this past era of excess and speculation. The currently listed inventory at the Westin Monache represents 10+% of all the Mammoth condo listings. I’m aware of many second phase defaults (and buyers walking away from their 10% monies) and now it appears they are holding back at actually re-listing the properties––the MLS as of this week reflects, “contact…for further information regarding developer product inventory.” And one local attorney has pointed out to me the developer’s Civil Code responsibility to those defaulting buyers. This creates just one more quandary that will only be exacerbated by the coming months of the rental income black hole. Buyer beware, phantom inventory is greater than ostensible inventory. Another growing complaint is the “trust” many Mammoth buyers (2005-07) put in the Starwood acquisition. That trust has dissipated to nothingness. I guess we’re lucky the chairlifts keep running. A broken down Branding process, no new lodge at Eagle, no Village parking lot, no ski back trail, no “1”, (although the new Chair 9 is very cool albeit a very questionable investment in relation to other needs), no nothing really. Oh I forgot, fancy LA food on the Mountain. The airport may be ready just in time for fuel prices to crush the airlines. And all hope is now left to some newcomer Cowboys to put on the Ritz, pump the Town coffers and keep the trickle of momentum going. The only things we can really trust in are the God given qualities of Mammoth. It really is starting to feel like the 80’s and 90’s again. Oh there’s that broken record. Maybe we should just brand it Broken Record Mountain. Meanwhile, it is time to renew your MVP or buy an April discount Gold pass. Get a SUV hybrid with DVDs in the back for the kids. If you ever planned on building or remodeling in Mammoth, now is a great time. The contractors are waiting. Clearly there are many waiting-in-the-wings buyers for Mammoth real estate. But there is no pressure other than life’s clock. I don’t know how to respond to so many who want to own a piece of Mammoth but to just sit back and see where all of this is going. My answer is I’ll just do my best to keep you apprised of the market. I’m watching and analyzing every day. But don’t mind if I take some time and go skiing, go hike or ride the bike or go fishing on the Pacific. All of this will sort itself out. Meanwhile, keep an eye on the deal for the Main Lodge property. That land belongs to the public––that’s you and me––we’re the sellers. And the Feds haven’t proved to be good fiduciaries. And you know what that gets you. Skip, skip, skip…

Mammoth Foreclosures 2.0––The First Inning

04-03-08
Paul Oster
Foreclosures are reaching record numbers in many real estate markets, some to the extent that foreclosure numbers are exceeding actual closed sales. Seeing those kinds of statistics can be shocking. Clearly, the values in those markets will be greatly impacted by the volume of foreclosed properties. That is why I have been intensively watching and reporting on that segment of the market for the past 18 months. But all appearances are that the Mammoth Lakes market will be different. Not that it will remain unscathed, but foreclosures will not be the foot-on-the gas of a downward spiral in values. After an early year push of a half dozen well priced and attractive lender owned properties, we have hit a lull. But there are more properties in the pipeline. Part of the lull was created by a moratorium of sorts––a farce government intervention that the lenders went along with because they were so backlogged anyway. (Oh, the things that will happen in an election year.) And we’ve been lulled by other delay tactics. Short sale attempts are causing lenders to forestall Trustee’s Sales. And pseudo bankruptcy filings (and some real ones too) are causing delays. And there are some squatters and other random salvation attempts. But even at some future peak I don’t see foreclosure numbers even being a small fraction of the sales here in Mammoth. Each one of these pre-foreclosure (Notice of Default filed) or actual foreclosed properties is a story unto itself. Some are truly unfortunate, some are like soap operas, some reek of fraud and dubious dealing, and some were simple gambling on the Mammoth craps table. Most are a result of a series of poor decisions. And it is somewhat disconcerting to see certain local agents repeatedly appear as the agent who represented the owner in their purchase. The process from actual foreclosure to bringing the property back to the market can vary greatly depending on the lender and the property. Some lenders are directly overseeing their REOs (“real estate owned”) through their own asset management companies. Others are using clearinghouse and sub-contracted companies. Soon after the properties are foreclosed on the status of the property needs to be assessed. If vacant, the locks are changed, no trespassing signs posted, utilities switched over, etc. Properties with personal property remaining need special care. If the properties are still occupied then the occupants need to dealt with according to the new owner’s policies. Oh, and there’s a million forms to fill out. Eventually the property will be listed on the open market (no insider deals.) And that can take anywhere from a couple of weeks to several months. The marketing and subsequent sale and escrow are handled similar to any other sale and escrow except that the buyer must be pre-approved (but that is becoming standard in the day-to-day business too.) The critical thing for a buyer is that unlike buying straight at a Trustee’s Sale, the buyer of a REO gets to complete all their inspections, including physical inspections of the property as well as matters affecting title and any Homeowner’s Association related documents. The buyer and seller also pro rate expenses like property taxes, etc. For buyers trying to understand the whole process, it is much safer to purchase a property as an REO rather than at a Trustee’s Sale. And so far in this cycle the prices are lower too. That’s because the lender prices the REO to sell––usually slightly below the market. The REO pricing has nothing to do with how much the previous owner owed on the property. We’re getting a glimpse of some other things; the Village will have its share of foreclosed property. We already have one under management that will come to the market soon. There are others in the pipeline. There are others being offered as short sales that will likely end up being REOs. (The real interesting question is when will the first Westin REO hit the market. It will be a year at least, but with the volume of buyer defaults, the number of quickly re-listed units and price reductions below the original selling price, AND the fact that we’re heading into the rental doldrums months, it is only a matter of time.) We’re also getting a glimpse at which lenders kept their Mammoth loans in their portfolios and which ones sold them off (and their servicing rights.) This is an interesting sidebar to the national and international banking crisis that we are experiencing….And because of Mammoth’s geographical location we are seeing some local REOs listed with agents from places like Fresno and Chino. And their pricing is off because they don’t know the market. The lenders grade each REO you handle so a couple of bad grades and you’ll flunk out…And while the REOs in Mammoth so far have been good buys, they still have to be compared to other good buys in the market––and we are finally beginning to find out who the real sellers are. Meanwhile, hungry agents and posers are jumping on the REO bandwagon. Don’t be fooled. Only a few months ago they were still trying to hype their favorite new development and didn’t know a Trustee’s Sale from a yard sale (some still don’t.) And they’ll likely be plagiarizing content from this column for their own promotion. (I do love the time stamps on blogs.) Now if they can just keep their names out of the public notices.

Mammoth Lakes Foreclosures 1.0

03-06-08
Paul Oster

Real estate foreclosure rates are accelerating to staggering numbers in many large and small marketplaces across the country. Here in Mammoth, foreclosures are moving at a different pace. Presently, there are fewer than ten lender owned properties in Mammoth. Having just completed an actual sale to a new owner and placing two other lender owned homes into escrow, I’m getting a clearer picture of how the foreclosure process is going to work––and some of it will vary lender to lender.

The Internet is playing a major role. The information is out there. And the flow of paperwork from the asset managers to the agents, and back, is all electronic. Decisions can be made quick. And the lenders and asset managers are real sellers. There’s no emotional attachment to the property, no memories, and no delusion to what the property will sell for now compared to four years ago. Each lender has a particular set guidelines and processes––and offers need to be presented in a precise format according to those guidelines. Weeding through all of this paperwork and procedure can be very time consuming. Many of the asset managers are on their own learning curve. Some are handling hundreds of files. Each property is evaluated with a series of appraisals (by appraisers) and Broker Price Opinions (BPOs) by local real estate agents.

So far the properties are being listed at attractive prices. Properties are sold “AS-IS, WHERE IS”. And the lenders don’t have the money to make significant repairs––even if the property needs it. Buyers offering 20% to 40% below the asking price (and they are) are fooling themselves. The Mammoth market isn’t there yet, and only the future will tell if it gets there. And time is of the essence––some properties are receiving immediate multiple offers. When most buyers live 300 to 400 miles away it becomes difficult to view the property. But at least the skiing is great so the trip is worth it.

As we get through more of these transactions we’ll learn more about the whole process. But how will all of this impact the larger market in Mammoth? After all, a rash of foreclosures can destroy values in a local market. My conjecture over the past couple of years has been that the number won’t be excessive. So far, that is what we’re seeing, especially in relation to other markets. Those owners that have been foreclosed on typically bought in the past three years and had multiple loans on the property. Some just gambled and lost. Because the Notice of Default-to-lender owned listing process is a 6 to 12 month process, we can see what the potential lender owned properties may be in the future. The number in the pipeline is minimal with no real growth trend noted at this time. This should be considered very positive for upholding values in the market.

What we have discovered through marketing these lender owned properties, and the balance of the market has displayed the same, is that there are plenty of buyers for and pent up demand for quality properties at a price point that lies 10% to 30% below the peak values of 2-3 years ago. That aspect of the market continues to impress me. When we received multiple offers within days on lender owned properties––that’s the proof to me. If the sellers get their prices into that buyer’s zone, then they are likely to receive offers. Other sellers are looking at this trend and are thinking they want to wait it out. The standoff continues. But will those buyers be there in the future years at these prices? We shall see. The foreclosure and lender owned properties should be a key and frontline indicator in the direction of the market. Stay tuned. I promise to keep my readers apprised of this segment of the Mammoth real estate market. Now back to all that paperwork.

Fixing The Village at Mammoth

03-05-08
Paul Oster
In a column I wrote a couple of years ago I questioned whether the Village was heading towards becoming a “dysfunctional mess”. I posed that question because I saw the warning signs––too little commercial occupancy to create the necessary “critical mass”, no solid effort to generate shoulder season rentals and traffic, the lack of efficient public parking, and from what I was personally experiencing at Eagle Base––condo hotel management and policies that were inadequate. The phrase we are hearing more and more around Mammoth is “good planning without execution is a hallucination.” Indeed, the LSD has taken hold. Blame Wall St. for bringing it to the party and our decision makers for letting us consume it. So let’s go back to the planning of the Village to understand what went wrong. The North Village Specific Plan was formulated and approved in 1990-91. It brought over 30 separate property owners (and their egos) together into a new planning and zoning district. If the local economic pain of the 80’s and five years of drought and the looming economics of the early 90’s weren’t so profound, it is doubtful whether these property owners ever would have come to agreement. But they did. A couple of years later some visionaries decided the Plan needed revising. They brought Eldon Beck to town. Mr. Beck was a professor of Urban Planning at UC Berkley and his planning firm had helped plan the alpine village concepts in Vail and Whistler. He is basically the father of contrived alpine villages in North America. Beck was about to retire, but agreed to come and give the Plan some refinement. Beck spent time in Mammoth talking to local officials and business people and observing the site and town. His immediate priorities were to understand the site and its relation to the sun, both in summer and winter, and to attempt to protect the native trees on the site. But he also had a strong sense for the social engineering required to make a resort village work. His theory, based on his vast experience, was that the visitor will always seek out interaction with the local inhabitants. (Maybe that is why we need Don’t Feed Our Bears stickers.) Therefore, one of the keys for the village to be successful, the local people must be drawn to the village on a regular basis. To solve this part of the equation, Beck planned an Events Arena in the Village. There it sits in the 1993-94 version of the North Village Specific Plan. Beck’s vision for this facility was a full sized indoor ice rink that could be easily converted to a small convention facility or an entertainment venue. Sort of like a mini Staples Center. Underneath it would be two or three levels of parking (and easily accessed from both Minaret or Forest Trail.) And there was a bridge spanning Minaret Road from the core of the commercial district (that is there today) to this Events Arena. The Event Arena would be the draw for hockey and ice-skating, the convention facility could help book rooms in the shoulder seasons, and the entertainment facility could host all types of events. And all of it not weather dependent. And the local residents and visitors with vehicles could utilize the parking or public transportation. And there would be tons of bed base (“warm beds”) and shops and restaurants right there. Just like a real alpine village. Beck also knew something else. Modern municipal planning was dependent upon deal making and other financial mechanisms that could make this all work. He knew that the volume of development that was proposed in the North Village could support both the development and maintenance of this facility. It had been done before. Public planners call them exactions, and developers call them extractions. California planning laws are fairly liberal in the use of development agreements that can (and should) create mutual benefit. It helps if everybody has a long-term perspective. In fact, the Town of Mammoth Lakes became so concerned about what this economic monster could be like, that it started the process in the mid-90’s to “save” the Main Street and Old Mammoth corridors from becoming run down and being put out of business. Today, the lighting, sidewalks and other niceties on Main Street and Old Mammoth Road are a product of that concern. I certainly appreciate the upgrades, but it further displays the failure of the Village. It was suppose to be a significant, really BIG––in many ways. Instead, it really has come to resemble a dysfunctional mess. So what happened? Obviously the plan didn’t get executed. It is now more of a nightmare than a hallucination. Shortly after the 1994 Plan was approved, Intrawest arrived in town. They began development at Eagle Base but eventually moved to the Village. (“The Village” is Intrawest’s portion of the North Village Plan.) Intrawest shrewdly negotiated a development agreement. Now I’m not here to lay blame (we’re trying to figure out the “fix”), but the Town and decision makers were clearly bullied in the negotiations. The really knowledgeable people around Mammoth in these sorts of things estimate the Town left $50-100 million on the table. The Town did get a substandard lot for a minor parking lot––the lot has poor traffic access and will prove very expensive to build on––nothing like the location of the proposed Events Arena. (I’m sure the boys in Vancouver got a good laugh over that one.) The $50-100 million could have paid for the land and Events Arena and probably a bridge too. But all of that is water under the bridge (pun intended.) Some people want to blame the lack of regular air service for the failure of the Village, and there’s no doubt it has made an impact. But if you believe that Eldon Beck knew what he was doing, then all those people flying in would have eventually ended up at Roberto’s, Shogun, etc., where the locals are. The other failure is something I’ve harped upon repeatedly, and that is the poor performance of Mammoth Hospitality. See, after Intrawest built the condo hotels, they just dumped them on the flailing hotel arm of Mammoth Mountain. With little expertise at hospitality and hotel operation, and absolutely no experience at condominium and Homeowner’s Association management, muddling through this challenging task was almost a given. The original sales manual given to the local real estate community by Intrawest for selling the “Resort Condominium Concept” talks about the “win-win-win of the situation”. Excellent hospitality and hotel management and Association management creates the win for the owners and guests. Looking back, we all know who won. And those “winners” just got heavily cashed-out by a hedge fund. One of the other failures has been the handling of the commercial space in the Village. Old shopping center lease strategies were thrown out the window. It is no secret the Village business owners have struggled. Expensive tenant improvements and lease rates (and common area charges) would make it hard for any business, even if the Village were bustling 365 days a year. And key, anchor tenant locations sitting empty for years doesn’t send a good message either. So now the remaining parts of Intrawest (now owned by Fortress Investment Group), Starwood Capital, Goodman/Crossroads, Staubach/Cypress, and even the Clearwater (Old Mammoth Road) folks all have to figure out how to make this work. The Village has proven to be an exciting venue for special events. But the cost is large and the actual return is low. The traffic has to be more consistent. And if Beck was right, the local residents have to be drawn for regular visitation. There’s nothing drawing me except for an occasional good party, and only if parking is reasonable. Compounding the Village’s problems is the growing public perception that condo hotel investment in low occupancy locations (like Mammoth) is not sound. Especially if expenses are high (again, like in Mammoth.) In some markets where condo hotels have proliferated, condo hotels are now being called the “the shortest living fad in real estate history.” And too, many of the (Village) developer’s pro formas were relying on fractional and “club” sales to boost their bottom lines. The consumer interest in this product is marginal at best. So the “fix” is a huge challenge. Band-Aids and hype aren’t going to work in a higher interest rate environment. More (and fancier, or trendy or “branded”) rooms aren’t going to make things better. Many of the potential “move-up” buyers feel burned. Maybe it’s a “Pebble Beach” scenario. Maybe subsequent owners/developers will come back at lower investment rates and see the wisdom of Beck’s plan, and implement more prudent commercial leasing strategies, and introduce progressive hospitality and property management and more. It’s a big we’ll see. Meanwhile, my hunch is that the Village will stand as a living monument to the larger events played out on the international financial and power stages of the 2000’s. We will have a grim reminder of those profound activities right here in the microcosm of Mammoth. So I think I’ll head to Old New York Deli for a pastrami sandwich––to hell with my cholesterol numbers.