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Follow on Google News | Two Las Vegas Hotels Saved from ForeclosureThe drop in commercial property values in Las Vegas made any hopes of securing adequate refinancing unrealistic. To further compound the issues, the principals were obligated by personal guarantees on the notes for each hotel.
By: Jamie Sene The hotels' owners faced increasing cash flow problems due to low market room rates and decreasing occupancy since late 2008. Furthermore, the drop in commercial property values in Las Vegas in 2008-2009 made any hopes of securing adequate refinancing unrealistic. To further compound the issues, the principals were obligated by personal guarantees on the notes for each hotel. Over 2009-2010, the recession yielded a dramatic decrease in tourism and recreational spending—the major driving forces behind revenues in recreational destinations such as Las Vegas. This resulted in the hotels being unable to continue meeting debt service requirements on their mortgages. Consequently, the loans fell into payment default and were tracked toward foreclosure. Within a matter of weeks, the lender had coordinated foreclosure proceedings. The principals who had signed personal guarantees on each of the notes were facing substantial liability. Contemporaneously with their foreclosure actions, the special servicer also decided to sell the mortgage notes at auction. The borrowers still saw great, long-term potential for these assets and were not prepared to lose them. WHAT WAS DONE: Guardian Solutions was retained by the hotel's ownership organization to intervene and secure a solution with the lender through a discounted purchase of the mortgage note. Guardian Solutions was able to negotiate a collective discounted payoff agreement between borrowers and the lender. Guardian Solutions’s previous dealings with the lender and experience with the auction administrative proceedings provided valuable insight with respect to an acceptable bid level for the auction proceedings. Guardian Solutions was able to correctly advise the clients with respect to the lowest amount necessary to secure possession of their hotels through the closed auction. This acceptance of a discounted payoff resulted in an end to the foreclosure. The current borrowers were not only able to purchase the notes on both franchised hotels at a significant discount, but they also saved in excess of $3 million on fees, penalties, and the amount recoverable via the personal guarantees. Shortly after the close of the auction, the owners secured possession of their Las Vegas Hotels. They saved over $3 million, in fees, penalties and personal guarantees. Ownership was now on track to maintain their franchise flags, stabilize their properties, and restore positive cash flows in the years to come. Guardian Solutions's effective communication, insight and credible relationships with both the lender and auction agents helped the borrower to avoid the liabilities of an over-valued debt level on an under-valued property. Contact: Jamie Sene Vice President, Marketing Guardian Solutions 727-442-8833 www.GuardianSolutions.org # # # Guardian Solutions is one of the nation’s leading commercial loan modification firms. Our team of MBA’s Accountants and Real Estate Professionals assist companies avoid the pitfalls associated with their commercial mortgages that are called due. End
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