ULI Chicago Multifamily Foreclosure Technical Assistance Workshop. ULI Daniel Rose Center For Public Leadership in Land Use June 14, 2011
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1 ULI Chicago Multifamily Foreclosure Technical Assistance Workshop ULI Daniel Rose Center For Public Leadership in Land Use June 14, 2011
2 Christine Kolb Director of Community Outreach, ULI Chicago Agenda Background Christine Kolb, ULI Chicago Multifamily Foreclosure & Workshop Review Scott Goldstein, ULI Chicago Public Policy Chair Case Study: Arlington Heights Nora Boyer, Village of Arlington Heights Case Study: Oak Park Tammie Grossman, Village of Oak Park Questions & Discussion
3 Christine Kolb Director of Community Outreach, ULI Chicago Introductions and Background About the Urban Land Institute (ULI) ULI, the Urban Land Institute, is a 501(c) (3) nonprofit research and education organization founded in 1936 and supported by its members. Members in 95 countries worldwide, representing the entire spectrum of land use and real estate development disciplines working in private enterprise and public service.
4 Christine Kolb Director of Community Outreach, ULI Chicago Introductions and Background About ULI Chicago District Council ULI Chicago provides leadership for the region in land use planning, growth patterns and sustainable development 1000 members that span the land use and development professions One of the oldest district councils in the country Program of work includes partner initiatives, technical assistance and member engagement
5 Christine Kolb Director of Community Outreach, ULI Chicago Introductions and Background Multifamily Foreclosure Technical Assistance Workshop Partnership with The Preservation Compact Provide technical assistance for a contemporary, nuanced issue: Multifamily Foreclosure Leverage our member s expertise to resolve a community challenge
6 Multifamily Foreclosure Technical Assistance Workshop Why? 1. Early-2010, data surfaced that confirming the existence of and increase in multifamily foreclosure, especially in suburbs 2. Municipalities raising concerns in regional forums (CMAP, Metro Mayor s Caucus) Christine Kolb Director of Community Outreach, ULI Chicago 3. Challenges of multifamily foreclosure different than single family foreclosure capacity void
7 Christine Kolb Director of Community Outreach, ULI Chicago
8 Multifamily Foreclosure Technical Assistance Workshop 2. Municipal Concern Partnered with municipal staff in Arlington Heights and Oak Park Identify specific challenges 1. Foreclosed, vacant multifamily properties Christine Kolb Director of Community Outreach, ULI Chicago 2. Stability risks from foreclosure in condominium properties
9 Multifamily Foreclosure Technical Assistance Workshop 3. Build Capacity Many existing interventions and community responses not applicable to multifamily properties Opportunity for the municipality to strategically acquire / support community assets (affordable rental housing) Need for policy, models Christine Kolb Director of Community Outreach, ULI Chicago
10 Multifamily Foreclosure Technical Assistance Workshop Workshop Objectives Respond to real-time municipal need Produce a series of locally-specific and regionally applicable recommendations Christine Kolb Director of Community Outreach, ULI Chicago Document and disseminate findings to other communities struggling with similar issues
11 Scott Goldstein Public Policy Committee Chair, ULI Chicago ULI Chicago Real estate and development expertise Technical assistance program to resolve real estate challenges Promote dialogue between municipal representatives and development sector
12 Scott Goldstein Public Policy Committee Chair, ULI Chicago What We Know Data confirming the existence of and increase in multifamily foreclosure Anecdotal evidence from municipalities Evidence of fraud (Discovered through Neighborhood Stabilization work and Community Investment Corporation s Troubled Condo program)
13 Scott Goldstein Public Policy Committee Chair, ULI Chicago What We Don t Know Nuances of multifamily versus single family foreclosure Appropriate interventions to stabilize multifamily stock Appropriate role for municipalities
14 Scott Goldstein Public Policy Committee Chair, ULI Chicago Technical Assistance Workshop TAP format Two facets of multifamily foreclosure 1. Vacant, foreclosed properties Opportunities for affordable housing 2. Evaluating distressed condominium properties Struggling conversion projects How to stabilize
15 Data Courtesy of the Woodstock Institute
16 Data Courtesy of the Woodstock Institute
17 Multifamily Foreclosure Study Areas Data Courtesy of the Woodstock Institute
18 Nora Boyer Housing Planner, Village of Arlington Heights Community Partner Arlington Heights Issue: Condominium buildings that have unit foreclosures that could destabilize the entire property, but are not showing outward signs of distress.
19 Nora Boyer Housing Planner, Village of Arlington Heights Community Partner Arlington Heights Case Study: unit condominium conversion - Data shows active foreclosure - Municipal staff not hearing resident complaints - Is there reason for concern?
20 Nora Boyer Housing Planner, Village of Arlington Heights Community Partner Arlington Heights Questions: 1. How does the foreclosure process affect condominium properties? 2. Do individual units in foreclosure jeopardize the property? 3. Are there options for reconverting condominiums to rental use? 4. What policies can help a municipalities track condo and apartment housing? 5. How do multifamily properties lost to foreclosure impact municipalities?
21 Nora Boyer Housing Planner, Village of Arlington Heights Community Partner Arlington Heights Challenges: Transitioning ownership from the developer to the association Individual (unit) risk affects collective building stability Mixed occupancy complicates property management Fractured ownership and occupancy complicates options Potential high-cost of doing nothing
22 Nora Boyer Housing Planner, Village of Arlington Heights Community Partner Arlington Heights Recommendations: 3-Step Assessment Process: to gauge property distress Municipal Condominium Policy: to establish communication with condo boards / properties, and better assist condo distress Existing Legislative Tools: to foster stabilization and education
23 Nora Boyer Housing Planner, Village of Arlington Heights Community Partner Arlington Heights Recommendations: 3-Step Assessment Process Taking the temprature of the building Using a Property Index Number (PIN) to conduct research Resources: Assessor s Office and Recorder of Deeds Involving property stakeholders around a solution Appropriate role for the municipality
24 Nora Boyer Housing Planner, Village of Arlington Heights Community Partner Arlington Heights Recommendations: Basic Municipal Condominium Policy Condominium Registration Ordinances For conodominium and conversion properties Ordinances to Support Condominium Boards Ownership transition from developer Municipal dialogue
25 Nora Boyer Housing Planner, Village of Arlington Heights Community Partner Arlington Heights Recommendations: Existing Tools Stabilization Distressed Condominium Property Act Illinois Open Meeting Act Community Association Manager Licensing and Disciplinary Act Education Foreclosure Assistance and Information for Renters (F.A.I.R.) Protecting Tenants in Foreclosure Act of 2009
26 Nora Boyer Housing Planner, Village of Arlington Heights Community Partner Arlington Heights Case Study: Applying Recommendations unit condominium conversion - Data shows active foreclosure - Municipal staff not hearing resident complaints - Is there reason for concern?
27 Nora Boyer Housing Planner, Village of Arlington Heights Community Partner Arlington Heights Developer Ashton Financial LLC Construction Lender Union National Bank & Trust Construction loan status Released paid in full 7/16/2008 Condo Dec Filed 7/27/2006 Underlying PIN(s) bedroom 1 bath square feet Assesments $ PIN Address Unit Number Owner Purchase Date Purchase Price Original Owner Originating Lender Current Lender Foreclosure S Goebbert Rd 2086 Federal National Mortgage Assn 9/21/2010 Joseph Romano none none REO S Goebbert Rd 1029 Federal National Mortgage Assn 10/14/2010 Beata Baranski none None REO S Goebbert Rd 1016 Ferderal National Mortgage Assn. 8/31/2010 Christopher Biby none None REO S Goebbert Rd 1056 Ariel Manlapaz 5/3/2007 Yes MERS US Bank 3/17/ S Goebbert Rd 2030 Rodger Zinchuk 4/24/2007 Yes MERS Flagstar Bank 11/10/2009 Inland Condo Inv Loan Corp & Inland Condo Inv Loan Corp S Goebbert Rd 2031 Rodger Zinchuk 4/24/2007 Yes MERS & Flagstar 1/4/ S Goebbert Rd 1034 Roger W Zinchuk 4/23/2007 Yes Inland Condo Inv. Loan Corp & MERS Flagstar & MERS 11/23/09 & 1/4/ S Goebbert Rd 1035 Roger W Zinchuk 4/23/2007 Yes Inland Condo Inv. Loan Corp & MERS Inland Condo Inv. Loan Corp & Flagstar 11/23/09 & 1/5/ S Goebbert Rd 1015 Federal Home Loan Mortgage Corp 7/13/2010 Christopher Biby none None REO S Goebbert Rd 1027 Federal National Mortgage Assn 9/22/2010 Joseph Romano none None REO S Goebbert Rd 1062 David J Tumminaro 4/20/2007 Yes MERS Flagstar 12/4/ S Goebbert Rd 2049 David J Tumminard 4/20/2007 Yes MERS Flagstar Bank 7/21/ S Goebbert Rd 1012 Dolphin Intl LLC Series A 9/6/2007 Rekha Bhatt MERS MERS S Goebbert Rd 1026 Dolphin Intl LLC Series A 9/6/2007 Rekha Bhatt MERS MERS S Goebbert Rd 2074 Ashton Financial LLC 10/14/2008 Walter Kaemper MERS Citimortgage 9/14/ S Goebbert Rd 2007 Fannie 10/27/2008 Baden LLC none none REO S Goebbert Rd 2036 Federal National Mortgage Assn 9/10/2010 Brightwater LLC none none S Goebbert Rd 1066 Edward A Prince 10/30/2006 Yes none none S Goebbert Rd 2053 Brightwater Inv. LLC 7/1/2008 Christine Fin LLC MERS US Bank 10/1/ S Goebbert Rd 2034 Brightwater Inv. LLC 7/1/2008 Christine Fin LLC MERS US Bank 10/13/2009
28 Nora Boyer Housing Planner, Village of Arlington Heights Community Partner Arlington Heights Case Study: Applying Recommendations As of December, 2010: -46 of 240 units in foreclosure since 6/09-58% (140) of the units are held by 4 owners -12 REO -211 units rental (92%) -17 are owner occupied (8%) As of February 1, Crains: Developer foreclosure on 39 units
29 Tammie Grossman Housing Programs Manager, Village of Oak Park Community Partner Oak Park Issue: Vacant, multifamily buildings that could be community anchors, but are currently bank-owned, deteriorating, and producing negative effects in the neighborhood.
30 Tammie Grossman Housing Programs Manager, Village of Oak Park Community Partner Oak Park Case Study: - 12 unit, 1920 s apartment building - Purchased in 2005 by developer to convert into 9-unit condo - After gutting the property the developer lost financing in The building shell has stood vacant since that time - The bank foreclosed, acquired the property in 2010 sheriff s sale
31 Tammie Grossman Housing Programs Manager, Village of Oak Park Community Partner Oak Park Questions: 1. What is the impact of foreclosure on price; how to negotiate with the bank? 2. What role can the municipality play to support acquisition of targeted REO? 3. Are there opportunities for community partnerships? 4. How to Identify which multifamily properties are good candidates to reposition as affordable housing? 5. When is demolition appropriate?
32 Tammie Grossman Housing Programs Manager, Village of Oak Park Community Partner Oak Park Challenges: Lack of information about property Unrealistic pricing in acquisition expectations Impact of vacancy on the community versus impact of vacancy to owner Municipal capacity, time Restricted program funding
33 Tammie Grossman Housing Programs Manager, Village of Oak Park Community Partner Oak Park Recommendations: Evaluation: the property; the neighborhood; the future market Acquisition: calculating price; negotiating with the bank Redevelopment: partnerships; appropriate role for municipality Demolition: how to weigh the demolition alternative
34 Tammie Grossman Housing Programs Manager, Village of Oak Park Community Partner Oak Park Recommendations: Evaluation What to research about the property s history How to determine appropriate future uses (e.g. affordable housing) Acquisition Approaching / compelling the bank Determining the right price
35 Tammie Grossman Housing Programs Manager, Village of Oak Park Community Partner Oak Park Recommendations: (Re)Development planning Redevelopment Roles for municipalities and partners Demolition Analysis of total cost of demolition, sources of funding for demolition Compare to cost of rehabilitation, adaptive reuse options
36 Tammie Grossman Housing Programs Manager, Village of Oak Park Reposition vacant buildings Lessons learned: Vacant building registry (BPI) Creating opportunities from foreclosure Community partnerships: NSP, businesses, development community
37 Multifamily Foreclosure Technical Assistance Panel Regional Lessons: Foreclosure = a process Importance of interjurisdictional collaboration Opportunities for strategic community development Appropriate role for municipalities Scott Goldstein Public Policy Committee Chair, ULI Chicago
38 Evaluating distressed condominiums Lessons learned: How to proactively research a property (you never know what you will find!) Implementing condo policy to foster communication and build resources Existing tools for municipalities to use
39 QUESTIONS? Christine Kolb Director of Community Outreach, ULI Chicago
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