CAPITAL CONSORTIUM UPDATE
May 14, 1999

Capital Consortium Releases Revised Documents

The Capital Consortium continues to be a viable forum for addressing economic and regulatory developments as they impact the commercial capital markets. For those of you who may not be familiar with the Consortium, it is comprised of:

  • The Mortgage Bankers Association of America
  • The National Realty Committee
  • The National Association of Realtors
  • The Bond Market Association
  • And Commercial Mortgage Securities Association

Recent activity of the Consortium includes:

  • A release at the end of April of a streamlined set of documents designed to expand the secondary market for commercial mortgages and encourage the flow of capital to income-producing real estate properties, including multifamily properties.
  • The Capital Markets Initiatives, as these documents are known, are meant to be used as guidelines to promote greater efficiency, credit availability and cost savings in the capital markets for commercial and multifamily real estate loans.
  • The updates are the result of feedback from lenders, borrowers, rating agencies, mortgage-backed securities investors and other users of the Initiatives over the past three years. These updates are:
    • A revised Capital Markets Mortgage and Security Agreement- a template for commercial mortgages that can be easily and predictably rated to facilitate the pooling of multiple mortgages for securitization and sale into the secondary market

    • A revised Assignment of Leases and Rents- provides broader lender protection in the event of a borrower bankruptcy filing

    • A revised Promissory Note

  • The original Initiatives released in 1996 also included:

    • A Due Diligence Checklist- identifies whether specific information is located within a loan document file

    • Data Elements Guidelines- acts as a framework to better manage reporting information for security holders

    • National Policy Initiatives- recommendations for reducing legislative and regulatory barriers to the development of an efficient, commercial secondary mortgage market

  • A number of lenders and investors have used these highly customizable templates to tailor individual transactions and create more efficient processes.
  • These documents are part of the reason that originating, packaging, and securitizing commercial and multifamily loans is easier, faster and more affordable.

  • The recently released documents are available on the internet at www.capitalconsortium.org.

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