HEN a homeowner contemplates refinancing a mortgage, the critical
calculation is whether the lower
interest rate being offered will
produce net savings quickly enough
to justify the cost of obtaining
the new loan.
And while that same consideration
applies when a co-op corporation
is refinancing the mortgage on its
building, other factors often come
into play. Among them are whether
the existing mortgage carries a prepayment
penalty and, if so, whether there
is anything that can be done to avoid
or minimize it.
"There are three basic reasons for
a co-op corporation to refinance," said
William J. Rank, a certified public
accountant in Purchase, N.Y., who
specializes in co-ops and condominiums. "One
would be to obtain a better rate;
the second would be to borrow additional
money; and the third would be because
the current mortgage is nearing the
end of its term."
Mr. Rank said that when a co-op
is created, the co-op corporation
becomes the owner of the building.
And in most cases, he said, a mortgage
is used to pay for the purchase.
That mortgage æ called an underlying
mortgage æ is for a specific amount
of money lent over a specific period
of time, with interest. In most cases,
however, co-ops' underlying mortgages
are not like 15-, 20- or 30-year "self-amortizing" residential
mortgages, which are fully paid at
the end of the term. Instead, Mr.
Rank said, many co-ops take out 10-year
interest-only mortgages, in which
the entire amount borrowed is still
due at the end of the term.
Other co-ops, he said, take out
a "balloon" mortgage; that is, while
the mortgage repayment schedule may
be based on, say, a 30-year amortization
schedule, the unpaid balance of the
mortgage is "due and payable" in,
say, 10 years. "And that balloon
payment usually has to be refinanced," Mr.
Rank said, adding that when this
is done, he advises clients to take
out a fixed-rate self-amortizing
mortgage that does not have a balloon
payment at the end.
In fact, if a co-op is refinancing
because the term of the mortgage
is about to expire æ or because it
needs funds for repairs or capital
improvements æ the co-op is pretty
much stuck with settling for the
best deal it can get at the time
it needs the money. And while terms
may be good now, they may not be
so great a year from now.
In situations where the main reason
for the refinancing is that current
interest rates are favorable, it
would appear the co-op would be is
in a better bargaining position.
After all, one might assume, the
co-op can simply negotiate a new
deal with its current lender or find
a more reasonable source of financing.
But that assumption may not always
be correct.
"Everybody likes to refinance when
the rates are down," said Jerome
L. Liebowitz, a co-op lawyer in Fort
Lee, N.J. "But banks are not stupid."
Mr. Liebowitz explained that most
co-op underlying mortgages contain
what is known as a prepayment penalty,
which penalizes the borrower if he
pays off the loan before its term
expires. Traditionally, Mr. Liebowitz
said, prepayment penalties were calculated
as a percentage of the outstanding
balance of the mortgage imposed on
a declining scale.
In other words, if a 10-year mortgage
was refinanced with, say, five years
remaining on the original term, there
would be a prepayment penalty of
5 percent of the loan balance.
If the refinancing occurred with
four years to go, the prepayment
penalty would be 4 percent; three
years would be 3 percent, and so
on. Using that formula, it is fairly
easy for a co-op to determine whether
it makes sense to refinance; the
amount of the prepayment penalty æ fixed
at a predetermined percentage æ simply
becomes an additional cost of the
refinancing. If the difference in
interest rates is big enough, a refinancing
may make sense even with the prepayment
penalty.
In the early 1990's, however, co-op
lenders changed their strategy. Rather
than impose prepayment penalties
based upon a percentage of the outstanding
balance, the lenders instead started
writing "yield maintenance penalties" into
their mortgages. "That basically
means that if you want to prepay
the loan, you're going to have to
pay the lender whatever it would
lose as a result of the prepayment," Mr.
Liebowitz said.
In other words, no matter how much
lower the prevailing interest rate
is than the interest rate on the
mortgage, the yield maintenance penalty
provision assures the lender of being
paid every penny it would have earned
for the entire term of the mortgage,
even if the mortgage were paid off
ahead of time. "The formula for yield
maintenance is extremely stiff," he
said. "In some cases, the penalty
can be in excess of $1 million."
In fact, the more interest rates
drop below the rate being charged
on the mortgage, the greater the
yield maintenance penalty will be.
Michael J. Wolfe, president of Midboro
Management, a Manhattan management
company, said that if an existing
10-year interest-only mortgage with
a 8 percent interest rate had one
year left, the yield maintenance
penalty provision would allow the
lender to determine how much it would
lose if the loan were paid off early.
Typically, he said, the lender determines
how much it can earn on the balance
of the loan for the remaining number
of years by investing in United States
Treasury notes. Since one-year Treasury
notes currently pay 2.41 percent,
the lender would be allowed to penalize
the borrower for the 5.59 percent
difference. On a $5 million outstanding
balance, that would amount to $279,500.
"We call it `death by prepayment,' " Mr.
Wolfe said. He added that while the
yield maintenance penalty provision
can be negotiated somewhat at the
inception of the loan, such negotiation
normally results in a higher interest
rate.
Mr. Wolfe said that yield maintenance
premiums would be frustrating enough
for borrowers if all refinancings
involved nothing more than saving
a little money by borrowing at a
lower interest rate to pay off money
already owed. But the penalties become
truly painful when interest rates
are so low that significant amounts
can be saved by refinancing. And
they become excruciating when the
reason for a refinancing is not just
to refinance the mortgage, but to
raise money needed for repairs or
capital improvements in the building.
"If today's rate is 6.5 percent
and you have a year left to go on
your current 8 percent mortgage,
do you really want to roll the dice
and wait?" Mr. Wolfe said. "If you
prepay now, the prepayment penalty
could be enormous. But if you wait
a year, interest rates could be back
up to 8 percent."
As it turns out, however, there
may be some room for borrowers to
maneuver. "There is a very interesting
solution to this dilemma," said Gregg
Winter, president of Winter & Company
Commercial Real Estate Finance, a
Manhattan mortgage broker. Mr. Winter
said that in a number of Recent Transactions,
he has been able to get a "forward
commitment/early rate lock" for customers
who may have to wait as long as a
year before they can refinance their
mortgages without paying a penalty.
"We're working with one building
now that has locked in a rate of
6.87 percent on a new 10-year fixed-rate
loan," Mr. Winter said. "And we've
timed it to dovetail with the expiration
of their current mortgage."
There is a price to be paid, however,
for being able to lock in a low current
rate for a number of months. Generally
speaking, Mr. Winter said, that price
translates into an interest rate
increase of two to three "basis points" per
month of rate lock. A basis point,
he explained, is one-hundredth of
a percentage point. This means that
if a rate is locked for 12 months,
the borrower will pay an additional
24 to 36 basis points in interest æ or
roughly one-quarter to one-third
of a percentage point more. In other
words, if the current interest rate
is 6.5 percent, a borrower with a
one-year forward commitment/early
rate lock will end up paying 6.75
percent to 6.83 on the mortgage when
it is taken out a year from now.
"In most cases, the borrower has
to post a good-faith deposit of 2
to 3 percent of the loan amount," Mr.
Winter said. "If the borrower walks
away from the deal, he forfeits the
deposit. If he takes it, the money
is refunded when the loan closes."