NYC Gazette

A Manhattan hotel general manager recently appealed to his congressional representative to stop lenders are using "vulture tactics" to prey on borrowers hard struck by the COVID-19 pandemic's economic impact.

Lenders circling over the pandemic-distressed properties "are well within their legal rights to do," Embassy Suites Manhattan Times Square general manager Anish Patney said in his April 2 letter to U.S. Rep. Carolyn B. Maloney (D-N.Y.).

In the copy of the two-page letter obtained by the NYC Gazette, Patney told Maloney that the lenders' scheme is "unconscionable from a moral perspective and stand starkly against the principles that we share here in the United States."

"Frankly, to take advantage of this crisis for the sake of better returns for some New York hedge fund strikes me as un-American," Patney continued in his letter. "The negative impact to hotel owners and their employees of these vulture tactics will be long lasting."

Patney urged Maloney to join with other members of congress, the Federal Reserve and other regulatory agencies "to address this situation before hotels across this country are mercilessly foreclosed on due to no fault of their own." Patney called for an 18-month moratorium on foreclosure proceedings to allow hotel owners "time they will need to come up with reasonable solutions and strategies."

Earlier this month, Maloney was part of a delegation of lawmakers who joined with the Queens Chamber of Commerce to connect with the area's small business community to provide information about resources available in the wake of the COVID-19 pandemic.

In particular, the delegation described options available in the recently passed CARES Act to the more than 150 small businesses that participated in the conference call.

"My office and I will work with anybody that has problems getting a loan," Maloney said during the conference call. "If you are in my district, call me, and I will work with you, and with the bank, to get things rolling."

The $2 trillion CARES Act passed by Congress last month provides some foreclosure relief, mostly for family-owned properties.

In addition, some states have set up foreclosure moratoriums and stays, often protecting small and large properties from actions by lenders to seize assets when payments aren't made during the pandemic. New York is one of those states due a variety of judicial and governor's orders. However, those orders generally refer to family homes and not larger properties.

Larger properties received some protection in an interagency statement issued March 22 by the Federal Reserve, FDIC and other regulatory agencies that encouraged the nation's banks to work proactively with borrowers hit hard by the COVID-19 pandemic.

"The agencies encourage financial institutions to work prudently with borrowers who are or may be unable to meet their contractual payment obligations because of the effects of COVID-19," the statement said. "The agencies view loan modification programs as positive actions that can mitigate adverse effects on borrowers due to COVID-19. The agencies will not criticize institutions for working with borrowers and will not direct supervised institutions to automatically categorize all COVID-19 related loan modifications as troubled debt restructurings [TDRs]."

Patney called the interagency statement "undoubtedly a step in the right direction" but said not all borrowers have loans from FDIC insured banks.

"However, billions of dollars of hotel loans in our country come from unregulated non-banks such as hedge funds and other investment funds," Patney's letter said. "Since the Federal Reserve and the FDIC have no direct oversight of these firms, they are unlikely to follow the previously mentioned guidance. They are more likely to take a different approach, the use of vulture tactics to extract as much "value" out of the hotel as possible without any regard for the current crisis or the hotel employees or hotel owners involved."

Those "vulture tactics" include accelerating the foreclosure process to gather in as many COVID-19-distressed properties as possible, using "small technical ways" to rush loan defaults, denying borrowers existing escrowed funds and slowing reimbursements on collateral, Patney's letter said.

"Rep. Maloney, I urge you, Congress, the Federal Reserve and other governmental agencies to move quickly to address this situation before hotels across this country are mercilessly foreclosed on due to no fault of their own," Patney's letter said. "To the extent additional legislation related to COVID-19 is proposed, I would recommend adding language that introduces an 18-month moratorium on all foreclosure proceedings for all lenders to hotels. This should give hotels the time they will need to come up with reasonable solutions and strategies with their lenders to ensure that they have their loans paid off and avoid unnecessarily enriching hedge fund vultures."

We reached out to employees working for several lenders and banks on this story, including Wells Fargo, BAML, Key Bank, Prudential, JPM,  Apollo, Aareal Bank, Morgan Stanley, Midland, Artemis, Ares Capital,  Deutche Bank, Raith Capital, Clarion Partners, Principal Real Estate Investors, Blackrock, Starwood Capital, Southside Bank, Schroders and Brookfield Asset Management.

Of those contacted, only two responded saying they were not authorized to speak to the media.