Construction

Credit Unions Need to Rethink Capacity

In the past couple of weeks, I have heard from several credit unions that were interested in purchasing a construction and development (C&D) participation, but they were being mindful of the NCUA cap of 15% of net worth.  These credit unions were concerned that if they approached their 15% cap, then they would be unable to fund other C&D projects for their members.  I think it is important to be mindful of this, but it is a concern that can be mitigated by using the CUSO for leverage.

For example, assume you are a credit union that has only $1 million in C&D capacity.  It is important to understand that if you have a member who comes to you with a $2 million C&D request, you can still lend to this customer.  How?  The obvious answer is to find a participant who can fund the other $1 million of C&D.  You can then fully fund the loan, but now, you will not be able to make any more C&D loans to other members who come to you with requests.

There is also another way to do this without exhausting your capacity.  Say that same member needs a $2 million C&D loan, and you still only have $1 million in capacity.  You may participate out the loan to other credit unions; however, to do this, you only need to retain 10% of the loan.  That means, you can lead the participations with 10% of $2 million, which is $200,000, and find participants for the remaining $1.8 million.  The advantage to this approach is that you now have helped your member fund a $2 million C&D loan while only using $200,000 of your C&D capacity.  Therefore, if you have another member who needs a C&D loan, you still have $800,000 in remaining C&D capacity.

If a credit union only has $1 million in C&D capacity and is willing to participate with other credit unions, the lead credit union actually has up to $10 million in C&D loans they can originate.  That is what we call “leverage” in the financial world, and it is a common practice.  When a credit union or bank makes a loan, it actually uses a small amount of its own money to make the loan, usually around 10%.  Where does the other 90% of the money come from?  It comes from your deposits, other peoples’ deposits and businesses who deposit money at that institution.  Depository institutions leverage their own capital with deposits as their primary means of getting business done, so a credit union with $1 million in capital can use $9 million in deposits to make nearly $10 million in loans!

Leverage is one of the fundamental principles that make financial institutions work, but it will require a paradigm shift to understand leverage goes beyond simply deposits and capital.  Leverage is always about expanding capacity with limited resources.  If a credit union already leverages their capacity to make loans by using deposits, why should they be hesitant or skeptical to leverage their C&D capacity through participations?  The lead credit union can remain the face of the relationship, and most importantly, be able to retain a relationship regardless of size and internal capacity.  Again, this is the fundamental principle of leverage, which a credit union or bank uses every day.

And as a side note to C&D limits, I think it is also important to mention that by choosing C&D projects wisely, the utilization of the C&D capacity can be relatively short-lived.  When I say choosing wisely, I mean taking on projects that result in income-producing properties and are well underwritten to deal with typical construction risks.  This will result in a relatively short-lived C&D loan, which means a relatively short duration of occupying C&D capacity.  A typical construction project should be completed within 12 months, give or take 6 months.  I think it is important to consider this too when you consider to fund a C&D loan.  It may count against your C&D limits, but it should only count against your limit for about 12 months.  And the best part is, after having taken on the burden of using your C&D capacity for a short time, you should be rewarded at completion by holding onto a relatively low maintenance asset with a decent yield for years to come.--Trevor Plett

The NCUA's Construction and Development Limits

The NCUA has set standard limits on all Construction and Development (C&D) Loans at 15% of capital of a credit union.  The goal of the limits is to help manage the risk of construction lending.  It seems that the regulators attempt to treat all construction with the same level of risk with this broad stoke approach to construction lending.  The question is, “Do all construction loans have the same risk?” 

I will contend the answer is no.  My years of commercial lending have taught me that each construction project has its own unique risk.  It would be impossible to create separate regulations for each loan.  However, there are some characteristics of different types of construction lending that tend to have greater or less risk than the other.  Consider the differences among these various construction projects.

Spec Construction vs. Owner Build:  A project that is built with the intent to sell all or parts of the construction is more risky than a construction project built for the use of the owner or one that has a committed quality tenant who has the capacity to handle fulfillment of the rental agreement.  A subdivision lot development or a large condominium development where the repayment is the successful sale of the lots or units is a higher risk than the construction of a building for the use in the operation of a business.  A manufacturer building a factory, an hotelier constructing a new hotel, or a developer building a retail building that has established credit tenant support will be a lower risk than spec construction of a subdivision.

Credit Union Managed Construction vs. Qualified Third Party Managed:  In many cases, credit unions do not have the staff talent and experience to properly manage larger construction projects.  This poses a higher risk than a construction loan that has disbursements managed with a third party title company or attorney firm.  In general, the construction inspection process is also better with a qualified third party architect or building inspector instead of utilizing the field lender.

Construction without Permanent Financing vs. End Loans in Place: Here any construction project that has permanent financing in place at the onset of the construction is less risky than a construction loan with no end loan in place. 

Repayment from the Sale of the Development vs. Debt Servicing from Other Sources:  If the repayment of the principal of the construction loan is based upon the sale of the development or building, it is considered speculative.  This is a higher risk than construction that will eventually have the principal serviced with non-speculative sources.  These could include regular P&I payments that are supported by a lease on the property or an owner use property where the amortized payments are supported by the positive net operating income of the business. 

The spirit of the NCUA limits is to help manage the risk of construction projects.  However, as shown above, some projects pose more of a risk than others and should be subject to appropriate limits.  Using the low limits may be appropriate in limiting construction that is spec, credit union managed, and has no end loan in place.  The current low limit is not applicable for owner or tenant built, qualified third party managed, and projects that have a final loan in place that is supported from historical net operating income.  I would contend that construction loans with the latter characteristics should not be subject to the 15% limit.  Such limits hinder credit unions from supporting its membership base with lower risk construction loans, which in turn, hinders economic growth in the market area.  It also causes credit unions to turn down lower-risked construction loans that will turn into good earning assets to help the credit union’s earnings and equity grow.  But whether or not the NCUA agrees with me, it is still the lender’s responsibility to recognize the variations of construction risk and act appropriately.