court receiver presentation
DESCRIPTION
Court Appointed Receiver and Asset Management Company, NationwideTRANSCRIPT
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DAVID M. FRANKNATIONWIDE COURT APPOINTED RECEIVER/TRUSTEE
MONTANA NORTHDAKOTA
SOUTHDAKOTA
WYOMING
TEXAS
NEWMEXICO
NEBRASKA IOWA
LAALA GA
UTAH COLORADO
ARIZONA
NEVADA
WASHINGTON
OREGONIDAHO
MINN
DISTRESSED PROPERTIES UNITCourt Appointed Receiver
Chapter 11/ RestructuringAsset Management
Construction ManagementLeasing/Marketing
800-808-8559www.dmfcourtreceiver.com
A Division of the Merrill Group of Companieswww.themerrillgroupco.com
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DAVID M. FRANKNATIONWIDE COURT APPOINTED RECEIVER/TRUSTEE
As one of the largest Federal and State Court Appointed Receivers for a combination of receivership and asset and property management firms in the United States, we have been appointed to over 400 cases, representing over 73 lending institutions.
With over 19 years of courtroom experience, David M. Frank has implemented programs, services and procedures to assist lenders in protecting the security of their loans, namely increasing market value and generating higher revenue. Problem management issues, such as debt and creditor workouts, are one of the proprietary tasks of the Distressed Properties Unit.
Since 1985, The Merrill Group of Companies, an affiliate of the receiver is a full service property management company with 160 offices affiliated nationwide has specifically managed, industrial, multi-family, hospitality, special purpose properties and millions of square feet of both retail and office space.
The Companies Distressed Properties Unit consists of a Property Manager, Asset Manager, Assistant Property Manager, Construction Manager, and Maintenance Director. With our combined Team, we survey the property, perform interior and exterior inspections (determining the life, safety, and health conditions), leasing and area demographics, and any issues regarding the property.
As a group, we develop a strategic plan for the operation of the property internally, and management commences immediately based upon our action plan that includes tenant interviews and evaluations, legal, vendors, insurance, accountings and proceed with acquiring the property’s books and records. Our Asset Management Department prepares a budget, expense and cash flow reports, and oversees the operation of the property.
Our on-line paperless document system includes 24-hour access to monthly financial reports, leasing information, maintenance reports and is available 24 hours a day simply by going on line through our web site secured data room.
DISTRESSED PROPERTIES UNIT
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DAVID M. FRANKNATIONWIDE COURT APPOINTED RECEIVER/TRUSTEE
DEPARTMENT OVERVIEW
Legal DepartmentPrepares Motions for Receivership and Final Accounting and serves all parties with ◊
the appropriate reports and pleadings.
Takes possession of the asset and conducts audit pursuant to the order of the Court.◊
Assists in debt work-outs and/or sells or manages assets in order to optimize proceeds.◊
Asset ManagementDevelops a customized management plan specifically for the asset.◊
Performs tenant interviews and evaluations.◊
Maintains detailed records, including monthly income and expense reports and complete ◊ receivables and payables tracking along with detailed check register information and monthly bank account reconciliation.
Court Appointment
DISTRESSED PROPERTY
Develop Plan with
Client
TenantInterviews and
Evaluation
LegalDepartment
ResolveIssues
Accountingand
Collections
PropertyMaintenance
PropertyInspection and
Evaluation
AssetManagement
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Property MaintenancePerforms repairs and regular maintenance services to protect the value of the property.◊
Prepares a Field Inspection Report of the property condition and health & safety issues.◊
Performs property inspections at regularly scheduled intervals to assure the continued ◊ quality of the property, buildings and grounds.
LeasingMeets with prospective tenants to evaluate their space needs and designs a plan that ◊
will assist tenants in making their decision.
Prepares a full property report and traffic radius reports.◊
Prepares all documentation for lease agreements and provides store-front signage ◊ assistance and property management information.
Construction ManagementDetailed review of the property condition. Preparation of recommendations for any ◊
deferred maintenance or other related physical issues.
As required, confers with architect and/or civil engineer regarding any issues beyond ◊ normal repair and maintenance.
As reguired, prepares all documents, cost estimates, and time-lines necessary to effect ◊ completion of the subject repairs, maintenance and/or construction.
DEPARTMENT OVERVIEW
DAVID M. FRANKNATIONWIDE COURT APPOINTED RECEIVER/TRUSTEE
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ASSET / BUSINESS MANAGEMENT
CORE SERVICESReceivership Services◊
Real Estate Asset Management Services◊
Real Estate Facilities Management Services◊
Construction Management◊
TRANSITION PLAN
Our team understands the unique challenges associated with the transition process and work with the lender to minimize disruption to ongoing operations, reduce time and effort, maintain tenant morale, produce effective results and allow for informed decisions through effective communication and organization. Upon appointment we provide a 24-36 Hour Preliminary Report to the Client with Property Inspection, Evaluation & Photos and continue with the transition listed below:
WITHIN 2 WEEKS
Complete ◊ Takeover Report is provided to Client which includes abstracting lease analysis, building and property condition, Inspections & Tenant information.
Action Plan is completed◊
Legal department ◊ notifies all the vendors and property depository banking institution
WITHIN 30 DAYS
A Year end budget is ◊ created and provided to Client with a cash needs analysis, repairs, leasing, and tenant retention issues
Vendor Bidding ◊ and initial repairs and maintenance have commenced
Financial accounting ◊ has been updated and processed into our computer system
Chapter 11 Bankruptcy Trustee Services◊
Real Estate Property Management Services◊
Construction Services◊
General Contracting ◊
ON-GOING
Monthly and Quarterly ◊ Financials are provided
Establish budget ◊ procedures and policies
Implementation of the ◊ on-going Action Plan
Rents & Profits◊
DAVID M. FRANKNATIONWIDE COURT APPOINTED RECEIVER/TRUSTEE
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ASSET / BUSINESS MANAGEMENT
For over 25 years in business and 18 years as a court appointed receiver, our client relationships have been built on integrity, responsiveness, performance.
At all times, The Merrill Group of Companies seeks creative solutions that maximize and protect the property value. The Companies Asset and Business Management delivers a comprehensive range of services as set forth in more detail below.
The Portfolio Manager and Field Supervisor will visit the property and handle tenant issues, ◊ health and safety issues, maintenance and related subjects and prepare appropriate solutions.
24-hour Emergency Service Line, which will allow tenants and others access to the ◊ managers of your property even on holidays and weekends. Should any emergency occur, we will notify you immediately.
Monitoring of vendors and contractors, preparation of specifications for new contracts, ◊ negotiation and/or renegotiations for new contracts, and performance evaluation of existing contracts.
Monthly financial statement: On a cash basis to include an executive summary of ◊ operational activity and variances to the budget with a general ledger, balance sheet, budget comparison report, summary income sheet, aged delinquency report, income register, rent roll, check register and a bank reconciliation reports.
Prepare tenant billings, collect rent and administer leases.◊
A monthly narrative report summarizing the activities for the prior month.◊
A remaining Year End Budget and the annual budget are prepared for the property. ◊
Preventative maintenance programs are established for the building’s mechanical ◊ components. These programs are completed with vendors with inspections made by the Company staff.
Supervise the services of an on-site property manager (“Site Manager”). Tenant ◊ Satisfaction Surveys are sent out periodically to measure the performance of the management and maintenance personnel, as well as to assist with the future planning process.
DAVID M. FRANKNATIONWIDE COURT APPOINTED RECEIVER/TRUSTEE
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ASSET / BUSINESS MANAGEMENT
The management staff monitors all tenant improvement work and works closely with tenant ◊ improvement manager to maintain integrity with the tenant.
Implementation of strong tenant relations programs and administration of all tenant leases, ◊ coordinating closely with the leasing team, and establishes procedures for the prompt receipt, recordation, investigation and handling of tenant complaints and requests.
Hire, discharge and supervise all employees required for the on-site management, ◊ operation, maintenance and repair of the Property.
Maintain constant review of physical structure, provide recommendations and implement ◊ programs to maintain the image of the property.
Take all reasonable steps, including legal action to enforce all maintenance, service and ◊ supply contracts, guarantees, warranties, bonds and other contractual undertakings, if any.
Engage attorneys experienced in the field of landlord-tenant relations to prosecute defaults ◊ under leases and other agreements relating to the occupancy of the Property.
Emergency Response Planning (ERP)◊
DAVID M. FRANKNATIONWIDE COURT APPOINTED RECEIVER/TRUSTEE
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ACCOUNTING SERVICES
COMMITMENT TO INVESTINGThe Merrill Group of Companies’ seasoned and dedicated accounting staff are a key value added contributor to a comprehensive management program. As such, the company invests in training of our accounting team and is constantly in the workplace recruiting applicants with industry specific accounting knowledge.
REAL-TIME ACCOUNTING SERVICESThe Merrill Group of Companies has the ability to provide full accounting services deliver customizable, real-time reporting through web-enabled technology, allowing our managers and accountants to work more efficiently.
SCOPE OF SERVICESThe basic scope of accounting services includes the following:
Narrative Report ◊
Variance Report◊
Check Register ◊
Tenants Cash Receipts Journal◊
CAM Accounts Receivable Status◊
Bank Statements & Reconciliation ◊
Optional Reports available:
Trial Balance◊
Balance Sheet◊
General Ledger◊
Supporting Schedules◊
DAVID M. FRANKNATIONWIDE COURT APPOINTED RECEIVER/TRUSTEE
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CLIENT LIST
American International Bank
American Savings Bank
AMRESCO Financial, Inc.
Bank of America
Bank of the West
Bankers Mutual
Bay View Federal Bank
Beneficial California, Inc.
Berkadia Commercial Mortgage LLC
Berkeley Federal Bank & Trust FSB
Brentwood Thrift & Loan
Bristol Group
Business Bank of California
C-III Asset Management, LLC
California Center Bank
California Federal Bank
California Thrift & Loan
California United Bank
Cathay Bank
Cenfed Bank
Centerline
Citibank, N.A.
City National Bank
Citizens Business Bank
Coast Federal Bank
Continental Savings of America
Equimax Mortgage & Loan
Essex Property Trust
Federal Deposit Insurance Corporation
Federal National Mortgage Association
Fidelity Federal Bank
First Bank
First Federal Bank of California
First Fidelity Thrift & Loan Association
First Los Angeles Bank
First Nationwide Bank
First Regional Bank
First Union National Bank
GE Capital Realty Group
General Bank
Glendale Federal Bank
GMAC Commercial Mortgage Corp.
Guardian Bank
Hanover Financial
Helios AMC, LLC
Household Commercial Financial
Imperial Capital Bank
Imperial Commercial Services
Imperial Thrift and Loan
Inland Empire National Bank
ITT Federal Bank
JE Robert Companies
Key Bank National Association
Marathon National Bank
Midvale Capital Group
National Bank of Southern California
Nevada State Bank
North County Bank
Northeast Savings Bank
Northern Trust of California Bank
Ocwen Federal Bank
Omni Bank
P F F Bank & Trust
Pacific Crest Investment & Loan Bank
Pacific Thrift & Loan Co.
Pomona First Federal Savings
Quaker City Federal Savings
Regency Savings Bank, FSB
Resolution Trust Corporation
San Pedro Bank
Sanwa Bank of California
Southern California Bank
Tokai Bank of California
Trust Bank F.S.B.
U. S. Bank
United California Savings Bank
United Pacific Bank
Wells Fargo Bank & Trust
Western Bank
World Trade Bank
DAVID M. FRANKNATIONWIDE COURT APPOINTED RECEIVER/TRUSTEE
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RECEIVER / TRUSTEE / PROVISIONAL DIRECTOR
David M. Frank
David M. Frank is Chief Executive Officer of The Merrill Group of Companies, LLC a real estate development and property management company founded in 1985. Mr. Frank’s career began in the legal field in 1984 after earning a Juris Doctorate in Law at Pepperdine University Law School and a Bachelor’s degree from University of California, Los Angeles in 1982. Mr. Frank has become one of the nation’s foremost experts in receiverships. He is currently acting on behalf of the Division of Resolution and Receiverships of the Federal Deposit Insurance Corporation and has had over 74 public or institutional clients.
As the principal as well as the founder of the Company, Mr. Frank has a 25 year history of working in business, forensic accounting, and commercial real estate. Beginning in 1992 began to handle bankruptcy matters, foreclosures, court appointed receiverships and appointments for Resolution Trust Corporation (RTC) nationwide for over 400 cases. As a provisional director Mr. Frank was involved in business partnership disputes.
Mr. Frank is a well-seasoned professional having acted as an expert witness, complex business litigation matters, including fraud issues, tracing of funds, financial data reconstruction, and valuations. Mr. Frank has spoken on receiverships, business restructuring. As a receiver, Mr. Frank has operated hotels, business, real estate, and factories involving hundreds of millions of dollars of properties and assets.
EDUCATION
UCLA Graduate 1982
Pepperdine School of Law Graduate 1984
California Broker’s License 1982
Nevada Broker’s License 2003
California General Contractor’s License 1992
DAVID M. FRANKNATIONWIDE COURT APPOINTED RECEIVER/TRUSTEE
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FEE SCHEDULE
RECEIVERSHIP
Upon confirmation as a Court Appointed Receiver:
$250.00 per hour for State Court Receiver
$100.00 per hour for Receiver Staff Services
Minimum Monthly Fee: $1,250.00
Plus Management Fees based on the Gross Receivables collected
MANAGEMENT SERVICES:
Size of Asset Percentage of OR Monthly One Time Gross Income Minimum Initial Set-up Report Abstraction Fee
Retail: 0 to 40,000 sq. ft. 6.0% $1,750.00 $3,000.00
40,000 to 100,000 sq. ft. 5.0% $5,000.00 $3,500.00
100,000 to 200,000 sq. ft. 4.5% $8,000.00 $4,000.00
200,000 sq. ft. and over 3.5% $10,000.00 $6,000.00
Multi-Family: 1 to 15 Units 6.0% $850.00 $2,500.00
16 to 30 Units 6.0% $1,500.00 $3,000.00
31 to 60 Units 6.0% $2,500.00 $3,500.00
61 to 100 Units 5.0% $3,500.00 $5,000.00
101 to 150 Units 4.5% $5,000.00 $6,000.00
151 Units and up 4.0% $6,000.00 $7,000.00
DAVID M. FRANKNATIONWIDE COURT APPOINTED RECEIVER/TRUSTEE
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FEE SCHEDULE
Office: 0 to 40,000 sq. ft. 6.0% $1,750.00 $3,000.00
40,000 to 100,000 sq. ft. 5.0% $5,000.00 $3,500.00
100,000 to 200,000 sq. ft. 4.5% $8,000.00 $4,000.00
200,000 sq. ft. and over 3.5% $10,000.00 $6,000.00
Industrial: 0 to 40,000 sq. ft. 5.0% $1,750.00 $3,000.00
40,000 to 100,000 sq. ft. 4.0% $5,000.00 $3,500.00
100,000 and over 3.5% $8,000.00 $4,000.00
Single-Family Residential: Any Size, for first month $550.00 per Unit
Any size, for subsequent months $375.00 per Unit
Special Unique Assets: Subject to negotiation
All properties are subject to a termination fee of $2,500 to close out the books and cover costs of delivering the property documents to the receiving party
OTHER SERVICES OFFERED:
Asset Management Services: Subject to negotiation
Commercial Leasing: 6% of the gross scheduled rental income for the first 5 years of the primary term, and 3% of the gross scheduled rental income for the second 5 years of the primary term
Construction Management: 20% of the aggregate amount of the contract price of the work
DAVID M. FRANKNATIONWIDE COURT APPOINTED RECEIVER/TRUSTEE
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CORPORATE CONTACTS
DAVID M. FRANKNATIONWIDE COURT APPOINTED RECEIVER/TRUSTEE
David M. Frank 22817 Ventura Blvd., Suite 310 Woodland Hills, CA 91364 818-888-9476 Office 818-887-6666 Fax [email protected]
Carol Dvorak 3855 South Jones Blvd., Suite 102 Las Vegas, NV 89103 702-851-0588 Office 702-889-0008 Fax [email protected]
Susan Punos 3855 South Jones Blvd., Suite 102 Las Vegas, NV 89103 702-851-0588 Office 702-889-0008 Fax [email protected]
Danielle Watson 3855 South Jones Blvd., Suite 102 Las Vegas, NV 89103 702-851-0588 Office 702-889-0008 Fax [email protected]
Craig Katchen 3855 South Jones Blvd., Suite 102 Las Vegas, NV 89103 702-851-0588 Office 702-889-0008 Fax [email protected]
Joe Sulima 3855 South Jones Blvd., Suite 102 Las Vegas, NV 89103 702-851-0588 Office 702-889-0008 Fax [email protected]
Janet Bryant 3855 South Jones Blvd., Suite 102 Las Vegas, NV 89103 702-851-0588 Office 702-889-0008 Fax [email protected]
Lisa Murray - Consultant 22817 Ventura Blvd., Suite 310 Woodland Hills, CA 91364 818-888-9476 Office 818-887-6666 Fax [email protected]
Marty Bolkin 22817 Ventura Blvd., Suite 310 Woodland Hills, CA 91364 818-888-9476 Office 818-887-6666 Fax [email protected]
Larry Luck 3855 South Jones Blvd., Suite 102 Las Vegas, NV 89103 702-851-0588 Office 702-889-0008 Fax [email protected]
Audrey Kanthack 3855 South Jones Blvd., Suite 102 Las Vegas, NV 89103 702-851-0588 Office 702-889-0008 Fax [email protected]
Jonathan Klempa 22817 Ventura Blvd., Suite 310 Woodland Hills, CA 91364 818-888-9476 Office 818-887-6666 Fax [email protected]
Katie Kleber 3855 South Jones Blvd., Suite 102 Las Vegas, NV 89103 702-851-0588 Office 702-889-0008 Fax [email protected]
Harry Ramnath 3855 South Jones Blvd., Suite 102 Las Vegas, NV 89103 702-851-0588 Office 702-889-0008 Fax [email protected]
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REFERENCES
H. Stewart Carrico II
Senior Vice PresidentC-III Asset Management LLC
5221 N. O’Connor Blvd., Suite 600
Irving, TX 75039
Phone: 972-868-5380
Fax: 972-868-5495
Adelaide Maudsley
Chapman and Cutler LLP One Utah Center
201 South Main Street, Suite 2000
Salt Lake City, Utah 84111
Main: 801-533-0066
Direct: 801-320-6731
Fax: 801-533-9595
Gabriel Liao
Perkins Coie LLP Attorney at Law
1888 Century Park East, Suite 1700
Los Angeles, California 90067-1721
Phone: 310-788-3208
Fax: 310-843-1256
Stephen Santacroce
Senior Asset Manager GE Capital
Commercial Finance Real Estate
1901 Main St., 7th Floor
Irvine, CA 92614
Phone: 949-477-1544
Main: 714-319-0660
Fax: 949-477-0903
Richard Ormond
Shareholder
BuchalterNemer, A Professional Corporation
1000 Wilshire Boulevard, Suite 1500
Los Angeles, California 90017-2457
Phone: 213-891-5217
Fax: 213-630-5748
Curt Spaugh
Senior Vice President Helios AMC, LLC
2 Embarcadero Center, Suite 1360
San Francisco, CA 94111
Phone: 415-374-2834
Main: 415-374-2820
Fax: 415-374-2704
DAVID M. FRANKNATIONWIDE COURT APPOINTED RECEIVER/TRUSTEE
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MONTANA NORTHDAKOTA
SOUTHDAKOTA
WYOMING
TEXAS
NEWMEXICO
NEBRASKA IOWA
LAALA GA
UTAH COLORADO
ARIZONA
NEVADA
WASHINGTON
OREGONIDAHO
MINN
AFFILIATED WITH OVER 160 OFFICES NATIONWIDE