Did you Know?
What's an LTV and why does it matter?
The loan-to-value (LTV) ratio shows how much money is being borrowed compared to the actual value of the land. The land is supposed to be the safety net for investors: if a project fails, the land can be sold and the loan repaid.
A lower LTV means more protection, because the land is worth more than the loan. Typically, lenders will not lend more than about 85% of the land’s value. If the land is overvalued, investors are exposed to much greater risk. In the case of Fortress Real Developments, the land values were inflated, and investors were misled into thinking their money was secure, when it wasn't.
For example, in the Collier Centre Project (Barrie, ON) investors lent $16.9 million to the project. They were told the land was worth $21.9 million, which suggested an LTV of about 77% -appearing safe.
But in reality, an appraisal showed the land was worth only $7 million. The $21.9 Million figure was a future based evaluation. That meant the true LTV was over 200%. This was far riskier than investors had been led to believe.When the project collapsed, the land sale could not cover the debt. Since investors were also ranked fifth in repayment priority, there was no money left to pay them back.
Another supposed advantage to investing in Fortress SMLs was the 8% interest rate. This rate 8% was far more attractive than GIC's, or bonds. What you weren't told, was about returns provided in the mortgage market. Under MBLAA, the following comparative information was required by law to be disclosed to you by FSCO licensed parties.
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Did you know that the private lenders who lend on first mortgages on commercial properties only lend 65% of their as-is appraised value at 9-12%. Land loans on farmland are done by few private lenders and they loan 50% of their as-is appraised value.
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Private lenders will provide first mortgages on houses up to 80% at 8% return, and on second mortgages lend up to 85% of as-is appraised value at 10-15% for a one year term.
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Compare these loan to values and returns, to your 8% return at well over 100% of as-is appraised value. Fortress did not provide as-is values. They provided opinions of value, which are not appraisals. Fortress opinions of value were based on future value.
You were equity investors in these projects, which means that you should have received an ownership interest in the project and/or share of profits, as you were unknowingly were taking a lot of risk. Even as an equity investor you would not invest if your investment was much more than 100% of as-is appraised value. Fortress stated in their marketing and legal documentation that their LTVs were based on "as is" values- where in reality the LTVs were based on future values. This misrepresentation was detrimental to your investment, because if something went wrong with the project, there would not be enough assets to repay the investments as the loan was much higher than the value of the land.
There are a few lenders who provide soft cost loans to developers by way of a first mortgage at 20-30%, plus fees, and these lenders do not postpone to construction financing. Meaning, if they lend money towards a project, they only do so on the condition that their position in rank cannot be moved or postponed. If they lend as 2nd mortgage, they stay at 2nd without any sneaky clauses that postpone them to 3rd. Do you think that this is a good comparison to the Fortress mortgages you invested in? Your return was 8%. Remember how you were promised 2nd mortgage, but you were moved like a hot potato to 3rd, 4th or even 5th mortgage? A private lender would never, ever, sign-off on such an agreement. The reason the lenders charge these rates and fees is because they know that they can lose money if the land is not rezoned and even if it is, that the developer does not get the necessary presales, that they will lose money.
All the benefits went to Fortress. They collected a 35% fee and 50% of the profits. The investors took all of the risk and only were to be paid 8%. This structure was completely unfair to investors.
Now you understand why the RCMP obtained its search warrant. Fraud, section 380 of the Criminal Code, includes misrepresenting the value and placing the victim at risk of economic harm.