SW Indiana News

An Evansville hotel general manager recently appealed to his congressional representative to stop lenders that use "vulture tactics" to prey on borrowers hard struck by the COVID-19 pandemic's economic impact.

The lenders tactics, although legal, are "unconscionable from a moral perspective and stand starkly against the principles that we share here in the United States," said Andrew Tomlinson, Evansville Residence Inn's general manager, in his April 2 letter to U.S. Rep. Larry Bucshon (R-IN).

In the copy of the two-page letter obtained by SW Indiana News, Tomlinson said, "Frankly, to take advantage of this crisis for the sake of better returns for some New York hedge fund strikes me as unAmerican. The negative impact to hotel owners and their employees of these vulture tactics will be long lasting."

Evansville Residence Inn is a 78-room hotel on East Walnut Street.

Bucshon, together with U.S. Rep. Jan Schakowsky (D-IL), sponsored the Ensuring Access to COVID-19 Preventive Care Act and the Ensuring Affordable COVID-19 Preventative Care Act.

"With coronavirus spreading across America, health experts and scientists are working diligently to test patients and find a vaccine," Bucshon said in a joint press release issued with Schakowsky. "It is important that the potential cost burden of diagnostic tests, and eventual vaccine, do not hinder patients from seeking proper and preventative medical attention. Through an expedited process, we can ensure patients are treated and covered by their insurance without cost-sharing requirements."

The $2 trillion Coronavirus Aid, Relief and Economic Security Act of 2020 (CARES Act) passed by Congress late last month provides some foreclosure relief, mostly for family-owned properties.

In addition, some states have set up foreclosure moratoriums and stays, often protecting properties both large and small from lenders' efforts to seize assets when payments are not made during the pandemic.

Indiana is one of those states, thanks to an executive order issued March 20 by Gov. Eric Holcomb. However, the order, which bars initiation of residential eviction proceedings or foreclosure actions "during the declared public health emergency," only covers single-family households.

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)."

Tomlinson 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," Tomlinson wrote. "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."

The vulture tactics include accelerating the foreclosure process to gather 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, Tomlinson said.

"Representative Bucshon, 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," said Tomlinson. "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."