Under Water

Under Water refers to a financial condition in which the outstanding balance of a property’s mortgage exceeds the property’s current market value. This situation creates significant constraints for the property owner, limiting their ability to sell the asset at a break-even point or profit. If the property owner cannot negotiate a loan workout or find an alternative financial solution, they may face foreclosure due to the inability to cover the mortgage obligation through the sale of the property.

Putting ‘Under Water’ in Context

Dr. Roger Jones, a part-time real estate investor, acquired the property now known as WalAid Birmingham eight years ago through a 1031 exchange, transitioning from owning an apartment complex to this single-tenant retail space. At the time of acquisition, he placed a 75% loan-to-value (LTV) mortgage on the property, anticipating stable, long-term returns from the 15-year lease with WalAid, a leading retail pharmacy chain.

However, as the lease approached its end, WalAid opted to relocate to a more strategic location, leaving the property vacant. Despite some amortization over the eight years, the unexpected vacancy and shifts in the retail market landscape in Birmingham led to a significant drop in the property’s market value. Now, the outstanding loan balance exceeds the property’s current value, putting Dr. Jones in an “under water” situation.

Faced with this predicament, Dr. Jones finds himself at a crossroads. The property, once a reliable source of income, now poses a financial risk with few easy solutions. He contemplates several options: selling the property at a loss (and having to come to closing with cash to payoff the loan), attempting to find a new tenant in a challenging market, or redeveloping the property into a different use that could potentially attract more interest and increase its value.

Dr. Jones’s hypothetical scenario is a stark illustration of the challenges property owners face when their investment becomes “under water.” It underscores the importance of strategic flexibility and the need for proactive management in the face of changing market conditions.


Frequently Asked Questions about Being “Under Water” in Commercial Real Estate

“Under Water” refers to a financial condition where the outstanding mortgage balance exceeds the property’s current market value, limiting the owner’s ability to sell or refinance the property without a loss.

The loss of his single tenant, WalAid, combined with declining retail market conditions in Birmingham, led to a drop in the property’s market value, making the remaining loan balance higher than the property is worth.

Options may include:

Selling at a loss and paying the difference at closing

Securing a new tenant to stabilize cash flow

Redeveloping the property for an alternative use

Negotiating a loan workout with the lender

It limits the owner’s ability to sell at break-even or profit, as the sale proceeds would not fully cover the mortgage, requiring the owner to contribute additional capital at closing.

It increases the risk of foreclosure if the owner is unable to meet mortgage obligations or find a resolution. It can also damage the investor’s credit and limit future borrowing capacity.

As seen in Dr. Jones’s case, being under water requires adaptive thinking—such as re-tenanting or redeveloping—to preserve value and avoid loss, especially in a changing market.

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