MCLEAN, Va., June 27, 2011 /PRNewswire/ -- JER Investors Trust Inc. (Pink Sheets: JERT, "JERT" or the "Company") released its annual Statement of Affairs of the Company, including its unaudited financial information, as of and for the twelve months ended December 31, 2010.  

As previously disclosed, the Company continues to have outstanding payment defaults related to the following;

  • Payment default on its interest rate swap obligations to National Australia Bank Limited ("NAB") (the "NAB Note Payable"), which based on its terms is classified as a note payable on the Company's balance sheet.  As of April 19, 2010, NAB terminated the NAB Note Payable, and established a termination value of $29.0 million.
  • Payment default on its junior subordinated notes with an outstanding face amount of $70.3 million (the "Junior Subordinated Notes").
  • Payment defaults on both of its collateralized debt obligations ("CDO I" and "CDO II" or collectively the "CDOs") due to a failure to pay interest on certain notes payable of both CDOs driven by continuing declines in cash flow from commercial mortgage backed securities ("CMBS") held as collateral in both CDOs.


The Company's cash receipts continue to decline as delinquencies and special servicing transfers on loans underlying its CMBS continue to increase.  Considering these circumstances, it is unlikely the Company will be able to repay its obligations under the NAB Note Payable or Junior Subordinated Notes were the lenders to demand payment.  In such event, the Company may have to negotiate a settlement with such creditors, recapitalize, refinance its obligations, sell some or all of its assets at prices below current estimated fair value or seek to reorganize under Chapter 11 or liquidate under Chapter 7 of the United States Bankruptcy Code. In any case, it is expected that its common shareholders would not recover any value and unsecured creditors, including holders of the NAB Note Payable and Junior Subordinated Notes, would receive little, if any, value in relation to the outstanding obligations.

In February 2011, the Company cured its outstanding payment defaults related to its unfunded capital calls associated with its investment in the JER US Debt Co-Investment Vehicle, L.P. (the "US Debt Fund").  As a result, future distributions from the US Debt Fund will not be withheld from the Company and effective April 1, 2011 the Company will be eligible to receive 50% of the management fees paid by the US Debt Fund, or approximately $75,000 per quarter to the Company.  

The Company's unrestricted cash balances were $1.7 million and $1.4 million at December 31, 2010 and May 31, 2011, respectively.

Currently, the Company's primary sources of liquidity are from its non-CDO CMBS bonds, which are making payments to the Company at a rate of approximately $100,000 per quarter.  The Company is no longer receiving distributions from its retained interests in CDO I and CDO II, and it does not expect to receive distributions from such CDOs for the foreseeable future, if ever.  In addition, the timing and amounts of future distributions from the Company's US Debt Fund investment is uncertain.  As a result, the Company continues to be focused on seeking to preserve liquidity by minimizing its non-CDO cash operating costs to the extent possible including the elimination of external board of directors fees and audit fees.

Recent historical cash receipts and disbursement activity by sources and uses are as follows (dollars in thousands):





For the Three Months Ended













March 31,

2010



June 30,

2010



September 30,

2010



December 31,

2010



For the Twelve

Months Ended

December 31, 2010



For the Three

Months Ended

March 31, 2011

Cash receipts

























Non-CDO CMBS currently

  held by JRT



$         994



$         588



$                567



$               556



$                       2,705



$                       539

Non-CDO CMBS sold in

  March 2010



6,886

(1)

-



-



-



6,886



-

CDO I retained interest



-



-



-



-



-



-

CDO II retained interest



-



-



-



-



-



-

Distributions from US Debt Fund



-



-



64



-



64



10

US Debt Fund management fees



269



-



-



-



269



-

US Debt fund expense reimbursements



-



-



103



-



103



-

Total



8,149



588



734



556



10,027



549



























Operating disbursements

























Insurance



239



450



-



-



689



-

Legal



412

(2)

3



62



-



477



-

Audit and tax



26



270



30



100



426



52

Independent director fees



50



50



50



100



250



-

Other



35



57



75



46



213



52

Total



762



830



217



246



2,055



104



























Investing and financing disbursements

























US Debt Fund capital contributions



-



-



-



-



-



711

Repayment of repurchase agreement



6,966



-



-



-



6,966



-

Total



6,966



-



-



-



6,966



711



























Unrestricted cash rollforward

























Total change in unrestricted cash



421



(242)



517



310



1,006



(266)

Beginning balance



668



1,089



847



1,364



668



1,674

Ending balance



$      1,089



$         847



$             1,364



$            1,674



$                       1,674



$                    1,408



























(1) Includes proceeds from sale of these bonds of $5.5 million.

(2) Legal fees paid during the three months ended March 31, 2010 consist primarily of fees related to the failed equity offering undertaken during the first quarter of 2009.





Balance Sheet Review by Financing Sources:

The Company's assets and liabilities at December 31, 2010 can be broken down by financing sources as follows (dollars in thousands):





Financing Sources- As of December 31, 2010





CDO I



CDO II



Other

Unsecured

Financing



Total

Assets

















Cash and cash equivalents



$                -  



$                  -  



$         1,674



$           1,674

CDO related restricted cash



8



18,274



-



18,282

CMBS financed by CDO I (face amount of $381,127)



44,231



-



-



44,231

CMBS financed by CDO II (face amount of $710,479)



-



22,756



-



22,756

Non-CDO CMBS (face amount of $191,059)



-



-



2,924



2,924

Real estate loans (face amount of $253,726)



-



120,727



-



120,727

Investment in US Debt Fund



-



-



1,406



1,406

Accrued interest receivable



903



1,837



407



3,147

Deferred financing fees, net











855



855

Prepaid expenses



37



70



189



296

Total Assets



45,179



163,664



7,455



216,298



















Liabilities

















CDO I notes payable, at fair falue (face amount of $271,732)



27,132







-



27,132

CDO II notes payable, at fair falue (face amount of $689,172)







125,974



-



125,974

NAB note payable



-



-



29,004



29,004

Interest rate swap agreement related to CDO II, at fair value



-



37,005



-



37,005

Terminated interest rate swap agreement (1)



16,999



-



-



16,999

Junior subordinated notes (face amount of $70,314)



-



-



60,598



60,598

Due to affiliates



-



-



5,047



5,047

Accounts payable and accrued expenses



55



4



48



107

Accrued interest payable



993



681



73



1,747

Total Liabilities



45,179



163,664



94,770



303,613



















Implied equity (deficit) by financing source



$                -



$                  -



$      (87,315)



$        (87,315)























(1)  On October 15, 2010, the counterparty of our CDO I interest rate swap terminated the interest rate swap with a notional balance of $110.0 million.  At that date, the swap counterparty established a termination value of $18.6 million for the swap.  Subsequent to the termination date through December 31, 2010, CDO I made $1.6 million of cash payments on this outstanding liability.





We do not currently project any future distributions from our retained interests in CDO I and CDO II as asset values of $45.2 million and $163.7 million for CDO I and CDO II, respectively, are significantly less than the face amount of CDO notes payable and interest rate swap liabilities of $288.7 million and $726.2 million for CDO I and CDO II, respectively.  The CDO Notes Payable are non-recourse to the Company and the fair value of such CDO Notes Payable as of December 31, 2010 has been determined by solving for the amount that results in no CDO implied equity at December 31, 2010.  The Company has a deficit of $(87.3) million at December 31, 2010, and that deficit would further increase to $(97.0) million if the face amount of the junior subordinated notes of $70.3 million were substituted for the carrying value of such junior subordinated notes of $60.6 million.

Credit Performance:

Below are selected credit statistics on our CMBS investments and the commercial real estate loans that serve as collateral on our first-loss CMBS investments (dollars in thousands).





December 31,

2009



December 31,

2010



April 30, 2011

CMBS Portfolio













Total CMBS investments



26



25



25

Face amount of CMBS investments



$       1,706,288



$        1,282,665



$        1,121,090

CMBS investments in which JRT owns the

  first-loss position



21



18



18

Face amount of first-loss CMBS investments



$       1,616,897



$        1,134,727



$        1,042,081

Face amount of collateral pool for first-loss

  CMBS investments



$     46,166,110



$      40,510,168



$      37,704,237















Credit Statististics on Collateral Pools for

  First-Loss CMBS Investments













60-day delinquency amount



$       1,543,098



$        3,482,413



$        3,783,437

60-day delinquency rate



3.3%



8.6%



9.6%















Special servicing amount



$       3,107,147



$        4,510,438



$        4,558,806

Special servicing rate



6.7%



11.1%



11.6%















Realized losses to date



$            37,575



$           271,627



$           326,354

Appraisal reductions to date



$          474,033



$        1,200,590



$        1,471,855





We expect that delinquencies and transfers of loans to special servicing will stabilize during the remainder of 2011, although we expect realized losses and appraisal reductions will continue to increase during the remainder of 2011, further eroding cash flows to the CMBS bonds owned by JERT, in particular, the non-CDO CMBS bonds which were the Company's primary source of liquidity during 2010.  

If credit losses ultimately realized on collateral for our CMBS investments are in line with current expectations regarding the amount and timing of such losses, we do not expect any principal recovery on our first-loss CMBS investments.

All of the Company's real estate loans are collateral for CDO II. The face amount of real estate loans at December 31, 2010 was $253.7 million which consists of $40.4 million of first mortgage loan participations and $213.3 million of mezzanine loans.  The estimated fair value of such loans at December 31, 2010 was $34.4 million and $86.3 million for the first mortgage loan participations and mezzanine loans, respectively.  The loans have maturity dates that range from October 2011 to August 2013.  During the year ended December 31, 2010, we received principal payments on real estate loans aggregating $11.7 million, which has increased the restricted cash balance of CDO II.  All of the loans are currently performing although we do expect certain of the mezzanine loans indirectly secured by hospitality assets to incur principal losses at maturity.  These estimated losses have been considered in determining the fair value of real estate loans at December 31, 2010.

Dividends:

The Company did not declare any dividends in 2010, and given expectations of continued tax losses, does not expect to declare dividends in the foreseeable future.

2011 Annual Meeting of Shareholders:

The 2011 annual meeting of shareholders of the Company is scheduled to be held on June 28, 2011 at 2:00 PM, Eastern Daylight Time, at the Courtyard by Marriott—Tysons Corner, 1960-A Chain Bridge Road, McLean, Virginia 22102.  At the 2011 annual meeting, shareholders will be asked to vote upon a proposal to elect three directors to serve until the 2012 annual meeting of stockholders and until their respective successors are elected and duly qualified.  In addition, this statement of affairs will be submitted at the annual meeting and filed in the Company's corporate records within twenty (20) calendar days following the annual meeting.

Financial Statements:

The December 31, 2010 financial statements included in this press release have not been and will not be audited.  Accordingly, the Company gives no assurance that such financial statements have been prepared in accordance with generally accepted accounting principles ("GAAP").  However, given the current financial condition of the Company, management believes that an independent auditor would conclude that a substantial doubt about the Company's ability to continue as a going concern exists at December 31, 2010.  This is consistent with conclusions reached by independent auditors with respect to the Company's 2008 and 2009 audited financial statements.

About JER Investors Trust Inc.

JER Investors Trust Inc. is a specialty finance company quoted on the Pink Sheets that manages a portfolio of commercial real estate structured finance products. Our investments include commercial mortgage backed securities, mezzanine loans and participations in mortgage loans, and an interest in the US Debt Fund.  JER Investors Trust Inc. is organized and conducts its operations so as to qualify as a real estate investment trust ("REIT") for federal income tax purposes.  For more information regarding JER Investors Trust Inc., please visit www.jerinvestorstrust.com.

Forward-Looking Statements

This press release contains forward-looking statements based upon the Company's beliefs, assumptions and expectations of its future performance, taking into account all information currently available. These beliefs, assumptions and expectations can change as a result of many possible events or factors, not all of which are known to the Company or are within its control. If a change occurs, the Company's business, financial condition, liquidity and results of operations may vary materially from those expressed in its forward-looking statements. Factors that could cause actual results to differ materially from JER Investors Trust's expectations include, but are not limited to, the Company's ability to cover its operating cash needs, changes in the real estate and capital markets, the Company's ability to maintain existing financing arrangements, the effect of trading on the Pink Sheets, other risks included as part of the Company's Annual Report on Form 10-K for the year ended December 31, 2009 filed on December 20, 2010 and other factors which may be beyond the Company's control.  The Company filed a Form 15 with the SEC on March 31, 2010 and has ceased to be an SEC reporting company.  Since the Company is no longer an SEC reporting company, the information contained in previously filed SEC reports may not be current and circumstances may have changed significantly since the dates of such filings. Any forward-looking statements contained herein speak only as of the date of this press release. JER Investors Trust expressly disclaims any obligation to release publicly any updates or revisions to any forward-looking statements contained herein to reflect any change in JER Investors Trust's expectations with regard thereto or change in events, conditions or circumstances on which any statement is based.

CONTACT:

J. Michael McGillis

Chief Financial Officer

JER Investors Trust Inc.

(703) 714-8000

JER INVESTORS TRUST INC. AND SUBSIDIARIES

CONSOLIDATED BALANCE SHEETS

(In thousands, except share data)

















December 31,









2010



2009









(unaudited)



(audited)

ASSETS













Cash and cash equivalents



$            1,674



$                  668



CDO related restricted cash



18,282



6,874



CMBS financed by CDOs, at fair value



66,987



74,838



CMBS not financed by CDOs, at fair value



2,924



11,173



Real estate loans, held for investment, financed by CDOs, at fair value



120,727



111,085



Investment in US Debt Fund



1,406



65



Accrued interest receivable



3,147



4,154



Due from affiliates



-



368



Deferred financing fees, net



855



888



Other assets





296



402



















Total Assets



$        216,298



$           210,515















LIABILITIES AND STOCKHOLDERS' EQUITY









Liabilities:













CDO notes payable, at fair value



$        153,106



$           117,233



NAB note payable



29,004



10,837



Interest rate swap agreements related to CDOs, at fair value



37,005



38,277



Terminated interest rate swap agreement related to CDO I



16,999



-



Junior subordinated notes



60,598



59,028



Repurchase agreements



-



6,966



Accounts payable and accrued expenses



107



910



Due to affiliate





5,047



2,451



Other liabilities





1,747



1,920





Total Liabilities



303,613



237,622















Stockholders' Equity:











Common stock, $0.01 par value, 100,000,000 shares authorized,











5,827,478 shares issued and outstanding











at December 31, 2010 and 2009, respectively



57



57



Additional paid-in capital



413,573



413,573



Cumulative cash dividends paid



(157,705)



(157,705)



Cumulative stock dividends paid



(20,462)



(20,462)



Cumulative deficit



(306,705)



(242,465)



Accumulated other comprehensive loss



(16,073)



(20,105)



















Total Stockholders' Equity (Deficit)



(87,315)



(27,107)





Total Liabilities and Stockholders' Equity (Deficit)



$        216,298



$           210,515





JER INVESTORS TRUST INC. AND SUBSIDIARIES

CONSOLIDATED STATEMENTS OF OPERATIONS

(In thousands, except share and per share data)













For the Twelve Months Ended December 31,









2010



2009



2008









(unaudited)



(audited)



(audited)

REVENUES















Interest income from CMBS



$            36,967



$          53,984



$          80,495



Interest income from real estate loans



9,625



9,649



27,691



Interest income from cash and cash equivalents



1



18



836



Equity in earnings (losses), net, of unconsolidated joint ventures



1,406



(2,382)



(1,449)



Fee income



-



1,051



544





Total Revenues



47,999



62,320



108,117



















EXPENSES















Interest expense



22,102



26,731



52,989



Management fees, affiliate



1,916



4,151



6,725



General and administrative



2,957



7,010



7,037





Total Expenses



26,975



37,892



66,751



















INCOME BEFORE OTHER GAINS (LOSSES)



21,024



24,428



41,366



















OTHER GAINS (LOSSES)















Unrealized gain (loss), net, on financial assets financed with CDOs



3,621



(171,689)



(454,232)



Unrealized (loss) gain, net, on CDO related financial liabilities



(40,178)



115,395



438,046



Loss on interest rate swaps



(19,401)



(23,232)



(17,238)



Loss on impairment of CMBS



-



(26,496)



(163,017)



Reversal of previously recognized unrealized losses, net,

  on repayment of real estate loans



4,396



-



-



Reversal of previously recognized unrealized losses, net,

  on terminated interest rate swaps



6,762



-



-



Unrealized gain (loss), net, on real estate loans



-



-



13,866



Unrealized gain (loss) on non-CDO related interest rate swaps



-



13,860



(13,516)



Gain on exchange and cancellation of TRUPs



-



3,175



-



Loss on sale of real estate loans



-



-



(92,541)



Loss on repayment of real estate loans



(3,000)



-



-



Loss on sale of CMBS not financed by CDOs



(78,765)



-



-



Reversal of previously recognized impairments on CMBS sold



72,221



-



-



Loss on establishing termination value on NAB note payable



(16,467)



-



-



Loss on termination of interest rate swaps



(14,453)



(12,280)



(6,885)



Total other gains (losses)



(85,264)



(101,267)



(295,517)

NET LOSS



$          (64,240)



$         (76,839)



$       (254,151)



















Net loss per share:















Basic





$            (11.02)



$           (14.57)



$           (98.75)





















Diluted



$            (11.02)



$           (14.57)



$           (98.75)



















Weighted average shares of common stock outstanding:















Basic





5,827,949



5,274,010



2,573,759





















Diluted



5,827,949



5,274,010



2,573,759



















Dividends declared per common share



$                   -



$                  -



$            17.80





JER INVESTORS TRUST INC. AND SUBSIDIARIES

CONSOLIDATED STATEMENT OF CHANGES IN STOCKHOLDERS' EQUITY (unaudited)

(In thousands)







































Common Stock



Additional



Cumulative Cash

Dividends Paid/



Cumulative Stock

Dividends Paid/



Cumulative

Earnings



Accumulated Other

Comprehensive









Shares



Amount



Paid-in Capital



Declared



Declared



(Deficit)



Income (Loss)



Total



































Balance at December 31, 2008



2,590



26



392,744



(157,705)



-



(165,626)



(23,076)



46,363



































Comprehensive loss:

































Net loss























(76,839)







(76,839)

Amortization of swap termination costs



























540



540

Amortization of unrealized losses on CDO related

  interest rate swaps in other comprehensive loss at

  December 31, 2008



























2,419



2,419

Unrealized gains (losses) on non-CDO CMBS

  available for sale



























12



12

Total comprehensive income (loss)































(73,868)



































Dividends declared/paid



2,398



24



20,438







(20,462)











-

Stock issued in exchange for retirement of debt



849



8



374



















382

Stock based compensation- restricted share awards, net of terminations



(10)



(1)



17



















16

Balance at December 31, 2009



5,827



57



413,573



(157,705)



(20,462)



(242,465)



(20,105)



(27,107)



































Comprehensive loss:

































Net loss























(64,240)







(64,240)

Amortization of swap termination costs



























573



573

Amortization of unrealized losses on CDO related

  interest rate swaps in other comprehensive loss at

  December 31, 2008



























2,532



2,532

Unrealized gains (losses) on non-CDO CMBS

  available for sale



























927



927

Total comprehensive income (loss)































(60,208)

Balance at December 31, 2010



5,827



$           57



$             413,573



$            (157,705)



$              (20,462)



$       (306,705)



$               (16,073)



$            (87,315)





JER INVESTORS TRUST INC. AND SUBSIDIARIES

CONSOLIDATED STATEMENTS OF CASH FLOWS

(In thousands)



















For the Twelve Months Ended December 31,













2010



2009



2008























CASH FLOWS FROM OPERATING ACTIVITIES:















Net loss





$   (64,240)



$      (76,839)



$      (254,151)



Adjustments to reconcile net loss to net cash provided by operating activities:

















Amortization (accretion) of CMBS



(12,297)



11,818



7,277





Accretion of junior subordinated notes and notes payable



3,270



3,223



-





Accretion of CDO notes payable



13,681



5,137



-





Amortization of debt issuance costs



33



93



3,442





Amortization of other comprehensive (income) loss related to

  CDO related interest rate swap agreements



3,105



2,960



2,824





Unrealized loss (gain) on CDO related financial assets and liabilities, net



36,557



56,294



16,186





Unrealized (gain) loss on interest rate swaps



-



(1,580)



20,401





Reversal of previously recognized unrealized losses, net,

  on repayment of real estate loans



(4,396)



-



-





Reversal of previously recognized unrealized losses, net,

  on terminated interest rate sweaps



(6,762)



-



-





Reversal of previously recognized impairments on CMBS sold



(72,221)



-



-





Unrealized loss on impairment of CMBS



927



26,496



163,017





Unrealized loss on real estate loans held for sale, net



-



-



(13,866)





Loss on repayment of real estate loans



3,000



-



-





Loss on establishing termination value of NAB note payable



16,467



-



-





Loss on termination of interest rate swap



14,453



-



-





Loss on sale of CMBS investments



78,765







-





Loss on sale of real estate loans held for sale



-



-



92,541





Gain on exchange and cancellation of TRUPs



-



(3,175)



-





Equity in (earnings) losses, net, from unconsolidated joint ventures



(1,406)



2,382



1,449





Distributions from unconsolidated joint ventures



65



-



1,252





Payment-in-kind ("PIK") interest on real estate loans held for sale



-



-



(4,478)





Non-cash interest expense on junior subordinated debentures and notes payable



-



1,432



-





Non-cash expense related to shares issued for TRUPs exchange and cancellation



-



145



-





Stock compensation expense



-



17



241





Changes in assets and liabilities:



















Decrease (increase) in other assets



106



87



(16)







Decrease (increase) in accrued interest receivable



1,007



4,190



2,072







Increase (decrease) in due to/from affiliates, net



2,964



1,551



(464)







Increase (decrease) in accounts payable and accrued expenses

  and other liabilities, net



(976)



(500)



(1,286)





























Net cash provided by operating activities



12,102



33,731



36,441























CASH FLOWS FROM INVESTING ACTIVITIES:















Investment in unconsolidated joint ventures



-



(1,606)



(2,231)



(Increase) decrease in restricted cash, net



(11,408)



(5,725)



5,538



Proceeds from repayment of real estate loans



11,728



5,534



8,528



Proceeds from sale of real estate loans



-



-



114,752



Proceeds from sale of unconsolidated joint ventures



-



-



39,448



Proceeds from sale of CMBS investments



5,500



-



-







Net cash provided by (used in) investing activities



5,820



(1,797)



166,035























CASH FLOWS FROM FINANCING ACTIVITIES:















Dividends paid





-



(2,274)



(51,637)



Proceeds from repurchase agreements



-



-



2,926



Repayment of repurchase agreements



(6,966)



(9,142)



(223,065)



Repayment of CDO notes payable



(8,390)



(24,050)



-



Repayment of note payable



-



(540)



-



Exchange and cancellation of junior subordinated debentures



-



(337)



-



Payment of financing costs



-



-



(3,014)



Payment of interest rate swap termination costs



(1,560)



(3,280)



(6,885)







Net cash used in financing activities



(16,916)



(39,623)



(281,675)























Net decrease in cash and cash equivalents



1,006



(7,689)



(79,199)























Cash and cash equivalents at beginning of period



668



8,357



87,556























Cash and cash equivalents at end of period



$       1,674



$             668



$           8,357























Supplemental Disclosures of Cash Flow Information















Cash paid for interest





$     21,463



$        37,957



$         68,752



Non-cash note payable in satisfaction of interest rate swap agreements



$             -



$          9,000



$                 -



Non-cash note payable in satisfaction of repurchase agreement



$             -



$               -



$              500



Transfer of real estate loans in satisfaction of repurchase agreement



$             -



$               -



$         25,171



Dividends declared but not paid



$             -



$               -



$           2,274



Stock issued as part of exchange and cancellation of TRUPs



$             -



$             382



$                 -





SOURCE JER Investors Trust Inc.

Copyright 2011 PR Newswire

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