Bondholders at odds over role of special servicers

Special servicers have an unenviable task in the distressed CMBS market: keeping everybody happy. “In the absence of a liquidity event the special servicer is in control. Without a clear mandate for unilateral action, creative solutions are key to achieving a restructuring,” says Nigel Das, director at Rothschild.

In any CMBS deal the bonds have a legal final maturity and the loan has a legal final maturity and the two will be different. It is the special servicer’s job to maximize recoveries for all bondholders until the legal final maturity of the notes, upon which that mandate passes to the senior bondholders. The structures also incorporate an operating adviser, which has no rights or powers other than consultation rights – this is usually the junior noteholder.

Access intelligence that drives action

To unlock this research, enter your email to log in or enquire about access