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By Prashant Gopal May 28 (Bloomberg) — New home sales in Phoenix and Las Vegas, two U.S. markets hardest hit by foreclosures, are set to plunge as a federal tax credit for homebuying expires, according to data from real estate researcher Metrostudy. A sample of subdivisions in both cities showed sales contracts for new homes “pulled back sharply in May and contract cancellations spiked,” Houston-based Metrostudy said in an e-mail. Would-be buyers canceled about 40 percent of new home contracts in San Diego in May, up from 10 percent in April, the company said. Data on new signings in that city weren’t immediately available. Sales indicators fell after April 30, the last day for homebuyers to sign contracts in time for a federal tax credit of as much as $8,000 for first-time purchases and $6,500 for certain “move-up” buyers. The deadline may have hurried customers to snap up properties when they otherwise would have waited, said Brad Hunter , chief economist based in Palm Beach Gardens, Florida, for Metrostudy. CBH Homes , a Meridian, Idaho-based builder whose average house price is about $145,000, countered the post-tax credit slump with a one-month “Tax Credit After Party.” It’s offering as much as $8,000 in savings for signing a contract in May. “Think you missed out on the tax credit? THINK AGAIN,” the company says on its website. “Buyers have a certain mindset,” Holly Haener, director of sales and marketing for CBH, said in a telephone interview. “They want to see that savings.” Phoenix Falls In Phoenix, contracts in the subdivisions surveyed by Metrostudy fell almost 49 percent for the week ended May 24 from the same period a year earlier, Hunter said. More than 8 percent of Phoenix households received a notice of default, auction or foreclosure in 2009, ranking the city the eighth worst in the country, according to Irvine, California-based research company RealtyTrac Inc. Signed contracts in Metrostudy’s Las Vegas subdivisions dropped 12 percent for the week ended May 24 from a year earlier. They climbed 220 percent in the last week of April, an indication of buyer interest in capturing the tax credit before it ended, Metrostudy said. Las Vegas had the highest rate of foreclosure filings in the U.S. last year, with 12 percent of households receiving a notice, according to RealtyTrac. U.S. Property Sales The tax credit helped push U.S. new home sales up 15 percent in April to the highest annual pace since May 2008, the Commerce Department said May 26. “We had this large spike before the tax credit expiration and now we see the downside of that,” Hunter said in an interview. “Based on this research, it seems that a post-credit pullback is under way.” Larry Seay , chief financial officer of Meritage Homes Corp. of Scottsdale, Arizona, said demand has dropped across the company’s markets, which include Phoenix, Denver, Houston, Las Vegas, and Orlando, Florida. “The tax credit during the first four months of the year did positively impact sales,” Seay said. “We’re seeing a bit of a fall since then.” Meritage is prepared to weather any temporary decline because it is selling a greater proportion of lower-cost properties. Companies should avoid price cuts or incentives that drive down already slim margins, said Jason Forrest, president of Fort Worth, Texas-based Shore Forrest Sales Strategies, a consultant for builders. “The solution is to create a strategy and a sales message,” Forrest said. To contact the reporter on this story: Prashant Gopal in New York at Pgopal2@bloomberg.net .

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New Home Sales Set to Plunge in Former Bubble Markets

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By Daniel Taub and Prashant Gopal April 27 (Bloomberg) — Simon Property Group Inc. , the mall owner bidding to bring General Growth Properties Inc. out of bankruptcy, is in talks to add Blackstone Group LP as a partner in its investment, Chief Executive Officer David Simon said. “Blackstone is interested in working with us,” Simon said in an interview today at the Milken Institute Global Conference in Beverly Hills, California. “We have ongoing discussions with them.” Simon has already lined up Paulson & Co., ING Clarion Real Estate Securities, Taconic Capital Advisors, Oak Hill Advisors LP and Deutsche Bank AG’s RREEF as co-investors. General Growth, the biggest U.S. mall owner after Simon, has endorsed a rival bankruptcy exit plan led by Brookfield Asset Management Inc. Simon, based in Indianapolis, made its investment proposal after General Growth rejected a $10 billion takeover offer in February. Blackstone had been interested in teaming with Simon on a complete buyout, David Simon said today. “Their No. 1 focus has been on being our partner if we’re able to buy the company,” he said. “But I think they are considering whether they want to buy some stock as part of a recap as well.” Christine Anderson , a spokeswoman for New York-based Blackstone, couldn’t immediately be reached for comment. To contact the reporter on this story: Daniel Taub in Los Angeles at dtaub@bloomberg.net ; Prashant Gopal in New York at pgopal2@bloomberg.net .

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Simon Is in Talks With Blackstone About Joining General Growth Investment

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JPMorgan Unit Subpoenaed in U.S. Investigation of New Jersey Tax-Lien Bids

April 20, 2010

By Prashant Gopal April 20 (Bloomberg) — A JPMorgan Chase & Co. subsidiary is among at least three companies being investigated as part of a U.S. Justice Department antitrust probe of bidding at municipal tax-lien auctions in New Jersey. JPMorgan’s Xspand unit and Vienna, Virginia-based Mooring Tax Asset Group received grand jury subpoenas last year, according to an August prospectus for New York City tax-lien bonds that are serviced by the firms. Two units of Royal Bank America were subpoenaed, its parent, Royal Bancshares of Pennsylvania Inc . said in a March 2009 regulatory filing. New Jersey municipalities auction about $100 million a year in tax debts on commercial and residential property to investors, said Vincent Belluscio, executive director of the state tax collectors and treasurers association. Antitrust officials are probing whether investors colluded to limit competition on sales to win a higher return, he said. In New Jersey, the liens can carry annual interest of as much as 18 percent. The auctions are designed so that investors bid down the interest rate they’re willing to accept. “The problem is these investors have a tendency to meet in the hallway before a sale and divvy up the list,” Belluscio said. “They say, ‘We’ll buy these properties, and you buy those.’ And the interest rate holds at 18 percent.” Belluscio said his information comes from a tax collector who was visited by a federal investigator. Cities and towns in New Jersey and 27 other states sell tax debts to investors to raise cash and help plug budget deficits. Some of the debts are packaged into bonds and sold. Tax-lien buyers also get the right to collect penalties imposed on delinquent taxpayers by governments, and have first priority to take possession of properties when the owners don’t pay their taxes. Industry Concern About $5 billion of property-tax delinquencies are sold each year, Xspand officials told the Unified Government Commission of Wyandotte County and Kansas City, Kansas, according to a transcript of the Nov. 25 meeting on the municipality’s Web site. In Florida, $1.8 billion of the liens were sold last year, making it the largest property-debt auction market in the U.S., according to Plantation, Florida-based RealAuction.com, which conducts online tax sales in counties throughout the state. “Everybody’s concerned,” said Adam D. Greenberg, managing partner of law firm Honig & Greenberg in Cherry Hill, New Jersey, whose clients include tax-lien investors. “Even if you’re innocent, just responding to an investigation is expensive.” Greenberg said he knows of other investors who received subpoenas, though he declined to identify them or say if they are clients. Significant Buyers Justin G. Perras , a JPMorgan spokesman, declined to comment, as did Mark Sanders, a spokesman for Narbeth, Pennsylvania-based Royal Bank, whose Crusader Servicing Corp. and Royal Tax Lien Services LLC units are subjects of the probe. “Anybody who is a significant buyer in New Jersey has been subpoenaed,” said John M. Jacquemin , president and founder of Mooring Financial Corp., which has managed and serviced more than $1 billion in delinquent tax liens since starting Mooring Tax Asset Group in 1997. “We certainly were not involved with any collusion.” Mooring for at least eight years has trained its bidders on the company policy against anti-competitive behavior and requires them to sign statements confirming that they understand the expectations, he said. Alisa Finelli, a spokeswoman for the Justice Department in Washington, declined to comment. Founded by Florio Xspand, which was founded by former New Jersey Governor James Florio in 2000, was acquired by Bear Stearns Cos. six years later. Also known as Plymouth Park Tax Services, it became part of JPMorgan when the New York-based bank took over Bear Stearns in 2008 to prevent a collapse. Xspand, based in Whippany, New Jersey, effectively stopped participating in open-outcry auctions about nine months ago, a person familiar with the decision said. It had become the largest tax-lien investor in the U.S., buying $2 billion of public debt across the country since 2008, The New York Times reported Aug. 18. The company continues to service tax liens and bid on them in Internet auctions and bulk sales by municipalities, said the person, who asked not to be identified because of the investigation. Florio, who sold his Xspand interest in 2006, said he wasn’t aware of the Justice Department investigation. Tax-lien sales were heated when he ran the company, he said in an April 16 telephone interview. “It was very, very competitive,” he said. Maryland Case Last June, Harvey M. Nusbaum and Jack W. Stollof were indicted in federal court in Maryland for conspiring to rig tax- lien bids at auctions in the state. Nusbaum and Stollof and others “agreed among themselves which of them would bid on specific tax liens or groups of tax liens, and agreed upon specific prices to be bid in certain auctions,” according to a June 16 statement by the Justice Department. Nusbaum entered a plea agreement and Stollof pleaded guilty early this year. “With so many homeowners struggling these days, it is more important than ever that all aspects of real estate transactions, including tax-lien auctions, remain competitive and free from collusion,” Scott D. Hammond , deputy assistant U.S. attorney general for criminal enforcement of the department’s antitrust division, said in a prepared statement last June. To contact the reporter on this story: Prashant Gopal in New York at pgopal2@bloomberg.net .

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Gap Contacted by Antitrust Regulator on Simon Property’s Prime Outlet Deal

February 28, 2010

By Matthew Townsend, Prashant Gopal and Daniel Taub Feb. 27 (Bloomberg) — Gap Inc. was contacted by the Federal Trade Commission about Simon Property Group Inc. ’s proposed acquisition of Prime Outlets Acquisition Co. “We are aware of the FTC’s inquiry into the proposed Simon acquisition of Prime Outlets and we are responding to its inquiries,” Louise Callagy , a spokeswoman for the San Francisco-based clothing retailer, said in a telephone interview yesterday. Gap has stores at outlets owned by both Simon and Prime. Simon agreed in December to buy Prime Outlets from Lightstone Group for $2.33 billion including debt. The deal would the largest U.S. mall owner an additional 22 retail outlet centers, increasing its total to more than 60. Simon also is trying to buy bankrupt General Growth Properties Inc., its biggest rival. General Growth rejected Simon’s unsolicited bid Feb. 16, saying the $10 billion offer was too low. Simon’s bid to buy General Growth out of Chapter 11 bankruptcy may also face regulatory hurdles, David Fick , an analyst with Stifel Nicolaus & Co. in Baltimore, said in a telephone interview. “If there are issues with tenants on the smaller deal, there’s potentially a bigger issue with tenants on a bigger deal,” Fick said. Simon Property Chairman and Chief Executive Officer David Simon and Les Morris , a Simon spokesman, didn’t respond to telephone calls seeking comment. Cecelia Prewett, an FTC spokeswoman, also didn’t respond to messages. Before Formal Investigation David Keating , a spokesman for Chicago-based General Growth, declined to comment. Robert Pitofsky , a law professor at Georgetown University and a former chairman of the Federal Trade Commission, said the agency often calls competitors and other relevant parties before deciding whether to launch a formal investigation. “This is a very common approach to horizontal or vertical mergers,” he said. “You have to know a lot more about the facts before you fire off some kind of formal investigation.” General Growth this week announced an agreement to split itself into two companies as part of an effort to exit bankruptcy with a $2.63 billion investment from Brookfield Asset Management Inc. Other bids may still be made, General Growth President Thomas H. Nolan Jr . said on Feb. 24. Simon subsequently signed a confidentiality agreement allowing it to review General Growth’s finances as it considers the potential acquisition, according to a person familiar with the pact. ‘Once-Over’ “The bare facts that are known today suggest that the transaction will at least get a once-over, either by the Department of Justice or the FTC, simply because you’re combining No. 1 with No. 2,” said Brian Weinberger, an antitrust attorney with Buchalter Nemer in Scottsdale, Arizona. “If nothing else, the competitors of Simon and General Growth will look at those issues and consider whether to object,” he said. David Simon has dismissed concerns about the FTC blocking a purchase of General Growth. Simon isn’t at risk of having too large a market share or a monopoly in any market, he said in a Feb. 5 conference call with analysts and investors. “We certainly would argue strenuously that neither of those occur with or without GGP or anybody else,” he said. “There’s a lot of retail real estate out there. And it’s very diverse, and retailers go in and out of product all the time. And I don’t think you can look at one particular segment or one particular market.” To contact the reporters on this story: Matt Townsend in New York at mtownsend9@bloomberg.net ; Prashant Gopal in New York at Pgopal2@bloomberg.net ; Daniel Taub in Los Angeles at dtaub@bloomberg.net .

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