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Population ‘moving south in droves’ creates opportunities for U.S. real estate investments

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This is Globe Advisor’s weekly newsletter for professional financial advisors, published every Friday. If someone has forwarded this newsletter to you via e-mail, or you’re reading this on the web, you can register for Globe Advisor, then sign up for this newsletter and others on our newsletter sign-up page.

More investors are turning to alternative investments such as private real estate, equity and debt to help balance their portfolios.

Real estate is particularly appealing to Canadians, both at home and across the border in the U.S. Perhaps not surprisingly, Canadians made up the largest share of foreign buyers of U.S. property, or 11 per cent of purchases, from April 2021 to March 2022, followed by Mexicans, at 8 per cent, and Chinese, at 6 per cent, according to the National Association of Realtors.

For investors, real estate may not sound like a great investment today, given rising interest rates. However, some argue it’s an attractive time to buy into the asset class, particularly the lenders.

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“Floating-rate assets paired with attractive characteristics can offer investors a way to mitigate inflation risk,” says Dean Kirkham, president and chief operating officer at real estate financier Trez Capital in Vancouver.

Globe Advisor spoke recently with Mr. Kirkham about how alternative assets, specifically real estate, can fit into Canadian investors’ portfolios.

What are some of the key trends you’re seeing right now in real estate?

The biggest thing we’re seeing on both sides of the Canada-U.S. border is a massive shortfall in housing due to a combination of rising immigration and more restrictive lending since the 2008 global financial crisis.

In the U.S., where we’re focused, there are two markets – the U.S. sunbelt region and the rest of the country. The population is moving south in droves. While inflation and rising interest rates are a concern, the population is still growing and may accelerate due to migration trends.

So, it’s providing a lot of opportunity in these markets that we’re not seeing in the rest of the U.S. We’re focused on investment in the southern U.S. for this reason. We feel confident in the values in this market from a lender’s perspective and the possibility of achieving higher returns on our investments – even better than what we were getting in the past.

Why are higher interest rates an opportunity for investors?

Rising interest rates have cooled the housing market, yet there’s still a lot of demand.

Developers who can get projects off the ground in this high-interest rate environment are well-positioned because of the housing shortfall. Higher rents are also making these projects more viable, creating sufficient returns for developers to launch projects and move forward. That’s where we see the opportunities.

What are you hearing from advisors on your strategy?

When it comes to alternative assets, advisors are looking for expert asset managers who have experience and understand what’s happening in a particular space, such as real estate in our case.

Many like real estate because it’s a relatively stable investment backed by strong macroeconomic trends. Advisors are also interested in achieving stable returns as part of a broader portfolio mix.

This interview has been edited and condensed.

– Brenda Bouw, Globe Advisor reporter

Must-reads from Globe Advisor this week

How to manage the mindset around debt as the cost of borrowing increases

In a persistently low-interest rate environment, the often painful consequences of taking on debt are minimized. Borrowing money during the past 14 years or so has felt almost free, leading borrowers to assume that their rates will stay low and debt payments will remain the same. However, during the past year, interest rates have risen faster than in any other one-year period during the past 30 years. While this sharp increase has affected most asset classes negatively, many people are feeling the pain most acutely when it comes to managing debt. Alexandra Horwood of Richardson Wealth Ltd. gives tips on how to manage debt to reach financial goals.

Why second marriages require a more robust review of estate plans

With one in four adult Canadians getting married for a second time in their lives, according to recent Statistics Canada data, developing an estate plan that works for their new circumstances is becoming more crucial to protect their individual assets, trust and estate, experts say. That’s especially important if both partners have children from their first marriage. While some may want to set up a marriage contract in advance, others may want to take care of their affairs later with an estate lawyer. Deanne Gage looks at why second-marriage couples should set up a mutual estate planning agreement separate from their wills.

How Canada’s immigration goal will drive the growth of residential REITs

Canada’s goal of attracting 1.5 million immigrants during the next three years is acting as a powerful catalyst for the real estate investment trusts that own apartments and multi-family rental accommodations. Although interest rate increases during the past year have battered the sector, analysts say the panic selling was overdone and the future is bright given that demand for affordable housing is already far greater than the supply. The wave of immigration is intensifying the shortages, they add. Adam Mayers gives an outlook for the sector and explores where opportunities exist.

Why this money manager is betting on global food and entertainment giants

While some investors believe a sharp economic downtown is on the horizon, money manager Christine Poole sees some moderating factors that could lessen the pain. “I’m not in the camp of a ‘hard landing’ at this point, unless we have some black swan event,” says the chief executive officer and managing director of Toronto-based GlobeInvest Capital Management Inc., who oversees about $265-million in assets. One stock she’s been adding is Mondelez International Inc. MDLZ-Q, the global snack food company. Brenda Bouw speaks to her about what she’s buying and selling.

Also see:

What makes for a comprehensive estate plan?

Why health care is becoming a growing part of more advisors’ practices

This 85-year-old who’s written several books in retirement relishes being ‘in charge’ of her time

Wall Street titans confront ESG backlash as new financial risk

Over US$1-trillion of risky U.S. loans still shackled to LIBOR as deadline looms

What you and your clients need to know

Mutual fund managers that stand out in prioritizing investor interests

When looking for a mutual fund to hold for the long term, investors commonly consider things such as historical performance (on an absolute basis and in comparison to category peers) as well as fees. Equally important, though, and often overlooked, is having an understanding of the firm that manages the mutual fund, also known as the asset manager. How a firm operates and the way in which decisions are made can affect areas including capacity and risk management, recruitment and retention of key personnel, investment professional compensation, and pricing schemes. Weaknesses and strengths in these areas can affect the longevity of investments. Danielle LeClair of Morningstar Research Inc. looks at top-rated mutual funds from top-rated managers.

Remote work is hurting productivity and innovation, says RBC CEO

The stunted pace of workers returning to the office is taking a notch out of productivity and innovation, Royal Bank of Canada chief executive officer Dave McKay says. The head of Canada’s largest lender made the comments during a conference call to discuss the bank’s first-quarter earnings. While some employers in Canada have mandated that staff work at offices more often, corporate leaders have grappled with employees resisting calls for teams to return to the workplace. “All CEOs in every sector I talk to are struggling with a balance of developing talent, promoting talent, building culture, creating productivity. It’s tough, we don’t have the final model yet,” says Mr. McKay. Stefanie Marotta reports on what the bank is doing.

The government should include a capital gains tax exemption for employee ownership trusts

Seventy-six per cent. That’s the number of Canadian business owners who anticipate retiring in the next decade and must now explore what’s next for their company. With the federal budget just around the corner, the government is in a unique position to help these owners protect their businesses, look after their workers and preserve their legacies with the implementation of employee ownership trusts, in which businesses are essentially sold to staff. As a supporter of the newly formed Canadian Employee Ownership Coalition, and in light of the proven benefits to society of employee ownership, Tony Loffreda urges the government to give serious consideration to include a capital gains tax exemption for business owners in its trust model.

– Globe Advisor Staff

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Real eState

Former HGTV star slapped with $10 million fine and jail time for real estate fraud – Fortune

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Back when mortgage rates and home prices were more reasonable and manageable, homeowners invested in fixer-upper properties and made them their own. Now these types of projects aren’t as popular. But in the early-to-mid-2010s, HGTV shows including Fixer Upper, Love It or List It, and Flip It to Win It were all the rage as viewers binge-watched dilapidated homes transform into dream properties.

But as it turns out, one former HGTV star’s house-flipping show was masking major real estate fraud. On Tuesday, Charles “Todd” Hill, was sentenced to four years in jail and ordered to pay back nearly $10 million to his victims following his conviction. Los Gatos, Calif.–based Hill, 58, was the star of HGTV show Flip It to Win It, which aired in 2013 and featured Hill and his team purchasing dilapidated homes and fixing them up. Hill then sold them for a profit.

“Some see the huge amount of money in Silicon Valley real estate as a business opportunity,” Santa Clara County District Attorney Jeff Rosen said in a statement. “Others, unfortunately, see it as a criminal opportunity—and we will hold those people strictly accountable.”

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What did Hill do?

According to the indictment shared with Fortune, the accusations against Hill happened between 2012 and 2014, around the time his show (which lasted just one season) began. The indictment shows 10 counts of grand theft of personal property exceeding $950,000; three counts of embezzlement; and one count of diversion of construction funds. Hill could not be reached by Fortune to comment on the indictment, conviction, or sentencing.

Hill was convicted last year of the multiple fraud schemes, including scams that happened before his show aired. This included a Ponzi scheme with evidence showing that Hill had spent laundered money on a rented apartment in San Francisco, hotels, vacations, and luxury cars, according to a press release from the Santa Clara County District Attorney’s Office. HGTV did not respond to requests for comment from Fortune ahead of publication.

“To hide the theft, he created false balance sheets and got loans using fraudulent information,” according to the district attorney’s office. In another case, Hill diverted construction money for personal use. But one of the strangest accounts came from an investor who had poured $250,000 into a property he wanted Hill to remodel. 

Instead, during a tour of the home, the investor “found it to be a burnt-down shell with no work done on it.”

After the district attorney’s investigation, Hill was indicted in November 2019 and in September 2023 admitted his guilt and was convicted by plea of grand theft against all of his victims. He’ll have to pay restitution of more than $9.4 million and serve 10 years on probation.

Victims who spoke at Tuesday’s hearing said they’re still reeling from the financial and professional damages from the fraud, according to the district attorney’s office.

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Botched home sale costs Winnipeg man his right to sell real estate in Manitoba – CBC.ca

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A Winnipeg man’s registration as a real estate salesman has been cancelled after a family vacated their home on a tight deadline for a sale that never went through, then changed brokerages and, months later, got $60,000 less for their house than what they expected when they moved out.

A Manitoba Securities Commission panel found Reginald Wayne Kehler engaged in professional misconduct and conduct unbecoming a registrant when he signed a document on behalf of sellers without their knowledge, reduced the listing price of a home without their approval, and didn’t tell them for nearly a month that a potential buyer hadn’t paid a promised $100,000 deposit.

The sellers, identified as D.R. and P.R. in the panel decision released Wednesday, were awarded $10,394 from the real estate reimbursement fund. Kehler was ordered to pay $12,075 to cover costs of the investigation and hearing.

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The sellers were a military family who had to move in 2020 after the husband was posted to Ottawa.

They chose Kehler as their listing agent, because he had helped them find the home when they moved to Winnipeg in 2018, and they had a good relationship with him, the panel’s decision says.

They  listed their house in May and on June 15, 2020, accepted an offer of $570,000 with possession on July 15. A deposit of $100,000 was to be paid within 72 hours of acceptance of the offer.

Kehler was the salesperson for both the buyer and the sellers — but the sellers say he never told them that.

A form that indicated the sellers knew he was also representing the buyer, dated June 15, 2020, was filed.

While it appeared to be signed with the sellers’ names, they said they didn’t see it until March 2021. One of the two wasn’t even in Winnipeg on June 15.

“Kehler, in his interview with commission staff, acknowledges that the sellers never signed this document — we note that the purported signatures on the form look nothing like the actual signatures of the sellers on other documents,” the decision says.

Kehler told commission staff he’d been authorized to sign on the sellers’ behalf, which they denied. The panel found them more believable.

Once the deal was made, the sellers, believing they had just a month before the buyer would take possession of their home, quickly packed up and prepared to move with their two young children.

Buyer never made deposit

Meanwhile, the buyer hadn’t made the $100,000 deposit before the deadline — but Kehler didn’t tell the sellers.

Kehler told commission staff that was because he thought the deposit was still coming, and he didn’t want to cause more stress for the sellers.

On July 10, just five days before the buyer was to take possession and the day before the family was leaving Winnipeg, the sellers spoke to Kehler — but he still didn’t tell them the deposit hadn’t been paid.

Kehler “said everything was fine,” according to the decision.

It wasn’t until the evening of July 13, when the family arrived in Toronto on their way to Ottawa and just 36 hours before the scheduled closing, that Kehler told them he’d never received the deposit.

Eventually, they received $4,000 of the deposit, but the sale of the house never closed. The sellers scrambled to extend the insurance on their old home and make sure they continued to pay the utility bills, the decision says.

Home relisted

Kehler then recommended they relist the home, and it went back on the market at $574,900.

On Aug. 10, 2020, Kehler recommended the price be reduced to $569,900. Instead, the seller said he should reduce the price to $567,900.

But when the seller looked at the online listing on Aug. 22, it was listed at $564,900.

The sellers also asked Kehler about maintaining the property, since they were no longer in Winnipeg. He agreed he would, but friends ended up going and mowing the lawn, the decision says.

The sellers asked Kehler and his brokerage about what could be done to “make things right,” the decision says, but they never received any responses.

On Sept. 5, they hired a new brokerage to sell the home. Under the new real estate salesman, they accepted an offer on Dec. 13, and closed the deal Jan. 2, 2021, receiving $507,500 for the home.

Kehler’s actions were “contrary to the best interests of the public” and undermined “public confidence in the real estate industry,” the decision says.

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Dr. Phil left speechless after real estate agent claims that squatting is justified by colonization – New York Post

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Dr. Phil spoke with property owners about how squatters are using legal loopholes to occupy properties, but one real estate agent argued it can be justified because of a history of “colonization.”

Wednesday’s episode of “Dr. Phil Primetime” featured one guest named Kristine, a real estate agent who “doesn’t think adverse possession is immoral,” but believes that “people with no housing dying from the elements is immoral.” According to the Legal Information Institute, adverse possession is where a “person in possession of land owned by someone else may acquire valid title to it, so long as certain requirements are met, and the adverse possessor is in possession for a sufficient period of time.” The requirements and period of time vary by state and city.

In her introduction on the show, Kristine argued that there are “multi-million dollar projects, and they’re just abandoned.” She added that she believes the land of those abandoned projects can be reclaimed.

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She also noted she is working with a client who is “trying to occupy a property” that’s around 300 or 500 acres.

“It’s something that’s so large that you wouldn’t even notice what 2 acres is compared to how many acres are on there,” she said. “Adverse possession is a law that’s left over from both Spanish and English colonization, it is how they took the land from the native people, and it’s a process we can use to take that land back.”


Dr. Phil
Dr. Phil’s guest explained that adverse possession is a law that’s left over from colonization. Youtube/Merit Street Media

“You said that if I’ve got 100 acres or 1,000 acres and somebody goes and gets in a corner of it and adversely possesses 5 acres of it, I’m not gonna miss it, I’ve got 1,000 acres anyway?” Dr. Phil asked Kristine.

“Well, yeah,” she responded. “Can you tell me, if you’re looking at 1,000 acres, could you tell me what 5 acres was?”

Dr. Phil’s jaw dropped, and he said, “Hell yes.”


Real estate agent Kristine
The real estate agent asked Dr. Phil he could pick 5 acres out of 1000. Youtube/Merit Street Media

A landlord named Tony argued with Kristine about how she believes the manner in which people inherit property should be taken into account when it comes to adverse possession.

“We’re not in 1776, we’re in 2024,” Tony said, sparking a wave of applause from the audience.

“Do you think that a corporation that makes over a billion dollars a year is injured by someone taking 5 acres of land?,” Kristine argued.

Another guest quickly interjected with “somebody is.”

Another guest named Patti confronted Kristine by arguing she does not use her car 24-hours-a-day.

“Playing out your scenario, then theoretically anyone on the street should be able to boost your car and drive it, because that car is just sitting around unused,” Patti said, sparking applause from the audience.

“I don’t have a billion-dollar net worth,” Kristine argued, which made Barry ask if having a billion dollars is where Kristine draws the line.

Dr. Phil concluded the episode by commending Kristine for her willingness to defend her beliefs, but said he “100%” disagreed with her.

“It is a lawful thing to do if you do it in the right way, I 100% disagree with your philosophy, but your facts are correct,” he said. “She’s not suggesting people go squat in someone’s home when they go on vacation, she’s talking about something completely different, at another level, and if you’re not a billionaire, she isn’t targeting you.”

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