The present invention generally relates to valuations and more particularly to undivided or fractional interest valuation.
The ability to perform undivided/fractional interest valuation requires an understanding of both business and real estate valuation. To date, neither of these professions has developed a working body of knowledge that covers both disciplines and is a regular part of the professional appraiser's training. With few exceptions, what currently passes for valuation is an assortment of methods that are routinely unrelated to the facts of the case, and often result in unpersuasive valuations. Nonprofessionals (advisors and partners) generally receive little education regarding valuation industry best practices, and historically, attempts by marginal tax practitioners and poorly qualified appraisers to do fractional interest valuation work have led to tax compliance issues. Other entities with lack of proper understanding of valuation are family and partner buyouts, equitable division/distribution of family assets, and litigation for matrimonial, partner divorces, fraud and malpractice. A great deal of real estate has been divided into fractional interests, and the demand for reliable valuations will exist for a very long time.
Embodiments of a valuation method and a valuation system for valuation of undivided or fractional interests in assets such as real estate are disclosed herein. One embodiment as a computer implemented process utilizes a comprehensive interview process that guides a user to identify material facts and adjust variables that are input into the valuation system implementing a valuation process on a distributed computing system.
In a computer implemented embodiment of a valuation system and process, calculated results for undivided or fractional interests in assets such as real estate are generated based on user input, wherein the results are updated based on user inputs and adjustments to variables used in the calculations.
One embodiment includes a graphical user interface for interacting with the user, and a valuation module that implements a valuation process for generating valuation results based on the user inputs. The graphical user interface may be implemented as a client module that communicates with the valuation module via communication link.
The client module guides the user through display screens to prepare the user for the valuation process, including checklists for documents and information needed for the valuation process. The client module then prompts the user to enter necessary information such as business information, real estate information, financial information, and other related information.
In one embodiment, the valuation system is cloud-based, wherein the valuation module is implemented on a web server, and the client module is implemented on a web browser for user interaction, wherein the valuation module and the client module communicate via the internet.
The foregoing features and other features will now be described with reference to the drawings of various aspects. In the drawings, the same components have the same reference numerals. The illustrated aspects are intended to illustrate, but not to limit the present disclosure. The drawings include the following Figures.
The accompanying drawings are included to provide a further understanding of the disclosed embodiments. In the drawings, like numerals represent like elements.
The following description is made for the purpose of illustrating the general principles of the embodiments disclosed herein and is not meant to limit the concepts disclosed herein. Further, particular features described herein can be used in combination with other described features in each of the various possible combinations and permutations. Unless otherwise specifically defined herein, all terms are to be given their broadest possible interpretation including meanings implied from the description as well as meanings understood by those skilled in the art and/or as defined in dictionaries, treatises, etc.
The modules and other components of the valuation system described herein below may be implemented as machine executable code or as computer implemented method. In one embodiment, the valuation process (valuation algorithm) is performed at a server such as in a cloud computing server, and results provided to a user via a client such as web browser on a personal computer or mobile computing device. One implementation comprises a computer implemented system as a website application that can be used by a user with access to a computer or like system such as mobile computing devices (e.g., tablets, smart phones).
Embodiments of a valuation method and a valuation system for valuation of undivided or fractional interests in assets such as real estate are disclosed herein. One embodiment as a computer implemented process utilizes a comprehensive interview process that guides a user to identify material facts and adjust variables that are input into the valuation system implementing a valuation process on a distributed computing system.
In a computer implemented embodiment of a valuation system and process, calculated results for undivided or fractional interests in assets such as real estate are generated based on user input, wherein the results are updated based on user inputs and adjustments to variables used in the calculations.
One embodiment includes a graphical user interface for interacting with the user, and a valuation module that implements a valuation process for generating valuation results based on the user inputs. The graphical user interface may be implemented as a client module that communicates with the valuation module via communication link.
The client module guides the user through display screens to prepare the user for the valuation process, including checklists for documents and information needed for the valuation process. The client module then prompts the user to enter necessary information such as business information, real estate information, financial information, and other related information.
In one embodiment, the valuation system is cloud-based wherein the valuation module is implemented on a web server, and the client module is implemented on a web browser for user interaction, wherein the valuation module and the client module communicate via the internet.
In one embodiment useful with real estate fractional interest valuations, the valuation system maintains a comprehensive fact list and implements an interview process that is organized around five fundamental fact classifications specific to real estate as the underlying asset: (1) real estate, (2) entity accounting, (3) control attributes of the entity structure, (4) partition lawsuit facts, and (5) restriction period and risks. The user is guided by the automated valuation system via user interface blocks (graphical user interfaces) on a display screen of a computer system. As the user identifies and considers specific facts and inputs or adjusts relevant variables, a valuation algorithm implemented in the valuation process uses valuation models and internal logic, combined with historical data, to generate a value conclusions (valuation results) for the user. As the facts are input to the valuation system by the user, the valuation process provides the effect of each set of facts on the value conclusion (e.g., displayed to the user on a display screen in real time, stored in a data base, transmitted to a desired destination via a data communication link, etc.). In addition to providing said value conclusions, the automated valuation system conveys a high level of understanding to the user, even if not a professional valuer or value appraiser.
One embodiment disclosed herein enables valuation of undivided or fractional interests in real estate, including established fields of business valuation and real estate appraisal, particularly with regard to providing an automated valuation system by which practitioners can perform valuations with speed and accuracy that has heretofore been unattainable. It should be noted that valuation of undivided or fractional interests in real estate is a narrow specialty practice. Such valuation bears almost no resemblance to a valuation for an operating business. In a similar fashion (and by way of illustration), valuing a business in liquidation (e.g., liquidation of machinery and equipment and/or inventory) bears little resemblance to a valuation for an operating business. An embodiment of the valuation method and system is disclosed herein for valuing undivided or fractional interests in real estate.
One embodiment valuation method and system disclosed herein, enables training large numbers of valuation professionals by: (a) providing a simplified and comprehensive guided valuation system that encourages thoughtful consideration and investigation of relevant material facts, and (b) providing valuation algorithms, valuation mathematical models, logical processes, and relevant historical data utilized for generating an accurate and reliable interest valuation, such as for fractional (partial) or undivided interests.
In one embodiment, the valuation system utilizes business and real estate valuation models, which enable performing undivided or fractional interest valuations based on both business valuation and real estate valuation models. An embodiment of the valuation system and method integrates both business valuation and real estate valuation models, useful in professional appraiser training.
Embodiments disclosed herein further provide solutions to tax compliance practices. Embodiments disclosed herein are further provide solutions in family and partner buyouts, equitable division and distribution of family assets, litigation for matrimonial or partner separation, fraud and malpractice, etc.
Embodiments disclosed herein further provide a comprehensive, reliable, and accessible system for valuing fractional interests in real estate.
An embodiment disclosed herein comprises a computer implemented method and system that leads the user through a comprehensive fact list and interview process, and applies valuation models using logical functions and historical databases to generate high quality appraisals. These results are reliable at even the lowest level of analysis, and grow increasingly more reliable as the level of user-entered detail becomes greater.
Referring to the drawings, example embodiments and implementations of the valuation method (process) and valuation system disclosed herein are described herein below.
The client module 200B comprises a web client module 203 and a graphical user interface module (GUI) 201. The valuation module 200A comprises: a web server module 204, a math layer module 205 implementing valuation algorithm, and a presentation layer module 215. The valuation module 200A further comprises a computations module 206 that includes: a logical functions module 207, a formulas module 208, and a database module 214. The formulas module 208 includes a Black-Scholes Model module 210 (e.g., block 2811,
The valuation module 200A further includes a presenting (presentation) module 215 for providing computation results 216 to the user via GUI 201.
The valuation system 200 utilizes the web server module 204 that displays graphical user interface (GUI) 201 on a web browser of a user computer, and receives user inputs 202 from the web browser. As shown in
The math layer module 205 receives and processes the user inputs utilizing a computations module 206 that implements a valuation algorithm, as shown in
In one example a user 102 of the valuation system 200 that implements the overall process flow 100 as a web application, utilizes the system 200 to perform a valuation. The user 102 may be a member of such professions which include, but are not limited to, partners, common tenants, attorneys, litigators, tax professionals (CPAs), business appraisers, real estate appraisers, etc. In one example, there are two subscription levels. An Advisor Subscription 102A leads the user (i.e., Advisor-user) to consider material facts that influence value, encouraging a more comprehensive understanding with regard to planning, deal-making and other valuation issues. An Appraiser Subscription 102B is specifically designed for a qualified business or real estate appraiser (i.e., Appraiser-user) who wishes to provide a professional opinion of value, and offers an even more detailed understanding of material facts that are used by the models and logic of the valuation algorithm. The valuation system 200 enables the Appraiser-user to prepare persuasive valuation reports for tax compliance, advising, litigation and other professional applications.
Users at either level (i.e., Advisor-user or Appraiser-user) are instructed via GUI of the valuation system 200 to gather certain external information 101 (e.g., appraisals, account documents, loan documents, deeds, operating agreements, etc.) prior to beginning a valuation project. The user may also have access to the internal resources and guidance module 103 of the valuation system, which provides the user information about how to use the system 200 and information related to valuation. In one embodiment, the module 103 includes tutorials and tooltips, documents checklists, a guide to Special Situations, online reference textbook(s), links to articles, sample reports, etc.
The user will then be guided by the valuation system 200 through a series of six Dashboard input screens 104 (GUIs) representing five fundamental fact classifications that are integral to business and real estate valuation, as implemented by the system 200. The user answers questions posed by the system 200, inputs variables, and/or adjusts sliders in the input screens 104 as directed for the particular subscription type. The effect of each input or adjustment on the concluded value is displayed in real time on an output display scale 107 in a prominent position on the Dashboard. This output display shows the concluded value of the subject fractional interest and the percentage of discount from its pro rata share of NAV (“Discount”). The display output on the GUI 201 changes for every input change initiated by the user, showing sensitivity of the result to the particular input in real time. The computations module 206 implements a valuation algorithm 105 (e.g.,
In one embodiment, the valuation system 200 may provide the user with the ability to create and save projects 109 and view/download User Valuation Summaries 108 showing questions asked, answers given, user settings, and results (e.g.,
As values are entered in the entry fields 306E on the GUI 201 via the presentation layer module 305 throughout the application, the values are graphically displayed e.g. via the Visual HTML5 Representation Library, which supports the graphic displays, including the Dashboard interface 305B and the main display slider 305A.
At step 907, the user enters an estimated value for the real estate 707. This must be the opinion of a qualified real estate appraiser if the user intends to provide a professional opinion of value. At step 908, the user enters a date of value 708, which may only be a past or present date, not a future one. At step 909, a link is provided to a document that informs the user about the different levels of analysis and instructs the user which documents and information are necessary to answer the upcoming questions guiding the valuation process. At step 909A the user must confirm reading the checklist (i.e., “Before You Start/Documents Checklist”) 709. At step 910, if the user has not confirmed that they have read the Before You Start/Documents Checklist, then the user will not be allowed by the valuation system to create new project by clicking the Create button 710.
At step 911, if the user confirms they have read the checklist, the user may select Create and the Dashboard 1000 opens with the newly-created project (
Clicking on each question reveals further guidance as to what questions user should ask, and space is provided 1113 for user to make and save notes. At step 1204, the user describes type and condition of property being valued 1107. At step 1205, the user describes the tenancy (number of tenants, lease term, rent, etc.) 1108. At step 1206, the user describes local market and any property-related influences 1109. At step 1207, the user names source for cap/growth rates (real estate appraiser or actual appraisal, broker, etc.) 1110. At step 1208, if the user is a non-Appraiser-user, the process continues to Entity Properties window 1115 (
At step 1403, the user then addresses questions in this section GUI elements 1307-1313 according to desired level of analysis. Additional guidance is provided for Level 2 users 1306. Clicking on each question reveals further guidance as to what questions user should ask, and space is provided for user to make and save notes 1327. At step 1404 the user describes source of information for balance sheet and enters any loan amount in field provided 1308, 1319. At step 1405, the user then describes balance sheet, date, loan information, etc. 1309. At step 1406, the user discusses, calculates, and inputs working capital in field provided 1310, 1315. At step 1407, the user describes and inputs any other assets/liabilities in fields provided 1311, 1316, 1318. At step 1408, the user describes loan conditions 1312. At step 1409, the user explains process of determining concluded values, especially noting and supporting any changes 1313. At step 1410, the non-Appraiser-user continues to Control Properties window 1328 (
At step 1604, the user describes distribution of ownership 1507. At step 1605, the user discusses (i.e., inputs) voting rights and operations 1508. At step 1606, the user describes voting rights regarding asset sales and termination 1509. At step 1607, the user considers the entity's termination date and any effects that might have 1510. At step 1608, the user discusses conflict history, if any 1511. At step 1609, the user considers all of the foregoing facts and makes judgment on whether subject interest has a meaningful voice 1512. At step 1610, an Appraiser-user will have an “Entity Advanced” section 1513 that shows a numerical representation of value 1515 for the control adjustment shown on slider 1503, which can be further refined or made outside the range of the slider if desired. At step 1612, if Entity type is General Partnership or Tenancy-in-Common, a user with either subscription type (Appraiser-user or otherwise) will continue to Partition window (
At step 1807, the user estimates out-of-pocket costs for partition lawsuit, and enters in field provided 1725 (
At step 2004, the user discusses the stability of the real property 1907. At step 2005, the user discusses likelihood of lease renewal, if known 1908. At step 2006, the user discusses (i.e., inputs) the ages of the principals involved and their remaining actuarial life 1909. At step 2007, the user discusses past buyouts, if any 1910. At step 2008, the user discusses right-to-exit issues 1911. At step 2009, the user discusses any potential blocking ability retained by any of the parties 1912. At step 2010, the user discusses remaining term of the entity, including any possibility of extension 1913. At step 2011, the user discusses any withdrawal provisions 1914. At step 2012, the user discusses financing 1915. At step 2013, User concludes a likely restriction period based on the foregoing facts and adjusts slider accordingly 1903. At step 2014, the user continues to Restriction Period (Risk) Properties window 1918 (
At step 2204, the user discusses time estimate uncertainty 2110 and adjusts corresponding slider 2103 accordingly. At step 2205, the user discusses due diligence issues 2111 and adjusts corresponding slider 2104 accordingly. At step 2206, the user discusses management issues 2112 and adjusts corresponding slider 2105 accordingly. At step 2207, the user discusses any other risks 2113 and adjusts corresponding slider 2106 accordingly. For the non-Appraiser-user, the project is complete at step 2208. At step 2209, an Appraiser-user will have a “Restriction Period (Risk) Advanced” section 2114, showing numerical representations of the values for the control adjustments shown on sliders that can be further refined or made outside the range of the sliders if desired by selecting Manual Entry 2115. At this point, the project is now complete for the Appraiser-user.
In one embodiment, the valuation system may further include a Deal Maker module (
In one embodiment, the valuation system may further include a Planner module (
The valuation process disclosed herein includes the aforementioned valuation algorithm computations module illustrated graphically in the form of a wiring diagram (
The constants and other factors of the valuation algorithm 2804 are programmable on the back end to accommodate newer Real Estate Investment Trust (REIT) data, real estate market condition data, loan rates and other elements. The algorithm also includes empirically-developed transfer functions that mimic the appraiser's decision-making process (which models to use under which conditions, which are the most reliable and appropriate, and whose value indications should be given the greatest weight, etc.). These functions also contain constants and factors that can be adjusted to reflect any changes in the real estate appraisal or business valuation bodies of knowledge, or new understandings that have been revealed and accepted by the professions in fractional interest valuation. The ability to make adjustments allows the valuation system to change if needed to reflect valuation current practice. It supports the work of appraisers in current time, and supports the work of advisors by giving them value analysis that is current within the valuation professions. It is a dynamic application that reflects a dynamic profession. The valuation system's formulas, logical functions, and valuation models are described in further detail below.
Entity and Property Type DB 2856 contains a list of entities (corporation, LLC, Limited Partnership, General Partnership, Common Tenancy and others) for the user to choose from. Financial Rates DB 2856 contains risk-free and borrowing rates by quarter. Real Estate Rates DB 2856 contains capitalization and growth rates for a list of property types (Apartments, Industrial, Office and others) by quarter. These rates may be used to generate defaults only. Entity Constants DB 2857 contain default calculation factors for the Entity Properties input screen and range limits for the LTV slider. Black-Scholes constants DB 2858 contains constants used in the Black-Scholes model. Partition Constants DB 2859 contains partition feasibility threshold settings, Partition Properties field defaults, and setting defaults for the partition risk slider switches. Control Adjustment Constants DB 2860 contains default control adjustments that apply for different entity types, as well as range factors used to set the range of the control slider. REIT Yield DB 2861 contains yield factors for different property types by year that are used to compute the REIT-derived yield rate. (REIT=Real Estate Investment Trust). Restriction Risk Data DB 2862 contains risk setting defaults for restriction slider switches and time setting defaults for the time slider, as well as time slider range limits; all are based on entity type. Limit Settings DB 2863 contains user warning threshold settings for real estate cash flow, yield rate, discount and partition discount variables, as well as seller/buyer limit constants. Weighting Constants and Settings DB 2864 contains weighting thresholds and scale factors for each of the formulas 2083.
In one embodiment, the valuation system comprises a web-based (cloud based) computer implemented engine and system for generating a valuation discount for a fractional interest in real estate, over a network, in response to input information concerning the fractional interest. The valuation system includes user-entered fields in a User Setup interface; System-generated defaults for additional fields (below) that allow the system to provide the user with a preliminary value and discount indication; a Documents Checklist where the user is provided with guidance on the process of entering information, the implications of entering information in varying levels of detail/refinement, and system limitations pertaining to facts and circumstances of the user's case; a Real Estate Properties interface where the user refines default variables based on information from real estate professionals; an Entities Properties interface where the user refines default balance sheet and loan detail variables based on accounting information for the entity of which the fractional interest is a part; a Control Properties interface where the user refines default control settings based on legal agreements and other facts and circumstances pertaining to entity management and other attributes of ownership; a Partition Properties interface where the user refines default costs and other conditions relating to a partition lawsuit (when such legal action is applicable); a Restriction Period interface where the user refines a default setting for the number of years that the fractional interest holder should expect to realize its percent share of the entity's net asset value; a Restriction Period interface where the user refines default settings for risks the fractional interest is exposed to during the restriction period.
In one embodiment, the valuation system comprises further comprises: a presentation module for a user display of the concluded value and discount for the real estate fractional interest that shows the magnitude of the value effect for each user setting change, communicating to the user the value sensitivity of such change; a record of the user's answers to questions posed by the system in each of the Input Screens, that organizes the facts and circumstances affecting the value of the fractional interest; a summary of user settings, system questions and user answers, and value conclusions for the user's filing or other reference purpose; additional questions, answer fields and numerical input fields for advanced users (professional appraisers) that allow more in-depth interaction with the engine and system, additional detail, including formulas and their concluded values and explanations of the process used, provided in the user summary, to support advanced users (professional appraisers) in preparing their professional valuation report; an-site reference material hyper-linked to specific user questions, that educates users who are not already expert on the specific points of information needed by the user to make decisions about input adjustments.
Referring to
1. A NAV/Yield Calculations Module 2809 Comprises the Following Calculations:
Net asset value (NAV) is the sum of the entity's assets less the sum of its liabilities. Yield is determined as the internal rate of return (IRR) of cash flows and terminal NAV over a 10-year period. Cash flows are the net operating income generated by the real estate (NOI) less additions to working capital and debt service. Terminal value is NAV at the end of the period.
Balance Sheet
NAV=AR+AW+AO−LM−LO
Where
AR=Real property value
AW=Working capital
AO=Other assets
LM=Mortgage value
LO=Other liabilities
NAV=Net Asset Value
The real estate value AR and working capital AW are both increased at the real estate growth rate GRP. In year n,
An→1=An(1+GRP)
Other assets AO and other liabilities LO are held constant. The mortgage balance LM is discussed below.
The terminal NAV is the real estate value AR in the terminal period (year 10) less selling costs RPS, adjusted for the remaining balance sheet items.
NAV10=AR
Mortgage Loan and Debt Service
Type=Fixed/declining balance or interest only. Adjustable rates are not allowed. The payment calculation for a fixed interest rate/declining balance type is:
int=Mortgage interest rate
amort=Amortization (mos)
PMT=Payment (monthly)
PV=Initial loan amount
LTV−LM/AR
LTNAV=LM/NAV
The interest is calculated on an annual basis:
interest=int×LM
And then the principal payment is 12 months of payments less annual interest:
principal=PMT×12−interest
The mortgage balance is reduced by the principal payments:
LM(n+1)=LM(n)−(PMT×12−int×LM(n))
Both payment and interest formulas are approximations. Both can be calculated based on monthly payments for each 12-month period.
The payment calculation for an interest only type is much simpler. It would normally be calculated on the initial balance (PV), but since there may have been partial payments of principal before the date of value, the current mortgage balance (LM) is used:
PMT=int/12×LM
Principal payments in this case are zero, and the mortgage balance remains constant.
Cash Flow
The first year's NOI is determined from the estimated real property value AR and the capitalization rate RRP.
NOI=AR×RRP
Annual cash flows are calculated as:
CF=NOI+ΔAW+ΔAO−ΔLM−ΔLO
AO and LO do not change, and LM changes with principal payments.
NOI is increased at the real estate growth rate for the partition period GVPART
NOIn+1=NOIn(1+GVPART)
Yield and Growth Analysis
The present value of cash flows is net operating income (NOI). The asset-level yield rate YA is determined as the internal rate of return (IRR) of cash flows and terminal NAV over a 10-year period (not N years). The IRR is a yield rate that makes the net present value equal to NAV.
Value growth is calculated as the annually compounded rate that will grow year 1 NAV to year 10 NAV over the period:
Cash flow growth is calculated similarly as the annually compounded rate that will grow year 1 CF to year 10 CF over the period:
The cash flow rate is then calculated as the year 1 cash flow on NAV:
2. A Black Scholes Model Module 2811 Comprises the Following Calculations:
The basic Black-Scholes formula for European put options is:
P=RertN(z)−SN(y), where
S=price of the underlying asset
P=put option price and K=option exercise price
t=time to expiration (holding time) in years=N
r=risk-free interest rate=RF
σ=volatility
Let K=1
The discount is:
N(x)=standard normal distribution function:
a=0.33267; b1=0.4361836; b2=−0.1201676; b3=0.9372980
Substitute y and z for x to get N(y) and N(z)
The volatility term is from an empirical linear approximation:
RM=effective risk premium
Include dividends by substituting for S:
RCF=dividend or distribution rate (cash flow+net asset value)
GCF=dividend growth rate
YAC=discount (yield) rate
3. A Present Value Model 1 Module 2810 Comprises the Following Calculations:
This model calculates the present value of future benefits, cash flows and the interest's pro rata share of NAV at the end of the restriction period N based on a risk-adjusted yield rate YAC. The basic formulae are:
PV=PVV+PVD
Where
PVV=the present value of asset
PVD=the present value of dividends
In order to calculate the discount, let the current asset value=$1, then
Where
IR=investor's required return adjusted by user=YAC
IV=value growth rate=GVA
n=number of years=N
RCF=cash flow (distribution) rate
GCF=cash flow (distribution) growth rate
4. A Present Value Model 2 Module 2814 Comprises the Following Calculations:
This model calculates the present value of future benefits, cash flows and the interest's pro rata share of NAV at the end of the restriction period N based on a risk-adjusted yield rate YAC. In this case, the risk-adjusted yield, growth and other rates are also adjusted for the control discount DC developed from the REIT database. The basic formulae are:
PV=PVV+PVD
Where
PVV=the present value of asset
PVD=the present value of dividends
In order to calculate the discount, let the current asset value=$1, then
Where
IR=investor's required return adjusted for control and by user=YI
IV=value growth rate adjusted for control=GVC
n=number of years=N
RCM=cash flow (distribution) rate adjusted for control
GCF=cash flow (distribution) growth rate (not changed for control)
5. A Partition (DCF) Calculations Module 2812 Comprises the Following Calculations:
The asset value grows for N years, and then is sold (or physically divided), and transaction costs are deducted. Other balance sheet items also change over the period, and the sale proceeds are adjusted. The net amount is then discounted back at a risk-adjusted yield rate. Annual cash flows are also discounted back at the same rate.
Expected litigation costs are spread ratably over the term, and discounted back at an expected borrowing rate.
The sum of the present values, divided by the current net asset value, is the present value as a percent of initial value, and (1−this amount) is the discount.
NP=Number of years, selected between 1 and 5 years in 0.5 year increments.
N=nth year, taken as 1 for the first period and n+0.5 for each subsequent period.
Balance Sheet
The balance sheet from Entity Properties is:
NAV=AR+AW+AO−ALM−LO
The real estate value AR and working capital AW are both increased at the real estate growth rate for the partition period GVPART. In year n,
Λn+1−Λn(1+GVPART)
Other assets AO and other liabilities LO are held constant. The mortgage balance LM is discussed below.
The terminal NAV is the real estate value AR in the terminal period NP (in which n=NP) less selling costs PS, adjusted for the remaining balance sheet items.
NAVN=AR(1−PS)+AW
Mortgage Loan and Debt Service
Loan parameters PMT and int are taken from the NAV/Yield Calculations (LM is negative).
Let Mn=Number of months in period n
Mn+1=┌(n+1)−(n)┐×12
Debt servicen+1=PMT×Mn+1
LM(n+1)=LM(n)+(PMT×Mn+1×12+int×LM(n)×Mn+1)
This last formula is an approximation. It would be better to have the interest amount calculated based on monthly payments over each 6-month period.
Cash Flow
Annual cash flows are calculated as:
CF=NOI+ΔAW+ΔAO−ΔLM−ΔLO
AO and LO do not change, and LM changes with principal payments.
NOI is increased at the real estate growth rate for the partition period GVPART.
NOIn+1=NOIn(1+GVPART)
Litigation Costs
PCOST=total litigation costs (negative)
These are divided evenly over the periods following the first year:
PCOST(n+1)=PCOST/[(Np−1)×12]×Mn+1×12
RB=borrowing cost
Present Value of Cash Flows
Present Value of the Litigation Cost Stream (Negative)
The Concluded Discount
DP=discount based on partition
DP=1−PV
DP−1−(PVV+PVCF+PVCOST)
6. A REIT Database Calculations Module 2813 Comprises the Following Calculations:
The REIT yield database REIT_YieldDB is uploaded to the database section. Variable YS is a function of property type (RTYPE) and the date year (DATEYR), YS is a constant:
YR=YS+YA
YC=YR−ACR
Discount Calculation
The minority-level yield rate YRA is determined above. The present value of each years' cash flow (see NAV/Yield Calculations) is calculated as:
The sum of the PVCFn values over the 10-year period is the minority-marketable net asset value NAVMM. The discount for lack of control is then:
DC=1−NAVMM/NAV
Referring to
The Logical Functions Sub-module 2802 comprises the following:
1. Real Estate Adjustments 2805 as Follows:
All sliders in the GUI Dashboards adjust from 0 to 10 in increments of at least 0.01. The outputs are then scaled to match linear or nonlinear variables.
S=Slider value (0-10 scale)
SMIN=Slider minimum value
SMAX=Slider maximum value
Where
SRP=Capitalization rate slider value
RRP=Capitalization rate
RRPMAX=Cap rate maximum value
RRPMAX=Cap rate minimum value
Where
SRPG=Growth rate slider value
GRP=Growth rate
GRPMAX=Growth maximum value
GRPMAX=Yield minimum value
The growth and cap rate maximum and minimum values are constants for now, but could vary with property type and date, in which case they would refer to a database.
2. Control-Related Adjustments as Follows:
The control slider also adjusts from 0 to 10. This adjustment affects four different formulas in different ways, depending on the type of entity and the requirements of the formula.
S=Slider value (0-10 scale)
SMIN=Slider minimum value
SMAX=Slider maximum value
Entity Type: LP or Greater
Where
ACR=Yield adjustment for YC
Entity Type: GP or Common Tenancy, Present Value 2 and B-S
Where
ACG=Yield adjustment for YAC
Entity Type: GP or Common Tenancy, Partition
Where
ACPART=Yield adjustment for YP
3. Yield Buildup and Restriction Adjustments 2807 as Follows:
Restriction Adjustments:
These are yield rate and discount adjustments based on the user's input concerning four different causes of risk that emerge from the interest holder's restricted condition (user cannot exit the investment, nor realize his pro rata share of NAV for the restriction period).
This section concerns the GUI-selected values which are a function of entity type. The Restriction user adjustment has four elements, each of which offers three choices: high, mid and low. The outputs are numbered 1-12: Time high=1, mid=2, low=3; Due Diligence 4-5-6; Management 7-8-9; and Other 10-11-12. There are different constants based on entity type and application (the particular formula in which the adjusted yield or discount will be used).
Entity/Application Type: LP or Greater, PV 2
AX=a×m
Where
A1=Adjustment for restriction period
A2=Adjustment for due diligence
A3=Adjustment for management risk
A4=Adjustment for other risk
a=constant associated with the high, med, low UI reference
m=constant for each entity/application type
Entity/Application Type: CT or GP; PV 1, B-S
AX=a×m
Entity/Application Type: CT or GP; Partition
AX=u×m
Entity/Application Type: CT or GP
A1=aPV1-BS×m×q
In this instance, the function makes use of constant from the CT or GP; PV 1, B-S heading. The function only applies for the restriction period selection (1).
Entity/Application Type: CT or GP; B-S
AX=a×m
Restriction Period:
This GUI Dashboard slider also adjusts from 0 to 10 in increments of at least 0.01. The outputs generate a nonlinear value for N, the number of years in the restriction period.
Where
S=Slider output value (0-10)
CTP=Power constant
CTA—Adjustment constant
A warning is issued when the user tries to enter a period directly that is outside boundaries for N. Methods for generating warnings are not established.
NU=Period upper limit (years)
NL=Period lower limit (years)
Yield Buildup:
The outputs from the restriction period and control user interface for the four causes of risk are assembled in risk buildup models that generate the risk rates used by particular application formulas.
Entity/Application Type: LP or Greater, PV 2
The yield YC is selected directly from the REIT database, and the discount was calculated.
GVC=GVA/(1−DC)
RCM=RCF/(1−DC)
Where
The other variables are used in the Present Value 2 formula. The remaining variable, GCF, is unchanged (cash flow growth is not altered by adjusting NAV for DC).
Then
Y1=YC+A1+A2+A3+A4
A1 through A4 are user yield adjustments for restriction period, due diligence, management and other risk influences for this application.
Entity/Application Type: CT or GP; PV 1, B-S
YAC=YA+A1+A2+A3+A4+ACG
A1 through A4 are user yield adjustments for restriction period, due diligence, management and other risk influences for this application.
Entity/Application Type: CT or GP; Partition
YP=YA+A1+A2+A3+A4+ACPART
A1 through A4 are user yield adjustments for restriction period, due diligence, management and other risk influences for this application.
Entity/Application Type: CT or GP; B-S
RM=YAC+(GPUB−GVA)×CYBS+ALBS−RF
Where
YAC=investor's required return from GP/CT above
GPUB=Reference constant for public company growth
GVA=value growth rate
CYBS=Yield multiplier
ALBS=Reference constant for liquidity (this might need a lookup table in the future)
RF=Risk-free rate from the financial rates database. Varies with the date of value.
4. Reconciliation and Weighting 2808 as Follows:
The discount conclusions DX from the four formula models are given weight in determining the concluding discount depending on many elements. The primary variables are entity type, level of control, restriction period, and the pro rata value of the interest being valued.
REIT Database and Present Value 2
W1−TPE×P1×(C1+T1)
Where
TPE=1 if ETYPE>3 (Partnerships and above), otherwise 0
CSX NUX NLX C1X C2X PUX and MX are weighting constants, and FX is for future use (typical)
S is the control slider scale (0-10 unadjusted)
N is the restricted period in years
Present Value 1
W1=TPE×F1×T1
Where
TPE=1 if ETYPE<4 (CT, GP and RP), otherwise 0
Partition
W3=TPE×F3×U3
Where
TPE=1 if ETYPE<4 and >1 (CT, GP) and PON=1, otherwise 0
VEM=subject interest's pro rata share of NAV in 000s, and
PCT=subject interest
Black-Scholes
W5=TPE×F5×T5
Where
TPE=1 if ETYPE<4 (CT, GP and RP), otherwise 0
Weighted Conclusion
Where
DPTR=1−(1−DC)(1−DM)
DC=Discount for lack of control
DM=Discount for lack of marketability from PV2
DW=Weighted discount
Reconciliation/Willing Seller and Buyer Limits:
This formula compresses extreme discounts based on the idea that a seller would not sell at close to zero, nor would a buyer buy at close to 100% except under extraordinary circumstances. The algorithm will not process such extraordinary circumstances, and so compresses the conclusion when the weighted discount approaches set thresholds.
Willing Buyer
DW=Weighted discount from previous section
DTB=The buyer's first % threshold
DFB=The buyer's scale factor
DRB=The buyer's second % threshold
If DRB<DW<DTB, then
D=DTB−BF×(DTB−DW), where
BF=1 if DW>DTB, otherwise=1−(DTB−DW)×DFB
If DW<DRB, then
D=DTB−(1−(DTB−DRB)×DFB)×(DTB−DRB)
Willing Seller
DTS=The seller's first % threshold
DFS=The seller's scale factor
DRS=The seller's second % threshold
If DRS>DW>DTS, then
D−DTS+SF×(DW−DTS), where
SF=1 if DW<DTS, otherwise=1−(DW−DTS)×DFS
If DW>DRS, then
D=DTS+(1−(DRS−DTS)×DFS)×(DRS−DTS)
The conclusion is rounded to four significant digits, and displayed as two.
Embodiments disclosed herein further provide benefits, including: 1) automated valuation, less expensive and more reliable than conventional approaches, 2) increased valuation capability of business and real estate appraisers who wish to provide undivided or fractional interest valuation services, 3) enabling less-specialized practitioners to perform quality work, 4) enabling education of the market for valuation services, which can effectively prevent incompetent appraisers from selling inadequate valuation work to an unsuspecting public, 5) less prone to built-in bias than conventional methods, 6) valuation process, interview questions and algorithm embody 20 years of experience and wisdom by the inventor, and 7) valuation process directly addresses the fundamental issues that have adversely affected valuation quality as expressed by valuation representatives of taxing bodies in public forums.
The flowchart and block diagrams in the Figures illustrate the architecture, functionality, and operation of possible implementations of systems, methods and computer program products according to various embodiments. In this regard, each block in the flowchart or block diagrams may represent a module, segment, or portion of code, which comprises one or more executable instructions for implementing the specified logical function(s). It should also be noted that, in some alternative implementations, the functions noted in the block may occur out of the order noted in the figures. For example, two blocks shown in succession may, in fact, be executed substantially concurrently, or the blocks may sometimes be executed in the reverse order, depending upon the functionality involved. It will also be noted that each block of the block diagrams and/or flowchart illustration, and combinations of blocks in the block diagrams and/or flowchart illustration, can be implemented by special purpose hardware-based systems that perform the specified functions or acts, or combinations of special purpose hardware and computer instructions.
Embodiments have been described with reference to flowchart illustrations and/or block diagrams of methods, apparatus (systems) and computer program products according to embodiments. Each block of such illustrations/diagrams, or combinations thereof, can be implemented by computer program instructions. The computer program instructions when provided to a processor produce a machine, such that the instructions, which execute via the processor, create means for implementing the functions/operations specified in the flowchart and/or block diagram. Each block in the flowchart/block diagrams may represent a hardware and/or software module or logic, implementing embodiments. In alternative implementations, the functions noted in the blocks may occur out of the order noted in the figures, concurrently, etc.
Computer programs (i.e., computer control logic) are stored in main memory and/or secondary memory. Computer programs may also be received via a communications interface 12. Such computer programs, when executed, enable the computer system to perform the features of the embodiments as discussed herein. In particular, the computer programs, when executed, enable the processor and/or multi-core processor to perform the features of the computer system. Such computer programs represent a valuation engine of the valuation system.
A computing device 4201 may include a bus 4202 or other communication mechanism for communicating information, and a processor (CPU) 4204 coupled with the bus 4202 for processing information. The device 4201 also includes a main memory 4206, such as a random access memory (RAM) or other dynamic storage device, coupled to the bus 4202 for storing information and instructions to be executed by the processor 4204. The main memory 4206 also may be used for storing temporary variables or other intermediate information during execution or instructions to be executed by the processor 4204. The device 4201 further includes a read only memory (ROM) 4208 or other static storage device coupled to the bus 4202 for storing static information and instructions for the processor 4204. A storage device 4210, such as a magnetic disk or optical disk, is provided and coupled to the bus 4202 for storing information and instructions. The bus 4202 may contain, for example, thirty-two address lines for addressing video memory or main memory 4206. The bus 4202 can also include, for example, a 32-bit data bus for transferring data between and among the components, such as the CPU 4204, the main memory 4206, video memory and the storage 4210. Alternatively, multiplex data/address lines may be used instead of separate data and address lines.
The device 4201 may be coupled via the bus 4202 to a display 4212 for displaying information to a computer user. An input device 4214, including alphanumeric and other keys, is coupled to the bus 4202 for communicating information and command selections to the processor 4204. Another type or user input device comprises cursor control 4216, such as a mouse, a trackball, or cursor direction keys for communicating direction information and command selections to the processor 4204 and for controlling cursor movement on the display 4212.
According to one embodiment, the functions are performed by the processor 4204 executing one or more sequences of one or more instructions contained in the main memory 4206. Such instructions may be read into the main memory 4206 from another computer-readable medium, such as the storage device 4210. Execution of the sequences of instructions contained in the main memory 4206 causes the processor 4204 to perform the valuation process steps described herein. One or more processors in a multi-processing arrangement may also be employed to execute the sequences of instructions contained in the main memory 4206. In alternative embodiments, hard-wired circuitry may be used in place of or in combination with software instructions to implement the embodiments. Thus, embodiments are not limited to any specific combination of hardware circuitry and software.
The terms “computer program medium,” “computer usable medium,” “computer readable medium”, and “computer program product,” “non-transitory computer readable medium”, are used to generally refer to media such as main memory, secondary memory, removable storage drive, a hard disk installed in hard disk drive, and signals. These computer program products are means for providing software to the computer system. The computer readable medium allows the computer system to read data, instructions, messages or message packets, and other computer readable information from the computer readable medium. The computer readable medium, for example, may include non-volatile memory, such as a floppy disk, ROM, flash memory, disk drive memory, a CD-ROM, and other permanent storage. It is useful, for example, for transporting information, such as data and computer instructions, between computer systems. Furthermore, the computer readable medium may comprise computer readable information in a transitory state medium such as a network link and/or a network interface, including a wired network or a wireless network that allow a computer to read such computer readable information. Computer programs (also called computer control logic) are stored in main memory and/or secondary memory. Computer programs may also be received via a communications interface. Such computer programs, when executed, enable the computer system to perform the features of the embodiments as discussed herein. In particular, the computer programs, when executed, enable the processor multi-core processor to perform the features of the computer system. Accordingly, such computer programs represent valuations systems disclosed herein.
Generally, the term “computer-readable medium” as used herein refers to any medium that participated in providing instructions to the processor 4204 for execution. Such a medium may take many forms, including but not limited to, non-volatile media, volatile media, and transmission media. Non-volatile media includes, for example, optical or magnetic disks, such as the storage device 4210. Volatile media includes dynamic memory, such as the main memory 4206. Transmission media includes coaxial cables, copper wire and fiber optics, including the wires that comprise the bus 4202. Transmission media can also take the form of acoustic or light waves, such as those generated during radio wave and infrared data communications.
Common forms of computer-readable media include, for example, a floppy disk, a flexible disk, hard disk, magnetic tape, or any other magnetic medium, a CD-ROM, any other optical medium, punch cards, paper tape, any other physical medium with patterns of holes, a RAM, a PROM, an EPROM, a FLASH-EPROM, any other memory chip or cartridge, a carrier wave as described hereinafter, or any other medium from which a computer can read.
Various forms of computer readable media may be involved in carrying one or more sequences of one or more instructions to the processor 4204 for execution. For example, the instructions may initially be carried on a magnetic disk of a remote computer. The remote computer can load the instructions into its dynamic memory and send the instructions over a telephone line using a modem. A modem local to the device 4201 can receive the data on the telephone line and use an infrared transmitter to convert the data to an infrared signal. An infrared detector coupled to the bus 4202 can receive the data carried in the infrared signal and place the data on the bus 4202. The bus 4202 carries the data to the main memory 4206, from which the processor 4204 retrieves and executes the instructions. The instructions received from the main memory 4206 may optionally be stored on the storage device 4210 either before or after execution by the processor 4204.
The device 4210 also includes a communication interface 4218 coupled to the bus 4202. The communication interface 4218 provides a two-way data communication coupling to a network link 4220 that is connected to a cloud computing system 4231, to the world wide packet data communication network commonly referred to as the Internet 4228, or other communication network. The Internet 4228 uses electrical, electromagnetic or optical signals that carry digital data streams. The signals through the various networks and the signals on the network link 4220 and through the communication interface 4218, which carry the digital data between devices 4201, 4230, 4206 and 4224, are exemplary forms or carrier waves transporting the information.
In another embodiment, interface 4218 is connected to a network 4222 via a communication link 4220. For example, the communication interface 4218 may be an integrated services digital network (ISDN) card or a modem to provide a data communication connection to a corresponding type of communication link, which can comprise part of the network link 4220. As another example, the communication interface 4218 may be a local area network (LAN) card to provide a data communication connection to a compatible LAN. Wireless links may also be implemented. In any such implementation, the communication interface 4218 sends and receives electrical electromagnetic or optical signals that carry digital data streams representing various types of information.
The network link 4220 typically provides data communication through one or more networks to other data devices. For example, the network link 4220 may provide a connection through the local network 4222 to a host computer 4224 or to data equipment operated by an Internet Service Provider (ISP). The ISP in turn provides data communication services through the Internet 4228. The local network 4222 and the Internet 4228 both use electrical, electromagnetic or optical signals that carry digital data streams. The signals through the various networks and the signals on the network link 4220 and through the communication interface 4218, which carry the digital data to and from the devices 4201, 4230, 4224, are exemplary forms or carrier waves transporting the information.
A server 4230 can send/receive messages and data, including e-mail, program code, through the network, the network link 4220 and the communication interface 4218. Further, the communication interface 4218 can comprise a USB/Tuner and the network link 4220 may be an antenna or cable for connecting the server 4230 to a cable provider, satellite provider or other terrestrial transmission system for receiving messages, data and program code from another source.
The example versions of the embodiments described herein may be implemented as logical operations in a distributed processing system such as the system 4200 including the servers 4230. The logical operations of the embodiments may be implemented as a sequence of steps executing in e.g. the server 4230 or devices 4201, 4206, and as interconnected machine modules within the system 4200. The implementation is a matter of choice and can depend on performance of the system 4200 implementing the embodiments. As such, the logical operations constituting said example versions of the embodiments are referred to for e.g., as operations, steps or modules.
Similar to a server 4230 described above, a client device 4201 can include a processor, memory, storage device, display, input device and communication interface (e.g., e-mail interface) for connecting the client device to the Internet 4228, the ISP, or LAN 4222, for communication with the servers 4230.
The system 4200 can further include computers (e.g., personal computers, computing nodes) operating in the same manner as client devices 4201, wherein a user can utilize one or more computers to manage data in the server 4230.
Referring now to
Though embodiments have been described with reference to certain versions thereof; however, other versions are possible. Therefore, the spirit and scope of the embodiments should not be limited to the description of the preferred versions contained herein.
This application is a U.S. National Stage of International Patent Application No. PCT/US2017/035305, filed 31 May 2017, which claims priority to U.S. Provisional Application No. 62/343,755, filed 31 May 2016, the disclosure of which is incorporated herein by reference in its entirety.
Filing Document | Filing Date | Country | Kind |
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PCT/US2017/035305 | 5/31/2017 | WO |
Publishing Document | Publishing Date | Country | Kind |
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WO2017/210357 | 12/7/2017 | WO | A |
Number | Name | Date | Kind |
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20020013750 | Roberts et al. | Jan 2002 | A1 |
20080046353 | Poltorak | Feb 2008 | A1 |
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Number | Date | Country | |
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20190213645 A1 | Jul 2019 | US |
Number | Date | Country | |
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62343755 | May 2016 | US |