Virtually all players in the CRE industry, securities and banking sectors agree that we need the CMBS market to return to functionality as soon as possible (even the politicians want this).

The CMBS market cannot recover its value to the world until the uncertainties that now exist are cleared up, and litigation between the parties is the most certain way to achieve this. Factors that are pushing for a litigation between Special Servicers and CMBS bond holders of different seniority (tranches) include steadily increasing mortgage loan delinquencies that show no sign of lessening, the huge dollar volume of CMBS loans ($770 billion) , PSA agreements that put Special Servicers in an untenable position with respect to conflicts of interest that they are supposed to ignore (read as in "law suit"), B piece owners who are also Special Servicers who have an obligation to THEIR investors and will be inclined to argue that obligation as superior to that owed other more senior bond holders, Senior bondholders who believe that their position is being injured by delays in foreclosure and sale that may benefit the Special Servicer and/or B bond holders and the always murky question of what liability the Special Servicer may have to mezzanine lenders who argue that the actions of the Special Servicer that benefit the Special Servicer are damaging to the mezzanine lender.

The sooner these issues are cleaned up, the sooner we can see the revival of the CMBS market and the CRE market that relys on it for liquidity, now more than ever.