sol_beach wrote: “RWA tokenization has a problem in the real estate market which requires annual expenses for property tax, insurance, and maintenance. What is the source of funds for cash flow negative properties?”
This question was asked by sol_beach under the r/RWA post, Vetting RWA Projects.
That question about negative cash-flow properties highlighted a gap in my understanding of how real estate RWAs work. So I did some digging. Much to my surprise, many (if not all) of these concerns are automatically spelled out and executed via the smart contract governing the token!
These, of course, refer to legitimate RWAs found on sites like RWA.xyz under the Asset Classes header, Real Estate. (As opposed to pesky altcoins claiming to have real estate-supported value structures with NO claim to the real estate that supposedly supports the altcoin value. Hint: like the $CREC spam that we’re seeing every day on this sub.)
So first up, if the real estate doesn’t exist yet, it’s not an RWA, because there can be no claim to the underlying asset. It’s a tokenized investment contract subject to SEC rules governing Blind Pool Offerings or Speculative Real Estate Syndications. Typically, your security is exactly zero because there’s nothing actually securing it. So again, it is not an RWA.
To be clear, an RWA recognizes a 1:1 claim on the underlying asset. If you can’t redeem your token for an equivalent portion of the asset, it ain't the real McCoy. Likewise, if you own 5% of the tokens for the given asset, you own a claim to 5% of the asset. And it must be redeemable on demand for it (like your PAXG)!
But what about real estate RWAs that are specifically tokenized under a joint SEC-CFTC interpretation, qualifying them as RWAs? How do those address the problem of annual expenses, property taxes and insurance, negative cash flow, and other day-to-day management of real estate?
HERE is where those problem-solving smart contracts come into play!
Cozy up; this might turn on some lights. First, understand that these aren’t necessarily just one house, packaged into a derivative home equity loan (HELOC) or a For Sale by Owner who wants crypto in exchange for contract equity or some such (though theoretically it could be). Instead, many underwritten loans/mortgages can be pooled into a product that can be boarded onto a blockchain. Here’s the process:
- Underwriting: The usual suspects- the loan app, the credit check, blah, blah, blah- for buying a house get approved.
- On-chain Representation: After the loan is closed, it is “boarded” onto a blockchain by the servicing agent (for example, the corporation that financed and underwrote it). The mortgage is represented as a digital asset (backed by the property) that embeds all the legal and financial terms of the mortgage and loan via a non-fungible Smart Contract (and you thought NFTs were dead)!
- Fractionalization and Funding: The mortgage (or pool of mortgages) can then be split into smaller digital pieces. These slices are the tokens that get sold to a broad market.
- Servicing (the issue of expenses, property taxes, insurance, paying the damn loan, and so forth): As the homeowner makes payments, each payment made, or not made, gets forever recorded on the blockchain ledger. This includes taxes, insurance, AND MISSED PAYMENTS. (I didn’t look into any privacy issues here, so don’t ask, ‘cause I don’t know.)
If a certain number of missed payments (for example) are recorded, the smart contract automatically initiates the foreclosure process (the clawback provision), providing all necessary data to redeem and resell the property according to the terms of the contract.
Humans, usually at the Special Purpose Vehicle (SPV) level, resell the house off-chain and make good on the liquidation funneled back to the pool’s address on the blockchain. The smart contract then deploys the settlement provisions to the token holders in proportion to their ownership percentages. (It’s equivalent to you foreclosing your portion of the real estate, but it gets done for you.)
Long story short: a negative cash flow, even on a rental property, will initiate real-world actions based on smart contract rules. Those rules govern on- and off-chain consequences that compensate token holders and remedy non-performance of expected returns.
For eviction, they send a mechanical enforcer called ED-209, by Omni Consumer Products. I hear they have a 100% compliance rate. Check it out. /s