Rising Vacancy Rates in Downtown Office Buildings May Cause Wave of Commercial Foreclosures

July 18, 2023

The COVID-19 pandemic has brought about significant changes in work dynamics, leading to a rise in vacant office buildings across the United States. Remote work arrangements and the adoption of flexible work models have prompted many businesses to reevaluate their office space needs. Consequently, property owners who are unable to secure tenants for their vacant spaces are facing financial strain, as rental income may not be sufficient to cover their mortgage payments, putting them at risk of foreclosure. These circumstances have led many businesses to reconsider their office space needs.

The Growing Problem of Loan Defaults

Executives from Wells Fargo, Citigroup, and JP Morgan issued warnings in April, predicting a worsening commercial real estate market. More than $40.47 billion in loans are scheduled to mature by the end of 2024. In fact, a report by TREPP revealed that the delinquency rate for commercial mortgage-backed securities has surpassed 4%, reaching its highest level since 2018. At that time, a significant number of loans originated in 2006 and 2007 remained outstanding, accounting for the high delinquency rate. However, the currently situation differs, indicating a more urgent concern.

Recent defaults on significant real estate investments illustrate the severity of the issue. A real estate investment fund defaulted on $750 million in mortgages for two skyscrapers in Los Angeles, while a private equity firm devalued its investment in the former Sears Tower (now Willis Tower) in Chicago by nearly one-third. Additionally, Monday Properties defaulted on an $841 million loan, putting seven high-rise office buildings in Rosslyn, Virginia, at risk of foreclosure. These events highlight the financial strain faced by property owners and the potential consequences of the current market conditions.

Mitigating Foreclosure Risks

Despite the gloomy outlook, there are some positive developments. Negotiations between the owner of an office building on Park Avenue in Manhattan and their lender resulted in an agreement to extend the maturity date of the loan, effectively staving off foreclosure. This case demonstrates the importance of open communication and collaboration between property owners and lenders, allowing for creative solutions to be explored during these challenging times.

The Ripple Effects on the Economy

A higher rate of loan defaults translates into a greater risk for financial institutions, leading to a strain on their balance sheets, which can have ripple effects on the broader economy, affecting investors, shareholders, and the stability of the real estate market. As Blackstone President Jonathan Gray noted:

“Vacancy is 20-plus percent, rents are declining, companies now are obviously thinking about their space needs in light of remote work and the economic climate that is ahead. Lenders are reluctant to have exposure to office buildings. Buyers are reluctant. Valuations are going down.”

The Prospects for Recovery for Downtown Office Space

While the current situation appears grim, it is essential to recognize that the real estate market is cyclical. Experts anticipate a recovery in 2025, as the reduction in planned property developments over the past and present years will gradually decrease the available office supply, helping to stabilize the market. This recovery will likely be driven by changes in office space utilization, as businesses adapt to new work models and reassess their spatial needs.


The COVID-19 pandemic has dramatically altered work dynamics, leading to a surge in vacant office buildings and a rise in loan defaults across the United States. Property owners facing difficulties in securing tenants are at risk of foreclosure, which has significant implications for financial institutions and the overall stability of the real estate market. However, open communication and collaboration between property owners and lenders can help mitigate these risks. Despite the challenges, the commercial real estate market is expected to recover in the coming years, driven by a reduction in available office supply and evolving work models.

KJK will continue to monitor the commercial real estate market for notable legal and financial information as it continues to recover in a post-pandemic world. For questions and clarifications, please contact Steve Marrer (SAM@kjk.com; 216.736.7267), Derek Hartman (DPH@kjk.com; 216.736.7248), or another member of KJK’s Real Estate practice group.