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BONDS AVAILABLE-FOR-SALE
6 Months Ended
Jun. 30, 2013
Available-For-Sale Securities [Abstract]  
Available-for-sale Securities Disclosure [Text Block]
Note 2—BONDs available-for-sale
 
Bonds available-for-sale includes mortgage revenue bonds and other bonds.
 
The following table summarizes the Company’s bonds and related unrealized losses and unrealized gains subsequent to the sale of TEB’s common shares on July 3, 2013 and at June 30, 2013 and December 31, 2012.
 
 
 
July 3, 2013
 
(in thousands)
 
Unpaid
Principal
Balance
 
 
Basis
Adjustments (1)
 
Unrealized
Losses
 
Unrealized
Gains
 
Fair Value
 
Mortgage revenue bonds
 
$
161,715
 
 
$
(3,631)
 
$
(41,395)
 
$
22,972
 
$
139,661
 
Other bonds
 
 
81,527
 
 
 
(2,062)
 
 
(22,364)
 
 
20,578
 
 
77,679
 
Total
 
$
243,242
(2)
 
$
(5,693)
 
$
(63,759)
 
$
43,550
 
$
217,340
 
 
 
 
June 30, 2013
 
(in thousands)
 
Unpaid
Principal
Balance
 
 
Basis
Adjustments (1)
 
Unrealized
Losses
 
Unrealized
Gains
 
Fair Value
 
Mortgage revenue bonds
 
$
835,486
 
 
$
(6,880)
 
$
(108,624)
 
$
98,661
 
$
818,643
 
Other bonds
 
 
81,527
 
 
 
(2,062)
 
 
(22,364)
 
 
20,578
 
 
77,679
 
Total
 
$
917,013
(2)
 
$
(8,942)
 
$
(130,988)
 
$
119,239
 
$
896,322
 
 
 
 
December 31, 2012
 
(in thousands)
 
Unpaid
Principal
Balance
 
 
Basis
Adjustments (1)
 
Unrealized
Losses
 
Unrealized
Gains
 
Fair Value
 
Mortgage revenue bonds
 
$
898,209
 
 
$
(10,314)
 
$
(118,933)
 
$
115,196
 
$
884,158
 
Other bonds
 
 
86,113
 
 
 
(2,339)
 
 
(22,364)
 
 
23,826
 
 
85,236
 
Total
 
$
984,322
(2)
 
$
(12,653)
 
$
(141,297)
 
$
139,022
 
$
969,394
 
 
(1)
Represents net discounts, deferred costs and fees.
   
(2)
The Company had bonds with an unpaid principal balance of $85.0 million ($76.6 million fair value), $158.9 million ($151.8 million fair value) and $123.9 million ($125.1 million fair value) at July 3, 2013, June 30, 2013 and December 31, 2012, respectively, which were eliminated due to consolidation of the real estate partnerships where the real estate served as collateral for the Company’s bonds. See Note 16, “Consolidated Funds and Ventures” for more information.
   
Mortgage Revenue Bonds
 
Mortgage revenue bonds are issued by state and local governments or their agencies or authorities to finance multifamily rental housing; typically however, the only source of recourse on these bonds is the collateral, which is a first mortgage or a subordinate mortgage on the underlying properties. The Company’s rights under the mortgage revenue bonds are defined by the contractual terms of the underlying mortgage loans, which are pledged to the bond issuer and assigned to a trustee for the benefit of bondholders to secure the payment of debt service (any combination of interest and/or principal as laid out in the trust indenture) on the bonds.
 
The payment of debt service on our subordinate bond investments occurs only after payment of senior obligations which have priority to the cash flow of the underlying collateral. At June 30, 2013, the Company’s subordinate bond investments had an aggregate unpaid principal balance of $15.7 million (or $55.1 million including those bond investments eliminated in consolidation) and the Company held all of the related senior bonds. As part of the Company’s sale of TEB’s common shares on July 3, 2013, certain bonds were certificated and the senior certificates were transferred to the purchaser of TEB’s common shares and the subordinate certificates were retained by the Company. The cash proceeds received on the transfers of the senior certifications were accounted for as secured borrowings because the transfers did not meet the criteria for sale accounting. At July 3, 2013 and subsequent to the sale of TEB’s common shares, the Company’s subordinate bond investments had an aggregate unpaid principal balance of $32.9 million (or $83.7 million including those bond investments eliminated in consolidation, $82.7 million of which a third party held the related senior interests).
  
At June 30, 2013, and subsequent to the sale of TEB’s common shares on July 3, 2013 the Company had no participating bonds (i.e., bonds that allow the Company to receive additional interest from net property cash flows in addition to the base interest rate) on its balance sheet; however, there were participating bonds eliminated in consolidation with an unpaid principal balance of $33.3 million. Both the stated and participating interest on the Company’s participating bonds are exempt from federal income tax.
 
A significant portion of the tax-exempt income generated from the mortgage revenue bonds is subject to the alternative minimum tax (“AMT”) calculation for federal income tax purposes.
 
Other Bonds
 
Other bonds are primarily municipal bonds issued by community development districts or other municipal issuers to finance the development of community infrastructure supporting single-family housing and mixed-use and commercial developments such as storm water management systems, roads and utilities. In some cases these bonds are secured by specific payments or assessments pledged by the issuers or incremental tax revenue generated by the underlying properties. The income on these bonds is exempt from federal income tax and is generally not included in the AMT calculation.
 
Maturity
 
Principal payments on bonds are based on amortization tables set forth in the bond documents. If no principal amortization is required during the bond term, the outstanding principal balance is required to be paid in a lump sum payment at maturity or at such earlier time as may be provided under the bond documents. The following table summarizes, by contractual maturity, the amortized cost and fair value of bonds available-for-sale subsequent to the sale of TEB’s common shares on July 3, 2013 and at June 30, 2013.
 
 
 
July 3, 2013
 
(in thousands)
 
Amortized Cost
 
Fair Value
 
Non-Amortizing:
 
 
 
 
 
 
 
Due in less than one year
 
$
-
 
$
-
 
Due between one and five years
 
 
-
 
 
-
 
Due between five and ten years
 
 
-
 
 
-
 
Due after ten years
 
 
1,560
 
 
3,462
 
Amortizing:
 
 
 
 
 
 
 
Due at stated maturity dates between December 2013 and June 2056
 
 
172,230
 
 
213,878
 
 
 
$
173,790
 
$
217,340
 
 
 
 
June 30, 2013
 
(in thousands)
 
Amortized Cost
 
Fair Value
 
Non-Amortizing:
 
 
 
 
 
 
 
Due in less than one year
 
$
-
 
$
-
 
Due between one and five years
 
 
-
 
 
-
 
Due between five and ten years
 
 
-
 
 
-
 
Due after ten years
 
 
1,560
 
 
3,462
 
Amortizing:
 
 
 
 
 
 
 
Due at stated maturity dates between December 2013 and June 2056
 
 
775,523
 
 
892,860
 
 
 
$
777,083
 
$
896,322
 
 
Bonds with Lockouts, Prepayment Premiums or Penalties
  
Substantially all of the Company’s bonds include provisions that allow the borrowers to prepay the bonds at a premium or at par after a specified date that is prior to the stated maturity date.  The following table provides the amount of bonds that were prepayable without restriction, premium or penalty subsequent to the sale of TEB’s common shares on July 3, 2013 and at June 30, 2013 as well as the year in which the remaining portfolio becomes prepayable without restriction, premium or penalty at each period presented.
 
 
 
July 3, 2013
 
(in thousands)
 
Amortized Cost
 
Fair Value
 
Bonds that may be prepaid without restrictions, premiums or penalties at July 3, 2013
 
$
7,752
 
$
10,528
 
July 4 through December 31, 2013
 
 
1,132
 
 
1,400
 
2014
 
 
-
 
 
-
 
2015
 
 
-
 
 
-
 
2016
 
 
12,972
 
 
16,627
 
2017
 
 
5,855
 
 
8,421
 
Thereafter
 
 
106,730
 
 
130,567
 
Bonds that may not be prepaid
 
 
39,349
 
 
49,797
 
Total
 
$
173,790
 
$
217,340
 
 
 
 
June 30, 2013
 
(in thousands)
 
Amortized Cost
 
Fair Value
 
Bonds that may be prepaid without restrictions, premiums or penalties at June 30, 2013
 
$
49,576
 
$
54,609
 
July 1 through December 31, 2013
 
 
1,132
 
 
1,400
 
2014
 
 
 
 
 
2015
 
 
2,562
 
 
2,725
 
2016
 
 
12,972
 
 
16,627
 
2017
 
 
14,520
 
 
17,320
 
Thereafter
 
 
630,136
 
 
725,257
 
Bonds that may not be prepaid
 
 
66,185
 
 
78,384
 
Total
 
$
777,083
 
$
896,322
 
 
Non-Accrual Bonds
 
The carrying value of bonds on non-accrual was $77.8 million and $103.8 million at June 30, 2013 and December 31, 2012, respectively.  During the period in which these bonds were on non-accrual, the Company recognized interest income on a cash basis of $1.8 million and $1.5 million for the six months ended June 30, 2013 and 2012, respectively. Interest income not recognized on the non-accrual bonds was $2.5 million and $3.0 million for the six months ended June 30, 2013 and 2012, respectively.
 
The following table provides an aging analysis for the fair value of bonds available-for-sale subsequent to the sale of TEB’s common shares on July 3, 2013 and at June 30, 2013 and December 31, 2012.
 
(in thousands)
 
July 3, 2013
 
 
June 30, 2013
 
December 31, 
2012
 
Total current
 
$
129,132
 
 
$
808,114
 
$
850,155
 
30-59 days past due
 
 
-
 
 
 
 
 
8,013
 
60-89 days past due
 
 
10,419
 
 
 
10,419
 
 
7,471
 
Greater than 90 days
 
 
77,789
 
 
 
77,789
 
 
103,755
 
Total
 
$
217,340
 
 
$
896,322
 
$
969,394
 
 
Bond Sales and Redemptions
 
The Company recorded cash proceeds on redemptions of bonds of $6.6 million and $8.2 million for the six months ended June 30, 2013 and 2012, respectively. In connection with the 2013 redemptions, the Company used cash of $3.3 million to pay down its bond related debt. The Company did not use any cash from the 2012 bond redemption to pay down bond related debt.
 
Provided in the table below are unrealized losses and realized gains and losses recorded through “Impairment on bonds” and “Net gains (losses) on assets and derivatives” for bonds sold or redeemed during the three months and six months ended June 30, 2013 and 2012, as well as for bonds still in the Company’s portfolio at June 30, 2013 and 2012, respectively.
 
 
 
For the three months
ended June 30,
 
For the six months
ended June 30,
 
(in thousands)
 
2013
 
2012
 
2013
 
2012
 
Bond impairment recognized on bonds held at each period-end
 
$
(480)
 
$
(849)
 
$
(833)
 
$
(1,087)
 
Gains recognized at time of redemption
 
 
416
 
 
52
 
 
598
 
 
52
 
Total net losses on bonds
 
$
(64)
 
$
(797)
 
$
(235)
 
$
(1,035)
 
 
Unfunded Bond Commitments
 
Unfunded bond commitments are agreements to fund construction or renovation of properties securing a bond over the construction or renovation period. Since September 30, 2010 there have been no unfunded bond commitments.