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ALLOWANCE FOR LOAN LOSSES AND RESERVE FOR FIRST LOSS POSITION ON MULTIFAMILY LOANS SOLD TO FNMA
6 Months Ended
Jun. 30, 2011
ALLOWANCE FOR LOAN LOSSES AND RESERVE FOR FIRST LOSS POSITION ON MULTIFAMILY LOANS SOLD TO FNMA [Abstract]  
ALLOWANCE FOR LOAN LOSSES AND RESERVE FOR FIRST LOSS POSITION ON MULTIFAMILY LOANS SOLD TO FNMA
9.   ALLOWANCE FOR LOAN LOSSES AND RESERVE FOR FIRST LOSS POSITION ON MULTIFAMILY LOANS SOLD TO FNMA

The allowance for loan losses is a valuation allowance for probable incurred credit losses.  Loan losses are charged against the allowance when management believes the uncollectibility of all or part of a loan balance is confirmed.  Subsequent recoveries, if any, are credited to the allowance. Management estimates the allowance balance required using, among other factors, past loan loss experience, the nature and volume of the portfolio, information about specific borrower situations and estimated collateral values, and economic conditions.  Allocations to the allowance may be made for specific loans, but the entire allowance is available for any loan that, in management’s judgment, should be charged off.

In determining its periodic allowance for loan losses, the Company has identified two portfolio segments: 1) real estate loans, and 2) consumer loans.  Consumer loans represent a nominal portion of the Company’s loan portfolio.  Within the real estate loan segment, the Bank analyzes the allowance based upon: 1) their designation as an impaired, special mention or pass graded loan; and 2) within loans designated as pass, the underlying collateral type.

Real Estate Loans

The Bank’s periodic evaluation of its allowance for loan losses on real estate loans has traditionally been comprised of three primary components.  The first two components relate to problem loans and are divided between loans deemed impaired (primarily loans classified as substandard or doubtful, and TDR loans) and loans designated as special mention.   The final component relates to pass graded or performing loans.

Impaired Loan Component

A loan is impaired when, based on current information and events, it is probable that the Company will be unable to collect all amounts due according to the contractual terms of the loan agreement.  Non-accrual loans and loans for which the terms have been modified in a manner that meets the criteria of a TDR are deemed impaired.

Factors considered by management in determining impairment include payment status, collateral value, and the probability of collecting scheduled principal and interest payments when due. Loans that experience insignificant payment delays or shortfalls generally are not classified as impaired.  Management determines the significance of payment delays and shortfalls on a case-by-case basis, taking into consideration all of the
 
 
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circumstances surrounding the loan and the borrower, including the length of the delay, the reasons for the delay, the borrower’s prior payment record, and the amount of the shortfall in relation to the principal and interest owed.

All multifamily residential, mixed use, commercial real estate and construction loans that are deemed to meet the definition of impaired are individually evaluated for impairment.  In addition, all cooperative unit, one- to four-family residential and consumer loans in excess of $730,000 are individually evaluated for impairment.  Impairment is typically measured using either: 1) the likely realizable value of a note sale; 2) the fair value of the underlying collateral, net of likely disposal costs, if repayment is expected solely from liquidation of the collateral; or 3) the present value of estimated future cash flows using the loan’s existing rate.  TDRs are typically separately identified for impairment disclosures and are measured at the present value of estimated future cash flows using the loan’s effective rate at inception.  If a TDR is considered to be a collateral dependent loan, the loan is reported, net, at the fair value of the collateral less estimated disposal costs.  For TDRs that subsequently default, the Company determines the amount of reserve in accordance with the accounting policy for the allowance for loan losses.

Prior to July 1, 2010, the Company recognized impairment of real estate loans through an allocated reserve balance within the allowance for loan losses.  As a result, increases or decreases in either the amount of impaired loans, the magnitude of impairment of such loans, or the election to recognize the impairment as either an allocated reserve or a principal charge-off could create potential volatility within the allocated portion of the allowance for loan losses associated with such loans.  Effective July 1, 2010, with the exception of performing TDRs, the Bank commenced a general practice of immediately charging off the specific components of the allowance related to loans individually classified as impaired, and not recognizing them through a reserve within the allowance for loan losses.  As previously mentioned, the Bank has maintained the common industry practice of recognizing an allocated reserve within the allowance for loan losses for instances in which impairment is measured solely from a reduction in the present value of expected cash flows of a performing TDR.  The general practice of immediately charging off the specific components of the allowance related to loans individually classified as impaired (other than performing TDRs), although not mandated under GAAP, has significantly reduced the level of volatility of the allowance for loan losses associated with impaired loans.

There were no allocated reserves associated with impaired loans at December 31, 2010.  At June 30, 2011, an allocated reserve of $298,000 was recognized for a reduction in the present value of expected cash flows associated with one performing TDR loan.  Otherwise, there were no allocated reserves on impaired loans at June 30, 2011.  Charge-offs of measured impairment of principal balances (full or partial) on impaired loans totaled $886,000 and $656,000 during the six months ended June 30, 2011 and 2010, respectively.  In addition, charge-offs of $18,000 were recognized during the six months ended June 30, 2010 on impaired loans that were disposed of during the period.  As previously discussed, prior to July 1, 2010, if impairment was measured on these loans, a portion of the allowance was allocated so that the loan was reported, net of its measured impairment, once its allocated reserve within the allowance for loan losses was considered.

Large groups of smaller balance homogeneous real estate loans, such as cooperative unit and one-to four-family residential real estate loans with balances of $730,000 or less, are collectively evaluated for impairment, and accordingly, are not separately identified for impairment disclosures.

Special Mention Component

In order to determine an expected loss percentage on its pool of Special Mention loans, the Bank calculates a rolling 12-month loss history analysis on its pool of such loans.  The loss percentage resulting from this analysis is then applied to the aggregate pool of Special Mention loans at the measurement date.  Based upon this methodology, increases or decreases in either the amount of Special Mention loans, or the magnitude of charge-offs recognized within the 12 months prior to the assessment date, will impact the estimated portion of the allowance for loan losses associated with such loans.  As a result, the allowance for loan losses associated with Special Mention loans is subject to great volatility.

The portion of the allowance for loan losses attributable to Special Mention loans increased from $1.9 million at December 31, 2010 to $2.1 million at June 30, 2011, primarily reflecting an increase of 43 basis points in the 12-month loss history analysis performed on the Special Mention pool at June 30, 2011 compared to December 31, 2010.

Performing Loan Component (Pass Graded Loans)

The Bank initially looks to the underlying collateral type when determining the allowance for loan losses associated with performing real estate loans.  The following underlying collateral types are analyzed separately: 1) one- to four family residential and cooperative unit; 2) multifamily residential and residential mixed use; 3)mixed use commercial real estate, 4) commercial real estate; and 5) construction.  Within each of the analyses of the underlying collateral types, the following elements are additionally considered and provided weighting in determining the allowance for loan losses for performing loans:
 
                           i.  Charge-off experience
                          ii.  Economic conditions
                         iii.  Underwriting standards or experience
 
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                         iv.  Loan concentrations
                          v.  The period of time the loan has been held and performing
 
The following is a brief synopsis of the manner in which each element is considered.

(i)  Charge off experience – Loans within the performing loan portfolio are segmented by significant common characteristics, against which historical loss rates are applied.  In late 2010, the Bank updated the historical period used in this methodology.  Previously, the 1992 to 1996 experience factors were used, since that period represented the most recent complete loss cycle experienced by the Bank for its geography and type of collateral.  During the final quarter of 2010, the Bank updated its experience factors to include only the period 2008 to 2010; for although the current credit cycle may not have completely run its course, the Bank concluded that there was sufficient data to make the experience factors from this period relevant and meaningful.

(ii) Economic conditions - At both June 30, 2011 and December 31, 2010, the Bank assigned an expected loss rate to its entire performing mortgage loan portfolio based, in part, upon a review of economic conditions affecting the local real estate market. Specifically, the Bank considered both the level of and recent trends in: 1) the local unemployment rate, 2) real estate vacancy rates, 3) real estate sales and pricing, and 4) delinquencies in the Bank’s loan portfolio.  At June 30, 2010, the Bank considered the same set of variables in its analysis of expected economic loss from the performing mortgage loan portfolio, however, due to the relatively higher level of uncertainty surrounding the local real estate market at that time, the Bank arrived at a higher expected loss rate for the performing loan group as compared to June 30, 2011.

(iii) Underwriting standards or experience – Underwriting standards are reviewed to ensure that changes in the Bank's lending policies and practices are adequately evaluated for risk and reflected in its analysis of potential credit losses.  Different loss expectations are incorporated into the methodology.  Based upon the Bank’s mitigation of only certain less critical underwriting practices during the year ended December 31, 2010 and the six months ended June 30, 2011, this component did not impact the methodology at either June 30, 2011 or December 31, 2010.

(iv) Concentrations of credit – The Bank regularly reviews its loan concentrations (borrower, collateral type and location) in order to ensure that heightened risk has not evolved that has not been captured through other factors.  The risk component of loan concentrations is regularly evaluated for reserve adequacy.

(v) The period of time loans have been held and performing (Loan Seasoning) – Generally, it is assumed that loans performing for a period of at least three years are likely to result in diminishing principal losses with the passage of time.  As a result, it is assumed that a lower expected loss percentage should be applied to these loans.  This element was given considerable weight in the evaluation of the allowance for loan losses at June 30, 2010, however, received significantly less consideration in the June 30, 2011 and December 31, 2010 evaluations.  The decrease in consideration resulted from an analysis of the loss experience recognized during the 2008 to 2010 recessionary period (to which the Company migrated late in 2010), which concluded that, contrary to this common assumption, the age or seasoning of the loan did not inversely correlate to the Bank's loss experience.

Consumer Loans

Loss percentages are applied to consumer loans based upon either their delinquency status or loan type.  These loss percentages are derived from a combination of the Company’s historical loss experience and/or nationally published loss data on these loans.  Consumer loans in excess of 120 days delinquent are typically fully charged off against the allowance for loan losses.

Changes in the aggregate allowance for loan losses for loans owned by the Bank were as follows:

   
Three Months Ended June 30,
  
Six Months Ended June 30,
 
   
2011
  
2010
  
2011
  
2010
 
   
(Dollars in Thousands)
 
Balance at beginning of period
 $19,663  $24,620  $19,166  $21,505 
Provision for loan losses
  1,662   3,834   3,089   7,281 
Loans charged off
  (1,975)  (5,024)  (3,176)  (5,793)
Recoveries
  42   -   263   - 
Transfer from (to) reserves on loan commitments
  126   (80)  176   357 
Balance at end of period
 $19,518  $23,350   19,518  $23,350 


 
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The following table presents data regarding the allowance for loan losses and loans evaluated for impairment by class of loan within the real estate loan segment as well as for the aggregate consumer loan segment:

At or for the Three Months Ended June 30, 2011
 
Real Estate Loans
Consumer Loans
 
One- to Four Family Residential
and Cooperative
Unit
Multifamily
Residential and Residential Mixed Use
Mixed Use
Commercial
Real Estate
Commercial
Real Estate
Construction
Total Real Estate
 
 
(Dollars in Thousands)
Beginning balance
$280 
$14,425 
$1,074 
$3,532 
$318 
$19,629 
$34 
Charge-offs
(8)
(129)
(61)
(1,039)
(725)
(1,962)
(13)
Recoveries
-  
37 
-  
42 
-  
Transfer from reserve for loan commitments
-  
61 
33 
29 
126 
-  
Provision
127 
35 
61 
848 
583 
1,654 
Ending balance
$399 
$14,396 
$1,108 
$3,407 
$179 
$19,489 
$29 

At or for the Six Months Ended June 30, 2011
 
Real Estate Loans
Consumer Loans
 
One- to Four Family Residential
and
Cooperative
Unit
Multifamily Residential and Residential Mixed Use
Mixed Use
Commercial
Real Estate
Commercial
Real Estate
Construction
Total Real Estate
 
 
(Dollars in Thousands)
Beginning balance
$409 
$14,226 
$1,331 
$2,821 
$345 
$19,132 
$34 
Charge-offs
(83)
(495)
(264)
(1,596)
(725)
(3,163)
(13)
Recoveries
-  
125 
134 
-  
263 
-  
Transfer from (to) reserve for loan commitments
-  
158 
(6)
14 
10 
176 
-  
Provision
73 
382 
43 
2,034 
549 
3,081 
Ending balance
$399 
$14,396 
$1,108 
$3,407 
$179 
$19,489 
$29 

At June 30, 2011
 
Real Estate Loans
Consumer Loans
 
One- to Four Family Residential
and
Cooperative
Unit
Multifamily Residential and Residential Mixed Use
Mixed Use
Commercial
Real Estate
Commercial
Real Estate
Construction
Total Real Estate
 
 
(Dollars in Thousands)
Ending balance – loans individually evaluated for impairment
$-  
$9,716 
$4,468 
$19,121 
$3,297 
$36,602 
$-  
Ending balance – loans collectively evaluated for impairment
103,058 
2,515,907 
358,034 
432,283 
10,884 
3,420,166 
3,630 
Allowance balance associated with loans individually
   evaluated for impairment
-  
-  
-  
280 
-  
280 
-  
Allowance balance associated with loans collectivelly evaluated
   for impairment
399 
14,396 
1,108 
3,127 
179 
19,209 
29 



 
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At December 31, 2010
 
Real Estate Loans
Consumer Loans
 
One- to Four Family Residential
and
Cooperative
Unit
Multifamily Residential and Residential Mixed Use
Mixed Use Commercial
Real Estate
Commercial Real Estate
Construction
Total Real Estate
 
 
(Dollars in Thousands)
Ending balance – loans individually evaluated for impairment
$-  
$16,368 
$2,387 
$20,842 
$4,500 
$44,097 
$-  
Ending balance – loans collectively evaluated for impairment
117,268 
2,483,897 
362,678 
447,261 
10,738 
3,421,842 
2,540 
Allowance balance associated with loans individually evaluated
   for impairment
-  
-  
-  
-  
-  
-  
-  
Allowance balance associated with loans collectivelly evaluated
   for impairment
409 
14,226 
1,331 
2,821 
345 
19,132 
34 

Due to their small individual balances, the Bank does not evaluate individual consumer loans for impairment.  The following table summarizes impaired real estate loans for the periods indicated:

At June 30, 2011
For the Three Months Ended
June 30, 2011
For the Six Months
Ended June 30, 2011
 
Unpaid Principal Balance at Period End
Recorded Investment
at Period End
Reserve Balance Allocated within the Allowance for Loan Losses at Period End
Average Recorded Balance
Interest
Income Recognized
Average Recorded Balance
Interest
Income
Recognized
 
(Dollars in Thousands)
Multifamily Residential and Residential Mixed Use
             
   With no allocated reserve
$11,329
$9,715
$11,423
$140 
$13,071
$263 
   With an allocated reserve
 
Mixed Use Commercial Real Estate
             
   With no allocated reserve
4,469
4,469
4,771
50 
3,977
86 
   With an allocated reserve
 
Commercial Real Estate
             
   With no allocated reserve
16,230
13,305
14,066
97 
14,374
145 
   With an allocated reserve
5,816
5,816
280
5,829
102 
5,836
258 
Construction
             
   With no allocated reserve
3,297
3,297
2,790
122 
3,360
213 
   With an allocated reserve
 
Total
             
   With no allocated reserve
$35,325
$30,786
$- 
$33,050
$409 
$34,782
$707 
   With an allocated reserve
$5,816
$5,816
$280
$5,829
$102 
$5,836
$258 


 
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At December 31, 2010
 
Unpaid Principal Balance
at Period End
Recorded investment
at Period End
Reserve Balance Allocated within the Allowance for Loan Losses at Period End
 
(Dollars in Thousands)
Multifamily Residential and Residential Mixed Use
     
   With no allocated reserve
$19,460
$16,368
$- 
   With an allocated reserve
 
Mixed Use Commercial Real Estate
     
   With no allocated reserve
2,387
2,387
   With an allocated reserve
Commercial Real Estate
     
   With no allocated reserve
23,771
20,842
   With an allocated reserve
Construction
     
   With no allocated reserve
4,500
4,500
   With an allocated reserve
Total
     
   With no allocated reserve
$50,118
$44,097
   With an allocated reserve
$-  
$-  
$- 

The Bank maintains a reserve liability in relation to the First Loss Position that reflects estimated losses on this loan pool at each period end.  For performing loans within the FNMA serviced pool, the reserve recognized is the present value of the estimated losses calculated based upon the historical loss experience for comparable multifamily loans owned by the Bank.  For problem loans within the pool, the estimated losses are determined in a manner consistent with impaired loans within the Bank's loan portfolio.

The following is a summary of the aggregate balance of multifamily loans serviced for FNMA, the period-end First Loss Position associated with these loans, and activity in the related reserve liability:

   
At or for the Three Months Ended June 30,
  
At or for the Six Months Ended June 30,
 
   
2011
  
2010
  
2011
  
2010
 
   
(Dollars in Thousands)
 
Outstanding balance of multifamily loans serviced for FNMA at period end
 $333,826  $404,518  $333,826  $404,518 
Total First Loss Position at end of period
  16,356   18,697   16,356   18,697 
Reserve Liability on the First Loss Position
                
Balance at beginning of period
 $2,993  $4,221  $2,993  $4,373 
Transfer of specific reserve for serviced loans re-acquired by the Bank
  -   (1,123)  -   (1,123)
Provision for losses on problem loans(1)
  -   -   -   - 
Charge-offs and other net reductions in balance
  -   (105)  -   (257)
Balance at period end
 $2,993  $2,993  $2,993  $2,993 
(1) Amount recognized as a component of mortgage banking income during the period.

During the six months ended June 30, 2011, the Bank received approval from FNMA to reduce the total First Loss Position by $434,000 for losses incurred.  During the six months ended June 30, 2010, the Bank received approval from FNMA to reduce the total First Loss Position by $1.5 million for losses incurred.

The Bank has elected to periodically repurchase problematic or non-problematic loans from within the FNMA serviced loan pool.  The repurchase of problematic loans is made in order to expedite their resolution and control losses.  All such elections have been made on an individual loan/borrower basis.  All repurchases from FNMA are made at par, and any reserves recognized on the re-acquired loan within the FNMA reserve analysis reduce the recorded balance of the loan when it is transferred to the Bank’s portfolio.  In most instances, all economic losses realized by the Bank on the re-acquired loans can be applied against the First Loss Position, and any material exceptions for individual loans are disclosed in the Company’s public filings. Since the Bank is fully responsible for all losses on FNMA serviced loans up to the First Loss Position, it has greater incentive to minimize losses. Had the
 
 
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resolution of these loans been left to FNMA to manage, management believes that the ultimate losses recognized would have been greater.  The Bank did not re-acquire any problematic loans within the pool of loans serviced for FNMA during the six months ended June 30, 2011.  During the three months ended June 30, 2010, the Bank re-acquired twelve loans within the pool of loans serviced for FNMA having an aggregate principal balance of $17.2 million.  Upon re-acquisition, aggregate liabilities of $1.1 million that were recorded related to problematic loans within the liability for the First Loss Position served to reduce the outstanding principal balance of the loans (reflecting a write-down of their outstanding principal balance to the lower of the current appraised or estimated disposal value of the underlying collateral).  During the six months ended June 30, 2010, the Bank re-acquired fifteen loans within the pool of loans serviced for FNMA (primarily problematic loans) having an aggregate principal balance of $19.3 million.  Upon re-acquisition, aggregate liabilities of $1.1 million that were recorded related to problematic loans within the liability for the First Loss Position served to reduce the outstanding principal balance of the loans (reflecting a write-down of their outstanding principal balance to the lower of the current appraised or estimated disposal value of the underlying collateral).