Financial Guarantee Liability

3 Months Ended

Mar. 31, 2020

Newmark shares risk of loss for loans originated under the Fannie Mae DUS and Freddie TAH programs and could incur losses in the event of defaults under or foreclosure of these loans. Under the loss-share guarantee, Newmark’s maximum liability to the extent of actual losses incurred is approximately 33% of the outstanding principal balance on Fannie Mae DUS or Freddie TAH loans. Risk-sharing percentages are established on a loan-by-loan basis when originated, with most loans at 33% and “modified” loans at lower percentages. Under certain circumstances, risk-sharing percentages can be revised subsequent to origination or Newmark could be required to repurchase the loan. In the event of a loss resulting from a catastrophic event that is not required to be covered by borrowers’ insurance policies, Newmark can recover the loss under its mortgage impairment insurance policy. Any potential recovery is subject to the policy’s deductibles and limits.

At March 31, 2020 and December 31, 2019, the credit risk loans being serviced by Newmark on behalf of Fannie Mae and Freddie Mac had outstanding principal balances of approximately $20.9 billion and $20.2 billion with a maximum potential loss of approximately $6.1 billion and $5.8 billion, of which $9.7 million and $9.8 million, respectively was covered by the Credit Enhancement Agreement (see Note 7 — “Marketable Securities”).

Newmark’s current estimate of expected credit losses consider various factors, including, without being limited to, historical default and losses, current delinquency status, loan size, terms, amortization types, the forward-looking view of the primary risk drivers (debt-service coverage ratio and loan-to-value) based on forecasts of economic conditions and local market performance (see Note 12 — “Credit Enhancement Receivable, Contingent Liability and Credit Enhancement Deposit” for further explanation of credit protection provided by DB Cayman). During the three months ended March 31, 2020, there was an increase in the reserve by $14.5 million. A loan is considered to be delinquent once it is 60 days past due. As of March 31, 2020, there were no delinquent loans in the credit risk portfolio.

The provisions for risk sharing were included in “Operating, administrative and other” on the accompanying unaudited condensed consolidated statements of operations as follows (in thousands):



Balance, January 1, 2020	$	15
Impact of adopting ASC 326	17,935
Provision for expected credit losses	14,480
Balance, March 31, 2020	$	32,430