Credit Enhancement Receivable, Credit Enhancement Deposit and Contingent Liability

12 Months Ended

Dec. 31, 2020

Credit Enhancement Receivable Contingent Liability And Credit Enhancement Deposit [Abstract]

Credit Enhancement Receivable, Credit Enhancement Deposit and Contingent Liability

Newmark is a party to a Credit Enhancement Agreement (“CEA”), dated March 9, 2012, with German American Capital Corporation and Deutsche Bank Americas Holding Corporation (together, the “DB Entities”). On October 20, 2016, the DB Entities assigned the CEA to Deutsche Bank AG Cayman Island Branch, a Cayman Island Branch of Deutsche Bank AG (“DB Cayman”). Under the terms of these agreements, DB Cayman provides Newmark with varying levels of ongoing credit protection, subject to certain limits, for Fannie Mae and Freddie Mac loans subject to loss-sharing (see Note 23 — “Financial Guarantee Liability”) in Newmark’s servicing portfolio as of March 9, 2012. DB Cayman will also reimburse Newmark for any losses incurred due to violation of underwriting and servicing agreements that occurred prior to March 9, 2012. For the for the years ended December 31, 2020 and 2019, there were no reimbursements under the CEA.

Credit enhancement receivable

Newmark's servicing portfolio consisted of the following loss-sharing components (in thousands):


	December 31,
	2020		2019
Total credit risk loan portfolio	$	24,048,754	$	20,209,577
Maximum DB Cayman credit protection	18,689		29,253

Maximum pre-credit enhancement loss exposure	$	7,172,509	$	5,835,163
Maximum DB Cayman credit protection	6,230		9,751
Maximum loss exposure without any form of credit protection	$	7,166,279	$	5,825,412

As of December 31, 2020 and 2019, there were no credit enhancement receivables.

Credit enhancement deposit

The CEA required the DB Entities to deposit $25.0 million into Newmark’s Fannie Mae restricted liquidity account (see Note 9 — “Capital and Liquidity Requirements”), which Newmark is required to return to DB Cayman, less any outstanding claims, on March 9, 2021. As of December 31, 2020 and 2019, the $25.0 million deposit is included in “Accounts payable, accrued expenses and other liabilities” and "Other long-term liabilities", respectively, on the accompanying consolidated balance sheets.

Contingent liability

Under the CEA, Newmark is required to pay DB Cayman, on March 9, 2021, an amount equal to 50% of the positive difference, if any, between (a) $25.0 million, and (b) Newmark’s unreimbursed loss-sharing payments from March 9, 2012 through March 9, 2021 on Newmark’s servicing portfolio as of March 9, 2012. Contingent liabilities as of December 31, 2020 and 2019 were $12.3 million and $11.8 million, respectively and are included in “Accounts payable, accrued expenses and other liabilities” on the accompanying consolidated balance sheets.