Fair Value Measurements | 3 Months Ended |
Mar. 31, 2014 |
Fair Value Disclosures [Abstract] | ' |
Fair Value Measurements | ' |
Fair Value Measurements |
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The Company utilizes fair value measurements to record certain assets and liabilities at fair value and to determine fair value disclosures. Fair value is defined as the price that would be received to sell an asset or paid to transfer a liability through an orderly transaction between market participants at the measurement date. The determination of fair values of financial instruments often requires the use of estimates. In cases where quoted market values in an active market are not available, the Company uses present value techniques and other valuation methods to estimate the fair values of its financial instruments. These valuation models rely on market-based parameters when available, such as interest rate yield curves, credit spreads or unobservable inputs. Unobservable inputs may be based on management's judgment, assumptions and estimates related to credit quality, the Company's future earnings, interest rates and other relevant inputs. These valuation methods require considerable judgment and the resulting estimates of fair value can be significantly affected by the assumptions made and methods used. |
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Valuation Hierarchy |
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U.S. GAAP establishes a three-level valuation hierarchy for disclosure of fair value measurements that is based on the transparency of the inputs used in the valuation process. The three levels of the hierarchy, highest ranking to lowest, are as follows. |
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Level 1 - Quoted prices (unadjusted) for identical assets or liabilities in active markets in which the Company can participate as of the measurement date; |
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Level 2 - Quoted prices for similar instruments in active markets, and other inputs that are observable for the asset or liability, either directly or indirectly, for substantially the full term of the financial instrument; and |
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Level 3 - Unobservable inputs that reflect the Company's own assumptions about the expectations that market participants would use in pricing an asset or liability. |
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A financial instrument's categorization within the valuation hierarchy is based upon the lowest level of input within the valuation hierarchy that is significant to the overall fair value measurement. Transfers between levels of the fair value hierarchy are recognized at the end of the reporting period. |
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The following is a description of the valuation methodologies used for instruments measured at fair value, as well as the general classification of such instruments pursuant to the valuation hierarchy. |
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Assets |
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Investment securities available-for-sale. These securities are comprised of U.S. government sponsored agencies and municipal obligations. The Company measures fair value using prices obtained from pricing services. A review is performed on the security prices received from the pricing services, which includes discussion and analysis of the inputs used by the pricing services to value our securities. Where possible, fair values are generated using market inputs including quoted prices (the closing price in an exchange markets), bid prices (the price at which a buyer stands ready to purchase) and other market information. For fixed income securities that are not actively traded, the pricing services use alternative methods to determine fair value for the securities, including; quotes for similar fixed-income securities, matrix pricing, discounted cash flow using benchmark curves or other factors to determine fair value. U.S. government sponsored agencies are classified within Level 1 of the valuation hierarchy and all other debt securities are classified as Level 2 of the valuation hierarchy. |
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Loans held-for-sale. The Company generally estimates the fair value of loans held-for-sale based on quoted market prices for securities backed by similar types of loans. Where quoted market prices were available, such market prices were utilized as estimates for fair values. Otherwise, the fair value of loans was computed by discounting cash flows using observable inputs inclusive of interest rates, prepayment speeds and loss assumptions for similar collateral. These measurements are classified as Level 2. |
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Loans held-for-investment. Loans held-for-investment are generally recorded at amortized cost. The Company does not record these loans at fair value on a recurring basis. However, from time to time, a loan becomes impaired when it is probable that payment of interest and principal will not be made in accordance with the contractual terms of the loan agreement. Once a loan is identified as impaired, the fair value of the impaired loan is estimated using one of several methods, including collateral value, market value of similar debt, or discounted cash flows. The fair value of the underlying collateral is determined, where possible, using market prices derived from appraisals or broker price opinions which are considered to be Level 3. Fair value may also be measured using the present value of expected cash flows discounted at the loan's effective interest rate. The Company records the impaired loans as a non-recurring Level 3 valuation. |
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Loans held-for-investment on a recurring basis are loans that were previously recorded as loans held-for-sale but subsequently transferred to the held-for-investment category. As the Company selected the fair value option for the held-for-sale loans, they continue to be reported at fair value and measured consistent with the Level 2 methodology for loans held-for-sale. |
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The HELOC loans associated with the FSTAR 2005-1 and FSTAR 2006-2 securitization trusts have been recorded in the Consolidated Financial Statement as loans held-for-investment. These loans are recorded at fair value using the present value of expected cash flows discounted at market rates typical of assets with similar risk profiles. The Company records these loans as a recurring Level 3 valuation. |
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Also, included in loans held-for-investment are the second mortgage loans associated with the previous FSTAR 2006-1 mortgage securitization trust. The loans are carried at fair value and valued using a discounted estimated net future cash flow model and therefore classified within the Level 3 valuation hierarchy as the model utilizes significant inputs which are unobservable. See Note 8 - Private-Label Securitization and Variable Interest Entities for additional information. |
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Repossessed assets. Loans on which the underlying collateral has been repossessed are adjusted to fair value less costs to sell upon transfer to repossessed assets. Subsequently, repossessed assets are carried at the lower of carrying value or fair value, less anticipated marketing and selling costs. Fair value is generally based upon third-party appraisals or internal fair value estimates based on repossessed asset experience and considered a Level 3 classification. |
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MSRs. The current market for MSRs is not sufficiently liquid to provide participants with quoted market prices. Therefore, the Company uses an option-adjusted spread valuation approach to determine the fair value of MSRs. This approach consists of projecting servicing cash flows under multiple interest rate scenarios and discounting these cash flows using risk-adjusted discount rates. The key assumptions used in the valuation of MSRs include mortgage prepayment speeds and discount rates. Management obtains third-party valuations of the MSR portfolio on a quarterly basis from independent valuation experts to assess the reasonableness of the fair value calculated by its internal valuation model. In certain circumstances, based on the probability of the completion of a sale of MSRs pursuant to a bona-fide purchase offer, the Company considers the bid price of that offer and identifiable transaction costs in comparison to the calculated fair value and may adjust the estimate of fair value to reflect the terms of the pending transaction. Due to the nature of the valuation inputs, MSRs are classified within Level 3 of the valuation hierarchy. See Note 9 - Mortgage Servicing Rights, for the key assumptions used in the residential MSR valuation process. |
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Derivative financial instruments. Certain classes of derivative contracts are listed on an exchange and are actively traded, and they are therefore classified within Level 1 of the valuation hierarchy. These include U.S. Treasury futures and U.S. Treasury options. The Company's forward loan sale commitments and interest rate swaps are valued based on quoted prices for similar assets in an active market with inputs that are observable and are classified within Level 2 of the valuation hierarchy. Rate lock commitments are valued using internal models with significant unobservable market parameters and therefore are classified within Level 3 of the valuation hierarchy. The Company assessed the significance of the impact of the credit valuation adjustments on the overall valuation of its derivative positions and determined that the credit valuation adjustments were not significant to the overall valuation of its derivatives. The derivatives are reported in either other assets or other liabilities on the Consolidated Statements of Financial Condition. |
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Liabilities |
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Warrants. Warrant liabilities are valued using a binomial lattice model and are classified within Level 2 of the valuation hierarchy. Significant observable inputs include expected volatility, a risk free rate and an expected life. Warrant liabilities are reported in "other liabilities" on the Consolidated Statements of Financial Condition. |
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Long-term debt. The Company records the long-term debt associated with the FSTAR 2005-1 and FSTAR 2006-2 HELOC securitization trusts at fair value. The fair value of the debt is estimated using quantitative models which incorporate observable and, in some instances, unobservable inputs including security prices, interest rate yield curves, option volatility, currency, commodity or equity rates and correlations between these inputs. The Company also considers the impact of its own credit spreads in determining the discount rate used to value these liabilities. The credit spread is determined by reference to observable spreads in the secondary bond markets, which are considered to be Level 3. The Company records this debt as a recurring Level 3 valuation. |
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Litigation settlement. On February 24, 2012, the Company announced that the Bank had entered into an agreement (the "DOJ Agreement") with the U.S. Department of Justice ("DOJ") relating to certain underwriting practices associated with loans insured by the Federal Housing Administration ("FHA") of the Department of Housing and Urban Development ("HUD"). The Bank and the DOJ entered into the DOJ Agreement pursuant to which the Bank agreed to comply with all applicable HUD and FHA rules related to the continued participation in the direct endorsement lender program, make an initial payment of $15.0 million within 30 business days of the effective date of the DOJ Agreement, make payments of approximately $118.0 million contingent upon the occurrence of certain future events (the "Additional Payments"), and complete a monitoring period by an independent third party chosen by the Bank and approved by HUD. The Company made the initial payment of $15.0 million on April 3, 2012. |
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The Company elected the fair value option to account for the liability representing the obligation to make Additional Payments under the DOJ Agreement. As of March 31, 2014, the Bank has accrued $94.0 million, which represents the fair value of the Additional Payments. The signed DOJ Agreement establishes a legally enforceable contract with a stipulated payment plan that meets the definition of a financial liability. |
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At March 31, 2014 and December 31, 2013, the cash flows were discounted using a 9.5 percent and 9.9 percent, respectively, discount rate that is inclusive of the risk free rate based on the expected duration of the liability and an adjustment for non-performance risk that represents the Company's credit risk. The model assumes that the Company will have met substantially all of the stipulations required for the commencement of payments to the DOJ. |
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The liability is classified within Level 3 of the valuation hierarchy given the projections of earnings and growth rate assumptions are unobservable inputs. The litigation settlement is included in other liabilities on the Consolidated Financial Statements and changes in the fair value of the litigation settlement will be recorded each quarter in other noninterest expense on the Consolidated Statements of Operations. See Note 19 - Legal Proceedings, Contingencies and Commitments, for further information on the DOJ litigation settlement. |
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Assets and liabilities measured at fair value on a recurring basis |
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The following tables present the financial instruments carried at fair value as of March 31, 2014 and December 31, 2013, by caption on the Consolidated Statement of Financial Condition and by level in the valuation hierarchy (as described above). |
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| Level 1 | | Level 2 | | Level 3 | | Total Fair | | | | | | | | | | | | |
Value | | | | | | | | | | | | |
March 31, 2014 | (Dollars in thousands) | | | | | | | | | | | | |
Investment securities available-for-sale | | | | | | | | | | | | | | | | | | | |
U.S. government sponsored agencies | $ | 1,195,066 | | | $ | — | | | $ | — | | | $ | 1,195,066 | | | | | | | | | | | | | |
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Municipal obligations | — | | | 12,364 | | | — | | | 12,364 | | | | | | | | | | | | | |
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Loans held-for-sale | | | | | | | | | | | | | | | | | | | |
Residential first mortgage loans | — | | | 1,372,978 | | | — | | | 1,372,978 | | | | | | | | | | | | | |
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Loans held-for-investment | | | | | | | | | | | | | | | | | | | |
Residential first mortgage loans | — | | | 21,719 | | | — | | | 21,719 | | | | | | | | | | | | | |
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Second mortgage loans | — | | | — | | | 61,540 | | | 61,540 | | | | | | | | | | | | | |
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HELOC loans | — | | | — | | | 150,595 | | | 150,595 | | | | | | | | | | | | | |
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Mortgage servicing rights | — | | | — | | | 320,231 | | | 320,231 | | | | | | | | | | | | | |
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Derivative assets | | | | | | | | | | | | | | | | | | | |
U.S. Treasury futures | 2,495 | | | — | | | — | | | 2,495 | | | | | | | | | | | | | |
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Forward agency and loan sales | — | | | 3,298 | | | — | | | 3,298 | | | | | | | | | | | | | |
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Rate lock commitments | — | | | — | | | 21,276 | | | 21,276 | | | | | | | | | | | | | |
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Interest rate swaps | — | | | 2,386 | | | — | | | 2,386 | | | | | | | | | | | | | |
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Total derivative assets | 2,495 | | | 5,684 | | | 21,276 | | | 29,455 | | | | | | | | | | | | | |
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Total assets at fair value | $ | 1,197,561 | | | $ | 1,412,745 | | | $ | 553,642 | | | $ | 3,163,948 | | | | | | | | | | | | | |
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Derivative liabilities | | | | | | | | | | | | | | | | | | | |
Agency forwards | $ | (97 | ) | | $ | — | | | $ | — | | | $ | (97 | ) | | | | | | | | | | | | |
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Interest rate swaps | — | | | (2,386 | ) | | — | | | (2,386 | ) | | | | | | | | | | | | |
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Total derivative liabilities | (97 | ) | | (2,386 | ) | | — | | | (2,483 | ) | | | | | | | | | | | | |
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Warrant liabilities | — | | | (11,577 | ) | | — | | | (11,577 | ) | | | | | | | | | | | | |
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Long-term debt | — | | | — | | | (101,710 | ) | | (101,710 | ) | | | | | | | | | | | | |
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Litigation settlement | — | | | — | | | (94,000 | ) | | (94,000 | ) | | | | | | | | | | | | |
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Total liabilities at fair value | $ | (97 | ) | | $ | (13,963 | ) | | $ | (195,710 | ) | | $ | (209,770 | ) | | | | | | | | | | | | |
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| Level 1 | | Level 2 | | Level 3 | | Total Fair | | | | | | | | | | | | |
Value | | | | | | | | | | | | |
December 31, 2013 | (Dollars in thousands) | | | | | | | | | | | | |
Investment securities available-for-sale | | | | | | | | | | | | | | | | | | | |
U.S. government sponsored agencies | $ | 1,028,248 | | | $ | — | | | $ | — | | | $ | 1,028,248 | | | | | | | | | | | | | |
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Municipal obligations | — | | | 17,300 | | | — | | | 17,300 | | | | | | | | | | | | | |
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Loans held-for-sale | | | | | | | | | | | | | | | | | | | |
Residential first mortgage loans | — | | | 1,140,507 | | | — | | | 1,140,507 | | | | | | | | | | | | | |
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Loans held-for-investment | | | | | | | | | | | | | | | | | | | |
Residential first mortgage loans | — | | | 18,625 | | | — | | | 18,625 | | | | | | | | | | | | | |
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Second mortgage loans | — | | | — | | | 64,685 | | | 64,685 | | | | | | | | | | | | | |
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HELOC loans | — | | | — | | | 155,012 | | | 155,012 | | | | | | | | | | | | | |
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Mortgage servicing rights | — | | | — | | | 284,678 | | | 284,678 | | | | | | | | | | | | | |
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Derivative assets | | | | | | | | | | | | | | | | | | | |
U.S. Treasury futures | 1,221 | | | — | | | — | | | 1,221 | | | | | | | | | | | | | |
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Forward agency and loan sales | — | | | 19,847 | | | — | | | 19,847 | | | | | | | | | | | | | |
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Rate lock commitments | — | | | — | | | 10,329 | | | 10,329 | | | | | | | | | | | | | |
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Interest rate swaps | — | | | 1,797 | | | — | | | 1,797 | | | | | | | | | | | | | |
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Total derivative assets | 1,221 | | | 21,644 | | | 10,329 | | | 33,194 | | | | | | | | | | | | | |
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Total assets at fair value | $ | 1,029,469 | | | $ | 1,198,076 | | | $ | 514,704 | | | $ | 2,742,249 | | | | | | | | | | | | | |
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Derivative liabilities | | | | | | | | | | | | | | | | | | | |
Agency forwards | $ | (1,665 | ) | | $ | — | | | $ | — | | | $ | (1,665 | ) | | | | | | | | | | | | |
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Interest rate swaps | — | | | (1,797 | ) | | — | | | (1,797 | ) | | | | | | | | | | | | |
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Total derivative liabilities | (1,665 | ) | | (1,797 | ) | | — | | | (3,462 | ) | | | | | | | | | | | | |
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Warrant liabilities | — | | | (10,802 | ) | | — | | | (10,802 | ) | | | | | | | | | | | | |
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Long-term debt | — | | | — | | | (105,813 | ) | | (105,813 | ) | | | | | | | | | | | | |
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Litigation settlement | — | | | — | | | (93,000 | ) | | (93,000 | ) | | | | | | | | | | | | |
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Total liabilities at fair value | $ | (1,665 | ) | | $ | (12,599 | ) | | $ | (198,813 | ) | | $ | (213,077 | ) | | | | | | | | | | | | |
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A determination to classify a financial instrument within Level 3 of the valuation hierarchy is based upon the significance of the unobservable inputs to the overall fair value measurement. However, Level 3 financial instruments typically include, in addition to the unobservable or Level 3 inputs, observable inputs (that is, inputs that are actively quoted and can be validated to external sources). Also, the Company manages the risk associated with the observable components of Level 3 financial instruments using securities and derivative positions that are classified within Level 1 or Level 2 of the valuation hierarchy; these Level 1 and Level 2 risk management instruments are not included in the Level 3 rollforward table below, and therefore the gains and losses in the tables do not reflect the effect of the Company's risk management activities related to such Level 3 instruments. If the market for an instrument becomes more liquid or active and pricing models become available which allow for readily observable inputs, the Company will transfer the instruments from Level 3 to Level 2 valuation hierarchy. |
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The Company had no transfers of assets or liabilities recorded at fair value between the fair value Levels for the three months ended March 31, 2014 and 2013. |
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Fair value measurements using significant unobservable inputs |
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The tables below include a roll forward of the Consolidated Statement of Financial Condition amounts for the three months ended March 31, 2014 and 2013 (including the change in fair value) for financial instruments classified by the Company within Level 3 of the valuation hierarchy. |
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| | Recorded in Earnings | Recorded in OCI | | | | | |
Three Months Ended March 31, 2014 | Balance at | Total Unrealized Gains / (Losses) | Total Realized Gains / (Losses) | Total Unrealized Gains / (Losses) | Purchases | Sales | Settlements | Balance at | Unrealized Gains / (Losses) Held at End of Period (4) |
Beginning of | End of |
Period | Period |
Assets | (Dollars in thousands) |
Loans held-for-investment | | | | | | | | | |
Second mortgage loans | $ | 64,685 | | $ | (417 | ) | $ | 444 | | $ | — | | $ | — | | $ | — | | $ | (3,172 | ) | $ | 61,540 | | $ | 27 | |
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HELOC loans | 155,012 | | (1,940 | ) | 1,513 | | — | | 57 | | — | | (4,047 | ) | 150,595 | | 7,257 | |
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Mortgage servicing rights | 284,678 | | (9,592 | ) | — | | — | | 51,043 | | (5,898 | ) | — | | 320,231 | | (4,099 | ) |
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Derivative financial instruments | | | | | | | | | |
Rate lock commitments | 10,329 | | 32,989 | | — | | — | | 59,090 | | (64,887 | ) | (16,245 | ) | 21,276 | | (637 | ) |
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Totals | $ | 514,704 | | $ | 21,040 | | $ | 1,957 | | $ | — | | $ | 110,190 | | $ | (70,785 | ) | $ | (23,464 | ) | $ | 553,642 | | $ | 2,548 | |
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Liabilities | | | | | | | | | |
Long-term debt | $ | (105,813 | ) | $ | — | | $ | (1,324 | ) | $ | — | | $ | — | | $ | — | | $ | 5,427 | | $ | (101,710 | ) | $ | 1,321 | |
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Litigation settlement | (93,000 | ) | — | | (1,000 | ) | — | | — | | — | | — | | (94,000 | ) | — | |
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Totals | $ | (198,813 | ) | $ | — | | $ | (2,324 | ) | $ | — | | $ | — | | $ | — | | $ | 5,427 | | $ | (195,710 | ) | $ | 1,321 | |
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Three Months Ended March 31, 2013 | | | | | | | | | |
Investment securities available-for-sale (1)(2)(3) | | | | | | | | | |
Mortgage securitization | $ | 91,117 | | $ | — | | $ | — | | $ | 1,227 | | $ | — | | $ | — | | $ | (4,988 | ) | $ | 87,356 | | $ | — | |
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Loans held-for-investment | | | | | | | | | |
Transferors' interest | 7,103 | | (174 | ) | — | | — | | — | | — | | (57 | ) | 6,872 | | (174 | ) |
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Mortgage servicing rights | 710,791 | | (15,641 | ) | — | | — | | 126,494 | | (94,437 | ) | — | | 727,207 | | 17,540 | |
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Derivative financial instruments | | | | | | | | | |
Rate lock commitments | 86,200 | | (30,828 | ) | — | | — | | 139,514 | | (118,815 | ) | (24,682 | ) | 51,389 | | 3,230 | |
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Totals | $ | 895,211 | | $ | (46,643 | ) | $ | — | | $ | 1,227 | | $ | 266,008 | | $ | (213,252 | ) | $ | (29,727 | ) | $ | 872,824 | | $ | 20,596 | |
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Liabilities | | | | | | | | | |
Litigation settlement | $ | (19,100 | ) | $ | — | | $ | — | | $ | — | | $ | — | | $ | — | | $ | — | | $ | (19,100 | ) | $ | — | |
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-1 | Realized gains (losses), including unrealized losses deemed other-than-temporary and related to credit issues, are reported in noninterest income. | | | | | | | | | | | | | | | | | | | | | | | | | | |
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-2 | U.S. government agency investment securities available-for-sale are valued predominantly using quoted broker/dealer prices with adjustments to reflect any assumptions a willing market participant would include in its valuation. Non-agency CMOs investment securities available-for-sale are valued using internal valuation models and pricing information from third parties. | | | | | | | | | | | | | | | | | | | | | | | | | | |
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-3 | Reflects the changes in the unrealized gains (losses) related to financial instruments held at the end of the period. | | | | | | | | | | | | | | | | | | | | | | | | | | |
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The following tables present the quantitative information about recurring Level 3 fair value financial instruments and the fair value measurements as of March 31, 2014 and December 31, 2013. |
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| Fair Value | Valuation Technique | Unobservable Input | Range (Weighted Average) | | | | | | | | | | | | | | | | | | | | | |
March 31, 2014 | (Dollars in thousands) | | | | | | | | | | | | | | | | | | | | | |
Assets | | | | | | | | | | | | | | | | | | | | | | |
Second mortgage loans | $ | 61,540 | | Discounted cash flows | Discount rate | 7.1% - 10.7% (8.9%) | | | | | | | | | | | | | | | | | | | | | |
Prepay rate - 12 month historical average | 8.8% - 13.1% (11.0%) | | | | | | | | | | | | | | | | | | | | | |
CDR rate - 12 month historical average | 2.2% - 3.3% (2.7%) | | | | | | | | | | | | | | | | | | | | | |
FSTAR 2005-1 HELOC loans | $ | 75,998 | | Discounted cash flows | Discount rate | 5.6% - 8.4% (7.0%) | | | | | | | | | | | | | | | | | | | | | |
Prepay rate - 3 month historical average | 6.4% - 9.6% (8.0%) | | | | | | | | | | | | | | | | | | | | | |
Cumulative loss rate | 11.7% - 17.5% (14.6%) | | | | | | | | | | | | | | | | | | | | | |
Loss severity | 80.0% - 120.0% (100.0%) | | | | | | | | | | | | | | | | | | | | | |
FSTAR 2006-2 HELOC loans | $ | 74,597 | | Discounted cash flows | Discount rate | 7.2% - 10.8% (9.0%) | | | | | | | | | | | | | | | | | | | | | |
Prepay rate - 3 month historical average | 8.0% - 12.0% (10.0%) | | | | | | | | | | | | | | | | | | | | | |
Cumulative loss rate | 40.0% - 60.1% (50.1%) | | | | | | | | | | | | | | | | | | | | | |
Loss severity | 80.0% - 120.0% (100.0%) | | | | | | | | | | | | | | | | | | | | | |
Mortgage servicing rights | $ | 320,231 | | Discounted cash flows | Option adjusted spread | 7.6% - 11.3% (9.4%) | | | | | | | | | | | | | | | | | | | | | |
Constant prepayment rate | 7.5% - 10.9% (9.3%) | | | | | | | | | | | | | | | | | | | | | |
Weighted average cost to service per loan | 59.0% - 88.5% (73.8%) | | | | | | | | | | | | | | | | | | | | | |
Rate lock commitments | $ | 21,276 | | Consensus pricing | Origination pull-through rate | 65.7% - 98.5% (82.1%) | | | | | | | | | | | | | | | | | | | | | |
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Liabilities | | | | | | | | | | | | | | | | | | | | | | | | | |
FSTAR 2005-1 Long-term debt | $ | (53,354 | ) | Discounted cash flows | Discount rate | 5.6% - 8.4% (7.0%) | | | | | | | | | | | | | | | | | | | | | |
Prepay rate - 3 month historical average | 6.4% - 9.6% (8.0%) | | | | | | | | | | | | | | | | | | | | | |
Cumulative loss rate | 11.7% - 17.5% (14.6%) | | | | | | | | | | | | | | | | | | | | | |
Loss severity | 80.0% - 120.0% (100.0%) | | | | | | | | | | | | | | | | | | | | | |
FSTAR 2006-2 Long-term debt | $ | (48,356 | ) | Discounted cash flows | Discount rate | 7.2% - 10.8% (9.0%) | | | | | | | | | | | | | | | | | | | | | |
Prepay rate - 3 month historical average | 8.0% - 12.0% (10.0%) | | | | | | | | | | | | | | | | | | | | | |
Cumulative loss rate | 40.0% - 60.1% (50.1%) | | | | | | | | | | | | | | | | | | | | | |
Loss severity | 80.0% - 120.0% (100.0%) | | | | | | | | | | | | | | | | | | | | | |
Litigation settlement | $ | (94,000 | ) | Discounted cash flows | Asset growth rate | 4.4% - 6.6% (5.5%) | | | | | | | | | | | | | | | | | | | | | |
MSR growth rate | 0.9% - 1.4% (1.2%) | | | | | | | | | | | | | | | | | | | | | |
Return on assets (ROA) improvement | 0.02% - 0.04% (0.03%) | | | | | | | | | | | | | | | | | | | | | |
Peer group ROA | 0.5% - 0.8% (0.7%) | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| Fair Value | Valuation Technique | Unobservable Input | Range (Weighted Average) | | | | | | | | | | | | | | | | | | | | | |
December 31, 2013 | (Dollars in thousands) | | | | | | | | | | | | | | | | | | | | | |
Assets | | | | | | | | | | | | | | | | | | | | | | |
Second mortgage loans | $ | 64,685 | | Discounted cash flows | Discount rate | 7.1% - 10.7% (8.9%) | | | | | | | | | | | | | | | | | | | | | |
Prepay rate - 12 month historical average | 10.5% - 15.7% (13.1%) | | | | | | | | | | | | | | | | | | | | | |
CDR rate - 12 month historical average | 2.2% - 3.2% (2.7%) | | | | | | | | | | | | | | | | | | | | | |
FSTAR 2005-1 HELOC loans | $ | 78,009 | | Discounted cash flows | Discount rate | 5.6% - 8.4% (7.0%) | | | | | | | | | | | | | | | | | | | | | |
Prepay rate - 3 month historical average | 12.8% - 19.2% (16.0%) | | | | | | | | | | | | | | | | | | | | | |
Cumulative loss rate | 11.6% - 17.4% (14.5%) | | | | | | | | | | | | | | | | | | | | | |
Loss severity | 80.0% - 120.0% (100.0%) | | | | | | | | | | | | | | | | | | | | | |
FSTAR 2006-2 HELOC loans | $ | 77,003 | | Discounted cash flows | Discount rate | 7.2% - 10.8% (9.0%) | | | | | | | | | | | | | | | | | | | | | |
Prepay rate - 3 month historical average | 9.6% - 14.4% (12.0%) | | | | | | | | | | | | | | | | | | | | | |
Cumulative loss rate | 39.9% - 59.8% (49.9%) 80.0% - 120.0% (100.0%) | | | | | | | | | | | | | | | | | | | | | |
Loss severity | | | | | | | | | | | | | | | | | | | | | | |
Mortgage servicing rights | $ | 284,678 | | Discounted cash flows | Origination adjusted spread | 5.9% - 8.9% (7.7%) | | | | | | | | | | | | | | | | | | | | | |
Constant prepayment rate | 9.7% - 14.0% (11.9%) | | | | | | | | | | | | | | | | | | | | | |
Weighted average cost to service per loan | 59.1% - 88.6% (73.8%) | | | | | | | | | | | | | | | | | | | | | |
Rate lock commitments | $ | 10,329 | | Consensus pricing | Origination pull-through rate | 65.9% - 98.8% (82.3%) | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | |
Liabilities | | | | | | | | | | | | | | | | | | | | | | | | | |
FSTAR 2005-1 Long-term debt | $ | (55,172 | ) | Discounted cash flows | Discount rate | 5.6% - 8.4% (7.0%) | | | | | | | | | | | | | | | | | | | | | |
Prepay rate - 3 month historical average | 12.8% - 19.2% (16.0%) | | | | | | | | | | | | | | | | | | | | | |
Cumulative loss rate | 11.6% - 17.4% (14.5%) | | | | | | | | | | | | | | | | | | | | | |
Loss severity | 80.0% - 120.0% (100.0%) | | | | | | | | | | | | | | | | | | | | | |
FSTAR 2006-2 Long-term debt | $ | (50,641 | ) | Discounted cash flows | Discount rate | 7.2% - 10.8% (9.0%) | | | | | | | | | | | | | | | | | | | | | |
Prepay rate - 3 month historical average | 9.6% - 14.4% (12.0%) | | | | | | | | | | | | | | | | | | | | | |
Cumulative loss rate | 39.9% - 59.9% (49.9%) 80.0% - 120.0% (100.0%) | | | | | | | | | | | | | | | | | | | | | |
Loss severity | | | | | | | | | | | | | | | | | | | | | | |
Litigation settlement | $ | (93,000 | ) | Discounted cash flows | Asset growth rate | 4.4% - 6.6% (5.5%) | | | | | | | | | | | | | | | | | | | | | |
MSR growth rate | 0.9% - 1.4% (1.2%) | | | | | | | | | | | | | | | | | | | | | |
Return on assets (ROA) improvement | 0.02% - 0.04% (0.03%) | | | | | | | | | | | | | | | | | | | | | |
Peer group ROA | 0.5% - 0.8% (0.7%) | | | | | | | | | | | | | | | | | | | | | |
|
The significant unobservable inputs used in the fair value measurement of the second mortgage loans associated with the FSTAR 2006-1 mortgage securitization trust are discount rates, prepayment rates and default rates. Significant increases (decreases) in the discount rate in isolation would result in a significantly lower (higher) fair value measurement. Increases in both prepay rates and default rates in isolation result in a higher fair value; however, generally a change in the assumption used for the probability of default is accompanied by a directionally opposite change in the assumption used for prepayment rates, which would offset a portion of the fair value change. |
|
The significant unobservable inputs used in the fair value measurement of the HELOC loans and long-term debt associated with the FSTAR 2005-1 and FSTAR 2006-2 securitization trusts are discount rates, prepayment rates, loss rates and loss severity. Significant increases (decreases) in the discount rate in isolation would result in a significantly lower (higher) fair value measurement. Increases (decreases) in prepay rates in isolation would result in a higher (lower) fair value measurement while increases (decreases) in loss rates in isolation would result in a lower (higher) fair value. Significant increases (decreases) in the loss severity rate in isolation would result in a significantly lower (higher) fair value measurement. |
|
The significant unobservable inputs used in the fair value measurement of the MSRs are option adjusted spreads, prepayment rates, and cost to service. Significant increases (decreases) in all the assumptions in isolation would result in a significantly lower (higher) fair value measurement. |
|
The significant unobservable input used in the fair value measurement of the rate lock commitments is the pull through rate. The pull through rate is a statistical analysis of the Company's actual rate lock fallout history to determine the sensitivity of the residential mortgage loan pipeline compared to interest rate changes and other deterministic values. New market prices are applied based on updated loan characteristics and new fall out ratios (i.e., the inverse of the pull through rate) are applied accordingly. Significant increases (decreases) in the pull through rate in isolation would result in a significantly higher (lower) fair value measurement. Generally, a change in the assumption utilized for the probability of default is accompanied by a directionally similar change in the assumption utilized for the loss severity and a directionally opposite change in assumption utilized for prepayment rates. |
|
The significant unobservable inputs used in the fair value measurement of the DOJ litigation settlement are future balance sheet and growth rate assumptions for overall asset growth, MSR growth, peer group return on assets and return on assets improvement. The current assumptions are based on management's approved, strategic performance targets beyond the current strategic modeling horizon (2014). The Bank's target asset growth rate post 2014 is based off of growth in the balance sheet. Significant increases (decreases) in the bank's growth rate in isolation would result in a significantly lower (higher) fair value measurement. Significant increases (decreases) in the bank's MSR growth rate in isolation would result in a marginally lower (higher) fair value measurement. Significant increases (decreases) in the peer group's return on assets improvement in isolation would result in a marginally higher (lower) fair value measurement. Significant increases (decreases) in the bank's return on assets improvement in isolation would result in a marginally higher (lower) fair value measurement. |
|
The Company also has assets that under certain conditions are subject to measurement at fair value on a non-recurring basis. These assets are measured at the lower of cost or fair value and had a fair value below cost at the end of the period as summarized below. |
Assets Measured at Fair Value on a Non-recurring Basis |
| | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Level 3 | | | | | | | | | | | | | | | | | | | | | | | |
| | (Dollars in thousands) | | | | | | | | | | | | | | | | | | | | | | | |
March 31, 2014 | | | | | | | | | | | | | | | | | | | | | | | | | |
Impaired loans held-for-investment (1) | | | | | | | | | | | | | | | | | | | | | | | | | |
Residential first mortgage loans | | $ | 50,585 | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | |
Commercial real estate loans | | 1,500 | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | |
Repossessed assets (2) | | 31,076 | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | |
Totals | | $ | 83,161 | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | |
December 31, 2013 | | | | | | | | | | | | | | | | | | | | | | | | | |
Impaired loans held-for-investment (1) | | | | | | | | | | | | | | | | | | | | | | | | | |
Residential first mortgage loans | | $ | 68,252 | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | |
Commercial real estate loans | | 1,500 | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | |
Repossessed assets (2) | | 36,636 | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | |
Totals | | $ | 106,388 | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | |
|
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
-1 | The Company recorded $9.9 million and $37.5 million in fair value losses on impaired loans (included in provision for loan losses on the Consolidated Statements of Operations) during the three months ended March 31, 2014 and 2013, respectively. | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
-2 | The Company recorded $0.5 million and $0.8 million in losses related to write-downs of repossessed assets based on the estimated fair value of the specific assets, and recognized net gains of $0.8 million and $4.4 million on sales of repossessed assets (both write-downs and net gains/losses are included in asset resolution expense on the Consolidated Statements of Operations) during the three months ended March 31, 2014 and 2013, respectively. | | | | | | | | | | | | | | | | | | | | | | | | | | |
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The following tables present the quantitative information about non-recurring Level 3 fair value financial instruments and the fair value measurements as of March 31, 2014 and December 31, 2013. |
| | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| Fair Value | Valuation Technique | Unobservable Input | Range (Weighted Average) | | | | | | | | | | | | | | | | | | | | | |
March 31, 2014 | (Dollars in thousands) | | | | | | | | | | | | | | | | | | | | | |
Impaired loans held-for-investment | | | | | | | | | | | | | | | | | | | | | | | | | |
Residential first mortgage loans | $ | 50,585 | | Fair value of collateral | Loss severity discount | 0% - 100% (46.2%) | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | |
Commercial real estate loans | $ | 1,500 | | Fair value of collateral | Loss severity discount | 0% - 100% (39.6%) | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | |
Repossessed assets | $ | 31,076 | | Fair value of collateral | Loss severity discount | 0% - 100% (44.9%) | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| Fair Value | Valuation Technique | Unobservable Input | Range (Weighted Average) | | | | | | | | | | | | | | | | | | | | | |
December 31, 2013 | (Dollars in thousands) | | | | | | | | | | | | | | | | | | | | | |
Impaired loans held-for-investment | | | | | | | | | | | | | | | | | | | | | | | | | |
Residential first mortgage loans | $ | 68,252 | | Fair value of collateral | Loss severity discount | 0% - 100% (44.9%) | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | |
Commercial real estate loans | $ | 1,500 | | Fair value of collateral | Loss severity discount | 0% - 100% (39.6%) | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | |
Repossessed assets | $ | 36,636 | | Fair value of collateral | Loss severity discount | 0% - 100% (45.3%) | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | |
|
The Company has certain impaired residential first mortgage and commercial real estate loans that are measured at fair value on a nonrecurring basis. Such amounts are generally based on the fair value of the underlying collateral supporting the loan. Appraisals or other third party price opinions are generally obtained to support the fair value of the collateral and incorporate measures such as recent sales prices for comparable properties. In cases where the carrying value exceeds the fair value of the collateral less cost to sell, an impairment charge is recognized. |
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Repossessed assets are measured and reported at fair value through a charge-off to the allowance for loan losses based upon the fair value of the repossessed asset. The fair value of repossessed assets, upon initial recognition, are estimated using Level 3 inputs based on customized discounting criteria. The significant unobservable inputs used in the Level 3 fair value measurements of the Company's impaired loans and repossessed assets included in the table above primarily relate to internal valuations or analysis. |
|
Fair Value of Financial Instruments |
|
The accounting guidance for financial instruments requires disclosures of the estimated fair value of certain financial instruments and the methods and significant assumptions used to estimate their fair values. Certain financial instruments and all non-financial instruments are excluded from the scope of this guidance. Accordingly, the fair value disclosures required by this guidance are only indicative of the value of individual financial instruments as of the dates indicated and should not be considered an indication of the fair value of the Company. |
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The following table presents the carrying amount and estimated fair value of certain financial instruments that are carried either at fair value or cost. |
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| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| March 31, 2014 | | | | | | | | |
| | | Estimated Fair Value | | | | | | | | |
| Carrying | | Total | | Level 1 | | Level 2 | | Level 3 | | | | | | | | |
Value | | | | | | | | |
| (Dollars in thousands) | | | | | | | | |
Financial Instruments | | | | | | | | | | | | | | | | | |
Assets | | | | | | | | | | | | | | | | | |
Cash and cash equivalents | $ | 56,968 | | | $ | 56,968 | | | $ | 56,968 | | | $ | — | | | $ | — | | | | | | | | | |
| | | | | | | |
Investment securities available-for-sale | 1,207,430 | | | 1,207,430 | | | 1,195,066 | | | 12,364 | | | — | | | | | | | | | |
| | | | | | | |
Loans held-for-sale | 1,673,763 | | | 1,676,432 | | | — | | | 1,676,432 | | | — | | | | | | | | | |
| | | | | | | |
Loans repurchased with government guarantees | 1,266,702 | | | 1,229,970 | | | — | | | 1,229,970 | | | — | | | | | | | | | |
| | | | | | | |
Loans held-for-investment, net | 3,712,871 | | | 3,616,402 | | | — | | | 21,719 | | | 3,594,683 | | | | | | | | | |
| | | | | | | |
Repossessed assets | 31,076 | | | 31,076 | | | — | | | — | | | 31,076 | | | | | | | | | |
| | | | | | | |
Federal Home Loan Bank stock | 209,737 | | | 209,737 | | | 209,737 | | | — | | | — | | | | | | | | | |
| | | | | | | |
Mortgage servicing rights | 320,231 | | | 320,231 | | | — | | | — | | | 320,231 | | | | | | | | | |
| | | | | | | |
Customer initiated derivative interest rate swaps | 2,386 | | | 2,386 | | | — | | | 2,386 | | | — | | | | | | | | | |
| | | | | | | |
Liabilities | | | | | | | | | | | | | | | | | |
Retail deposits | | | | | | | | | | | | | | | | | |
Demand deposits and savings accounts | (4,027,068 | ) | | (3,883,336 | ) | | — | | | (3,883,336 | ) | | — | | | | | | | | | |
| | | | | | | |
Certificates of deposit | (959,241 | ) | | (966,493 | ) | | — | | | (966,493 | ) | | — | | | | | | | | | |
| | | | | | | |
Government deposits | (731,192 | ) | | (724,124 | ) | | — | | | (724,124 | ) | | — | | | | | | | | | |
| | | | | | | |
Wholesale deposits | (275 | ) | | (235 | ) | | — | | | (235 | ) | | — | | | | | | | | | |
| | | | | | | |
Company controlled deposits | (592,525 | ) | | (586,501 | ) | | — | | | (586,501 | ) | | — | | | | | | | | | |
| | | | | | | |
Federal Home Loan Bank advances | (1,125,000 | ) | | (1,124,931 | ) | | (1,124,931 | ) | | — | | | — | | | | | | | | | |
| | | | | | | |
Long-term debt | (349,145 | ) | | (195,188 | ) | | — | | | (93,478 | ) | | (101,710 | ) | | | | | | | | |
| | | | | | | |
Warrant liabilities | (11,577 | ) | | (11,577 | ) | | — | | | (11,577 | ) | | — | | | | | | | | | |
| | | | | | | |
Litigation settlement | (94,000 | ) | | (94,000 | ) | | — | | | — | | | (94,000 | ) | | | | | | | | |
| | | | | | | |
Customer initiated derivative interest rate swaps | (2,386 | ) | | (2,386 | ) | | — | | | (2,386 | ) | | — | | | | | | | | | |
| | | | | | | |
Derivative Financial Instruments | | | | | | | | | | | | | | | | | |
Forward agency and loan sales | 3,298 | | | 3,298 | | | — | | | 3,298 | | | — | | | | | | | | | |
| | | | | | | |
Rate lock commitments | 21,276 | | | 21,276 | | | — | | | — | | | 21,276 | | | | | | | | | |
| | | | | | | |
U.S. Treasury and agency futures/forwards | 2,398 | | | 2,398 | | | 2,398 | | | — | | | — | | | | | | | | | |
| | | | | | | |
|
|
| | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| 31-Dec-13 | | | | | | | | |
| | | Estimated Fair Value | | | | | | | | |
| Carrying | | Total | | Level 1 | | Level 2 | | Level 3 | | | | | | | | |
Value | | | | | | | | |
| (Dollars in thousands) | | | | | | | | |
Financial Instruments | | | | | | | | | | | | | | | | | |
Assets | | | | | | | | | | | | | | | | | |
Cash and cash equivalents | $ | 280,505 | | | $ | 280,505 | | | $ | 280,505 | | | $ | — | | | $ | — | | | | | | | | | |
| | | | | | | |
Investment securities available-for-sale | 1,045,548 | | | 1,045,548 | | | 1,028,248 | | | 17,300 | | | — | | | | | | | | | |
| | | | | | | |
Loans held-for-sale | 1,480,418 | | | 1,469,820 | | | — | | | 1,469,820 | | | — | | | | | | | | | |
| | | | | | | |
Loans repurchased with government guarantees | 1,273,690 | | | 1,212,799 | | | — | | | 1,212,799 | | | — | | | | | | | | | |
| | | | | | | |
Loans held-for-investment, net | 3,848,756 | | | 3,653,292 | | | — | | | 18,625 | | | 3,634,667 | | | | | | | | | |
| | | | | | | |
Repossessed assets | 36,636 | | | 36,636 | | | — | | | — | | | 36,636 | | | | | | | | | |
| | | | | | | |
Federal Home Loan Bank stock | 209,737 | | | 209,737 | | | 209,737 | | | — | | | — | | | | | | | | | |
| | | | | | | |
Mortgage servicing rights | 284,678 | | | 284,678 | | | — | | | — | | | 284,678 | | | | | | | | | |
| | | | | | | |
Customer initiated derivative interest rate swaps | 1,797 | | | 1,797 | | | — | | | 1,797 | | | — | | | | | | | | | |
| | | | | | | |
Liabilities | | | | | | | | | | | | | | | | | |
Retail deposits | | | | | | | | | | | | | | | | | |
Demand deposits and savings accounts | (3,919,937 | ) | | (3,778,890 | ) | | — | | | (3,778,890 | ) | | — | | | | | | | | | |
| | | | | | | |
Certificates of deposit | (1,026,129 | ) | | (1,034,599 | ) | | — | | | (1,034,599 | ) | | — | | | | | | | | | |
| | | | | | | |
Government accounts | (602,398 | ) | | (596,778 | ) | | — | | | (596,778 | ) | | — | | | | | | | | | |
| | | | | | | |
Wholesale deposits | (8,717 | ) | | (8,716 | ) | | — | | | (8,716 | ) | | — | | | | | | | | | |
| | | | | | | |
Company controlled deposits | (583,145 | ) | | (577,662 | ) | | — | | | (577,662 | ) | | — | | | | | | | | | |
| | | | | | | |
Federal Home Loan Bank advances | (988,000 | ) | | (988,102 | ) | | (988,102 | ) | | — | | | — | | | | | | | | | |
| | | | | | | |
Long-term debt | (353,248 | ) | | (202,887 | ) | | — | | | (97,074 | ) | | (105,813 | ) | | | | | | | | |
| | | | | | | |
Warrant liabilities | (10,802 | ) | | (10,802 | ) | | — | | | (10,802 | ) | | — | | | | | | | | | |
| | | | | | | |
Litigation settlement | (93,000 | ) | | (93,000 | ) | | — | | | — | | | (93,000 | ) | | | | | | | | |
| | | | | | | |
Customer initiated derivative interest rate swaps | (1,797 | ) | | (1,797 | ) | | — | | | (1,797 | ) | | — | | | | | | | | | |
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Derivative Financial Instruments | | | | | | | | | | | | | | | | | |
Forward agency and loan sales | 19,847 | | | 19,847 | | | — | | | 19,847 | | | — | | | | | | | | | |
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Rate lock commitments | 10,329 | | | 10,329 | | | — | | | — | | | 10,329 | | | | | | | | | |
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U.S. Treasury and agency futures/forwards | (444 | ) | | (444 | ) | | (444 | ) | | — | | | — | | | | | | | | | |
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The methods and assumptions used by the Company in estimating fair value of financial instruments that were not previously disclosed, are as follows: |
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Cash and cash equivalents. Due to their short-term nature, the carrying amount of cash and cash equivalents approximates fair value. |
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Loans repurchased with government guarantees. The fair value of loans is estimated by using internally developed discounted cash flow models using market interest rate inputs as well as management’s best estimate of spreads for similar collateral. |
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Loans held-for-investment. The fair value of loans is estimated by using internally developed discounted cash flow models using market interest rate inputs as well as management’s best estimate of spreads for similar collateral. |
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Federal Home Loan Bank stock. No secondary market exists for Federal Home Loan Bank stock. The stock is bought and sold at par by the Federal Home Loan Bank. Management believes that the recorded value is the fair value. |
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Deposit accounts. The fair value of demand deposits and savings accounts approximates the carrying amount. The fair value of fixed-maturity certificates of deposit is estimated using the rates currently offered for certificates of deposit with similar remaining maturities. |
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Federal Home Loan Bank advances. Rates currently available to the Company for debt with similar terms and remaining maturities are used to estimate the fair value of the existing debt. |
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Long-term debt. The fair value of the long-term debt is estimated based on a discounted cash flow model that incorporates the Company’s current borrowing rates for similar types of borrowing arrangements. |
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Fair Value Option |
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The Company elected to measure at fair value certain financial assets and financial liabilities. The Company elected fair value option for the following items to mitigate a divergence between accounting losses and economic exposure. |
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The Company elected the fair value option for held-for-sale loans, originated post 2009, and the litigation settlement liability to better reflect the management of these financial instruments on a fair value basis. Loan held-for-investment include loans that were originated as loans held-for-sale and later transferred to loans held-for-investment at fair value. Interest income on loans held-for-sale is accrued on the principal outstanding primarily using the "simple-interest" method. Interest expense on the litigation settlement will be included in the overall change in fair value of the liability each quarter. Direct loan origination cost and fees on loans held-for-sale are recognized in income at origination. |
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As of June 30, 2013, the Company dissolved the FSTAR 2006-1 mortgage securitization trust and transferred the second mortgage loans, underlying the collapsed FSTAR 2006-1 mortgage securitization which were carried at fair value in available-for-sale investment securities. The change in fair value relating to the loans is recorded in other noninterest income. |
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As of June 30, 2013, the Company elected the fair value option for the assets and liabilities of reconsolidated VIEs related to the HELOC securitization trusts. This option is generally elected for newly consolidated VIEs for which predominantly all of the Company's interests, prior to consolidation, are carried at fair value with changes in fair value recorded to earnings. The change in fair value relating to the assets and liabilities of these transactions is recorded in other noninterest income. Accordingly, such an election allows the Company to continue fair value accounting through earnings for those interests and eliminate income statement mismatch otherwise caused by differences in the measurement basis of the consolidated VIEs assets and liabilities. |
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The Company elected the fair value option to account for the liability representing the obligation to make Additional Payments under the DOJ Agreement. The signed DOJ Agreement establishes a legally enforceable contract with a stipulated payment plan that meets the definition of a financial liability. The Company made the fair value election as of December 31, 2011, the date the Company first recognized the financial instrument in its financial statements. |
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The following table reflects the change in fair value included in earnings (and the account recorded in) for the assets and liabilities for which the fair value option has been elected. |
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| | Three Months Ended March 31, | | | | | | | | | | | | | | | | | | | |
| | 2014 | | 2013 | | | | | | | | | | | | | | | | | | | |
Assets | (Dollars in thousands) | | | | | | | | | | | | | | | | | | | |
Loans held-for-sale | | | | | | | | | | | | | | | | | | | | | | |
| Net gain on loan sales | $ | 63,001 | | | $ | 87,643 | | | | | | | | | | | | | | | | | | | | |
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Loans held-for-investment | | | | | | | | | | | | | | | | | | | | | | |
| Interest income on loans | $ | — | | | $ | (779 | ) | | | | | | | | | | | | | | | | | | | |
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| Other noninterest income | (4,269 | ) | | — | | | | | | | | | | | | | | | | | | | | |
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Liabilities | | | | | | | | | | | | | | | | | | | | | | |
Long-term debt | | | | | | | | | | | | | | | | | | | | | | |
| Other noninterest income | $ | 4,107 | | | $ | — | | | | | | | | | | | | | | | | | | | | |
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Litigation settlement | | | | | | | | | | | | | | | | | | | | | | |
| Legal and professional expense | $ | (1,000 | ) | | $ | — | | | | | | | | | | | | | | | | | | | | |
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The following table reflects the difference between the aggregate fair value and aggregate remaining contractual principal balance outstanding as of March 31, 2014 and December 31, 2013 for assets and liabilities for which the fair value option has been elected. |
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| | March 31, 2014 | | December 31, 2013 | | | | | | | |
| | (Dollars in thousands) | | | | | | | |
| | Unpaid Principal Balance | Fair Value | Fair Value Over / (Under) Unpaid Principal Balance | Unpaid Principal Balance | Fair Value | Fair Value Over / (Under) Unpaid Principal Balance | | | | | | | |
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Assets | | | | | | | | | | | | | |
| Nonaccrual loans | | | | | | | | | | | | | |
| Loans held-for-sale | $ | — | | $ | — | | $ | — | | | $ | — | | $ | — | | $ | — | | | | | | | | |
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Loans held-for-investment | 9,769 | | 3,748 | | (6,021 | ) | | 10,764 | | 4,014 | | (6,750 | ) | | | | | | | |
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Total non-accrual loans | $ | 9,769 | | $ | 3,748 | | (6,021 | ) | | $ | 10,764 | | $ | 4,014 | | $ | (6,750 | ) | | | | | | | |
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Other performing loans | | | | | | | | | | | | | | |
Loans held-for-sale | $ | 1,321,719 | | $ | 1,372,978 | | $ | 51,259 | | | $ | 1,109,517 | | $ | 1,140,507 | | $ | 30,990 | | | | | | | | |
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Loans held-for-investment | 252,840 | | 230,106 | | (22,734 | ) | | 257,665 | | 234,308 | | (23,357 | ) | | | | | | | |
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Total other performing loans | $ | 1,574,559 | | $ | 1,603,084 | | $ | 28,525 | | | $ | 1,367,182 | | $ | 1,374,815 | | $ | 7,633 | | | | | | | | |
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Total loans | | | | | | | | | | | | | | |
Loans held-for-sale | $ | 1,321,719 | | $ | 1,372,978 | | $ | 51,259 | | | $ | 1,109,517 | | $ | 1,140,507 | | $ | 30,990 | | | | | | | | |
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Loans held-for-investment | 262,609 | | 233,854 | | (28,755 | ) | | 268,429 | | 238,322 | | (30,107 | ) | | | | | | | |
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Total loans | $ | 1,584,328 | | $ | 1,606,832 | | $ | 22,504 | | | $ | 1,377,946 | | $ | 1,378,829 | | $ | 883 | | | | | | | | |
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Liabilities | | | | | | | | | | | | | | |
Long-term debt | $ | (111,077 | ) | $ | (101,710 | ) | $ | (9,367 | ) | | $ | (116,504 | ) | $ | (105,813 | ) | $ | (10,691 | ) | | | | | | | |
Litigation settlement | N/A (1) | (94,000 | ) | N/A (1) | | N/A (1) | (93,000 | ) | N/A (1) | | | | | | | |
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-1 | Remaining principal outstanding is not applicable to the litigation settlement because it does not obligate the Company to return a stated amount of principal at maturity, but instead return an amount based upon performance on the underlying terms in the Agreement. | | | | | | | | | | | | | | | | | | | | | | | | | | |