Loans and Allowance for Credit Losses | Note 5. Loans and Allowance for Credit Losses The Bank makes loans to customers primarily in the Washington, D.C. metropolitan area and surrounding communities. A substantial portion of the Bank’s loan portfolio consists of loans to businesses secured by real estate and other business assets. Loans, net of unamortized net deferred fees, at September 30, 2020 (unaudited) and December 31, 2019 are summarized by type as follows: September 30, 2020 December 31, 2019 (dollars in thousands) Amount % Amount % Commercial $ 1,524,613 19 % $ 1,545,906 20 % PPP loans 456,115 6 % — — Income producing - commercial real estate 3,724,839 47 % 3,702,747 50 % Owner occupied - commercial real estate 997,645 13 % 985,409 13 % Real estate mortgage - residential 82,385 1 % 104,221 1 % Construction - commercial and residential 879,144 11 % 1,035,754 14 % Construction - C&I (owner occupied) 140,357 2 % 89,490 1 % Home equity 72,648 1 % 80,061 1 % Other consumer 2,509 — 2,160 — Total loans 7,880,255 100 % 7,545,748 100 % Less: allowance for credit losses (110,215) (73,658) Net loans (1) $ 7,770,040 $ 7,472,090 ________________________________________ (1) Excludes accrued interest receivable of $43.7 million and $21.3 million at September 30, 2020 and December 31, 2019, respectively, which is recorded in other assets. Unamortized net deferred fees amounted to $33.0 million and $25.2 million at September 30, 2020 and December 31, 2019, respectively. As of September 30, 2020 and December 31, 2019, the Bank serviced $94 million and $99 million, respectively, of multifamily FHA loans, SBA loans and other loan participations that are not reflected as loan balances on the Consolidated Balance Sheets. Loan Origination / Risk Management The Company’s goal is to mitigate risks in the event of unforeseen threats to the loan portfolio as a result of economic downturn or other negative influences. Plans for mitigating inherent risks in managing loan assets include: carefully enforcing loan policies and procedures, evaluating each borrower’s business plan during the underwriting process and throughout the loan term, identifying and monitoring primary and alternative sources for loan repayment, and obtaining collateral to mitigate economic loss in the event of liquidation. Specific loan reserves are established based upon credit and/or collateral risks on an individual loan basis. A risk rating system is employed to proactively estimate loss exposure and provide a measuring system for setting general and specific reserve allocations. The composition of the Company’s loan portfolio is heavily weighted toward commercial real estate, both owner occupied and income producing real estate. At September 30, 2020, owner occupied - commercial real estate and construction – C&I (owner occupied) represent approximately 14% of the loan portfolio. At September 30, 2020, non-owner occupied commercial real estate and real estate construction represented approximately 58% of the loan portfolio. The combined owner occupied and commercial real estate and construction loans represent approximately 73% of the loan portfolio. Real estate also serves as collateral for loans made for other purposes, resulting in 79% of all loans being secured by real estate. These loans are underwritten to mitigate lending risks typical of this type of loan such as declines in real estate values, changes in borrower cash flow and general economic conditions. The Bank typically requires a maximum loan to value of 80% and minimum cash flow debt service coverage of 1.15 to 1.0. Personal guarantees may be required, but may be limited. In making real estate commercial mortgage loans, the Bank generally requires that interest rates adjust not less frequently than five years. The Company is also an active traditional commercial lender providing loans for a variety of purposes, including working capital, equipment and account receivable financing. This loan category represents approximately 19% of the loan portfolio at September 30, 2020 and was generally variable or adjustable rate. Commercial loans meet reasonable underwriting standards, including appropriate collateral and cash flow necessary to support debt service. Personal guarantees are generally required, but may be limited. SBA loans represent approximately 1% of the commercial loan category. In originating SBA loans, the Company assumes the risk of non-payment on the unguaranteed portion of the credit as well as potential recourse to the SBA guarantees. The Company generally sells the guaranteed portion of the loan generating noninterest income from the gains on sale, as well as servicing income on the portion participated. SBA loans are subject to the same cash flow analyses as other commercial loans. SBA loans are subject to a maximum loan size established by the SBA as well as internal loan size guidelines. Approximately 6% of the loan portfolio at September 30, 2020 consists of PPP loans to eligible customers. PPP loans are expected to primarily be repaid via forgiveness provisions (under the CARES Act) from the SBA. These loans are fully guaranteed as to principal and interest by the SBA and ultimately by the full faith and credit of the U.S. Government; as a result, they were approved utilizing different underwriting standards than the Bank's other commercial loans. PPP loans are included in the CECL model but do not carry an allowance for credit loss due to the aforementioned government guarantees. Approximately 1% of the loan portfolio at September 30, 2020 consists of home equity loans and lines of credit and other consumer loans. These credits, while making up a small portion of the loan portfolio, demand the same emphasis on underwriting and credit evaluation as other types of loans advanced by the Bank. Approximately 1% of the loan portfolio consists of residential mortgage loans. The repricing duration of these loans was 17 months at September 30, 2020. These credits represent first liens on residential property loans originated by the Bank. While the Bank’s general practice is to originate and sell (servicing released) loans made by its Residential Lending department, from time to time certain loan characteristics do not meet the requirements of third party investors and these loans are instead maintained in the Bank’s portfolio until they are resold to another investor at a later date or mature. Loans are secured primarily by duly recorded first deeds of trust or mortgages. In some cases, the Bank may accept a recorded junior trust position. In general, borrowers will have a proven ability to build, lease, manage and/or sell a commercial or residential project and demonstrate satisfactory financial condition. Additionally, an equity contribution toward the project is customarily required. Construction loans require that the financial condition and experience of the general contractor and major subcontractors be satisfactory to the Bank. Guaranteed, fixed price contracts are required whenever appropriate, along with payment and performance bonds or completion bonds for larger scale projects. Loans intended for residential land acquisition, lot development and construction are made on the premise that the land: 1) is or will be developed for building sites for residential structures, and 2) will ultimately be utilized for construction or improvement of residential zoned real properties, including the creation of housing. Residential development and construction loans will finance projects such as single family subdivisions, planned unit developments, townhouses, and condominiums. Residential land acquisition, development and construction loans generally are underwritten with a maximum term of 36 months, including extensions approved at origination. Commercial land acquisition and construction loans are secured by real property where loan funds will be used to acquire land and to construct or improve appropriately zoned real property for the creation of income producing or owner user commercial properties. Borrowers are generally required to put equity into each project at levels determined by the appropriate Loan Committee. Commercial land acquisition and construction loans generally are underwritten with a maximum term of 24 months. Substantially all construction draw requests must be presented in writing on American Institute of Architects documents and certified either by the contractor, the borrower and/or the borrower’s architect. Each draw request shall also include the borrower’s soft cost breakdown certified by the borrower or their Chief Financial Officer. Prior to an advance, the Bank or its contractor inspects the project to determine that the work has been completed, to justify the draw requisition. Commercial permanent loans are generally secured by improved real property which is generating income in the normal course of operation. Debt service coverage, assuming stabilized occupancy, must be satisfactory to support a permanent loan. The debt service coverage ratio is ordinarily at least 1.15 to 1.0. As part of the underwriting process, debt service coverage ratios are stress tested assuming a 200 basis point increase in interest rates from their current levels. Commercial permanent loans generally are underwritten with a term not greater than 10 years or the remaining useful life of the property, whichever is lower. The preferred term is between 5 to 7 years, with amortization to a maximum of 25 years. The Company’s loan portfolio includes acquisition, development and construction (“ADC”) real estate loans including both investment and owner occupied projects. ADC loans amounted to $1.4 billion at September 30, 2020. A portion of the ADC portfolio, both speculative and non-speculative, includes loan funded interest reserves at origination. ADC loans that provide for the use of interest reserves represent approximately 58% of the outstanding ADC loan portfolio at September 30, 2020. The decision to establish a loan-funded interest reserve is made upon origination of the ADC loan and is based upon a number of factors considered during underwriting of the credit including: (1) the feasibility of the project; (2) the experience of the sponsor; (3) the creditworthiness of the borrower and guarantors; (4) the borrower equity contribution; and (5) the level of collateral protection. When appropriate, an interest reserve provides an effective means of addressing the cash flow characteristics of a properly underwritten ADC loan. The Company recognizes that one of the risks inherent in the use of interest reserves is the potential masking of underlying problems with the project and/or the borrower’s ability to repay the loan. In order to mitigate these inherent risks, the Company employs a series of reporting and monitoring mechanisms on all ADC loans, whether or not an interest reserve is provided, including: (1) construction and development timelines which are monitored on an ongoing basis which track the progress of a given project to the timeline projected at origination; (2) a construction loan administration department independent of the lending function; (3) third party independent construction loan inspection reports; (4) monthly interest reserve monitoring reports detailing the balance of the interest reserves approved at origination and the days of interest carry represented by the reserve balances as compared to the then current anticipated time to completion and/or sale of speculative projects; and (5) quarterly commercial real estate construction meetings among senior Company management, which includes monitoring of current and projected real estate market conditions. If a project has not performed as expected, it is not the customary practice of the Company to increase loan funded interest reserves. The following tables detail activity in the allowance for credit losses by portfolio segment for the three and nine months ended September 30, 2020 and 2019. PPP loans are excluded from these tables since they do not carry an allowance for credit loss, as these loans are fully guaranteed as to principal and interest by the SBA, whose guarantee is backed by the full faith and credit of the U.S. Government. Allocation of a portion of the allowance to one category of loans does not restrict the use of the allowance to absorb losses in other categories. Income Producing - Owner Occupied - Real Estate Construction - Commercial Commercial Mortgage - Commercial and Home Other (dollars in thousands) Commercial Real Estate Real Estate Residential Residential Equity Consumer Total Three Months Ended September 30, 2020 Allowance for credit losses: Balance at beginning of period $ 28,078 $ 51,863 $ 12,341 $ 1,550 $ 13,808 $ 1,112 $ 44 $ 108,796 Loans charged-off (187) (3,750) (20) — (1,179) (92) — (5,228) Recoveries of loans previously charged-off 45 — — — — — 13 58 Net loans charged-off (142) (3,750) (20) — (1,179) (92) 13 (5,170) Provision for credit losses (712) 7,327 769 321 (1,088) (13) (15) 6,589 Ending balance $ 27,224 $ 55,440 $ 13,090 $ 1,871 $ 11,541 $ 1,007 $ 42 $ 110,215 Nine Months Ended September 30, 2020 Allowance for credit losses: Balance at beginning of period, prior to adoption of ASC 326 $ 18,832 $ 29,265 $ 5,838 $ 1,557 $ 17,485 $ 656 $ 25 $ 73,658 Impact of adopting ASC 326 892 11,230 4,674 (301) (6,143) 245 17 10,614 Loans charged-off (7,332) (4,300) (20) — (2,947) (92) — (14,691) Recoveries of loans previously charged-off 116 — — — — — 20 136 Net loans (charged-off) recoveries (7,216) (4,300) (20) — (2,947) (92) 20 (14,555) Provision for credit losses 14,716 19,245 2,598 615 3,146 198 (20) 40,498 Ending balance $ 27,224 $ 55,440 $ 13,090 $ 1,871 $ 11,541 $ 1,007 $ 42 $ 110,215 As of September 30, 2020 Allowance for credit losses: Individually evaluated for impairment $ 9,593 $ 5,999 $ 670 $ 1,148 $ 204 $ — $ 3 $ 17,617 Collectively evaluated for impairment 17,631 49,441 12,420 723 11,337 1,007 39 92,598 Ending balance $ 27,224 $ 55,440 $ 13,090 $ 1,871 $ 11,541 $ 1,007 $ 42 $ 110,215 Three Months Ended September 30, 2019 Allowance for credit losses: Balance at beginning of period $ 18,136 $ 27,010 $ 5,756 $ 1,355 $ 19,006 $ 581 $ 242 $ 72,086 Loans charged-off (1,794) — — — — — (1,794) Recoveries of loans previously charged-off 210 — — 15 — 17 242 Net loans charged-off (1,584) — — — 15 — 17 (1,552) Provision for credit losses 1,617 1,517 (158) (3) 251 (6) (32) 3,186 Ending balance $ 18,169 $ 28,527 $ 5,598 $ 1,352 $ 19,272 $ 575 $ 227 $ 73,720 Nine Months Ended September 30, 2019 Allowance for credit losses: Balance at beginning of period $ 15,857 $ 28,034 $ 6,242 $ 965 $ 18,175 $ 599 $ 72 $ 69,944 Loans charged-off (1,799) (5,343) — — — — (2) (7,144) Recoveries of loans previously charged-off 377 302 2 3 52 — 38 774 Net loans (charged-off) recoveries (1,422) (5,041) 2 3 52 — 36 (6,370) Provision for credit losses 3,734 5,534 (646) 384 1,045 (24) 119 10,146 Ending balance $ 18,169 $ 28,527 $ 5,598 $ 1,352 $ 19,272 $ 575 $ 227 $ 73,720 As of September 30, 2019 Allowance for credit losses: Individually evaluated for impairment $ 8,196 $ 1,200 $ 375 $ 650 $ — $ 13 $ — $ 10,434 Collectively evaluated for impairment 9,973 27,327 5,223 702 19,272 562 227 63,286 Ending balance $ 18,169 $ 28,527 $ 5,598 $ 1,352 $ 19,272 $ 575 $ 227 $ 73,720 During the first quarter of 2020, we adopted ASU 2016-13, which replaced the incurred loss methodology for determining our provision for credit losses and allowance for credit losses with an expected loss methodology that is referred to as the CECL model. Upon adoption, the allowance for credit losses was increased by $14.7 million, which included a $4.1 million increase to the allowance for unfunded commitments, with no impact to the consolidated Statement of Income, as the charges were recorded directly to Retained Earnings (net of taxes). We recorded a $6.6 million and $40.7 million provision for credit losses for the three and nine months ended September 30, 2020, respectively, under CECL. We recorded $5.2 million and $14.6 million in net charge-offs during the three and nine months ended September 30, 2020, respectively, compared to $1.6 million and $6.4 million during the three and nine months ended September 30, 2019, respectively. A loan is considered collateral-dependent when the borrower is experiencing financial difficulty and repayment is expected to be provided substantially through the operation or sale of the collateral. The following table presents the amortized cost basis of collateral-dependent loans by class of loans as of September 30, 2020: (dollars in thousands) Business/Other Assets Real Estate Commercial $ 14,075 $ 2,948 Income producing - commercial real estate 3,193 26,063 Owner occupied - commercial real estate — 14,215 Real estate mortgage - residential — 5,335 Construction - commercial and residential — 2,274 Home equity — 109 Other consumer 8 — Total $ 17,276 $ 50,944 Credit Quality Indicators The Company uses several credit quality indicators to manage credit risk in an ongoing manner. The Company’s primary credit quality indicators are to use an internal credit risk rating system that categorizes loans into pass, watch, special mention, or classified categories. Credit risk ratings are applied individually to those classes of loans that have significant or unique credit characteristics that benefit from a case-by-case evaluation. These are typically loans to businesses or individuals in the classes which comprise the commercial portfolio segment. Groups of loans that are underwritten and structured using standardized criteria and characteristics, such as statistical models (e.g., credit scoring or payment performance), are typically risk rated and monitored collectively. These are typically loans to individuals in the classes which comprise the consumer portfolio segment. The following are the definitions of the Company’s credit quality indicators: Pass: Loans in all classes that comprise the commercial and consumer portfolio segments that are not adversely rated, are contractually current as to principal and interest, and are otherwise in compliance with the contractual terms of the loan agreement. Management believes that there is a low likelihood of loss related to those loans that are considered pass. Watch: Loan paying as agreed with generally acceptable asset quality; however the obligor’s performance has not met expectations. Balance sheet and/or income statement has shown deterioration to the point that the obligor could not sustain any further setbacks. Credit is expected to be strengthened through improved obligor performance and/or additional collateral within a reasonable period of time. Special Mention: Loans in the classes that comprise the commercial portfolio segment that have potential weaknesses that deserve management’s close attention. If not addressed, these potential weaknesses may result in deterioration of the repayment prospects for the loan. The special mention credit quality indicator is not used for classes of loans that comprise the consumer portfolio segment. Management believes that there is a moderate likelihood of some loss related to those loans that are considered special mention. Classified: Classified (a) Substandard – Loans inadequately protected by the current sound worth and paying capacity of the obligor or of the collateral pledged, if any. Loans so classified have a well-defined weakness or weaknesses that jeopardize the liquidation of the debt. They are characterized by the distinct possibility that the company will sustain some loss if the deficiencies are not corrected. Loss potential, while existing in the aggregate amount of substandard loans, does not have to exist in individual loans classified substandard. Classified (b) Doubtful – Loans that have all the weaknesses inherent in a loan classified substandard, with the added characteristic that the weaknesses make collection or liquidation in full, on the basis of currently existing facts, conditions, and values, highly questionable and improbable. The possibility of loss is extremely high, but because of certain important and reasonably specific pending factors, which may work to the advantage and strengthening of the assets, its classification as an estimated loss is deferred until its more exact status may be determined. Based on the most recent analysis performed, the risk category of loans by class of loans and year of origination is as follows: September 30, 2020 (dollars in thousands) Prior 2016 2017 2018 2019 2020 Total Commercial Pass 375,848 124,678 306,487 249,287 193,594 155,505 1,405,399 Watch 32,430 3,125 32,399 9,478 3,674 — 81,106 Special Mention 1,302 — — 451 — — 1,753 Substandard 16,915 4,766 2,046 12,421 207 — 36,355 Total 426,495 132,569 340,932 271,637 197,475 155,505 1,524,613 PPP loans Pass — — — — — 456,115 456,115 Total — — — — — 456,115 456,115 Income producing - commercial real estate Pass 756,002 402,690 421,428 685,804 705,972 377,721 3,349,617 Watch 150,215 15,480 74,168 53,616 4,640 — 298,119 Special Mention 203 — — — 47,644 — 47,847 Substandard 13,375 800 4,656 4,883 5,542 — 29,256 Total 919,795 418,970 500,252 744,303 763,798 377,721 3,724,839 Owner occupied - commercial real estate Pass 344,863 105,381 115,144 139,991 74,286 29,169 808,834 Watch 50,018 2,038 2,645 95,171 24,761 — 174,633 Substandard 9,584 764 — 355 3,475 — 14,178 Total 404,465 108,183 117,789 235,517 102,522 29,169 997,645 Real estate mortgage - residential Pass 18,121 3,410 10,377 14,593 23,100 6,837 76,438 Watch 612 — — — — — 612 Substandard 1,181 4,154 — — — — 5,335 Total 19,914 7,564 10,377 14,593 23,100 6,837 82,385 Construction - commercial and residential Pass 32,535 65,703 286,922 314,061 104,335 46,832 850,388 Watch 853 — 25,629 — — — 26,482 Substandard — 1,866 408 — — — 2,274 Total 33,388 67,569 312,959 314,061 104,335 46,832 879,144 Construction - C&I (owner occupied) Pass 11,162 10,577 6,501 29,963 18,761 43,997 120,961 Watch 787 — 2,121 3,251 13,237 — 19,396 Total 11,949 10,577 8,622 33,214 31,998 43,997 140,357 Home Equity Pass 38,049 4,970 8,274 8,314 4,369 6,918 70,894 Watch 1,401 — — — — — 1,401 Substandard 304 — — — 49 — 353 Total 39,754 4,970 8,274 8,314 4,418 6,918 72,648 Other Consumer Pass 2,039 169 108 50 100 33 2,499 Substandard 10 — — — — — 10 Total 2,049 169 108 50 100 33 2,509 Total Recorded Investment $ 1,857,809 $ 750,571 $ 1,299,313 $ 1,621,689 $ 1,227,746 $ 1,123,127 $ 7,880,255 The Company’s credit quality indicators are generally updated annually; however, credits rated watch or below are reviewed more frequently. The following table presents by class and by credit quality indicator, the recorded investment in the Company’s loans and leases as of December 31, 2019: Total (dollars in thousands) Pass Watch Special Mention Substandard Doubtful Loans December 31, 2019 Commercial $ 1,470,636 $ 38,522 $ 11,460 $ 25,288 $ — $ 1,545,906 Income producing - commercial real estate 3,667,585 16,069 — 19,093 — 3,702,747 Owner occupied - commercial real estate 925,800 53,146 — 6,463 — 985,409 Real estate mortgage - residential 98,228 628 — 5,365 — 104,221 Construction - commercial and residential 1,113,734 — — 11,510 — 1,125,244 Home equity 78,626 948 — 487 — 80,061 Other consumer 2,160 — — — — 2,160 Total $ 7,356,769 $ 109,313 $ 11,460 $ 68,206 $ — $ 7,545,748 Nonaccrual and Past Due Loans As part of its comprehensive loan review process, the Loan Committee or Credit Review Committee carefully evaluate loans which are past-due 30 days or more. The Committees make a thorough assessment of the conditions and circumstances surrounding each delinquent loan. The Bank’s loan policy requires that loans be placed on nonaccrual if they are ninety days past-due, unless they are well secured and in the process of collection. Additionally, Credit Administration specifically analyzes the status of development and construction projects, sales activities and utilization of interest reserves in order to carefully and prudently assess potential increased levels of risk requiring additional reserves. The following table presents, by class of loan, an aging analysis and the recorded investments in loans past due as of September 30, 2020 (unaudited) and December 31, 2019: Loans Loans Loans Total Recorded Current 30-59 Days 60-89 Days 90 Days or Total Past Investment in (dollars in thousands) Loans Past Due Past Due More Past Due Due Loans Non-Accrual Loans September 30, 2020 Commercial $ 1,494,038 $ 4,585 $ 10,154 $ — $ 14,739 $ 15,836 $ 1,524,613 PPP loans 456,115 — — — — — 456,115 Income producing - commercial real estate 3,696,949 — 7,822 — 7,822 20,068 3,724,839 Owner occupied - commercial real estate 983,021 — 446 — 446 14,178 997,645 Real estate mortgage - residential 76,798 — — — — 5,587 82,385 Construction - commercial and residential 876,361 — 509 — 509 2,274 879,144 Construction - C&I (owner occupied) 138,837 1,520 — — 1,520 — 140,357 Home equity 71,837 656 46 — 702 109 72,648 Other consumer 2,492 9 — — 9 8 2,509 Total $ 7,796,448 $ 6,770 $ 18,977 $ — $ 25,747 $ 58,060 $ 7,880,255 December 31, 2019 Commercial $ 1,527,134 $ 3,063 $ 781 $ — $ 3,844 $ 14,928 $ 1,545,906 Income producing - commercial real estate 3,687,494 — 5,542 — 5,542 9,711 3,702,747 Owner occupied - commercial real estate 965,938 13,008 — — 13,008 6,463 985,409 Real estate mortgage – residential 95,057 3,533 — — 3,533 5,631 104,221 Construction - commercial and residential 1,113,735 — — — — 11,509 1,125,244 Home equity 79,246 136 192 — 328 487 80,061 Other consumer 2,151 — 9 — 9 — 2,160 Total $ 7,470,755 $ 19,740 $ 6,524 $ — $ 26,264 $ 48,729 $ 7,545,748 The following presents the nonaccrual loans as of September 30, 2020 (unaudited) and December 31, 2019: September 30, 2020 December 31, 2019 Nonaccrual with Nonaccrual with Total Total No Allowance an Allowance Nonaccrual Nonaccrual (dollars in thousands) for Credit Loss for Credit Loss Loans Loans Commercial 572 15,262 15,834 14,928 PPP loans — — — — Income producing - commercial real estate 6,690 13,379 20,069 9,711 Owner occupied - commercial real estate 12,627 1,551 14,178 6,463 Real estate mortgage - residential 1,434 4,154 5,588 5,631 Construction - commercial and residential 1,866 408 2,274 11,509 Home equity 109 — 109 487 Other consumer 5 3 8 — Total (1)(2) $ 23,303 $ 34,757 $ 58,060 $ 48,729 ________________________________________ (1) Excludes TDRs that were performing under their restructured terms totaling $10.1 at September 30, 2020 and $16.6 million at December 31, 2019. (2) Gross interest income of $2.6 million and $2.7 million would have been recorded for the nine months ended September 30, 2020 and 2019, respectively, if nonaccrual loans shown above had been current and in accordance with their original terms, while the interest actually recorded on such loans was $282 thousand and $598 thousand for the nine months ended September 30, 2020 and 2019, respectively. See Note 1 to the Consolidated Financial Statements for a description of the Company’s policy for placing loans on nonaccrual status. Pre Adoption of CECL Loans were considered impaired when, based on current information and events, it was probable the Company would be unable to collect all amounts due in accordance with the original contractual terms of the loan agreement, including scheduled principal and interest payments. If a loan was impaired, a specific valuation allowance was allocated, if necessary, so that the loan was reported at the present value of estimated future cash flows using the loan’s existing rate or at the fair value of collateral if repayment was expected solely from the collateral. The Bank’s loan policy requires that loans be placed on nonaccrual if they are ninety days past-due, unless they are well secured and in the process of collection. Impaired loans, or portions thereof, were charged-off when deemed uncollectible. The following table presents, by class of loan, information related to impaired loans at December 31, 2019: Unpaid Recorded Recorded Average Recorded Interest Income Contractual Investment Investment Total Investment Recognized Principal With No With Recorded Related Year Year (dollars in thousands) Balance Allowance Allowance Investment Allowance to Date To Date December 31, 2019 Commercial $ 15,814 $ 11,858 $ 3,956 $ 15,814 $ 5,714 $ 15,682 $ 270 Income producing - commercial real estate 14,093 2,713 11,380 14,093 2,145 18,133 382 Owner occupied - commercial real estate 7,349 6,388 961 7,349 415 6,107 197 Real estate mortgage - residential 5,631 3,175 2,456 5,631 650 5,638 — Construction - commercial and residential 11,509 11,101 408 11,509 100 8,211 92 Home equity 487 — 487 487 100 487 — Other consumer — — — — — — — Total $ 54,883 $ 35,235 $ 19,648 $ 54,883 $ 9,124 $ 54,258 $ 941 Modifications A modification of a loan constitutes a TDR when the borrower is experiencing financial difficulty and the modification constitutes a concession. The Company offers various types of concessions when modifying a loan. Commercial and industrial loans modified in a TDR often involve temporary interest-only payments, term extensions, and converting revolving credit lines to term loans. Additional collateral, a co-borrower, or a guarantor is often requested. The most common change in terms provided by the Company is an extension of an interest-only term. As of September 30, 2020, all performing TDRs were categorized as interest-only modifications . Loans modified in a TDR for the Company may have the financial effect of increasing the specific allowance associated with the loan. An allowance for impaired consumer and commercial loans that have been modified in a TDR is measured based on the present value of expected future cash flows discounted at the loan’s effective interest rate, the loan’s observable market price, or the estimated fair value of the collateral, less any selling costs, if the loan is collateral dependent. Management exercises significant judgment in developing these estimates. In response to the COVID-19 pandemic and its economic impact to our customers, we implemented a short-term modification program that complies with the CARES Act and ASC 310-40 to provide temporary payment relief to those borrowers directly impacted by COVID-19 who were not more than 30 days past due as of December 31, 2019. This program allows for a deferral of payments for 90 days, which we extended for an additional 90 days, for a maximum of 180 days on a cumulative and successive basis. The deferred payments along with interest accrued during the deferral period are due and payable on the maturity date. As of September 30, 2020, we granted ongoing temporary modifications on approximately 321 loans representing approximately $851 million (10.8% of total loans) in outstanding exposure. Additionally, none of the deferrals are reflected in the Company's asset quality measures (i.e. non-performing loans) due to the provision of the CARES Act that permits U.S. financial institutions to temporarily suspend the GAAP requirements to treat such short-term loan modifications as TDR. Similar provisions have also been confirmed by interagency guidance issued by the federal banking agencies and confirmed with staff members of the Financial Accounting Standards Board. The following table presents by class, the recorded investment of loans modified in TDRs held by the Company for the periods ended September 30, 2020 and 2019. Nine Months Ended September 30, 2020 Income Owner Number Producing - Occupied - Construction - of Commercial Commercial Commercial (dollars in thousands) Contracts Commercial Real Estate Real Estate Real Estate Total Troubled debt restructurings Restructured accruing 7 $ 1,297 $ 9,188 $ 37 $ — $ 10,522 Restructured nonaccruing 4 138 6,342 2,370 — 8,850 Total 11 $ 1,435 $ 15,530 $ 2,407 $ — $ 19,372 Specific allowance $ 227 $ 629 $ — $ — $ 856 Restructured and subsequently defaulted $ 138 $ 11,161 $ 2,370 $ — $ 13,669 Nine Months Ended September 30, 2019 Income Owner Number Producing - Occupied - Construction - of Commercial Commercial Commercial (dollars in thousands) Contracts Commercial Real Estate Real Estate Real Estate Total Troubled debt restructurings Restructured accruing 7 $ 898 $ 4,387 $ 3,283 $ — $ 8,568 Restructured nonaccruing 3 1,521 — — — 1,521 Total 10 $ 2,419 $ 4,387 $ 3,283 $ — $ 10,089 Specific allowance $ — $ 1,000 $ — $ — $ 1,000 Restructured and subsequently defaulted $ — $ 2,300 $ — $ — $ 2,300 The Company had eleven TDRs at September 30, 2020 totaling approximately $19.4 million. Seven of these loans totaling approximately $10.5 million are performing under their modified terms. For the first nine months |