Fair Value of Financial Instruments | Fair Value of Financial Instruments The Company has established and documented processes for determining fair values. Fair value is based upon quoted market prices, where available. If listed prices or quotes are not available, then fair value is based upon internally developed models that primarily use inputs that are market-based or independently-sourced market parameters, including interest rate yield curves. A financial instrument’s categorization within the valuation hierarchy is based upon the lowest level of input that is significant to the fair value measurement. The three levels of valuation hierarchy are defined as follows: Level 1 - inputs to the valuation methodology are quoted prices (unadjusted) for identical assets or liabilities in active markets. Level 2 - inputs to the valuation methodology include quoted prices for similar assets and liabilities in active markets, and inputs that are observable for the asset or liability, either directly or indirectly, for substantially the full term of the financial instrument. Level 3 - inputs to the valuation methodology are unobservable and significant to the fair value measurement. The following describes the valuation methodologies used for the Company’s financial instruments measured at fair value, as well as the general classification of such instruments pursuant to the valuation hierarchy. a. Investment Securities, Available for Sale – The Company determines the fair value of the investment securities in our portfolio, except the CMBS held in re-securitization trusts, using a third-party pricing service or quoted prices provided by dealers who make markets in similar financial instruments. Dealer valuations typically incorporate common market pricing methods, including a spread measurement to the Treasury curve or interest rate swap curve as well as underlying characteristics of the particular security including coupon, periodic and life caps, collateral type, rate reset period and seasoning or age of the security. If quoted prices for a security are not reasonably available from a dealer, the security will be classified as a Level 3 security and, as a result, management will determine fair value by modeling the security based on its specific characteristics and available market information. The Company’s investment securities, except the CMBS held in re-securitization trusts, are valued based upon readily observable market parameters and are classified as Level 2 fair values. The Company’s CMBS held in re-securitization trusts at December 31, 2018 were comprised of first loss POs and certain IOs for which there were not substantially similar securities that traded frequently. The Company classified these securities as Level 3 fair values. Fair value of the Company’s CMBS investments held in re-securitization trusts was based on an internal valuation model that considered expected cash flows from the underlying loans and yields required by market participants. The significant unobservable inputs used in the measurement of these investments were projected losses of certain identified loans within the pool of loans and a discount rate. The discount rate used in determining fair value incorporated default rate, loss severity and current market interest rates. The discount rate ranged from 4.5% to 9.5% as of December 31, 2018 . Significant increases or decreases in these inputs would result in a significantly lower or higher fair value measurement. b. Multi - Family Loans and Residential Mortgage Loans Held in Securitization Trusts, at fair value – Multi-family and residential mortgage loans held in securitization trusts are carried at fair value and classified as Level 3 fair values. In accordance with the practical expedient in ASC 810, the Company determines the fair value of multi-family and residential mortgage loans held in securitization trusts based on the fair value of its Multi-Family CDOs and SLST CDOs and its retained interests from these securitizations (eliminated in consolidation in accordance with GAAP), as the fair value of these instruments is more observable. c. Residential Mortgage Loans – Certain of the Company’s acquired distressed and other residential mortgage loans are recorded at fair value and classified as Level 3 in the fair value hierarchy. The fair value for distressed and other residential mortgage loans is determined using valuations obtained from a third party that specializes in providing valuations of residential mortgage loans. The valuation approach depends on whether the residential mortgage loan is considered performing, re-performing or non-performing at the date the valuation is performed. For performing and re-performing loans, estimates of fair value are derived using a discounted cash flow model, where estimates of cash flows are determined from scheduled payments for each loan, adjusted using forecast prepayment rates, default rates and rates for loss upon default. For non-performing loans, asset liquidation cash flows are derived based on the estimated time to liquidate the loan, expected liquidation costs and home price appreciation. The discount rate used in determining fair value for distressed and other residential mortgage loans ranges from 3.8% to 16.1% . d. Derivative Instruments – The Company’s derivative instruments are classified as Level 2 fair values and are measured using valuations reported by the clearing house, CME Clearing, through which these instruments were cleared. The derivatives are presented net of variation margin payments pledged or received. e. Investments in Unconsolidated Entities – Fair value for investments in unconsolidated entities is determined either by a valuation model using assumptions for the timing and amount of expected future cash flow for income and realization events for the underlying assets and a discount rate or the valuation process for residential mortgage loans as described in c . above. These fair value measurements are generally based on unobservable inputs and, as such, are classified as Level 3 in the fair value hierarchy. f. Multi-Family and Residential Collateral Debt Obligations, at fair value – Multi-Family CDOs and SLST CDOs are classified as Level 3 fair values. The fair value of Multi-Family CDOs and SLST CDOs is determined using a third-party pricing service or are based on quoted prices provided by dealers who make markets in similar financial instruments. The dealers will consider contractual cash payments and yields expected by market participants. Dealers also incorporate common market pricing methods, including a spread measurement to the Treasury curve or interest rate swap curve as well as underlying characteristics of the particular security including coupon, periodic and life caps, collateral type, rate reset period and seasoning or age of the security. Management reviews all prices used in determining fair value to ensure they represent current market conditions. This review includes surveying similar market transactions and comparisons to interest pricing models as well as offerings of like securities by dealers. Any changes to the valuation methodology are reviewed by management to ensure the changes are appropriate. As markets and products develop and the pricing for certain products becomes more transparent, the Company continues to refine its valuation methodologies. The methods described above may produce a fair value calculation that may not be indicative of net realizable value or reflective of future fair values. Furthermore, while the Company believes its valuation methods are appropriate and consistent with other market participants, the use of different methodologies, or assumptions, to determine the fair value of certain financial instruments could result in a different estimate of fair value at the reporting date. The Company uses inputs that are current as of each reporting date, which may include periods of market dislocation, during which time price transparency may be reduced. This condition could cause the Company’s financial instruments to be reclassified from Level 2 to Level 3 in future periods. The following table presents the Company’s financial instruments measured at fair value on a recurring basis as of December 31, 2019 and 2018 , respectively, on the Company’s consolidated balance sheets (dollar amounts in thousands): Measured at Fair Value on a Recurring Basis at December 31, 2019 December 31, 2018 Level 1 Level 2 Level 3 Total Level 1 Level 2 Level 3 Total Assets carried at fair value Investment securities available for sale, at fair value: Agency RMBS $ — $ 922,877 $ — $ 922,877 $ — $ 1,037,730 $ — $ 1,037,730 Agency CMBS — 50,958 — 50,958 — — — — Non-Agency RMBS — 715,314 — 715,314 — 214,037 — 214,037 CMBS — 267,777 — 267,777 — 207,785 52,700 260,485 ABS — 49,214 — 49,214 — — — — Multi-family loans held in securitization trusts, at fair value — — 17,816,746 17,816,746 — — 11,679,847 11,679,847 Residential mortgage loans held in securitization trust, at fair value — — 1,328,886 1,328,886 — — — — Distressed and other residential mortgage loans, at fair value — — 1,429,754 1,429,754 — — 737,523 737,523 Derivative Assets: Interest rate swaps (1) — 15,878 — 15,878 — 10,263 — 10,263 Investments in unconsolidated entities — — 83,882 83,882 — — 32,994 32,994 $ — $ 2,022,018 $ 20,659,268 $ 22,681,286 $ — $ 1,469,815 $ 12,503,064 $ 13,972,879 Liabilities carried at fair value Multi-family collateralized debt obligations, at fair value $ — $ — $ 16,724,451 $ 16,724,451 $ — $ — $ 11,022,248 $ 11,022,248 Residential collateralized debt obligations, at fair value — — 1,052,829 1,052,829 — — — — Total $ — $ — $ 17,777,280 $ 17,777,280 $ — $ — $ 11,022,248 $ 11,022,248 (1) All of the Company’s interest rate swaps outstanding are cleared through a central clearing house. The Company exchanges variation margin for swaps based upon daily changes in fair value. Includes derivative liabilities of $29.0 million netted against a variation margin of $44.8 million at December 31, 2019 . Includes derivative assets of $1.8 million and variation margin of $8.5 million at December 31, 2018 . The following tables detail changes in valuation for the Level 3 assets for the years ended December 31, 2019 , 2018 , and 2017 , respectively (dollar amounts in thousands): Level 3 Assets: Year Ended December 31, 2019 Multi-family loans held in securitization trusts Distressed and other residential mortgage loans Investments in unconsolidated entities CMBS held in re-securitization trusts Residential mortgage loans held in securitization trust Total Balance at beginning of period $ 11,679,847 $ 737,523 $ 32,994 $ 52,700 $ — $ 12,503,064 Total gains/(losses) (realized/unrealized) Included in earnings 533,094 55,459 15,100 17,734 (445 ) 620,942 Included in other comprehensive income (loss) — — — (13,665 ) — (13,665 ) Transfers out (1) — (913 ) — — — (913 ) Contributions — — 50,000 — — 50,000 Paydowns/Distributions (992,912 ) (171,909 ) (14,212 ) — (3,729 ) (1,182,762 ) Charge-off (3,257 ) — — — — (3,257 ) Sales — (19,814 ) — (56,769 ) — (76,583 ) Purchases (2) 6,599,974 829,408 — — 1,333,060 8,762,442 Balance at the end of period $ 17,816,746 $ 1,429,754 $ 83,882 $ — $ 1,328,886 $ 20,659,268 (1) Transfers out of Level 3 assets include the transfer of residential mortgage loans to real estate owned during the year ended December 31, 2019 . (2) During the year ended December 31, 2019 , the Company purchased first loss PO securities, and certain IOs and senior or mezzanine CMBS securities issued from securitizations that it determined to consolidate and include in the Consolidated K-Series. Also during the year ended December 31, 2019 , the Company purchased first loss subordinated securities, IOs and senior RMBS securities issued from a securitization that it determined to consolidate as Consolidated SLST. As a result, the Company consolidated assets of the respective securitizations ( see Notes 2 and 6 ). Year Ended December 31, 2018 Multi-family loans held in securitization trusts Distressed and other residential mortgage loans Investments in unconsolidated entities CMBS held in re-securitization trusts Total Balance at beginning of period $ 9,657,421 $ 87,153 $ 42,823 $ 47,922 $ 9,835,319 Total (losses)/gains (realized/unrealized) Included in earnings (134,298 ) 3,913 9,075 3,980 (117,330 ) Included in other comprehensive income (loss) — — — 798 798 Transfers out (1) — (56 ) — — (56 ) Paydowns/Distributions (137,820 ) (24,064 ) (18,904 ) — (180,788 ) Sales — (18,173 ) — — (18,173 ) Purchases (2) 2,294,544 688,750 — — 2,983,294 Balance at the end of period $ 11,679,847 $ 737,523 $ 32,994 $ 52,700 $ 12,503,064 (1) Transfers out of Level 3 assets include the transfer of residential loans to real estate owned during the year ended December 31, 2018 . (2) During the year ended December 31, 2018 , the Company purchased first loss PO securities and certain IOs and mezzanine CMBS securities issued from securitizations that it determined to consolidate and included in the Consolidated K-Series. As a result, the Company consolidated assets of these securitizations ( see Notes 2 and 6 ). Year Ended December 31, 2017 Multi-family loans held in securitization trusts Distressed and other residential mortgage loans Investments in unconsolidated entities CMBS held in re-securitization trusts Total Balance at beginning of period $ 6,939,844 $ 17,769 $ 60,332 $ 43,897 $ 7,061,842 Total (losses)/gains (realized/unrealized) Included in earnings (31,784 ) 135 10,385 3,423 (17,841 ) Included in other comprehensive income (loss) — — — 602 602 Contributions — — 2,500 — 2,500 Paydowns/Distributions (137,164 ) (8,479 ) (30,394 ) — (176,037 ) Sales — (7,224 ) — — (7,224 ) Purchases (1) 2,886,525 84,952 — — 2,971,477 Balance at the end of period $ 9,657,421 $ 87,153 $ 42,823 $ 47,922 $ 9,835,319 (1) During the year ended December 31, 2017 , the Company purchased first loss PO securities and certain IOs and mezzanine CMBS securities issued from securitizations that it determined to consolidate and included in the Consolidated K-Series. As a result, the Company consolidated assets of these securitizations ( see Notes 2 and 6 ). The following tables detail changes in valuation for the Level 3 liabilities for the years ended December 31, 2019 , 2018 and 2017 , respectively (dollar amounts in thousands): Level 3 Liabilities: Year Ended December 31, 2019 Multi-Family CDOs SLST CDOs Total Balance at beginning of period $ 11,022,248 $ — $ 11,022,248 Total losses (realized/unrealized) Included in earnings 443,796 27 443,823 Purchases (1) 6,253,739 1,055,720 7,309,459 Paydowns (992,075 ) (2,918 ) (994,993 ) Charge-off (3,257 ) — (3,257 ) Balance at the end of period $ 16,724,451 $ 1,052,829 $ 17,777,280 (1) During the year ended December 31, 2019 , the Company purchased first loss PO securities and certain IOs and senior or mezzanine CMBS securities issued from securitizations that it determined to consolidate and include in the Consolidated K-Series. Also during the year ended December 31, 2019 , the Company purchased first loss subordinated securities, IOs and senior RMBS securities issued from a securitization that it determined to consolidate as Consolidated SLST. As a result, the Company consolidated liabilities of the respective securitizations ( see Notes 2 and 6 ). Year Ended December 31, 2018 Multi-Family CDOs Balance at beginning of period $ 9,189,459 Total losses (realized/unrealized) Included in earnings (211,738 ) Purchases (1) 2,182,330 Paydowns (137,803 ) Balance at the end of period $ 11,022,248 (1) During the year ended December 31, 2018 , the Company purchased first loss PO securities and certain IOs and mezzanine CMBS securities issued from securitizations that it determined to consolidate and include in the Consolidated K-Series. As a result, the Company consolidated liabilities of these securitizations ( see Notes 2 and 6 ). Year Ended December 31, 2017 Multi-Family CDOs Balance at beginning of period $ 6,624,896 Total losses (realized/unrealized) Included in earnings (82,650 ) Purchases (1) 2,784,377 Paydowns (137,164 ) Balance at the end of period $ 9,189,459 (1) During the year ended December 31, 2017 , the Company purchased first loss PO securities and certain IOs and mezzanine CMBS securities issued from securitizations that it determined to consolidate and include in the Consolidated K-Series. As a result, the Company consolidated liabilities of these securitizations ( see Notes 2 and 6 ). The following table details the changes in unrealized gains (losses) included in earnings for the years ended December 31, 2019 , 2018 and 2017 , respectively, for our Level 3 assets and liabilities held as of December 31, 2019 , 2018 and 2017 , respectively (dollar amounts in thousands): Years Ended December 31, 2019 2018 2017 Assets Multi-family loans held in securitization trusts, at fair value (1) $ 586,993 $ (85,115 ) $ 10,021 Residential mortgage loans held in securitization trust, at fair value (1) 300 — — Distressed and other residential mortgage loans, at fair value (1) 44,470 4,333 — Investments in unconsolidated entities (2) 5,374 6,091 3,686 Liabilities Multi-family collateralized debt obligations, at fair value (1) $ (563,031 ) $ 122,696 $ 8,851 Residential collateralized debt obligations, at fair value (1) (383 ) — — (1) Presented in unrealized gains (losses), net on the Company’s consolidated statements of operations. (2) Presented in other income on the Company’s consolidated statements of operations. The following table presents assets measured at fair value on a non-recurring basis as of December 31, 2019 and 2018 , respectively, on the Company’s consolidated balance sheets (dollar amounts in thousands): Assets Measured at Fair Value on a Non-Recurring Basis at December 31, 2019 December 31, 2018 Level 1 Level 2 Level 3 Total Level 1 Level 2 Level 3 Total Residential mortgage loans held in securitization trusts – impaired loans, net $ — $ — $ 5,256 $ 5,256 $ — $ — $ 5,921 $ 5,921 The following table presents gains (losses) incurred for assets measured at fair value on a non-recurring basis for the years ended December 31, 2019 , 2018 and 2017 , respectively, on the Company’s consolidated statements of operations (dollar amounts in thousands): Years Ended December 31, 2019 2018 2017 Residential mortgage loans held in securitization trusts – impaired loans, net $ (24 ) $ (165 ) $ (472 ) Real estate owned held in residential securitization trusts — — (6 ) Residential Mortgage Loans Held in Securitization Trusts – Impaired Loans, net – Impaired residential mortgage loans held in securitization trusts are recorded at amortized cost less specific loan loss reserves. Impaired loan value is based on management’s estimate of the net realizable value taking into consideration local market conditions of the property, updated appraisal values of the property and estimated expenses required to remediate the impaired loan. Real Estate Owned Held in Residential Securitization Trusts – Real estate owned held in the residential securitization trusts were recorded at net realizable value. Any subsequent adjustment resulted in the reduction in carrying value with the corresponding amount charged to earnings. Net realizable value was based on an estimate of disposal taking into consideration local market conditions of the property, updated appraisal values of the property and estimated expenses required to sell the property. The following table presents the carrying value and estimated fair value of the Company’s financial instruments at December 31, 2019 and 2018 , respectively (dollar amounts in thousands): December 31, 2019 December 31, 2018 Fair Value Hierarchy Level Carrying Value Estimated Fair Value Carrying Value Estimated Fair Value Financial Assets: Cash and cash equivalents Level 1 $ 118,763 $ 118,763 $ 103,724 $ 103,724 Investment securities, available for sale Level 2 or 3 2,006,140 2,006,140 1,512,252 1,512,252 Distressed and other residential mortgage loans, at fair value Level 3 1,429,754 1,429,754 737,523 737,523 Distressed and other residential mortgage loans, net Level 3 202,756 208,471 285,261 289,376 Investments in unconsolidated entities Level 3 189,965 191,359 73,466 73,833 Preferred equity and mezzanine loan investments Level 3 180,045 182,465 165,555 167,739 Multi-family loans held in securitization trusts, at fair value Level 3 17,816,746 17,816,746 11,679,847 11,679,847 Residential mortgage loans held in securitization trust, at fair value Level 3 1,328,886 1,328,886 — — Derivative assets Level 2 15,878 15,878 10,263 10,263 Mortgage loans held for sale, net (1) Level 3 2,406 2,482 3,414 3,584 Mortgage loans held for investment (1) Level 3 — — 1,580 1,580 Financial Liabilities: Repurchase agreements Level 2 3,105,416 3,105,416 2,131,505 2,131,505 Residential collateralized debt obligations Level 3 40,429 38,888 53,040 50,031 Multi-family collateralized debt obligations, at fair value Level 3 16,724,451 16,724,451 11,022,248 11,022,248 Residential collateralized debt obligations, at fair value Level 3 1,052,829 1,052,829 — — Securitized debt Level 3 — — 42,335 45,030 Subordinated debentures Level 3 45,000 41,592 45,000 44,897 Convertible notes Level 2 132,955 140,865 130,762 135,689 (1) Included in receivables and other assets in the accompanying consolidated balance sheets. In addition to the methodology to determine the fair value of the Company’s financial assets and liabilities reported at fair value on a recurring basis and non-recurring basis, as previously described, the following methods and assumptions were used by the Company in arriving at the fair value of the Company’s other financial instruments in the table immediately above: a. Cash and cash equivalents – Estimated fair value approximates the carrying value of such assets. b. Distressed and other residential mortgage loans, net and Mortgage loans held for sale, net – The fair value is determined using valuations obtained from a third party that specializes in providing valuations of residential mortgage loans. For performing and re-performing loans, estimates of fair value are derived using a discounted cash flow model, where estimates of cash flows are determined from scheduled payments for each loan, adjusted using forecast prepayment rates, default rates and rates for loss upon default. For non-performing loans, asset liquidation cash flows are derived based on the estimated time to liquidate the loan, expected liquidation costs and home price appreciation. c. Preferred equity and mezzanine loan investments – Estimated fair value is determined by both market comparable pricing and discounted cash flows. The discounted cash flows are based on the underlying contractual cash flows and estimated changes in market yields. The fair value also reflects consideration of changes in credit risk since the origination or time of initial investment. d. Repurchase agreements – The fair value of these repurchase agreements approximates cost as they are short term in nature. e. Residential collateralized debt obligations – The fair value of these CDOs is based on discounted cash flows as well as market pricing on comparable obligations. f. Securitized debt – The fair value of securitized debt was based on discounted cash flows using management’s estimate for market yields at December 31, 2018 . There was no securitized debt outstanding at December 31, 2019 . g. Subordinated debentures – The fair value of these subordinated debentures is based on discounted cash flows using management’s estimate for market yields. h. Convertible notes – The fair value is based on quoted prices provided by dealers who make markets in similar financial instruments. |