Fair Value | Fair Value Fair Value Measurement The fair value of financial instruments is categorized based on the priority of the inputs to the valuation technique and categorized into a three-level fair value hierarchy. The fair value hierarchy gives the highest priority to quoted prices in active markets for identical assets or liabilities (Level 1) and the lowest priority to unobservable inputs (Level 3). If the inputs used to measure the financial instruments fall within different levels of the hierarchy, the categorization is based on the lowest level input that is significant to the fair value measurement of the instrument. Financial assets and liabilities are recorded at fair value on the consolidated balance sheets and are categorized based on the inputs to the valuation techniques as follows: Level 1. Quoted prices for identical assets or liabilities in an active market. Level 2. Financial assets and liabilities whose values are based on the following: (a) Quoted prices for similar assets or liabilities in active markets. (b) Quoted prices for identical or similar assets or liabilities in non-active markets. (c) Pricing models whose inputs are observable for substantially the full term of the asset or liability. (d) Pricing models whose inputs are derived principally from or corroborated by observable market data for substantially the full term of the asset or liability. Level 3. Prices or valuation techniques based on inputs that are both unobservable and significant to the overall fair value measurement. Assets and Liabilities Measured at Fair Value on a Recurring Basis The following is a description of the valuation techniques used to measure fair value of assets and liabilities accounted for at fair value on a recurring basis and the general classification of these instruments pursuant to the fair value hierarchy. PE Investments The Company accounts for PE Investments at fair value which is determined based on a valuation model using assumptions for the timing and amount of expected future cash flow for income and realization events for the underlying assets in the funds and discount rate. This fair value measurement is generally based on unobservable inputs and, as such, is classified as Level 3 of the fair value hierarchy. The Company is not using the NAV (practical expedient) of the underlying funds for purposes of determining fair value. Investments in Unconsolidated Ventures The Company accounts for certain investments in unconsolidated ventures at fair value determined based on a valuation model using assumptions for the timing and amount of expected future cash flow for income and realization events for the underlying assets, discount rate and foreign currency exchange rates. Additionally, the Company accounts for a CRE debt investment made in connection with an investment in unconsolidated venture at fair value, which is determined based on comparing the current yield to the estimated yield for newly originated loans with similar credit risk. These fair value measurements are generally based on unobservable inputs and, as such, are classified as Level 3 of the fair value hierarchy. Real Estate Securities N-Star CDO Bonds The fair value of N-Star CDO bonds is determined using quotations from nationally recognized financial institutions that generally acted as underwriter for the transactions. These quotations are not adjusted and are generally based on a valuation model with observable inputs such as interest rate and other unobservable inputs for assumptions related to the timing and amount of expected future cash flow, discount rate, estimated prepayments and projected losses. The fair value of subordinate N-Star CDO bonds is determined using an internal price interpolated based on third-party prices of the more senior N-Star CDO bonds of the respective CDO. All N-Star CDO bonds are classified as Level 3 of the fair value hierarchy. N-Star CDO Equity The fair value of N-Star CDO equity is determined based on a valuation model using assumptions for the timing and amount of expected future cash flow for income and realization events for the underlying collateral of these CDOs and discount rate. This fair value measurement is generally based on unobservable inputs and, as such, is classified as Level 3 of the fair value hierarchy. Other CRE Securities Other CRE securities are generally valued using a third-party pricing service or broker quotations. These quotations are not adjusted and are based on observable inputs that can be validated, and as such, are classified as Level 2 of the fair value hierarchy. Certain CRE securities may be valued based on a single broker quote or an internal price which may have less observable pricing, and as such, would be classified as Level 3 of the fair value hierarchy. Management determines the prices are representative of fair value through a review of available data, including observable inputs, recent transactions as well as its knowledge of and experience in the market. Derivative Instruments Derivative instruments are valued using a third-party pricing service. These quotations are not adjusted and are generally based on valuation models with observable inputs such as interest rates and contractual cash flow, and as such, are classified as Level 2 of the fair value hierarchy. Derivative instruments are also assessed for credit valuation adjustments due to the risk of non-performance by the Company and derivative counterparties. If a credit valuation adjustment is applied to a derivative asset or liability, such fair value measurement is classified as Level 3 of the fair value hierarchy. For derivatives held in non-recourse CDO financing structures where, by design, the derivative contracts are senior to all the CDO bonds payable, there is no material impact of a credit valuation adjustment. CDO Bonds Payable CDO bonds payable are valued using quotations from nationally recognized financial institutions that generally acted as underwriter for the transactions. These quotations are not adjusted and are generally based on a valuation model with observable inputs such as interest rate and other unobservable inputs for assumptions related to the timing and amount of expected future cash flow, discount rate, estimated prepayments and projected losses. CDO bonds payable are classified as Level 3 of the fair value hierarchy. Junior Subordinated Notes Junior subordinated notes may be valued using quotations from nationally recognized financial institutions or an internal model. A quotation from a financial institution is not adjusted. The fair value is generally based on a valuation model with observable inputs such as interest rate and other unobservable inputs for assumptions related to the implied credit spread of the Company’s other borrowings and the timing and amount of expected future cash flow. Junior subordinated notes are classified as Level 3 of the fair value hierarchy. Financial assets and liabilities recorded at fair value on a recurring basis are classified in their entirety based on the lowest level of input that is significant to the fair value measurement. The following tables present financial assets and liabilities that were accounted for at fair value on a recurring basis as of September 30, 2016 and December 31, 2015 by level within the fair value hierarchy (dollars in thousands): September 30, 2016 Level 1 Level 2 Level 3 Total Assets: PE Investments $ — $ — $ 484,876 $ 484,876 Investments in unconsolidated ventures (1) — — 122,596 122,596 Real estate securities, available for sale: N-Star CDO bonds — — 120,267 120,267 N-Star CDO equity — — 31,886 31,886 CMBS and other securities — 8,603 13,208 21,811 CRE securities in N-Star CDOs CMBS — 242,337 44,084 286,421 Third-party CDO notes — — 6,330 6,330 Agency debentures — 45,819 — 45,819 Unsecured REIT debt — 8,763 — 8,763 Trust preferred securities — — 5,669 5,669 Subtotal CRE securities in N-Star CDOs — 296,919 56,083 353,002 Subtotal real estate securities, available for sale — 305,522 221,444 526,966 Derivative assets — 4 — 4 Total assets $ — $ 305,526 $ 828,916 $ 1,134,442 Liabilities: CDO bonds payable $ — $ — $ 257,877 $ 257,877 Junior subordinated notes — — 191,175 191,175 Derivative liabilities — 1,108 301,208 (2) 302,316 Total liabilities $ — $ 1,108 $ 750,260 $ 751,368 _____________________________________________________________________ (1) Includes a CRE debt investment made in connection with an investment in unconsolidated venture, for which the fair value option was elected. (2) Represents an interest rate swap in the corporate segment and includes a credit valuation adjustment. December 31, 2015 Level 1 Level 2 Level 3 Total Assets: PE Investments $ — $ — $ 1,101,650 $ 1,101,650 Investments in unconsolidated ventures (1) — — 120,392 120,392 Real estate securities, available for sale: N-Star CDO bonds — — 216,727 216,727 N-Star CDO equity — — 44,905 44,905 CMBS and other securities — 12,318 43,247 55,565 CRE securities in N-Star CDOs CMBS — 261,552 64,959 326,511 Third-party CDO notes — — 6,685 6,685 Agency debentures — 37,316 — 37,316 Unsecured REIT debt — 8,976 — 8,976 Trust preferred securities — — 5,425 5,425 Subtotal CRE securities in N-Star CDOs — 307,844 77,069 384,913 Subtotal real estate securities, available for sale — 320,162 381,948 702,110 Derivative assets — 116 — 116 Total assets $ — $ 320,278 $ 1,603,990 $ 1,924,268 Liabilities: CDO bonds payable $ — $ — $ 307,601 $ 307,601 Junior subordinated notes — — 183,893 183,893 Derivative liabilities — 7,385 95,908 (2) 103,293 Total liabilities $ — $ 7,385 $ 587,402 $ 594,787 _____________________________________________________________________ (1) Includes CRE debt investments made in connection with certain investments in unconsolidated ventures, for which the fair value option was elected. (2) Represents an interest rate swap in the corporate segment and includes a credit valuation adjustment. The following table presents the changes in fair value of financial assets and liabilities which are measured at fair value on a recurring basis using Level 3 inputs to determine fair value for the nine months ended September 30, 2016 (dollars in thousands): Assets Liabilities (3) PE Investments Investments in Unconsolidated Ventures (1) CRE Securities CDO Bonds Payable Junior Subordinated Notes January 1, 2016 $ 1,101,650 $ 120,392 $ 381,948 $ 307,601 $ 183,893 Transfers into Level 3 (2) — — 20,611 — — Transfers out of Level 3 (2) — — (11,029 ) — — Purchases / borrowings / amortization / contributions 3,892 48 32,711 — — Sales (503,593 ) — (53,886 ) — — Paydowns / distributions (187,039 ) (10,762 ) (42,217 ) (49,661 ) — Gains: Equity in earnings of unconsolidated ventures 79,248 21,276 — — — Unrealized gains included in earnings — — 14,110 (2,533 ) — Realized gains included in earnings — — 445 — — Unrealized gain on real estate securities, available for sale included in OCI — — 3,263 — — Losses: Unrealized losses included in earnings (8,202 ) (8,358 ) (17,504 ) 2,470 7,282 Realized losses included in earnings (1,080 ) — (23,877 ) — — Unrealized loss on real estate securities, available for sale included in OCI — — (83,131 ) — — September 30, 2016 $ 484,876 $ 122,596 $ 221,444 $ 257,877 $ 191,175 Gains (losses) included in earnings attributable to the change in unrealized gains (losses) relating to assets or liabilities still held $ (8,202 ) $ (8,358 ) $ (3,394 ) $ 63 $ (7,282 ) ____________________________________________________________ (1) Includes CRE debt investments made in connection with an investment in unconsolidated venture, for which the fair value option was elected. (2) Transfers between Level 2 and Level 3 represent a fair value measurement from a third-party pricing service or broker quotations that have become more or less observable during the period. Transfers are assumed to occur at the beginning of the year. (3) Excludes one derivative instrument, which for the nine months ended September 30, 2016 , an unrealized loss of $205.3 million was recorded. Such amount includes an unrealized loss of $10.9 million related to a credit valuation adjustment. The following table presents the changes in fair value of financial assets and liabilities which are measured at fair value on a recurring basis using Level 3 inputs to determine fair value for the year ended December 31, 2015 (dollars in thousands): Assets Liabilities (3) PE Investments Investments in Unconsolidated Ventures (1) CRE Securities CDO Bonds Payable Junior Subordinated Notes January 1, 2015 $ 962,038 $ 276,437 $ 481,576 $ 390,068 $ 215,172 Transfers into Level 3 (2) — — 24,170 — — Transfers out of Level 3 (2) — — (3,052 ) — — Purchases / borrowings / amortization / contributions 614,578 (4,053 ) 93,477 (25,531 ) — Sales — — (77,230 ) — — Paydowns / distributions (639,884 ) (125,285 ) (124,480 ) (90,070 ) — Gains: Equity in earnings of unconsolidated ventures 198,159 19,177 — — — Unrealized gains included in earnings — — 81,532 — (31,279 ) Realized gains included in earnings — — 22,418 — — Unrealized gain on real estate securities, available for sale included in OCI — — 1,213 — — Losses: Unrealized losses included in earnings (33,241 ) (45,884 ) (75,523 ) 29,275 — Realized losses included in earnings — — (5,886 ) 3,859 — Unrealized loss on real estate securities, available for sale included in OCI — — (36,267 ) — — December 31, 2015 $ 1,101,650 $ 120,392 $ 381,948 $ 307,601 $ 183,893 Gains (losses) included in earnings attributable to the change in unrealized gains (losses) relating to assets or liabilities still held $ (33,241 ) $ (45,884 ) $ 6,009 $ (29,275 ) $ 31,279 ____________________________________________________________ (1) Includes CRE debt investments made in connection with certain investments in unconsolidated ventures, for which the fair value option was elected. (2) Transfers between Level 2 and Level 3 represent a fair value measurement from a third-party pricing service or broker quotations that have become more or less observable during the period. Transfers are assumed to occur at the beginning of the year. (3) Excludes one derivative instrument, which for the year ended December 31, 2015 , an unrealized loss of $95.9 million was recorded. Such amount is net of an unrealized gain of $23.1 million related to a credit valuation adjustment. There were no transfers, other than those identified in the tables above, during the periods ended September 30, 2016 and December 31, 2015 . The Company relies on the third-party pricing exception with respect to the requirement to provide quantitative disclosures about significant Level 3 inputs being used to determine fair value measurements related to CRE securities (including N-Star CDO bonds), junior subordinated notes and CDO bonds payable. The Company believes such pricing service or broker quotation for such items may be based on a market transaction of comparable securities, inputs including forecasted market rates, contractual terms, observable discount rates for similar securities and credit (such as credit support and delinquency rates). For the nine months ended September 30, 2016 , quantitative information about the Company’s remaining Level 3 fair value measurements on a recurring basis are as follows (dollars in thousands): Fair Value Valuation Technique Key Unobservable Inputs (2) Weighted Average PE Investments $ 484,876 Discounted Cash Flow Model Discount Rate 12% Investments in unconsolidated ventures (1) $ 122,596 Discounted Cash Flow Model/Credit Spread Discount Rate/Credit Spread 25% N-Star CDO equity $ 31,886 Discounted Cash Flow Model Discount Rate 18% _________________________________________ (1) Includes CRE debt investments made in connection with an investment in unconsolidated venture, for which the fair value option was elected. (2) Includes timing and amount of expected future cash flow. Significant increases (decreases) in any one of the inputs described above in isolation may result in a significantly different fair value for the financial assets and liabilities using such Level 3 inputs. Assets and Liabilities Measured at Fair Value on a Non-recurring Basis Non-financial assets and liabilities measured at fair value on a non-recurring basis in the consolidated financial statements consist of real estate held for sale or assets for which an impairment has been recorded, such as goodwill. Such fair value measurements are generally considered to be Level 3 within the valuation hierarchy, where applicable, based on estimated sales price, adjusted for closing costs and expenses, determined by discounted cash flow analysis, direct capitalization analyses or a sales comparison approach if no contracts had been consummated. The discounted cash flow and direct capitalization analyses include all estimated cash inflows and outflows over a specific holding period and, where applicable, any estimated debt premiums. This cash flow is comprised of unobservable inputs which included forecasted rental revenues and expenses based upon existing in-place leases, market conditions and expectations for growth. Capitalization rate and discount rate used in these analyses are based upon observable rates that the Company believes to be within a reasonable range of current market rates for the respective properties. Valuations are prepared using internally-developed valuation models. These valuations are reviewed and approved, during each reporting period, by management, as deemed necessary, including personnel from the accounting, finance and operations and the valuations are updated as appropriate. In addition, the Company may engage third-party valuation experts to assist with the preparation of certain of its valuations. Refer to Note 3 for further disclosure regarding non-recurring fair value measurement of impairment on operating real estate. Fair Value Option The Company has historically elected to apply the fair value option for the following financial assets and liabilities existing at the time of adoption or at the time the Company recognizes the eligible item for the purpose of consistent accounting application: CRE securities financed in N-Star CDOs; CDO bonds payable; and junior subordinated notes. Given past market volatility the Company had observed that the impact of electing the fair value option would generally result in additional variability to the Company’s consolidated statements of operations which management believes is not a useful presentation for such financial assets and liabilities. Therefore, the Company more recently has not elected the fair value option for new investments in CRE securities and securitization financing transactions. The Company may elect the fair value option for certain of its financial assets or liabilities due to the nature of the instrument. In the case of PE Investments, certain investments in unconsolidated ventures (refer to Note 6) and N-Star CDO equity, the Company elected the fair value option because management believes it is a more useful presentation for such investments. The Company determined recording such investments based on the change in fair value of projected future cash flow from one period to another better represents the underlying economics of the respective investment. The following table presents the fair value of financial instruments for which the fair value option was elected as of September 30, 2016 and December 31, 2015 (dollars in thousands): September 30, 2016 December 31, 2015 Assets: PE Investments $ 484,876 $ 1,101,650 Investments in unconsolidated ventures (1) 122,596 120,392 Real estate securities, available for sale: (2) N-Star CDO equity 31,886 44,905 CMBS and other securities 15,967 48,711 CRE securities in N-Star CDOs CMBS 286,421 326,511 Third-party CDO notes 6,330 6,685 Agency debentures 45,819 37,316 Unsecured REIT debt 8,763 8,976 Trust preferred securities 5,669 5,425 Subtotal CRE securities in N-Star CDOs 353,002 384,913 Subtotal real estate securities, available for sale 400,855 478,529 Total assets $ 1,008,327 $ 1,700,571 Liabilities: CDO bonds payable $ 257,877 $ 307,601 Junior subordinated notes 191,175 183,893 Total liabilities $ 449,052 $ 491,494 ___________________________________________________________ (1) Includes CRE debt investments made in connection with certain investments in unconsolidated ventures, for which the fair value option was elected. (2) September 30, 2016 excludes 25 CRE securities including $120.3 million of N-Star CDO bonds and $5.8 million of CRE securities, for which the fair value option was not elected. December 31, 2015 excludes 28 CRE securities including $216.7 million of N-Star CDO bonds and $6.9 million of CRE securities, for which the fair value option was not elected. The Company attributes the change in the fair value of floating-rate liabilities to changes in instrument-specific credit spreads. For fixed-rate liabilities, the Company attributes the change in fair value to interest rate-related and instrument-specific credit spread changes. Change in Fair Value Recorded in the Statements of Operations The following table presents unrealized gains (losses) on investments and other related to the change in fair value of financial assets and liabilities in the consolidated statements of operations for the three and nine months ended September 30, 2016 and 2015 (dollars in thousands): Three Months Ended Nine Months Ended 2016 2015 2016 2015 Assets: Real estate securities, available for sale (1) $ (1,671 ) $ (8,805 ) $ (15,768 ) $ 13,252 PE Investments (1) 748 (9,148 ) (8,202 ) (22,497 ) Investments in unconsolidated ventures (1) 2,329 (30,446 ) (9,568 ) (39,789 ) Foreign currency remeasurement (2) (4,964 ) (6,609 ) (21,972 ) (6,099 ) Liabilities: CDO bonds payable (1) (922 ) (9,998 ) 63 (23,572 ) Junior subordinated notes (1) (6,916 ) 22,576 (7,282 ) 30,493 Subtotal unrealized gain (loss), excluding derivatives (11,396 ) (42,430 ) (62,729 ) (48,212 ) Derivatives (13,249 ) (86,890 ) (199,355 ) (114,037 ) Subtotal unrealized gain (loss) (24,645 ) (129,320 ) (262,084 ) (162,249 ) Net cash payments on derivatives (refer to Note 14) (2,003 ) (2,931 ) (6,968 ) (8,989 ) Total $ (26,648 ) $ (132,251 ) $ (269,052 ) $ (171,238 ) ____________________________________________________________ (1) Represents financial assets and liabilities for which the fair value option was elected. (2) Represents foreign currency remeasurement on investments, cash and deposits primarily denominated in British Pounds. Fair Value of Financial Instruments In addition to the above disclosures regarding financial assets or liabilities which are recorded at fair value, U.S. GAAP requires disclosure of fair value about all financial instruments. The following disclosure of estimated fair value of financial instruments was determined by the Company using available market information and appropriate valuation methodologies. Considerable judgment is necessary to interpret market data and develop estimated fair value. Accordingly, the estimates presented herein are not necessarily indicative of the amounts the Company could realize on disposition of the financial instruments. The use of different market assumptions and/or estimation methodologies may have a material effect on estimated fair value. The following table presents the principal amount, carrying value and fair value of certain financial assets and liabilities as of September 30, 2016 and December 31, 2015 ( dollars in thousands): September 30, 2016 December 31, 2015 Principal / Notional Amount Carrying Value Fair Value Principal / Notional Amount Carrying Value Fair Value Financial assets: (1) Real estate debt investments, net $ 404,718 $ 348,539 $ 349,084 $ 555,354 $ 501,474 $ 594,698 Real estate debt investments, held for sale — — — 225,037 224,677 224,677 Real estate securities, available for sale (2) 1,114,654 526,966 526,966 1,285,643 702,110 702,110 Derivative assets (2)(3) 4,113,600 4 4 4,173,872 116 116 Financial liabilities: (1) Mortgage and other notes payable $ 7,025,755 $ 6,922,027 $ 6,858,807 $ 7,297,081 $ 7,164,576 $ 7,175,374 Credit facilities and term borrowings 425,000 420,409 420,409 662,053 654,060 654,060 CDO bonds payable (2)(4) 386,830 257,877 257,877 436,491 307,601 307,601 Exchangeable senior notes 29,360 27,356 29,441 31,360 29,038 50,121 Junior subordinated notes (2)(4) 280,117 191,175 191,175 280,117 183,893 183,893 Derivative liabilities (2)(3) 2,113,781 302,316 302,316 2,225,750 103,293 103,293 Borrowings of properties held for sale 1,455,309 1,443,167 1,447,197 2,214,305 2,195,973 2,200,686 ____________________________________________________________ (1) The fair value of other financial instruments not included in this table is estimated to approximate their carrying value. (2) Refer to “Determination of Fair Value” above for disclosures of methodologies used to determine fair value. (3) Derivative assets and liabilities exclude timing swaps with an aggregate notional amount of $28.0 million as of September 30, 2016 and December 31, 2015 . (4) The fair value option has been elected for these liabilities. Disclosure about fair value of financial instruments is based on pertinent information available to management as of the reporting date. Although management is not aware of any factors that would significantly affect fair value, such amounts have not been comprehensively revalued for purposes of these consolidated financial statements since that date and current estimates of fair value may differ significantly from the amounts presented herein. Real Estate Debt Investments For CRE debt investments, fair value was approximated by comparing the current yield to the estimated yield for newly originated loans with similar credit risk or the market yield at which a third party might expect to purchase such investment. Fair value was determined assuming fully-extended maturities regardless of structural or economic tests required to achieve such extended maturities. For any CRE debt investments that are deemed impaired, carrying value approximates fair value. The fair value of CRE debt investments held for sale is determined based on the expected sales price. Fair value measurements related to CRE debt are generally based on unobservable inputs and, as such, are classified as Level 3 of the fair value hierarchy. Mortgage and Other Notes Payable For mortgage and other notes payable, the Company primarily uses rates currently available with similar terms and remaining maturities to estimate fair value. These measurements are determined using comparable U.S. Treasury rates as of the end of the reporting period or market credit spreads over the rate payable on fixed rate U.S. Treasury of like maturities. These fair value measurements are based on observable inputs, and as such, are classified as Level 2 of the fair value hierarchy. For the borrowings of properties held for sale, the Company uses available market information, which includes quoted market prices or recent transactions, if available, to estimate their fair value and are, therefore, based on observable inputs, and as such, are classified as Level 2 of the fair value hierarchy. Credit Facilities and Term Borrowings As of the reporting date, the Company believes the carrying value of its credit facilities and term borrowings approximate fair value. These fair value measurements are based on observable inputs, and as such, are classified as Level 2 of the fair value hierarchy. Exchangeable Senior Notes For the exchangeable senior notes, the Company uses available market information, which includes quoted market prices or recent transactions, if available, to estimate their fair value and are, therefore, based on observable inputs, and as such, are classified as Level 2 of the fair value hierarchy. |