Fair Value Measurements | Fair Value Measurements Under ASC 820, Fair Value Measurements and Disclosures (“ASC 820”), fair value is defined as the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date. The standard focuses on the exit price in the principal or most advantageous market for the asset or liability in an orderly transaction between market participants. GAAP establishes a fair value reporting hierarchy to maximize the use of observable inputs when measuring fair value and defines the three levels of inputs as noted below: • Level 1 — inputs to the valuation methodology are unadjusted quoted prices for identical assets or liabilities in active markets that are accessible at the measurement date. • Level 2 — inputs to the valuation methodology include quoted prices in markets that are not active or 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, reflecting the entity’s own assumptions about assumptions market participants would use in pricing the asset or liability. 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. Fair value is a market based measure considered from the perspective of a market participant who holds the asset or owes the liability rather than an entity specific measure. Therefore, even when market assumptions are not readily available, the Company’s own assumptions are set to reflect those that market participants would use in pricing the assets or liabilities at the measurement date. The Company uses valuation techniques that maximize the use of observable inputs and minimize the use of unobservable inputs. The Company also evaluates various factors to determine whether certain transactions are orderly and may make adjustments to transactions or quoted prices when the volume and level of activity for an asset or liability have decreased significantly. The above conditions could cause certain assets and liabilities to be reclassified from Level 1 to Level 2 or Level 3 or reclassified from Level 2 to Level 3. The inputs or methodology used for valuing the assets or liabilities are not necessarily an indication of the risk associated with the assets and liabilities. The following describes the methods used in estimating the fair values of certain financial statement items: For assets and liabilities measured at fair value in the unaudited condensed consolidated financial statements : Marketable securities — The fair value of investments in marketable securities is based on quoted market prices. VIE and other finance receivables and VIE long-term debt issued by securitization and permanent financing trusts, at fair value — The estimated fair value of VIE and other finance receivables and VIE long- term debt issued by securitization and permanent financing trusts is determined based on a discounted cash flow model using expected future collections discounted at a calculated rate as described below. For guaranteed structured settlements and annuities, the Company allocates the projected cash flows based on the waterfall of the securitization and permanent financing trusts (collectivity the “Trusts”). The waterfall includes fees to operate the Trusts (servicing fees, admin fees, etc.), note holder principal and note holder interest. Many of the Trusts have various tranches of debt that have varying subordinations in the waterfall calculation. Refer to Note 14 for additional information. The remaining cash flows, net of those obligations, are considered a residual interest which is projected to be paid to the Company as the retained interest holder. The projected finance receivable cash flows used to pay the obligations of the Trusts are discounted using a calculated rate derived from the fair value interest rates of the debt in the Trusts. The fair value interest rate of the debt is derived using a swap curve and applying a calculated spread that is based on either: (i) market indices that are highly correlated with the spreads from the Company’s previous securitizations or (ii) the Company's most recent securitization if it occurs within close proximity to the reporting date. The calculated spread is adjusted for the specific attributes of the debt in the Trusts, such as years to maturity and credit grade. The debt’s fair value interest rates are applied to the projected future cash payments paid on the principal and interest to derive the debt’s fair value. The debt’s fair value interest rates are blended using the debt’s principal balance to obtain a weighted average fair value interest rate which is used to determine the value of the finance receivables’ asset cash flows. In addition, the Company considers transformation cost and profit margin associated with its securitizations to derive the fair value of its finance receivables’ asset cash flows. The finance receivables’ residual cash flows remaining after the projected obligations of the Trusts are satisfied and are discounted using a separate yield based on an assumed rating of the residual tranche ( 8.03% and 5.97% as of September 30, 2015 and December 31, 2014 , respectively, with a weighted average life of 20 years as of both dates). The residual cash flows are adjusted for a loss assumption of 0.25% over the life of the finance receivables in its fair value calculation. Finance receivable cash flows, including the residual asset cash flows, are included in VIE and other finance receivables, at fair value in the Company’s condensed consolidated balance sheets. The associated debt’s projected future cash payments for principal and interest are included in VIE long-term debt issued by securitization and permanent financing trusts, at fair value. For finance receivables not yet securitized, the Company uses the calculated spreads based on market indices, while also considering transformation costs and profit margin to determine the fair value yield adjusting for expected losses and applying the residual yield for the cash flows the Company projects would make up the retained interest in a securitization. For the Company’s Life Contingent Structured Settlements (“LCSS”) receivables and long-term debt issued by its related permanent financing trusts, the blended weighted average discount rate of the LCSS receivables at the time of borrowing (which occurs frequently throughout the year) is used to determine the fair value of the receivables’ cash flows. The residual cash flows relating to the LCSS receivables are discounted using a separate yield based on the assumed rating of the residual tranche reflecting the life contingent feature of these receivables. Life settlement contracts, at fair value — The fair values of life settlement contracts are determined by reference to the transfer price of similar contracts under a discounted cash flow calculation that takes into account the net death benefit under the policy, estimated future premium payments and the life expectancy of the insured, as well as other qualitative factors regarding market participants’ assumptions. Life expectancy is determined on a policy-by-policy basis using the results of medical underwriting performed by independent agencies. VIE derivative liabilities, at fair value — The fair value of interest rate swaps is based on pricing models which consider current interest rates and the amount and timing of cash flows. Refer to Note 15 for additional information. Mortgage loans held for sale — The fair value of mortgage loans held for sale is calculated using observable market information including pricing from actual market transactions, investor commitment prices, or broker quotations. Mortgage servicing rights — The Company uses a discounted cash flow approach to estimate the fair value of MSRs incorporating assumptions management believes market participants would use in their determination of value. The assumptions used in the estimation of the fair value of MSRs include the contractual service fees, ancillary income and late fees, the cost of servicing, the discount rate, float rate, the inflation rate, prepayment speeds and default rates. Derivative financial instruments — The Company estimates the fair value of IRLCs based on the value of the underlying mortgage loan, quoted MBS prices and estimates of the fair value of the MSRs and the probability that the mortgage loan will close within the terms of the IRLCs. These “pull-through” rates are based on the Company’s historical data and reflect the Company’s best estimate of the likelihood that a commitment will ultimately result in a closed loan. The Company estimates fair value of forward sales commitments based on quoted prices. Assets and liabilities for which fair value is only disclosed : VIE and other finance receivables, net of allowance for losses — The fair value of structured settlement, annuity, and lottery receivables is estimated based on the present value of future expected cash flows using discount rates commensurate with the risks involved. The fair value of pre-settlement funding transactions and attorney cost financing is based on expected losses and historical loss experience associated with the respective receivables using management’s best estimates of the key assumptions regarding credit losses. Other receivables, net of allowance for losses — The estimated fair value of advances receivable and certain other receivables, which are generally recovered in less than three months , is equal to the carrying amount. The carrying value of other receivables which have expected recoverability of greater than three months , which consist primarily of a note receivable, are estimated based on the present value of future expected cash flows using management’s best estimate of certain key assumptions, including discount rates commensurate with the risks involved. Installment obligations payable — Installment obligations payable are reported at contract value determined based on changes in the measuring indices selected by the obligees under the terms of the obligations over the length of the obligation. The fair value of installment obligations payable is estimated to be equal to carrying value. Term loan payable — The estimated fair value of the term loan payable is based on recently executed transactions and market price quotations obtained from third-parties. Refer to Note 10 for additional information. VIE borrowings under revolving credit facilities and other similar borrowings — The estimated fair value of borrowings under revolving credit facilities and other similar borrowings is based on the borrowing rates currently available to the Company for debt with similar terms and remaining maturities. VIE long-term debt — The estimated fair value of VIE long-term debt is based on fair value borrowing rates available to the Company based on recently executed transactions with similar underlying collateral characteristics, reflecting the specific terms and conditions of the debt. Other borrowings under revolving credit facilities and similar borrowings — The estimated fair value of borrowings under revolving credit facilities and similar borrowings is based on the borrowing rates currently available to the Company for debt with similar terms and remaining maturities. The following table sets forth the Company’s assets and liabilities that are carried at fair value on the Company’s condensed consolidated balance sheets as of: Quoted Prices in Active Markets for Identical Assets Level 1 Significant Other Observable Inputs Level 2 Significant Unobservable Inputs Level 3 Total at Fair Value (In thousands) September 30, 2015: Assets Marketable Securities: Equity securities US large cap $ 31,469 $ — $ — $ 31,469 US mid cap 4,900 — — 4,900 US small cap 8,394 — — 8,394 International 16,007 — — 16,007 Other equity 767 — — 767 Total equity securities 61,537 — — 61,537 Fixed income securities: US fixed income 17,883 — — 17,883 International fixed income 1,303 — — 1,303 Other fixed income — — — — Total fixed income securities 19,186 — — 19,186 Other securities: Cash & cash equivalents 2,650 — — 2,650 Alternative investments 221 — — 221 Annuities 2,285 — — 2,285 Total other securities 5,156 — — 5,156 Total marketable securities 85,879 — — 85,879 VIE and other finance receivables, at fair value — — 4,555,127 4,555,127 Life settlements contracts, at fair value (1) — — — — Mortgage loans held for sale, at fair value — 130,189 — 130,189 Mortgage service rights, at fair value — — 28,186 28,186 Derivative assets, at fair value (1) — — 7,822 7,822 Total Assets $ 85,879 $ 130,189 $ 4,591,135 $ 4,807,203 Liabilities VIE long-term debt issued by securitization and permanent financing trusts, at fair value $ — $ — $ 4,074,210 $ 4,074,210 VIE derivative liabilities, at fair value — 74,687 — 74,687 Other derivative liabilities, at fair value (2) — 1,929 — 1,929 Total Liabilities $ — $ 76,616 $ 4,074,210 $ 4,150,826 (1) Included in other assets on the Company’s condensed consolidated balance sheet. (2) Included in other liabilities on the Company’s condensed consolidated balance sheet. Quoted Prices in Active Markets for Identical Assets Level 1 Significant Other Observable Inputs Level 2 Significant Unobservable Inputs Level 3 Total at Fair Value (In thousands) December 31, 2014 Assets Marketable Securities: Equity securities US large cap $ 41,246 $ — $ — $ 41,246 US mid cap 8,192 — — 8,192 US small cap 7,586 — — 7,586 International 14,123 — — 14,123 Other equity 1,051 — — 1,051 Total equity securities 72,198 — — 72,198 Fixed income securities: US fixed income 16,699 — — 16,699 International fixed income 3,526 — — 3,526 Other fixed income 27 — — 27 Total fixed income securities 20,252 — — 20,252 Other securities: Cash & cash equivalents 6,629 — — 6,629 Alternative investments 1,829 — — 1,829 Annuities 2,511 — — 2,511 Total other securities 10,969 — — 10,969 Total marketable securities 103,419 — — 103,419 VIE and other finance receivables, at fair value — — 4,523,835 4,523,835 Life settlements contracts, at fair value (1) — — — — Total Assets $ 103,419 $ — $ 4,523,835 $ 4,627,254 Liabilities VIE long-term debt issued by securitization and permanent financing trusts, at fair value $ — $ — $ 4,031,864 $ 4,031,864 VIE derivative liabilities, at fair value — 75,706 — 75,706 Total Liabilities $ — $ 75,706 $ 4,031,864 $ 4,107,570 (1) Included in other assets on the Company’s condensed consolidated balance sheet. The following table sets forth the Company’s quantitative information about its Level 3 fair value measurements as of: Fair Value Valuation Technique Significant Unobservable Inputs Range (Weighted Average) (Dollars in thousands) September 30, 2015 Assets VIE and other finance receivables, at fair value $ 4,555,127 Discounted cash flow Discount rate 2.58% - 12.42% (3.82%) Life settlement contracts, at fair value — Model actuarial pricing Life expectancy Discount rate 36 to 335 months (210) 18.00% (18.00%) Mortgage servicing rights, at fair value 28,186 Discounted cash flow Discount rate 9.50% - 14.00% (10.30%) Prepayment speed 8.50% - 22.00% (10.71%) Cost of servicing $65 - $90 ($75) Total Assets $ 4,583,313 Liabilities VIE long-term debt issued by securitization and permanent financing trusts, at fair value 4,074,210 Discounted cash flow Discount rate 0.92% - 12.42% (3.44%) Total Liabilities $ 4,074,210 Fair Value Valuation Technique Significant Unobservable Inputs Range (Weighted Average) (Dollars in thousands) December 31, 2014 Assets VIE and other finance receivables, at fair value $ 4,523,835 Discounted cash flow Discount rate 2.55% - 12.60% (3.43%) Life settlement contracts, at fair value — Model actuarial pricing Life expectancy Discount rate 45 to 344 months (219) 18.00% (18.00%) Total Assets $ 4,523,835 Liabilities VIE long-term debt issued by securitization and permanent financing trusts, at fair value 4,031,864 Discounted cash flow Discount rate 0.74% - 12.32% (3.16%) Total Liabilities $ 4,031,864 A significant unobservable input used in the fair value measurement of all of the Company’s assets and liabilities measured at fair value using unobservable inputs (Level 3) is the discount rate. Significant increases (decreases) in the discount rate used to estimate fair value in isolation would result in a significantly lower (higher) fair value measurement of the corresponding asset or liability. An additional significant unobservable input used in the fair value measurement of the mortgage servicing rights, at fair value, is prepayment speed. Significant increases (decreases) in the prepayment speed used to estimate the fair value of mortgage servicing rights in isolation would result in a significantly lower (higher) fair value measurement. The changes in assets measured at fair value using significant unobservable inputs (Level 3) during the nine months ended September 30, 2015 and 2014 were as follows: VIE and other finance receivables, at fair value Mortgage Servicing Rights Life settlement contracts, at fair value Notes receivable, at fair value Total (In thousands) Balance as of December 31, 2014 $ 4,523,835 $ — $ — $ — $ 4,523,835 Total gains (losses): Included in earnings / losses (5,320 ) 548 (13 ) — (4,785 ) Included in other comprehensive gain — — — — — Purchases of finance receivables 296,468 — — — 296,468 Life insurance premiums paid — — 13 — 13 Interest accreted 124,870 — — — 124,870 Payments received (384,726 ) — — — (384,726 ) MSR acquired in connection with the Home Lending acquisition — 27,638 — — 27,638 Transfers in and/or out of Level 3 — — — — — Balance as of September 30, 2015 $ 4,555,127 $ 28,186 $ — $ — $ 4,583,313 The amount of net gains (losses) for the period included in revenues attributable to the change in unrealized gains or losses relating to assets still held as of: September 30, 2015 $ (5,320 ) $ 548 $ (13 ) $ — $ (4,785 ) Balance as of December 31, 2013 $ 3,870,649 $ — $ — $ 5,610 $ 3,876,259 Total gains (losses): Included in earnings / losses 398,987 — (116 ) 2,098 400,969 Included in other comprehensive gain — — — (1,615 ) (1,615 ) Purchases of finance receivables 320,485 — — — 320,485 Life insurance premiums paid — — 116 — 116 Interest accreted 123,140 — — — 123,140 Payments received (356,803 ) — — (6,093 ) (362,896 ) Transfers in and/or out of Level 3 — — — — — Balance as of September 30, 2014 $ 4,356,458 $ — $ — $ — $ 4,356,458 The amount of net gains (losses) for the period included in revenues attributable to the change in unrealized gains or losses relating to assets still held as of: September 30, 2014 $ 398,987 $ — $ (116 ) $ — $ 398,871 The changes in liabilities measured at fair value using significant unobservable inputs (Level 3) during the nine months ended September 30, 2015 and 2014 were as follows: VIE long-term debt issued by securitizations and permanent financing trusts, at fair value (In thousands) Balance as of December 31, 2014 $ 4,031,864 Net (gains) losses: Included in earnings / losses (67,305 ) Issuances 380,417 Interest accreted (33,659 ) Repayments (237,107 ) Fair value adjustment — Transfers in and/or out of Level 3 — Balance as of September 30, 2015 $ 4,074,210 The amount of net (gains) losses for the period included in revenues attributable to the change in unrealized gains or losses relating to long-term debt still held as of: September 30, 2015 $ (66,712 ) Balance as of December 31, 2013 $ 3,431,283 Net (gains) losses: Included in earnings / losses 177,420 Issuances 473,782 Interest accreted (28,944 ) Repayments (216,685 ) Transfers in and/or out of Level 3 — Balance as of September 30, 2014 $ 3,836,856 The amount of net losses for the period included in revenues attributable to the change in unrealized gains or losses relating to long-term debt still held as of: September 30, 2014 $ 177,667 Realized and unrealized gains and losses included in revenues in the accompanying unaudited condensed consolidated statements of operations for the three and nine months ended September 30, 2015 and 2014 are reported in the following revenue categories: VIE and other finance receivables and long- term debt Mortgage servicing rights Life settlement contracts income (In thousands) Net gains (losses) included in revenues in the three months ended September 30, 2015 $ 13,952 $ 845 $ (3 ) Unrealized gains (losses) for the three months ended September 30, 2015 relating to assets and long-term debt still held as of September 30, 2015 $ 13,952 $ 548 $ (3 ) Net gains (losses) included in revenues in the nine months ended September 30, 2015 $ 61,985 $ 845 $ (13 ) Unrealized gains (losses) for the nine months ended September 30, 2015 relating to assets and long-term debt still held as of September 30, 2015 $ 61,392 $ 548 $ (13 ) Net gains (losses) included in revenues in the three months ended September 30, 2014 $ 59,467 $ — $ — Unrealized gains (losses) for the three months ended September 30, 2014 relating to assets and long-term debt still held as of September 30, 2014 $ 59,197 $ — $ — Net gains (losses) included in revenues in the nine months ended September 30, 2014 $ 221,567 $ — $ (116 ) Unrealized gains (losses) for the nine months ended September 30, 2014 relating to assets and long-term debt still held as of September 30, 2014 $ 221,320 $ — $ (116 ) The Company discloses fair value information about financial instruments, whether or not recognized at fair value in the Company’s condensed consolidated balance sheets, for which it is practicable to estimate that value. As such, the estimated fair values of the Company’s financial instruments are as follows: September 30, 2015 December 31, 2014 (In thousands) Estimated Fair Value Carrying Amount Estimated Fair Value Carrying Amount Financial assets: VIE and other finance receivables, at fair value $ 4,555,127 $ 4,555,127 $ 4,523,835 $ 4,523,835 VIE and other finance receivables, net of allowance for losses (1) 110,927 118,238 123,765 131,292 Other receivables, net of allowance for losses (1) 16,124 16,124 14,165 14,165 Mortgage loans held for sale, at fair value 130,189 130,189 — — Mortgage servicing rights, at fair value 28,186 28,186 — — Marketable securities 85,879 85,879 103,419 103,419 Derivative assets (2) 7,822 7,822 — — Financial liabilities: Term loan payable (1) 380,996 439,431 433,904 437,183 VIE derivative liabilities, at fair value 74,687 74,687 75,706 75,706 VIE borrowings under revolving credit facilities and other similar borrowings (1) 87,241 82,987 21,415 19,339 Other borrowings under revolving credit facilities and other similar borrowings 126,494 126,494 — — VIE long-term debt (1) 195,967 201,464 176,635 181,558 VIE long-term debt issued by securitization and permanent financing trusts, at fair value 4,074,210 4,074,210 4,031,864 4,031,864 Installment obligations payable (1) 85,879 85,879 103,419 103,419 Other derivative liabilities (3) 1,929 1,929 — — (1) These represent financial instruments that are recorded in the condensed consolidated balance sheets at cost. Such financial instruments would be classified as Level 3 within the fair value hierarchy. (2) Included in the other assets on the Company's condensed consolidated balance sheets. (3) Included in the other liabilities on the Company's condensed consolidated balance sheets. |