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. U.S. 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 Company uses various valuation techniques and assumptions in estimating fair value. The assumptions used to estimate the value of the Company’s assets and liabilities have varying degrees of impact to the overall fair value. This process involves the gathering of multiple sources of information, including broker quotes, values provided by pricing services, market indices and pricing matrices. When observable market prices for the asset or liability are not available, the Company employs various modeling techniques, such as discounted cash flow analysis, to estimate the fair value of the Company’s assets and liabilities. For certain assets and liabilities, the Company developed internal models which are validated and calibrated regularly by management with assistance from third parties, as appropriate. Any models used to determine fair values, including the inputs and the assumptions therein, are reviewed as part of the Company’s model validation process. 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 condensed consolidated financial statements : Marketable securities, at fair value — The fair value of investments in marketable securities is based on quoted market prices. VIE and other finance receivables, at fair value, and VIE long-term debt issued by securitization and permanent financing trusts, at fair value — The estimated fair value of VIE finance receivables, at fair value, other finance receivables, at fair value, and VIE long-term debt issued by securitization and permanent financing trusts, at fair value, is determined based on a discounted cash flow model using expected future collections and payments 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, administrative 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 and asset sales or (ii) the Company's most recent securitization or asset sale 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 costs 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 are discounted using a separate calculated yield ( 10.36% and 8.30% as of September 30, 2016 and December 31, 2015 , 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. In connection with the refinancing of our Residual Term Facility, the Company issued $207.5 million in notes collateralized by the residual asset cash flows and elected the fair value option, as permitted by ASC 825, Financial Instruments ("ASC 825"). Refer to Notes13 and 14 for additional information. 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. There are no material differences in valuation techniques and inputs used to develop the Company’s fair value measurements for finance receivables not securitized and those that are securitized. 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. Mortgage loans held for sale, at fair value — 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, at fair value — The Company uses a discounted cash flow approach to estimate the fair value of MSRs incorporating assumptions management believes market participants would use in determining the fair value. The assumptions used in the estimation of the fair value of MSRs include contractual service fees, ancillary income and late fees, the cost of servicing, the discount rate, the float rate, the inflation rate, prepayment speeds and default rates. Interest rate lock commitments, at fair value — The Company estimates the fair value of interest rate lock commitments ("IRLCs") based on the value of the underlying mortgage loan, quoted mortgage backed securities ("MBS") prices and estimates of the fair value of the MSRs and the probability, commonly referred to as the "pull-through" rates, 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. 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. Forward sale commitments, at fair value — The fair value of forward sale commitments is based on pricing models which consider current interest rates and the amount and timing of cash flows. Assets and liabilities for which fair value is only disclosed in the notes to the condensed consolidated financial statements : VIE and other finance receivables, net of allowances 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 estimate of the key assumptions regarding credit losses. Other receivables, net of allowances 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. 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. 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 for debt with similar terms and remaining maturities. Other borrowings under revolving credit facilities and other similar borrowings — The estimated fair value of borrowings under revolving credit facilities and similar borrowings is based on the borrowing rates 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. 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 obligations. The fair value of installment obligations payable is estimated to be equal to the carrying value. 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, 2016: Assets Marketable Securities: Equity securities US large cap $ 29,123 $ — $ — $ 29,123 US mid cap 4,994 — — 4,994 US small cap 6,467 — — 6,467 International 10,998 — — 10,998 Other equity 3,078 — — 3,078 Total equity securities 54,660 — — 54,660 Fixed income securities US fixed income 16,779 — — 16,779 International fixed income 1,048 — — 1,048 Other fixed income — — — — Total fixed income securities 17,827 — — 17,827 Other securities Cash & cash equivalents 4,105 — — 4,105 Alternative investments 913 — — 913 Annuities 2,274 — — 2,274 Total other securities 7,292 — — 7,292 Total marketable securities, at fair value 79,779 — — 79,779 VIE and other finance receivables, at fair value — — 4,228,982 4,228,982 Mortgage loans held for sale, at fair value — 308,490 — 308,490 Mortgage servicing rights, at fair value — — 32,607 32,607 Interest rate lock commitments, at fair value (1) — — 13,346 13,346 Total Assets $ 79,779 $ 308,490 $ 4,274,935 $ 4,663,204 Liabilities VIE derivative liabilities, at fair value $ — $ 69,764 $ — $ 69,764 VIE long-term debt issued by securitization and permanent financing trusts, at fair value — — 4,045,633 4,045,633 Forward sale commitments, at fair value (2) — 1,920 — 1,920 Total Liabilities $ — $ 71,684 $ 4,045,633 $ 4,117,317 (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, 2015 Assets Marketable Securities: Equity securities US large cap $ 28,670 $ — $ — $ 28,670 US mid cap 5,213 — — 5,213 US small cap 5,477 — — 5,477 International 14,068 — — 14,068 Other equity 3,308 — — 3,308 Total equity securities 56,736 — — 56,736 Fixed income securities US fixed income 16,945 — — 16,945 International fixed income 1,217 — — 1,217 Other fixed income — — — — Total fixed income securities 18,162 — — 18,162 Other securities Cash & cash equivalents 7,634 — — 7,634 Alternative investments 161 — — 161 Annuities 2,301 — — 2,301 Total other securities 10,096 — — 10,096 Total marketable securities, at fair value 84,994 — — 84,994 VIE and other finance receivables, at fair value — — 4,386,147 4,386,147 Mortgage loans held for sale, at fair value — 124,508 — 124,508 Mortgage servicing rights, at fair value — — 29,287 29,287 Interest rate lock commitments, at fair value (1) — — 4,934 4,934 Total Assets $ 84,994 $ 124,508 $ 4,420,368 $ 4,629,870 Liabilities VIE derivative liabilities, at fair value $ — $ 66,519 $ — $ 66,519 VIE long-term debt issued by securitization and permanent financing trusts, at fair value — — 3,928,818 3,928,818 Forward sale commitments, at fair value (2) — 147 — 147 Total Liabilities $ — $ 66,666 $ 3,928,818 $ 3,995,484 (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. 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 Input Range (Weighted Average) (In thousands) September 30, 2016 Assets VIE and other finance receivables, at fair value $ 4,228,982 Discounted cash flow Discount rate 2.72% - 11.90% (3.93%) Mortgage servicing rights, at fair value 32,607 Discounted cash flow Discount rate 9.50% - 14.07% (10.15%) Prepayment speed 6.80% - 31.22% (10.81%) Cost of servicing $65 - $90 ($73) Interest rate lock commitments, at fair value 13,346 Internal model Pull-through rate 32.88% - 91.52% (61.69%) Total Assets $ 4,274,935 Liabilities VIE long-term debt issued by securitization and permanent financing trusts, at fair value $ 4,045,633 Discounted cash flow Discount rate 1.48% - 11.70% (3.84%) Total Liabilities $ 4,045,633 December 31, 2015 Assets VIE and other finance receivables, at fair value $ 4,386,147 Discounted cash flow Discount rate 3.33% - 12.30% (4.47%) Mortgage servicing rights, at fair value 29,287 Discounted cash flow Discount rate 9.54% - 14.06% (10.27%) Prepayment speed 8.24% - 20.56% (9.06%) Cost of servicing $65 - $90 ($75) Interest rate lock commitments, at fair value 4,934 Internal model Pull-through rate 37.44% - 100.00% (74.91%) Total Assets $ 4,420,368 Liabilities VIE long-term debt issued by securitization and permanent financing trusts, at fair value $ 3,928,818 Discounted cash flow Discount rate 1.69% - 12.30% (4.13%) Total Liabilities $ 3,928,818 A significant unobservable input used in the fair value measurement of most 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 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. Significant increases (decreases) in the cost of servicing used to estimate the fair value of mortgage servicing rights in isolation would result in a significantly lower (higher) fair value measurement. Significant increases (decreases) in the pull-through rate used to estimate the fair value of IRLCs in isolation would result in a significantly higher (lower) fair value measurement. The changes in assets measured at fair value using significant unobservable inputs (Level 3) during the nine months ended September 30, 2016 and 2015 were as follows: VIE and other finance receivables, at fair value Mortgage servicing rights, at fair value Interest rate lock commitments, at fair value Total (In thousands) Balance as of December 31, 2015 $ 4,386,147 $ 29,287 $ 4,934 $ 4,420,368 Total included in earnings (losses): 0 Unrealized gains 92,880 3,320 13,346 109,546 Realized gain on sale of finance receivable 69,597 — — 69,597 Included in other comprehensive gain — — — — Purchases of finance receivables 204,775 — — 204,775 Interest accreted 131,392 — — 131,392 Payments received (384,478 ) — — (384,478 ) Sale of finance receivables (271,331 ) — — (271,331 ) Transfers to/from other balance sheet line items — — (4,934 ) (4,934 ) Transfers in and/or out of Level 3 — — — — Balance as of September 30, 2016 $ 4,228,982 $ 32,607 $ 13,346 $ 4,274,935 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, 2016 $ 92,880 $ 3,320 $ 13,346 $ 109,546 Balance as of December 31, 2014 $ 4,523,835 $ — $ — $ 4,523,835 Total included in earnings (losses): 0 Unrealized (losses) gains (5,320 ) 548 7,822 3,050 Included in other comprehensive gain — — — — Purchases of finance receivables 296,468 — — 296,468 Interest accreted 124,870 — — 124,870 Payments received (384,726 ) — — (384,726 ) Transfers to/from other balance sheet line items — — (5,221 ) (5,221 ) Assets acquired in connection with the Home Lending acquisition — 27,638 5,221 32,859 Transfers in and/or out of Level 3 — — — — Balance as of September 30, 2015 $ 4,555,127 $ 28,186 $ 7,822 $ 4,591,135 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 $ 7,822 $ 3,050 The changes in liabilities measured at fair value using significant unobservable inputs (Level 3) during the nine months ended September 30, 2016 and 2015 were as follows: VIE long-term debt issued (In thousands) Balance as of December 31, 2015 $ 3,928,818 Total included in (earnings) losses: Unrealized losses 167,243 Issuances 216,806 Interest accreted (26,894 ) Repayments (240,340 ) Transfers in and/or out of Level 3 — Balance as of September 30, 2016 $ 4,045,633 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, 2016 $ 167,243 Balance as of December 31, 2014 $ 4,031,864 Total included in (earnings) losses: Unrealized gains (67,305 ) Issuances 380,417 Interest accreted (33,659 ) Repayments (237,107 ) 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 ) Realized and unrealized gains and losses included in revenues in the accompanying condensed consolidated statements of operations for the three and nine months ended September 30, 2016 and 2015 are reported in the following revenue categories: VIE and other finance receivables and long-term debt, at fair value Mortgage servicing rights, at fair value Interest rate lock commitments, at fair value (In thousands) Net (losses) gains included in revenues for the three months ended September 30, 2016 $ (14,238 ) $ 1,480 $ 13,346 Unrealized (losses) gains for the three months ended September 30, 2016 relating to assets and long-term debt still held as of September 30, 2016 $ (29,616 ) $ 1,480 $ 13,346 Net (losses) gains included in revenues for the nine months ended September 30, 2016 $ (4,766 ) $ 3,320 $ 13,346 Unrealized (losses) gains for the nine months ended September 30, 2016 relating to assets and long-term debt still held as of September 30, 2016 $ (74,363 ) $ 3,320 $ 13,346 Net gains included in revenues for the three months ended September 30, 2015 $ 13,952 $ 548 $ 4,934 Unrealized gains 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 $ 4,934 Net gains included in revenues for the nine months ended September 30, 2015 $ 61,985 $ 548 $ 4,934 Unrealized gains 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 $ 4,934 The Company discloses fair value information about financial instruments, whether or not recorded 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, 2016 December 31, 2015 (In thousands) Estimated Carrying Estimated Carrying Financial assets: VIE and other finance receivables, at fair value $ 4,228,982 $ 4,228,892 $ 4,386,147 $ 4,386,147 VIE and other finance receivables, net of allowance for losses (1) 90,993 96,176 103,609 110,342 Other receivables, net of allowance for losses (1) 17,832 17,832 16,285 16,285 Mortgage loans held for sale, at fair value 308,490 308,490 124,508 124,508 Mortgage servicing rights, at fair value 32,607 32,607 29,287 29,287 Marketable securities, at fair value 79,779 79,779 84,994 84,994 Interest rate lock commitments, at fair value (2) 13,346 13,346 4,934 4,934 Financial liabilities: Term loan payable (1) 179,472 442,429 325,558 440,181 VIE derivative liabilities, at fair value 69,764 69,764 66,519 66,519 VIE borrowings under revolving credit facilities and other similar borrowings (1) 32,910 32,502 53,737 48,828 Other borrowings under revolving credit facilities and other similar borrowings (1) 297,616 298,199 122,243 122,243 VIE long-term debt (1) 59,611 65,241 194,211 199,363 VIE long-term debt issued by securitization and permanent financing trusts, at fair value 4,045,633 4,045,633 3,928,818 3,928,818 Forward sale commitments, at fair value (3) 1,920 1,920 147 147 Installment obligations payable (1) 79,779 79,779 84,994 84,994 (1) These represent financial instruments not recorded in the condensed consolidated balance sheets at fair value. 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. |