Mortgage Notes Receivable | Note 3 - Mortgage Notes Receivable The stated principal amount of mortgage notes receivable in our portfolio represents our interest in loans generally secured by first deeds of trust, security agreements or legal title to real estate located in the United States. Our lending standards typically require that all mortgage notes receivable be secured by a first deed of trust lien on real estate and that the maximum LTV be no greater than 65 %. The LTV is calculated on an “as-complete” appraised value of the underlying collateral as determined by an independent appraiser at the time of the loan origination. The lending standards also typically limit the initial outstanding principal balance of the loan to a maximum LTV of up to 65 % of the “as-is” appraised value of the underlying collateral, as determined by an independent appraiser at the time of the loan origination. Unless otherwise indicated, LTV is measured by the total commitment amount of the loan at origination divided by the “as-complete” appraisal. LTVs do not reflect interim loan activity such as construction draws or interest payments capitalized to loans, or partial repayments of the loan. The maximum amount of a single loan may not exceed 10 % of our total assets and the maximum amount to a single borrower may not exceed 15 % of our total assets. We consider the maximum LTV as an indicator for the credit quality of a mortgage note receivable. Mortgage notes receivable are considered to be short-term financings. As of March 31, 2023, the weighted average term outstanding of our active loans was 23 months, which we often elect to extend for several months, based on our evaluation of the expected timeline for completion of construction. All loans require monthly interest only payments, with our weighted average interest rate on our portfolio being 10.0 % as of March 31, 2023 . Most loans are structured with an interest reserve holdback that covers the interest payments for the initial term of the loan. Once the interest reserve is depleted, borrowers are expected to pay their monthly interest payment within 10 days of month-end. Mortgage notes receivable are presented net of construction holdbacks, interest reserves, allowance for credit losses and deferred origination and amendment fee income in the consolidated balance sheets. The construction holdback represents amounts withheld from the funding of construction loans until we deem construction to be sufficiently completed. The interest reserve represents amounts withheld from the funding of certain mortgage notes receivable for the purpose of satisfying monthly interest payments over all or part of the term of the related note. Accrued interest is paid out of the interest reserve and recognized as interest income at the end of each month. The deferred origination, loan servicing and amendment fee income represents amounts that will be recognized over the contractual life of the underlying mortgage notes receivable. The following table reconciles outstanding mortgage loan commitments to the outstanding balance of mortgage notes receivable as of March 31, 2023 and December 31, 2022: (dollars in thousands) March 31, 2023 December 31, 2022 Total loan commitments $ 1,211,474 $ 1,417,325 Less: Construction holdbacks (1) 356,645 452,690 Interest reserves 28,234 33,633 Total principal outstanding for our mortgage notes receivable 826,595 931,002 Less: Allowance for credit losses (2) 35,920 41,492 Deferred origination and amendment fees 5,794 7,560 Mortgage notes receivable, net $ 784,881 $ 881,950 (1) As of March 31, 2023 and December 31, 2022 this amount includes $ 11.3 and $ 22.8 million, respectively, of construction holdbacks for defaulted loans that we are no longer required to pay. These amounts are included in the loan commitment totals. (2) As of March 31, 2023 and December 31, 2022, $ 1.1 and $ 1.5 million, respectively, of the CECL allowance is excluded from this table because it relates to unfunded commitments and has been recorded as a liability under accounts payable and accrued liabilities in our consolidated balance sheet. When a loan is deemed collateral dependent or high risk, it is placed on non-accrual status with interest income recognized on a cash-basis where principal collection is not in doubt. As of March 31, 2023 and December 31, 2022, the principal outstanding on loans in contractual default status placed on non-accrual status was $ 165.2 and $ 217.2 million, respectively. As of March 31, 2023 and December 31, 2022, the principal outstanding on loans in contractual default was $ 166.6 and $ 250.4 million, respectively. The following tables show the carrying value of loans in contractual default status by collateral type and the LTV of the loans in contractual default at the dates indicated: March 31, 2023 (dollars in thousands) Number of Loans Carrying Value % of Total Collateral Type Residential lots 6 $ 28,855 17.3 % Single Family Housing 14 24,509 14.7 Entitled Land 2 24,426 14.7 Hotel 1 15,770 9.5 Mixed Use 3 13,095 7.9 Apartments 5 12,624 7.6 Duplex 1 10,218 6.1 Quadplex 1 10,179 6.1 Offices 1 6,328 3.8 Townhomes 3 6,227 3.7 Condos 2 6,126 3.7 Retail 1 5,505 3.3 Commercial Lots 1 2,698 1.6 Total 41 $ 166,560 100.0 % March 31, 2023 (dollars in thousands) Carrying Value % of Total LTV (1) 0 - 40% $ 2,690 1.6 % 41 - 60% 57,304 34.4 61 - 80% 90,779 54.5 Above 80% 15,787 9.5 Total $ 166,560 100.0 % (1) Represents current LTV as of origination or latest amendment. At March 31, 2023, the weighted average LTV for loans in contractual default using the latest appraisal was 137.7 % . The weighted average LTV of our loans in contractual default net of our allowance for credit losses was approximately 80.2 % . December 31, 2022 (dollars in thousands) Number of Loans Carrying Value % of Total Collateral Type Residential lots 8 $ 71,306 28.5 % Condos 3 42,237 16.9 Hotel 2 28,919 11.5 Entitled Land 2 22,447 9.0 Townhomes 5 21,175 8.5 Single Family Housing 11 20,335 8.1 Mixed Use 4 14,795 5.9 Unentitled Land 1 10,496 4.2 Apartments 2 6,947 2.8 Offices 1 6,288 2.5 Retail 1 5,443 2.2 Total 40 $ 250,388 100.0 % December 31, 2022 (dollars in thousands) Carrying Value % of Total LTV (1) 0 - 40% $ 3,969 1.6 % 41 - 60% 91,201 36.4 61 - 80% 139,537 55.7 Above 80% 15,681 6.3 Total $ 250,388 100.0 % (1) Represents current LTV as of origination or latest amendment. At December 31, 2022, the weighted average LTV for loans in contractual default using the latest appraisal was 124.8 % . The weighted average LTV of our loans in contractual default net of our allowance for credit losses was approximately 84.9 % . Current Expected Credit Losses In assessing the CECL allowance, we consider historical loss experience, current conditions, and a reasonable and supportable forecast of the macroeconomic environment. We derived an annual historical loss rate based on the Company’s historical loss experience in its portfolio and the historical loss experience in the commercial real estate industry provided by a third party adjusted to incorporate the risks of construction lending and to reflect our expectations of the macroeconomic environment based on forecast data per the Federal Reserve. The following tables summarize the activity in the CECL allowance during the three months ended March 31, 2023 and 2022: CECL Allowance (dollars in thousands) Funded Unfunded (2) Total CECL allowance as of December 31, 2022 $ 41,492 $ 1,474 $ 42,966 Provision for credit losses, net 2,117 ( 416 ) 1,701 Charge-offs (1) ( 7,689 ) — ( 7,689 ) CECL allowance as of March 31, 2023 $ 35,920 $ 1,058 $ 36,978 CECL Allowance (dollars in thousands) Funded Unfunded (2) Total CECL allowance as of December 31, 2021 $ 10,394 $ 904 $ 11,298 Provision for credit losses, net 1,554 193 1,747 Charge-offs (1) ( 3,301 ) — ( 3,301 ) CECL allowance as of March 31, 2022 $ 8,647 $ 1,097 $ 9,744 (1) Charge-offs result from either loan repayments where the proceeds are less than the principal outstanding or transfers to investment in real property at the time that we take ownership of the property where the fair values of the underlying collateral are less than the principal outstanding. (2) CECL allowance related to unfunded commitments is presented as a liability under accounts payable and accrued liabilities in our consolidated balance sheet. As of March 31, 2023 and 2022, the funded and unfunded CECL allowance aggregated $ 37.0 and $ 9.7 million, which represents a decrease from December 31, 2022 and 2021, respectively, of $ 6.0 and $ 1.6 million. This decreased allowance reflects increased principal losses realized on repaid loans and loans transferred to real estate owned. In determining our CECL allowance, we segment loans with similar characteristics. All of our loans are secured by residential or commercial real estate and, in assessing estimated credit losses, we evaluate various metrics, including, but not limited to, construction type, collateral type, LTV, market conditions of property location and borrower experience and financial strength. The following tables allocate the carrying value of our loan portfolio based on our internal credit quality indicators in assessing estimated credit losses and vintage of origination at the dates indicated: March 31, 2023 Year Originated (1) (dollars in thousands) Carrying Value % of Portfolio 2023 2022 2021 2020 Prior Construction Type Vertical Construction $ 502,227 61.2 % $ 19,303 $ 353,282 $ 64,242 $ 56,817 $ 8,583 Horizontal Development 177,596 21.6 — 164,656 918 9,405 2,617 Investment 42,606 5.2 3,965 14,371 21,181 3,089 — Rehabilitation 37,403 4.6 — 20,069 16,883 451 — Land Entitlement 26,284 3.2 — 4,297 — 21,987 — Bridge 20,713 2.5 — 19,893 — — 820 Acquisition 13,972 1.7 — 11,162 2,622 188 — Total 820,801 100.0 % $ 23,268 $ 587,730 $ 105,846 $ 91,937 $ 12,020 CECL allowance (2) ( 35,920 ) Carrying value, net $ 784,881 Gross write-offs $ 13,083 $ 4 $ 581 $ 4,327 $ 352 $ 7,819 (1) Represents the year of either origination or amendment where the loan incurred a full re-underwriting in connection with the amendment . (2) Includes $ 30.0 million in loan specific allowances for loans deemed collateral dependent based on the excess amortized cost over the fair value of the underlying collateral. In addition, $ 1.1 million of the CECL allowance is excluded from this table because it relates to unfunded commitments and has been recorded as a liability under accounts payable and accrued liabilities in our consolidated balance sheet. March 31, 2023 Year Originated (1) (dollars in thousands) Carrying Value % of Portfolio 2023 2022 2021 2020 Prior Collateral Type Apartments $ 195,140 23.8 % $ 1,000 $ 125,210 $ 33,869 $ 33,109 $ 1,952 Single Family Housing 134,879 16.5 1,258 112,736 19,380 174 1,331 Townhomes 97,291 11.9 — 85,365 7,973 2,259 1,694 Entitled Land 89,654 10.9 3,965 38,559 22,054 25,076 — Residential Lots 58,522 7.1 — 45,582 918 9,405 2,617 Commercial 57,527 7.0 — 57,527 — — — Mixed Use 46,973 5.7 — 45,702 — 451 820 Condos 36,974 4.5 4,168 20,656 8,356 188 3,606 Hotel 29,957 3.6 12,877 1,310 — 15,770 — Senior Housing 17,135 2.1 — 17,135 — — — Duplex 15,097 1.8 — 15,097 — — — Commercial Other 11,547 1.4 — — 11,547 — — Quadplex 10,179 1.2 — 10,179 — — — Retail 9,546 1.2 — 2,292 1,749 5,505 — Offices 6,328 0.8 — 6,328 — — — Residential Lots 2,698 0.3 — 2,698 — — — Triplex 717 0.1 — 717 — — — Unentitled Land 637 0.1 — 637 — — — Total 820,801 100.0 % $ 23,268 $ 587,730 $ 105,846 $ 91,937 $ 12,020 CECL allowance (2) ( 35,920 ) Carrying value, net $ 784,881 (1) Represents the year of either origination or amendment where the loan incurred a full re-underwriting in connection with the amendment. (2) Includes $ 30.0 million in loan specific allowances for loans deemed collateral dependent based on the excess amortized cost over the fair value of the underlying collateral. In addition, $ 1.1 million of the CECL allowance is excluded from this table because it relates to unfunded commitments and has been recorded as a liability under accounts payable and accrued liabilities in our consolidated balance sheet. March 31, 2023 Year Originated (1) (dollars in thousands) Carrying Value % of Portfolio 2023 2022 2021 2020 Prior LTV (2) 0 - 40% $ 20,944 2.6 % $ 1,000 $ 16,855 $ — $ 3,089 $ — 41 - 45% 29,701 3.6 — 7,714 — 21,987 — 46 - 50% 54,571 6.6 — 54,571 — — — 51 - 55% 73,832 9.0 — 40,434 27,893 5,505 — 56 - 60% 71,258 8.7 — 63,203 4,700 1,094 2,261 61 - 65% 440,760 53.7 22,268 284,466 69,661 60,262 4,103 66 - 70% 96,544 11.8 — 91,258 3,592 — 1,694 71 - 75% 1,056 0.10 — 1,056 — — — 76- 80% 2,594 0.3 — 2,594 — — — Above 80% 29,541 3.6 — 25,579 — — 3,962 Total 820,801 100.0 % $ 23,268 $ 587,730 $ 105,846 $ 91,937 $ 12,020 CECL allowance (3) ( 35,920 ) Carrying value, net $ 784,881 (1) Represents the year of either origination or amendment where the loan incurred a full re-underwriting in connection with the amendment. (2) Represents LTV as of origination or latest amendment. LTVs above 65 % generally represent loans in contractual default status where we have agreed to extend funds to the borrower above 65 % in order to facilitate successful completion of the construction and return of capital. (3) Includes $ 30.0 million in loan specific allowances for loans deemed collateral dependent based on the excess amortized cost over the fair value of the underlying collateral. In addition, $ 1.1 million of the CECL allowance is excluded from this table because it relates to unfunded commitments and has been recorded as a liability under accounts payable and accrued liabilities in our consolidated balance sheet. December 31, 2022 Year Originated (1) (dollars in thousands) Carrying Value % of Portfolio 2022 2021 2020 2019 Prior Construction Type Vertical Construction $ 552,468 52.5 % $ 352,355 $ 128,130 $ 33,895 $ 1,928 $ 36,160 Horizontal Development 221,078 21.5 144,082 68,201 8,795 — — Acquisition 46,536 10.6 46,536 — — — — Investment 39,422 7.2 12,936 15,009 11,477 — — Rehabilitation 26,132 3.0 4,146 21,986 — — — Land Entitlement 22,611 2.7 19,450 937 — 2,224 — Bridge 15,195 2.5 13,454 1,741 — — — Total 923,442 100.0 % $ 592,959 $ 236,004 $ 54,167 $ 4,152 $ 36,160 CECL allowance (2) ( 41,492 ) Carrying value, net $ 881,950 (1) Represents the year of either origination or amendment where the loan incurred a full re-underwriting in connection with the amendment. (2) Includes $ 35.0 million in loan specific allowances for loans deemed collateral dependent based on the excess amortized cost over the fair value of the underlying collateral. In addition, $ 1.5 million of the CECL allowance is excluded from this table because it relates to unfunded commitments and has been recorded as a liability under accounts payable and accrued liabilities in our consolidated balance sheet. December 31, 2022 Year Originated (1) (dollars in thousands) Carrying Value % of Portfolio 2022 2021 2020 2019 Prior Collateral Type Residential Lots $ 191,708 12.2 % $ 134,816 $ 49,944 $ 5,020 $ 1,928 $ — Apartments 133,702 11.8 124,218 9,245 239 — — Townhomes 106,888 10.2 81,393 24,701 794 — — Mixed Use 104,100 9.5 56,675 38,630 8,795 — — Single Family Housing 76,251 9.6 54,265 21,986 — — — Condos 71,975 7.1 29,738 2,515 3,562 — 36,160 Commercial 58,515 6.8 13,838 44,677 — — — Senior Housing 50,127 6.7 6,209 30,217 11,477 2,224 — Storage 30,221 6.2 14,116 — 16,105 — — Unentitled Land 18,467 5.0 12,179 — 6,288 — — Entitled Land 17,262 4.9 16,325 937 — — — Hotel 16,595 3.5 16,595 — — — — Offices 13,639 1.7 13,639 — — — — Commercial Lots 11,411 1.1 — 11,411 — — — Quadplex 9,071 1.1 5,443 1,741 1,887 — — Commercial Other 8,932 1.0 8,932 — — — — Retail 4,018 0.9 4,018 — — — — Duplex 560 0.7 560 — — — — Total 923,442 100.0 % $ 592,959 $ 236,004 $ 54,167 $ 4,152 $ 36,160 CECL allowance (2) ( 41,492 ) Carrying value, net $ 881,950 (1) Represents the year of either origination or amendment where the loan incurred a full re-underwriting in connection with the amendment. (2) Includes $ 35.0 million in loan specific allowances for loans deemed collateral dependent based on the excess amortized cost over the fair value of the underlying collateral. In addition, $ 1.5 million of the CECL allowance is excluded from this table because it relates to unfunded commitments and has been recorded as a liability under accounts payable and accrued liabilities in our consolidated balance sheet. December 31, 2022 Year Originated (1) (dollars in thousands) Carrying Value % of Portfolio 2022 2021 2020 2019 Prior LTV (2) 0 - 40% $ 26,053 5.9 % $ 22,544 $ 3,509 $ — $ — $ — 41 - 45% 29,025 5.3 7,039 21,986 — — — 46 - 50% 42,267 7.0 22,524 13,455 6,288 — — 51 - 55% 144,649 10.1 76,978 58,876 8,795 — — 56 - 60% 107,098 8.7 98,691 8,407 — — — 61 - 65% 456,743 61.4 284,722 112,569 21,364 1,928 36,160 66 - 70% 93,104 0.1 71,638 16,561 2,681 2,224 — 71 - 75% 4,280 0.0 4,280 — — — — 76 - 80% 2,540 0.0 2,540 — — — — Above 80% 17,683 1.5 2,003 641 15,039 — — Total 923,442 100.0 % $ 592,959 $ 236,004 $ 54,167 $ 4,152 $ 36,160 CECL allowance (3) ( 41,492 ) Carrying value, net $ 881,950 (1) Represents the year of either origination or amendment where the loan incurred a full re-underwriting in connection with the amendment. (2) Represents LTV as of origination or latest amendment. LTVs above 65 % generally represent loans in contractual default status where we have agreed to extend funds to the borrower above 65 % in order to ensure successful completion of the construction and return of capital. (3) Includes $ 35.0 million in loan specific allowances for loans deemed collateral dependent based on the excess amortized cost over the fair value of the underlying collateral. In addition, $ 1.5 million of the CECL allowance is excluded from this table because it relates to unfunded commitments and has been recorded as a liability under accounts payable and accrued liabilities in our consolidated balance sheet. The following tables allocate the carrying value of collateral dependent loans in our loan portfolio to the collateral type at the dates indicated: March 31, 2023 (dollars in thousands) Carrying Value CECL Allowance Carrying Value, net Collateral Type Residential Lots $ 26,881 $ ( 7,952 ) $ 18,929 Single Family Housing 24,509 ( 1,105 ) 23,404 Entitled Land 24,426 ( 127 ) 24,299 Hotel 15,770 ( 10,695 ) 5,075 Apartments 11,247 ( 1,167 ) 10,080 Offices 6,328 ( 5,082 ) 1,246 Condos 6,126 ( 3,185 ) 2,941 Retail 5,505 ( 222 ) 5,283 Townhomes 3,047 ( 974 ) 2,073 Commercial Lots 2,698 ( 109 ) 2,589 Mixed Use 1,271 ( 632 ) 639 Total $ 127,808 $ ( 31,250 ) $ 96,558 December 31, 2022 (dollars in thousands) Carrying Value CECL Allowance Carrying Value, net Collateral Type Residential Lots $ 70,664 $ ( 11,519 ) $ 59,145 Condos 42,237 ( 5,892 ) 36,345 Land 21,986 ( 108 ) 21,878 Townhomes 18,296 ( 1,706 ) 16,590 Single Family Housing 16,993 ( 950 ) 16,043 Hotel 16,106 ( 9,151 ) 6,955 Apartments 6,947 ( 978 ) 5,969 Offices 6,288 ( 5,042 ) 1,246 Mixed Use 3,318 ( 1,320 ) 1,998 Total $ 202,835 $ ( 36,666 ) $ 166,169 |