Loans Receivable and Allowance for Credit Losses | Note 5. Loans Receivable and Allowance for Credit Losses Loans receivable at September 30, 2023 and December 31, 2022 are summarized as follows: September 30, December 31, 2023 2022 (in thousands) Mortgage loans: 1-4 Family residential Investor-Owned $ 347,082 $ 343,968 Owner-Occupied 151,866 134,878 Multifamily residential 553,694 494,667 Nonresidential properties 321,472 308,043 Construction and land 411,383 185,018 Total mortgage loans 1,785,497 1,466,574 Nonmortgage loans: Business loans (1) 18,416 39,965 Consumer loans (2) 10,416 19,129 Total non-mortgage loans 28,832 59,094 Total loans, gross 1,814,329 1,525,668 Net deferred loan origination costs 692 2,051 Allowance for Credit Losses ( 27,414 ) ( 34,592 ) Loans receivable, net $ 1,787,607 $ 1,493,127 (1) As of September 30, 2023 and December 31, 2022, business loans include $ 1.1 million and $ 20.0 million, respectively, of SBA Paycheck Protection Program (“PPP”) loans. (2) As of September 30, 2023 and December 31, 2022, consumer loans include $ 9.3 million and $ 18.2 million, respectively, of microloans originated by Grain through its mobile application that is geared to the underbanked and new generations entering the financial services market and uses non-traditional underwriting methodologies. The Company’s lending activities are conducted principally in metropolitan New York City. The Company primarily grants loans secured by real estate to individuals and businesses pursuant to an established credit policy applicable to each type of lending activity in which it engages. Although collateral provides assurance as a secondary source of repayment, the Company ordinarily requires the primary source of repayment to be based on the borrowers’ ability to generate continuing cash flows. The Company also evaluates the collateral and creditworthiness of each customer. The credit policy provides that depending on the borrowers’ creditworthiness and type of collateral, credit may be extended up to predetermined percentages of the market value of the collateral or on an unsecured basis. Real estate is the primary form of collateral. Other important forms of collateral are time deposits and marketable securities. For disclosures related to the allowance for credit losses and credit quality, the Company does not have any disaggregated classes of loans below the segment level. Credit-Quality Indicators : Internally assigned risk ratings are used as credit-quality indicators, which are reviewed by management on a quarterly basis. The objectives of the Company’s risk-rating system are to provide the Board of Directors and senior management with an objective assessment of the overall quality of the loan portfolio, to promptly and accurately identify loans with well-defined credit weaknesses so that timely action can be taken to minimize credit loss, to identify relevant trends affecting the collectability of the loan portfolio, to isolate potential problem areas and to provide essential information for determining the adequacy of the allowance for credit losses. Below are the definitions of the internally assigned risk ratings: • Strong Pass – Loans to a new or existing borrower collateralized at least 90 percent by an unimpaired deposit account at the Company. • Good Pass – Loans to a new or existing borrower in a well-established enterprise in excellent financial condition with strong liquidity and a history of consistently high level of earnings, cash flow and debt service capacity. • Satisfactory Pass – Loans to a new or existing borrower of average strength with acceptable financial condition, satisfactory record of earnings and sufficient historical and projected cash flow to service the debt. • Performance Pass – Existing loans that evidence strong payment history but document less than average strength, financial condition, record of earnings, or projected cash flows with which to service the debt. • Special Mention – Loans in this category are currently protected but show one or more potential weaknesses and risks which may inadequately protect collectability or borrower’s ability to meet repayment terms at some future date if the weakness or weaknesses are not monitored or remediated. • Substandard – Loans that are inadequately protected by the repayment capacity of the borrower or the current sound net worth of the collateral pledged, if any. Loans in this category have well defined weaknesses and risks that jeopardize the repayment. They are characterized by the distinct possibility that some loss may be sustained if the deficiencies are not remediated. • Doubtful – Loans that have all the weaknesses of loans classified as “Substandard” with the added characteristics that the weaknesses make collection or liquidation in full, on the basis of current existing facts, conditions, and values, highly questionable and improbable. Loans within the top four categories above are considered pass rated, as commonly defined. Risk ratings are assigned as necessary to differentiate risk within the portfolio. Risk ratings are reviewed on an ongoing basis and revised to reflect changes in the borrowers’ financial condition and outlook, debt service coverage capability, repayment performance, collateral value and coverage as well as other considerations. The following tables present credit risk ratings by loan segment as of September 30, 2023 and December 31, 2022: September 30, 2023 Mortgage Loans Nonmortgage Loans Construction Total 1-4 Family Multifamily Nonresidential and Land Business Consumer Loans (in thousands) Risk Rating: Pass $ 488,062 $ 553,694 $ 318,829 $ 404,726 $ 18,207 $ 10,416 $ 1,793,934 Special mention 3,129 — 2,544 — — — 5,673 Substandard 7,757 — 99 6,657 209 — 14,722 Total $ 498,948 $ 553,694 $ 321,472 $ 411,383 $ 18,416 $ 10,416 $ 1,814,329 December 31, 2022 Mortgage Loans Nonmortgage Loans Construction Total 1-4 Family Multifamily Nonresidential and Land Business Consumer Loans (in thousands) Risk Rating: Pass $ 462,126 $ 492,556 $ 307,307 $ 173,351 $ 39,965 $ 19,129 $ 1,494,434 Special mention 7,692 1,437 606 — — — 9,735 Substandard 9,028 674 130 11,667 — — 21,499 Total $ 478,846 $ 494,667 $ 308,043 $ 185,018 $ 39,965 $ 19,129 $ 1,525,668 An aging analysis of loans, as of September 30, 2023 and December 31, 2022, is as follows: September 30, 2023 30-59 60-89 90 Days 90 Days Days Days or More Nonaccrual or More Current Past Due Past Due Past Due Total Loans Accruing (in thousands) Mortgage loans: 1-4 Family residential Investor-Owned $ 346,686 $ — $ — $ 396 $ 347,082 $ 396 $ — Owner-Occupied 149,732 — — 2,134 151,866 2,134 — Multifamily residential 553,694 — — — 553,694 — — Nonresidential properties 320,936 — 536 — 321,472 — — Construction and land 404,726 — — 6,657 411,383 6,657 — Nonmortgage loans: Business 18,159 48 — 209 18,416 209 — Consumer 9,969 86 361 — 10,416 — — Total $ 1,803,902 $ 134 $ 897 $ 9,396 $ 1,814,329 $ 9,396 $ — December 31, 2022 30-59 60-89 90 Days 90 Days Days Days or More Nonaccrual or More Current Past Due Past Due Past Due Total Loans Accruing (in thousands) Mortgage loans: 1-4 Family residential Investor-Owned $ 340,495 $ 1,530 $ 78 $ 1,865 $ 343,968 $ 3,061 $ — Owner-Occupied 131,510 2,553 — 815 134,878 2,987 — Multifamily residential 490,024 4,643 — — 494,667 — — Nonresidential properties 303,190 4,246 607 — 308,043 93 — Construction and land 173,351 — 4,100 7,567 185,018 7,567 — Nonmortgage loans: Business 27,657 1,466 7,869 2,973 39,965 — 2,973 Consumer 16,743 1,267 1,119 — 19,129 — — Total $ 1,482,970 $ 15,705 $ 13,773 $ 13,220 $ 1,525,668 $ 13,708 $ 2,973 The following schedules detail the composition of the allowance for credit losses on loans and the related recorded investment in loans as of and for the three and nine months ended September 30, 2023 and 2022, and as of and for the year ended December 31, 2022: For the Nine Months Ended September 30, 2023 Mortgage Loans Nonmortgage Total 1-4 1-4 Multifamily Nonresidential Construction Business Consumer For the (in thousands) Allowance for Credit Losses: Balance, beginning of period $ 3,863 $ 1,723 $ 8,021 $ 2,724 $ 2,683 $ 120 $ 15,458 $ 34,592 Provision (benefit) charged to expense 33 257 653 ( 20 ) 2,276 193 ( 2,029 ) 1,363 Impact of CECL adoption 766 146 ( 3,962 ) 578 ( 911 ) 236 57 ( 3,090 ) Charge-offs — — — — — — ( 6,092 ) ( 6,092 ) Recoveries — — — — — 3 638 641 Balance, end of period $ 4,662 $ 2,126 $ 4,712 $ 3,282 $ 4,048 $ 552 $ 8,032 $ 27,414 Ending balance: individually $ — $ 71 $ — $ — $ — $ 204 $ — $ 275 Ending balance: collectively 4,662 2,055 4,712 3,282 4,048 348 8,032 27,139 Total $ 4,662 $ 2,126 $ 4,712 $ 3,282 $ 4,048 $ 552 $ 8,032 $ 27,414 Loans: Ending balance: individually $ 396 $ 2,134 $ — $ — $ 6,657 $ 209 $ — $ 9,396 Ending balance: collectively 346,686 149,732 553,694 321,472 404,726 18,207 10,416 1,804,933 Total $ 347,082 $ 151,866 $ 553,694 $ 321,472 $ 411,383 $ 18,416 $ 10,416 $ 1,814,329 For the Three Months Ended September 30, 2023 Mortgage Loans Nonmortgage Loans Total 1-4 1-4 Multifamily Nonresidential Construction Business Consumer For the (in thousands) Allowance for loan losses: Balance, beginning of period $ 4,776 $ 2,152 $ 4,738 $ 3,238 $ 3,189 $ 450 $ 9,630 $ 28,173 Provision (benefit) charged to expense ( 114 ) ( 26 ) ( 26 ) 44 859 102 ( 89 ) 750 Losses charged-off — — — — — — ( 1,592 ) ( 1,592 ) Recoveries — — — — — 3 80 83 Balance, end of period $ 4,662 $ 2,126 $ 4,712 $ 3,282 $ 4,048 $ 552 $ 8,032 $ 27,414 For the Nine Months Ended September 30, 2022 Mortgage Loans Nonmortgage Loans Total 1-4 1-4 Multifamily Nonresidential Construction Business Consumer For the (in thousands) Allowance for loan losses: Balance, beginning of period $ 3,540 $ 1,178 $ 5,684 $ 2,165 $ 2,024 $ 306 $ 1,455 $ 16,352 Provision (benefit) charged to expense 25 214 1,064 296 802 ( 235 ) 9,239 11,405 Charge-offs — — — — — — ( 3,000 ) ( 3,000 ) Recoveries 156 39 — — — 94 62 351 Balance, end of period $ 3,721 $ 1,431 $ 6,748 $ 2,461 $ 2,826 $ 165 $ 7,756 $ 25,108 Ending balance: individually $ 69 $ 99 $ — $ 37 $ — $ — $ — $ 205 Ending balance: collectively 3,652 1,332 6,748 2,424 2,826 165 7,756 24,903 Total $ 3,721 $ 1,431 $ 6,748 $ 2,461 $ 2,826 $ 165 $ 7,756 $ 25,108 Loans: Ending balance: individually $ 8,352 $ 4,440 $ — $ 1,587 $ 10,660 $ 359 $ — $ 25,398 Ending balance: collectively 328,315 108,309 421,917 281,055 186,777 41,039 22,563 1,389,975 Total $ 336,667 $ 112,749 $ 421,917 $ 282,642 $ 197,437 $ 41,398 $ 22,563 $ 1,415,373 For the Three Months Ended September 30, 2022 Mortgage Loans Nonmortgage Loans Total 1-4 1-4 Multifamily Nonresidential Construction Business Consumer Total (in thousands) Allowance for loan losses: Balance, beginning of period $ 3,607 $ 1,233 $ 6,374 $ 2,493 $ 2,262 $ 103 $ 1,463 $ 17,535 Provision (benefit) charged to expense 114 159 374 ( 32 ) 564 61 8,090 9,330 Losses charged-off — — — — — — ( 1,799 ) ( 1,799 ) Recoveries — 39 — — — 1 2 42 Balance, end of period $ 3,721 $ 1,431 $ 6,748 $ 2,461 $ 2,826 $ 165 $ 7,756 $ 25,108 For the Year Ended December 31, 2022 Mortgage Loans Nonmortgage Loans Total 1-4 1-4 Multifamily Nonresidential Construction Business Consumer For the (in thousands) Allowance for loan losses: Balance, beginning of year $ 3,540 $ 1,178 $ 5,684 $ 2,165 $ 2,024 $ 306 $ 1,455 $ 16,352 Provision (benefit) charged to expense 167 506 2,337 559 659 ( 280 ) 20,098 24,046 Charge-offs — — — — — — ( 6,660 ) ( 6,660 ) Recoveries 156 39 — — — 94 565 854 Balance, end of year $ 3,863 $ 1,723 $ 8,021 $ 2,724 $ 2,683 $ 120 $ 15,458 $ 34,592 Ending balance: individually $ 63 $ 96 $ — $ 37 $ — $ — $ — $ 196 Ending balance: collectively 3,800 1,627 8,021 2,687 2,683 120 15,458 34,396 Total $ 3,863 $ 1,723 $ 8,021 $ 2,724 $ 2,683 $ 120 $ 15,458 $ 34,592 Loans: Ending balance: individually $ 5,269 $ 4,315 $ — $ 801 $ 7,567 $ — $ — $ 17,952 Ending balance: collectively 338,699 130,563 494,667 307,242 177,451 39,965 19,129 1,507,716 Total $ 343,968 $ 134,878 $ 494,667 $ 308,043 $ 185,018 $ 39,965 $ 19,129 $ 1,525,668 Loans are considered impaired when current information and events indicate all amounts due may not be collectable according to the contractual terms of the related loan agreements. Impaired loans are identified by applying normal loan review procedures in accordance with the allowance for credit losses methodology. Management periodically assesses loans to determine whether impairment exists. Any loan that is, or will potentially be, no longer performing in accordance with the terms of the original loan contract is evaluated to determine impairment. The following information relates to impaired loans as of and for the nine months ended September 30, 2023 and 2022 and as of and for the year ended December 31, 2022: Unpaid Recorded Recorded Total Average Interest Income Principal With No With Recorded Related Recorded Recognized As of and For the Nine Months Ended Balance Allowance Allowance Investment Allowance Investment on a Cash Basis (in thousands) Mortgage loans: 1-4 Family residential $ 2,517 $ 2,081 $ 449 $ 2,530 $ 71 $ 6,478 $ 40 Multifamily residential — — — — — 958 — Nonresidential properties — — — — — 531 — Construction and land 6,650 6,657 — 6,657 — 8,438 — Nonmortgage loans: Business 209 — 209 209 204 83 — Consumer — — — — — — Total $ 9,376 $ 8,738 $ 658 $ 9,396 $ 275 $ 16,488 $ 40 Unpaid Recorded Recorded Total Average Interest Income Principal With No With Recorded Related Recorded Recognized As of and For the Nine Months Ended Balance Allowance Allowance Investment Allowance Investment on a Cash Basis (in thousands) Mortgage loans: 1-4 Family residential $ 13,100 $ 11,015 $ 1,777 $ 12,792 $ 168 $ 11,440 $ 164 Multifamily residential — — — — — 789 — Nonresidential properties 1,630 1,239 348 1,587 37 2,268 38 Construction and land 10,660 10,660 — 10,660 — 5,147 16 Nonmortgage loans: Business 359 359 — 359 — 93 — Consumer — — — — — 24 — Total $ 25,749 $ 23,273 $ 2,125 $ 25,398 $ 205 $ 19,761 $ 218 Unpaid Recorded Recorded Total Average Interest Income Principal With No With Recorded Related Recorded Recognized As of and for the Year Ended Balance Allowance Allowance Investment Allowance Investment on a Cash Basis (in thousands) Mortgage loans: 1-4 Family residential $ 9,986 $ 7,827 $ 1,757 $ 9,584 $ 159 $ 11,072 $ 307 Multifamily residential — — — — — 630 — Nonresidential properties 843 457 344 801 37 1,930 30 Construction and land 7,567 7,567 — 7,567 — 6,408 — Nonmortgage loans: Business — — — — — 3 — Consumer — — — — — — — Total $ 18,396 $ 15,851 $ 2,101 $ 17,952 $ 196 $ 20,043 $ 337 The Company adopted Accounting Standards Update (“ASU”) 2022-02 on January 1, 2023 . Since adoption, the Company has not modified any loans with borrowers experiencing financial difficulty. These modifications may include a reduction in interest rate, an extension in term, principal forgiveness and/or other than insignificant payment delay. At September 30, 2023, there were no loans with modifications to borrowers experiencing financial difficulty. Prior to the adoption of ASU 2022-02 on January 1, 2023, the Company classified certain loans as troubled debt restructuring (“TDR”) loans when credit terms to a borrower in financial difficulty were modified, in accordance with ASC 310-40. With the adoption of ASU 2022-02 as of January 1, 2023, the Company has ceased to recognize or measure for new TDRs but those existing at December 31, 2022 will remain until settled. During the year ended December 31, 2022, there were no loans restructured as a troubled debt restructuring. At September 30, 2023 and December 31, 2022, there were 21 and 23 troubled debt restructured loans totaling $ 5.9 million and $ 6.6 million of which $ 5.2 million and $ 4.2 million are on accrual status, respectively. There were no commitments to lend additional funds to borrowers whose loans have been modified in a troubled debt restructuring. The financial impact from the concessions made represents specific impairment reserves on these loans, which aggregated to $ 0.2 million December 31, 2022. Write-off and write-down of Microloans In 2020, the Company entered into a business arrangement with the FinTech startup company Grain. Grain’s product is a mobile application geared to the underbanked, minorities and new generations entering the financial services market. In employing this mobile application, the Bank uses non-traditional underwriting methodologies to provide revolving credit to borrowers who otherwise may gravitate to using alternative non-bank lenders. Under the terms of its agreement with Grain, the Bank is the lender for Grain-originated microloans with credit lines currently up to $ 1,500 and, where applicable, the depository for related security deposits. Grain originates and services these microloans and is responsible for maintaining compliance with the Bank's origination and servicing standards, as well as applicable regulatory and legal requirements. If a microloan is found to be fraudulent, becomes 90 days delinquent upon 90 days of origination or defaults due to a failure of Grain to properly service the microloan, the Bank’s applicable standards for origination or servicing are deemed to have not been complied with and the microloan is put back to Grain, who then becomes responsible for the microloan and any related losses. The microloans put back to Grain are accounted for as an “other asset,” specifically referred to herein as the “Grain Receivable.” At December 31, 2022, the Bank had 27,886 Grain microloans outstanding, net of put backs, with an aggregate balance totaling $ 18.2 million and which were performing, in management's opinion, comparably to similar portfolios, offset by a $ 15.4 million allowance for loan losses, resulting in $ 2.8 million in Grain microloans, net of allowance for loan losses. Grain has been victimized by cyber fraud using synthetic and other forms of fraudulent identifications, a phenomenon that has become prevalent with Fintechs. Grain remains a pre-profit startup highly dependent on earnings from its relationship with the Bank, a new relationship with another financial institution, and further capital raises which may not materialize. The Company continues to closely monitor its portfolio of consumer loans originated by Grain as well as Grain’s refinement of solutions for detecting and preventing cyber fraud in the application for microloans. The Company has requested, and Grain has agreed, that no new microloans be originated until further notice and that further extensions of credit to an existing microloan borrower only be made upon confirmation that such borrower is not fraudulent. Further, like other start-up companies, there is a higher level of risk that Grain may not be able to execute its business plan and may fail. In the event Grain were to cease operations, and although it has considered contingency plans, the Bank may have greater difficulty in servicing and collecting the microloan portfolio. In such a case, the level the Bank has provided for in its allowance for credit losses for its microloan portfolio may be inadequate and it may need to increase its provision for credit losses, which could materially decrease the Company’s net income. As a consequence of such events, the Bank may determine it appropriate to terminate its relationship with Grain. At September 30, 2023 , the Bank had 16,687 Grain microloans outstanding, net of put backs, with an aggregate balance totaling $ 9.3 million and which were performing, in management’s opinion, comparably to similar portfolios, offset by an $ 8.1 million allowance for credit losses, resulting in $ 1.2 million in Grain microloans. Since the beginning of the Bank’s agreement with Grain and through September 30, 2023 , 45,322 microloans amounting to $ 24.3 million have been deemed to be fraudulent and put back to Grain. The Company has written-down a total of $ 15.6 million, net of recoveries, of the Grain Receivable and received $ 6.8 million in cash from Grain and through the application of security deposits connected to fraudulent loan accounts. The Bank also opted to use the $ 1.8 million grant it received from the U.S. Treasury Department’s Rapid Response Program to defray the Grain Receivable. The application of those amounts resulted in no net receivable. Additionally, the Company wrote-off its equity investment in Grain of $ 1.0 million during the year ended December 31, 2022. As of September 30, 2023 , the Company’s total exposure to Grain was $ 1.2 million of the remaining microloans, net of allowance for credit losses, excluding $ 2.4 million of unused commitments available to Grain borrowers and $ 1.6 million of security deposits by Grain borrowers. The $ 1.3 million of recoveries for the nine months ended September 30, 2023 and the $ 18.5 million write-off for the nine months ended September 30, 2022 related to Grain is included in non-interest expense in the accompanying Consolidated Statements of Operations. Of the $ 1.3 million of recoveries for the nine months ended September 30, 2023, $ 0.7 million were payments received from Grain on the Grain Receivable and the remainder were payments from Grain borrowers. Grain Technology, Inc. ("Grain") Total Exposure as of September 30, 2023 (in thousands) Receivable from Grain Microloans originated - put back to Grain (inception-to-September 30, 2023) $ 24,255 Write-downs, net of recoveries (inception-to-date as of September 30, 2023) ( 15,610 ) Cash receipts from Grain (inception-to-September 30, 2023) ( 6,819 ) Grant/reserve (inception-to-September 30, 2023) ( 1,826 ) Net receivable as of September 30, 2023 $ — Microloan receivables from Grain borrowers Grain originated loans receivable as of September 30, 2023 $ 9,318 Allowance for credit losses as of September 30, 2023 (1) ( 8,163 ) Microloans, net of allowance for credit losses as of September 30, 2023 $ 1,155 Investments Investment in Grain $ 1,000 Investment in Grain write-off ( 1,000 ) Investment in Grain as of September 30, 2023 $ — Total exposure to Grain as of September 30, 2023 $ 1,155 (1) Includes $ 0.3 million for allowance for unused commitments on the $ 2.4 million of unused commitments available to Grain borrowers reported in other liabilities in the accompanying Consolidated Statements of Financial Conditions. Excludes $ 1.6 million of security deposits by Grain originated borrowers reported in deposits in the accompanying Consolidated Statements of Financial Conditions. Off-Balance Sheet Credit Losses Also included within the scope of the CECL standard are off-balance sheet loan commitments, which includes the unfunded portion of committed lines of credit and construction loans. The Company estimates expected credit losses over the contractual period in which the company is exposed to credit risk through a contractual obligation to extend credit, unless that obligation is unconditionally cancellable by the Company. The allowance for credit losses on off-balance sheet exposures is adjusted as a provision for credit loss expense. The Company uses similar assumptions and risk factors that are developed for collectively evaluated financing receivables. This estimate includes consideration of the likelihood that funding will occur and an estimate of expected credit losses on commitments to be funded over its estimated life. At September 30, 2023 , the allowance for off-balance sheet credit losses was $ 3.2 million, which is included in the "Other liabilities" on the Consolidated Statements of Financial Condition. During the nine months ended September 30, 2023 , the Company had $ 1.9 million in credit loss provision for off-balance-sheet items, which are included in "Provision for contingencies" on the Consolidated Statements of Income. The following table presents the activity in the allowance for off-balance-sheet credit losses: September 30, December 31, 2023 2022 Balance at beginning of period $ 354 $ 229 Impact on CECL adoption 948 — Provision 1,893 125 Allowance for credit losses $ 3,195 $ 354 |