LOANS | 6. LOANS Loans Loans that management has the intent and ability to hold for the foreseeable future or until maturity or payoff are reported at the principal amount outstanding, net of partial charge-offs, deferred origination costs and fees and purchase premiums and discounts. Loan origination and commitment fees and certain direct and indirect costs incurred in connection with loan originations are deferred and amortized to income over the life of the related loans as an adjustment to yield. When a loan prepays, the remaining unamortized net deferred origination fees or costs are recognized in the current year. Interest on loans is credited to income based on the principal outstanding during the period. The Company has made a policy election to exclude accrued interest from the amortized cost basis of loans and report accrued interest separately from the related loan balance in other assets on consolidated balance sheets. Past due status is based on the contractual terms of the loan. Loans that are 90 days past due are automatically placed on non-accrual and previously accrued interest is reversed and charged against interest income. However, if the loan is in the process of collection and the Bank has reasonable assurance that the loan will be fully collectable based upon an individual loan evaluation assessing such factors as collateral and collectability, accrued interest will be recognized as earned. If a payment is received when a loan is non-accrual or a troubled debt restructuring (“TDR”) loan is non-accrual, the payment is applied to the principal balance. A TDR loan performing in accordance with its modified terms is maintained on accrual status. Loans are returned to accrual status when all the principal and interest amounts contractually due are brought current and future payments are reasonably assured. Loans that were acquired through the acquisition of Community National Bank on June 19, 2015 and First National Bank of New York on February 14, 2014, were initially recorded at fair value with no carryover of the related allowance for loan losses. After acquisition, losses are recognized through the allowance for loan losses. Determining fair value of the loans involves estimating the amount and timing of expected principal and interest cash flows to be collected on the loans and discounting those cash flows at a market interest rate. Some of the loans at the time of acquisition showed evidence of credit deterioration since origination. These loans were considered purchased credit impaired (“PCI”) loans. As of December 31, 2019, the remaining balance of PCI loans was immaterial to the Company’s financial condition and results of operations. Unless otherwise noted, the above policy is applied consistently to all loan segments. Allowance for Credit Losses On January 1, 2020, the Company adopted the CECL Standard, which requires that loans held for investment be accounted for under the current expected credit losses model. The allowance for credit losses is established and maintained through a provision for credit losses based on expected losses inherent in the Company’s loan portfolio. Management evaluates the adequacy of the allowance on a quarterly basis. Management monitors its entire loan portfolio regularly, with consideration given to detailed analysis of classified loans, repayment patterns, past loss experience, various types of concentrations of credit, current economic conditions, and reasonable and supportable forecasts. Additions to the allowance are charged to expense and realized losses, net of recoveries, are charged against the allowance. The loan loss estimation process involves procedures to appropriately consider the unique characteristics of the Company’s loan portfolio segments. These segments are further disaggregated into loan risk ratings, the level at which credit risk is monitored. When computing allowance levels, credit loss assumptions are estimated using a model that categorizes loan pools based on expected loss history, delinquency status and other credit trends and risk characteristics, including current conditions and reasonable and supportable forecasts about the future. Determining the appropriateness of the allowance is complex and requires judgment by management about the effect of matters that are inherently uncertain. In future periods, evaluations of the overall loan portfolio, in light of the factors and forecasts then prevailing, may result in significant changes in the allowance and provision for credit losses in those future periods. Credit quality is assessed and monitored by evaluating various attributes and the results of those evaluations are utilized in our process for estimation of expected credit losses. The allowance level is influenced by loan volumes, loan risk rating migration, historic loss experience and other conditions influencing loss expectations, such as reasonable and supportable forecasts of economic conditions. The methodology for estimating the amount of expected credit losses reported in the allowance for credit losses has two basic components: (1) an asset-specific component involving individual loans that do not share risk characteristics with other loans and the measurement of expected credit losses for such individual loans; and (2) a pooled component for estimated expected credit losses for pools of loans that share similar risk characteristics. Loans that do not share similar credit risk characteristics For a loan that does not share risk characteristics with other loans, expected credit loss is measured based on net realizable value, that is, the difference between the discounted value of the expected future cash flows, based on the original effective interest rate, and the amortized cost basis of the loan. For these loans, the Company recognizes expected credit loss equal to the amount by which the net realizable value of the loan is less than the amortized cost basis of the loan (which is net of previous charge-offs), except when the loan is collateral dependent, that is, when the borrower is experiencing financial difficulty and repayment is expected to be provided substantially through the operation or sale of the collateral. In these cases, expected credit loss is measured as the difference between the amortized cost basis of the loan and the fair value of the collateral. The fair value of the collateral is adjusted for the estimated costs to sell the loan if repayment or satisfaction of a loan is dependent on the sale (rather than only on the operation) of the collateral. The fair value of real estate collateral is determined based on recent appraised values. Appraisals are performed by certified general appraisers (for commercial properties) or certified residential appraisers (for residential properties) whose qualifications and licenses have been reviewed and verified by the Company. All appraisals undergo a second review process to ensure that the methodology employed and the values derived are reasonable. Generally, collateral values for real estate loans for which measurement of expected losses is dependent on collateral values are updated every twelve months. Non-real estate collateral may be valued using an appraisal, net book value per the borrower’s financial statements, or aging reports, adjusted or discounted based on management’s historical knowledge, changes in market conditions from the time of the valuation and management’s expertise and knowledge of the borrower and its business. Once the expected credit loss amount is determined, an allowance is provided for equal to the calculated expected credit loss and included in the allowance for credit losses. Pursuant to the Company’s policy, credit losses must be charged-off in the period the loans, or portions thereof, are deemed uncollectable. Loans that share similar credit risk characteristics In estimating the component of the allowance for credit losses for loans that share similar risk characteristics with other loans, such loans are segmented into loan types. Loans are designated into loan pools with similar risk characteristics based on product type in conjunction with other homogeneous characteristics. Loan types include commercial real estate mortgages, owner and non-owner occupied; multi-family mortgage loans; residential real estate mortgages and home equity loans; commercial, industrial and agricultural loans, real estate construction and land loans; and consumer loans. In determining the allowance for credit losses, the Company derives an estimated credit loss assumption from a model that categorizes loan pools based on loan type and further segmented by risk rating. This model is known as Probability of Default/Loss Given Default, utilizing a Transition Matrix approach. This model calculates an expected loss percentage for each loan pool by considering the probability of default, based upon the historical transition or migration of loans from performing (various pass ratings) to criticized, and classified risk ratings to default by risk rating buckets using life-of-loan analysis runout periods for all loan segments, and the historical severity of loss, based on the aggregate net lifetime losses (loss given default) per loan pool. The default trigger, which is defined as the earlier of ninety days past-due or non-accrual status, and severity factors used to calculate the allowance for credit losses for loans in pools that share similar risk characteristics with other loans, are adjusted for differences between the historical period used to calculate historical default and loss severity rates and expected conditions over the remaining lives of the loans in the portfolio. These factors include: (1) lending policies and procedures; (2) international, national, regional and local economic business conditions and developments that affect the collectability of the portfolio, including the condition of various markets; (3) the nature and volume of the loan portfolio including the terms of the loans; (4) the experience, ability, and depth of the lending management and other relevant staff; (5) the volume and severity of past due and adversely classified or graded loans and the volume of non-accrual loans; (6) the quality of our loan review system; (7) the value of underlying collateral for collateralized loans; (8) the existence and effect of any concentrations of credit, and changes in the level of such concentrations; and (9) the effect of external factors such as competition and legal and regulatory requirements on the level of estimated credit losses in the existing portfolio. Such factors are used to adjust the historical probabilities of default and severity of loss for current conditions that are not reflective of the model results. In addition, the economic factor includes management expectation of future conditions based on a reasonable and supportable forecast of the economy. To the extent the lives of the loans in the portfolio extend beyond the period for which a reasonable and supportable forecast can be made (currently two years), the Bank reverts immediately back to the historical rates of default and severity of loss. Management believes that this transition approach to the Probability of Default/Loss Given Default is a relevant calculation of expected credit losses as there is sufficient volume as well as movement in the risk ratings due to the initial grading system as well as timely updates to risk ratings when necessary. Credit risk ratings are based on management’s evaluation of a credit’s cash flow, collateral, guarantor support, financial disclosures, industry trends and strength of borrowers’ management. Future additions or reductions to the allowance may be necessary based on changes in economic, market or other conditions. Changes in estimates could result in a material change in the allowance. In addition, various regulatory agencies, as an integral part of the examination process, periodically review the allowance for credit losses. Such agencies may require the Bank to recognize adjustments to the allowance based on their judgments of the information available to them at the time of their examination. A loan is considered a potential charge-off when it is in default of either principal or interest for a period of 90, 120 or 180 days, depending upon the loan type, as of the end of the prior month. In addition to delinquency criteria, other triggering events may include, but are not limited to, notice of bankruptcy by the borrower or guarantor, death of the borrower, and deficiency balance from the sale of collateral. Unless otherwise noted, the above policy is applied consistently to all loan portfolio segments. Loan Commitments and Related Financial Instruments Financial instruments include off-balance sheet credit instruments, such as unused lines of credit, commitments to make loans and commercial letters of credit, issued to meet customer financing needs. The face amount for these items represents the exposure to loss, before considering customer collateral or ability to repay. Such financial instruments are recorded on the balance sheet when they are funded. In accordance with the CECL Standard, the Company maintains a separate reserve for off-balance sheet credit instruments, which is included in other liabilities on the consolidated statements of financial condition. Management estimates the amount of expected losses by calculating a commitment usage factor over the contractual period for exposures that are not unconditionally cancellable by the Company and applying the loss factors, current conditions and forecasting adjustments used in the allowance for credit loss methodology to the results of the usage calculation to estimate the liability for credit losses related to unfunded commitments for each loan type. No credit loss estimate is reported for off-balance sheet credit exposures that are unconditionally cancellable by the Company. At September 30, 2020, the reserve for off-balance sheet credit exposures was immaterial to the Company’s consolidated statements of financial condition and results of operations. The following table sets forth the major classifications of loans: (In thousands) September 30, 2020 December 31, 2019 Commercial real estate mortgage loans: Owner occupied $ 532,597 $ 531,088 Non-owner occupied 1,097,290 1,034,599 Multi-family mortgage loans 853,263 812,174 Residential real estate mortgage loans 449,984 493,144 Commercial, industrial and agricultural loans 1,631,167 679,444 Real estate construction and land loans 66,826 97,311 Installment/consumer loans 22,520 24,836 Total loans 4,653,647 3,672,596 Net deferred loan (fees) costs (14,174) 7,689 Total loans held for investment 4,639,473 3,680,285 Allowance for credit losses (43,474) (32,786) Loans, net $ 4,595,999 $ 3,647,499 Included in commercial, industrial and agricultural loans at September 30, 2020 was $960.4 million of Paycheck Protection Program (“PPP”) loans. The shift from net deferred loan costs at December 31, 2019 to net deferred loan fees at September 30, 2020 was the result of the net deferred loan fees associated with the PPP loans. Accrued interest receivable on loans totaling $14.0 million at September 30, 2020 and $8.7 million at December 31, 2019 was included in other assets in the consolidated balance sheet and excluded from the table above. The increase in accrued interest receivable from December 31, 2019 relates primarily to accrued interest on PPP loans. As of September 30, 2020 and December 31, 2019, one commercial real estate (“CRE”) mortgage loan totaling $10.0 million and $12.6 million, respectively, was classified as held for sale. The loan was reclassified from loans held for investment to loans held for sale and written down from $16.3 million to the loan’s estimated fair value of $12.6 million, as of June 30, 2019, through a $3.7 million charge-off during the 2019 second quarter. During the 2020 second quarter, an additional write-down was recognized for the decrease in the estimated fair value of the loan by $2.6 million to $10.0 million through a valuation allowance which was charged against non-interest income in the consolidated statements of income. Lending Risk The principal business of the Bank is lending in CRE mortgage loans, multi-family mortgage loans, residential real estate mortgage loans, construction loans, home equity loans, commercial, industrial and agricultural loans, land loans and consumer loans. The Bank considers its primary lending area to be Nassau and Suffolk Counties located on Long Island and the New York City boroughs. A substantial portion of the Bank's loans are secured by real estate in these areas. Accordingly, the ultimate collectability of the loan portfolio is susceptible to changes in market and economic conditions in this region. Commercial Real Estate Mortgages Loans in this classification include income producing investment properties and owner-occupied real estate used for business purposes. The underlying properties are located largely in the Bank's primary market area. The cash flows of the income producing investment properties are adversely impacted by a downturn in the economy as evidenced by increased vacancy rates, which in turn, will have an effect on credit quality. Generally, management seeks to obtain annual financial information for borrowers with loans in excess of $1.0 million in this category. In the case of owner-occupied real estate used for business purposes, a weakened economy and resultant decreased consumer and/or business spending will have an adverse effect on credit quality. Multi-Family Mortgages Loans in this classification include income producing residential investment properties of five or more families. Loans are made to established owners with a proven and demonstrable record of strong performance. Loans are secured by a first mortgage lien on the subject property with a loan to value ratio generally not exceeding 75%. Repayment is derived generally from the rental income generated from the property and may be supplemented by the owners' personal cash flow. Credit risk arises with an increase in vacancy rates, property mismanagement and the predominance of non-recourse loans that are customary in the industry. Residential Real Estate Mortgages and Home Equity Loans Loans in these classifications are generally secured by owner-occupied residential real estate and repayment is dependent on the credit quality of the individual borrower. The overall health of the economy, including unemployment rates and housing prices, can have an effect on the credit quality in this loan class. The Bank generally does not originate loans with a loan-to-value ratio greater than 80% and does not grant subprime loans. Commercial, Industrial and Agricultural Loans Loans in this classification are made to businesses and include term loans, lines of credit, senior secured loans to corporations, equipment financing and taxi medallion loans. Generally, these loans are secured by assets of the business and repayment is expected from the cash flows of the business. A weakened economy, and resultant decreased consumer and/or business spending, will have an effect on the credit quality in this loan class. Real Estate Construction and Land Loans Loans in this classification primarily include land loans to local individuals, contractors and developers for developing the land for sale or for the purpose of making improvements thereon. Repayment is derived primarily from sale of the lots/units including any pre-sold units. Credit risk is affected by market conditions, time to sell at an adequate price and cost overruns. To a lesser extent, this class includes commercial development projects that the Company finances, which in most cases require interest only during construction, and then convert to permanent financing. Construction delays, cost overruns, market conditions and the availability of permanent financing, to the extent such permanent financing is not being provided by the Bank, all affect the credit risk in this loan class. Installment and Consumer Loans Loans in this classification may be either secured or unsecured. Repayment is dependent on the credit quality of the individual borrower and, if applicable, sale of the collateral securing the loan, such as automobiles. Therefore, the overall health of the economy, including unemployment rates and housing prices, will have an effect on the credit quality in this loan class. Credit Quality Indicators The Company categorizes loans into risk categories of pass, watch, special mention, substandard and doubtful based on relevant information about the ability of borrowers to service their debt including repayment patterns, past loss experience, current economic conditions, and various types of concentrations of credit. Assigned risk rating grades are continuously updated as new information is obtained. Loans risk rated special mention, substandard and doubtful are reviewed on a quarterly basis. The Company uses the following definitions for risk rating grades: Pass: Watch: Special mention: Substandard: Doubtful: The following tables represent loans categorized by internally assigned risk grades as of September 30, 2020 and December 31, 2019. In the September 30, 2020 table, the years noted represent the year of origination for non-revolving loans. September 30, 2020 (In thousands) 2020 2019 2018 2017 2016 2015 and Prior Revolving Revolving-Term Total Commercial real estate owner occupied: Pass $ 69,830 $ 91,050 $ 48,771 $ 66,855 $ 25,485 $ 156,047 $ — $ — $ 458,038 Watch 755 1,380 10,172 10,809 3,456 27,372 — — 53,944 Special mention — 553 598 10,918 3,525 3,837 — — 19,431 Substandard 472 — — 451 — 261 — — 1,184 Total commercial real estate owner occupied 71,057 92,983 59,541 89,033 32,466 187,517 — — 532,597 Commercial real estate non-owner occupied: Pass 152,235 253,987 120,314 185,936 55,868 240,773 — — 1,009,113 Watch 5,292 7,700 2,930 10,783 17,976 33,128 — — 77,809 Special mention — — — — — 290 — — 290 Substandard — — — 9,006 — 1,072 — — 10,078 Total commercial real estate non-owner occupied 157,527 261,687 123,244 205,725 73,844 275,263 — — 1,097,290 Multi-family: Pass 106,693 294,605 40,993 99,331 134,851 113,283 — — 789,756 Watch — 2,724 — 23,634 23,851 12,906 — — 63,115 Special mention — — — — — 392 — — 392 Substandard — — — — — — — — — Total multi-family 106,693 297,329 40,993 122,965 158,702 126,581 — — 853,263 Residential real estate: Pass 15,706 32,035 76,905 100,094 27,184 116,745 51,751 7,800 428,220 Watch — 466 408 323 562 1,751 — 1,281 4,791 Special mention — 1,108 762 — — 5,722 798 718 9,108 Substandard — — 305 481 — 6,215 — 864 7,865 Total residential real estate 15,706 33,609 78,380 100,898 27,746 130,433 52,549 10,663 449,984 Commercial, industrial and agricultural: Pass 1,025,066 73,283 39,742 33,565 21,057 36,261 279,990 5,898 1,514,862 Watch 8,513 2,926 12,960 3,018 1,199 3,541 39,957 1,568 73,682 Special mention 650 523 759 771 56 764 14,055 2,825 20,403 Substandard — — 4,767 3,759 471 9,454 200 3,569 22,220 Total commercial, industrial and agricultural 1,034,229 76,732 58,228 41,113 22,783 50,020 334,202 13,860 1,631,167 Real estate construction and land loans: Pass 18,833 23,547 8,242 11,406 — 1,778 — — 63,806 Watch — — — 1,551 — 274 — — 1,825 Special mention — — 1,078 — — — — — 1,078 Substandard — — — — — 117 — — 117 Total real estate construction and land loans 18,833 23,547 9,320 12,957 — 2,169 — — 66,826 Installment/consumer loans Pass 1,272 927 189 111 1 855 17,600 550 21,505 Watch — — — — — — — 41 41 Special mention — — — — — — — 100 100 Substandard — — — 4 — — 50 820 874 Total installment/consumer loans 1,272 927 189 115 1 855 17,650 1,511 22,520 Total Loans $ 1,405,317 $ 786,814 $ 369,895 $ 572,806 $ 315,542 $ 772,838 $ 404,401 $ 26,034 $ 4,653,647 December 31, 2019 (In thousands) Pass Special Mention Substandard Doubtful Total Commercial real estate: Owner occupied $ 511,444 $ 18,426 $ 1,218 $ — $ 531,088 Non-owner occupied 1,022,208 — 12,391 — 1,034,599 Multi-family 811,770 404 — — 812,174 Residential real estate 475,949 12,400 4,795 — 493,144 Commercial, industrial and agricultural 643,413 15,670 20,361 — 679,444 Real estate construction and land loans 95,530 — 1,781 — 97,311 Installment/consumer loans 23,976 103 757 — 24,836 Total loans $ 3,584,290 $ 47,003 $ 41,303 $ — $ 3,672,596 Past Due and Non-accrual Loans The following tables represents the aging of past due loans as of September 30, 2020 and December 31, 2019: September 30, 2020 90+ Days Non-accrual 30-59 60-89 Past Due Including 90 Total Past Days Days And Days or More Due and (In thousands) Past Due Past Due Accruing Past Due Non-accrual Current Total Loans Commercial real estate: Owner occupied $ 442 $ 1,025 $ — $ 1,653 $ 3,120 $ 529,477 $ 532,597 Non-owner occupied — 14 — 746 760 1,096,530 1,097,290 Multi-family — — — — — 853,263 853,263 Residential real estate 5,220 349 — 3,032 8,601 441,383 449,984 Commercial, industrial and agricultural 2,788 743 — 1,506 5,037 1,626,130 1,631,167 Real estate construction and land loans — — — 117 117 66,709 66,826 Installment/consumer loans 101 — — 10 111 22,409 22,520 Total loans $ 8,551 $ 2,131 $ — $ 7,064 $ 17,746 $ 4,635,901 $ 4,653,647 In the absence of other intervening factors, loans granted payment deferrals related to COVID-19 are not reported as past due or placed on non-accrual status provided the borrowers have met the criteria in the CARES Act or otherwise have met the criteria included in an interagency statement issued by bank regulatory agencies. During the nine months ended September 30, 2020, there was no interest earned on non-accrual loans and $151 thousand in accrued interest on non-accrual loans was reversed through interest income. December 31, 2019 90+ Days Non-accrual 30-59 60-89 Past Due Including 90 Total Past Days Days And Days or More Due and (In thousands) Past Due Past Due Accruing Past Due Non-accrual Current Total Loans Commercial real estate: Owner occupied $ 917 $ 433 $ — $ 225 $ 1,575 $ 529,513 $ 531,088 Non-owner occupied 98 — — 512 610 1,033,989 1,034,599 Multi-family — — — — — 812,174 812,174 Residential real estate 3,053 747 343 2,743 6,886 486,258 493,144 Commercial, industrial and agricultural 273 721 — 736 1,730 677,714 679,444 Real estate construction and land loans — — — 123 123 97,188 97,311 Installment/consumer loans 124 — — 30 154 24,682 24,836 Total loans $ 4,465 $ 1,901 $ 343 $ 4,369 $ 11,078 $ 3,661,518 $ 3,672,596 There was no other real estate owned at September 30, 2020 and December 31, 2019. Troubled Debt Restructurings The terms of certain loans were modified and are considered TDRs. The modification of the terms of such loans generally includes one or a combination of the following: a reduction of the stated interest rate of the loan; an extension of the maturity date at a stated rate of interest lower than the current market rate for new debt with similar risk; or a permanent reduction of the recorded investment in the loan. The modification of these loans involved loans to borrowers who were experiencing financial difficulties. In order to determine whether a borrower is experiencing financial difficulty, an evaluation is performed to determine if that borrower is currently in payment default under any of its obligations or whether there is a probability that the borrower will be in payment default on any of its debt in the foreseeable future without the modification. The following table presents loans modified as TDRs during the periods indicated: Modifications During the Three Months Ended September 30, 2020 2019 Pre- Post- Pre- Post- Modification Modification Modification Modification Outstanding Outstanding Outstanding Outstanding Number of Recorded Recorded Number of Recorded Recorded (Dollars in thousands) Loans Investment Investment Loans Investment Investment Commercial real estate: Owner occupied — $ — $ — 2 $ 7,427 $ 7,427 Non-owner occupied — — — — — — Residential real estate — — — 1 338 338 Commercial, industrial and agricultural — — — 7 8,378 8,378 Installment/consumer loans — — — — — — Total — $ — $ — 10 $ 16,143 $ 16,143 Modifications During the Nine Months Ended September 30, 2020 2019 Pre- Post- Pre- Post- Modification Modification Modification Modification Outstanding Outstanding Outstanding Outstanding Number of Recorded Recorded Number of Recorded Recorded (Dollars in thousands) Loans Investment Investment Loans Investment Investment Commercial real estate: Owner occupied — $ — $ — 2 $ 7,427 $ 7,427 Non-owner occupied — — — — — — Residential real estate — — — 1 338 338 Commercial, industrial and agricultural 2 1,057 1,057 12 12,521 12,521 Installment/consumer loans — — — — — — Total 2 $ 1,057 $ 1,057 15 $ 20,286 $ 20,286 During the nine months ended September 30, 2020, there were four charge-offs totaling $1.7 million relating to TDRs and there was one loan modified as a TDR for which there was a payment default within twelve months following the modification. During the nine months ended September 30, 2019, there were three charge-offs totaling $84 thousand relating to TDRs and there were three loans modified as a TDR for which there was a payment default within twelve months following the modification. A loan is considered to be in payment default once it is 30 days contractually past d |