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Loans and Leases | 9 Months Ended
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Sep. 30, 2021
Receivables [Abstract] |
Loans and Leases | Note 5. Loans and Leases The following table sets forth the composition of the loan portfolio at the dates indicated:
|  | September 30, 2021 |  |  | December 31, 2020 |  |
(dollars in millions) |  | Amount |  |  | Percent of Loans Held for Investment |  |  | Amount |  |  | Percent of Loans Held for Investment |  |
Loans and Leases Held for Investment: |  |  |  |  |  |  |  |  |  |  |  |  |
Mortgage Loans: |  |  |  |  |  |  |  |  |  |  |  |  |
Multi-family |  | $ | 32,838 |  |  |  | 75.27 |  | % | $ | 32,236 |  |  |  | 75.28 |  | %
Commercial real estate |  |  | 6,715 |  |  |  | 15.39 |  |  |  | 6,836 |  |  |  | 15.96 |  |
One-to-four family |  |  | 170 |  |  |  | 0.39 |  |  |  | 236 |  |  |  | 0.55 |  |
Acquisition, development, and construction |  |  | 198 |  |  |  | 0.45 |  |  |  | 90 |  |  |  | 0.21 |  |
Total mortgage loans held for investment(1) |  | $ | 39,921 |  |  |  | 91.50 |  |  | $ | 39,398 |  |  |  | 92.00 |  |
Other Loans: |  |  |  |  |  |  |  |  |  |  |  |  |
Commercial and industrial |  |  | 1,936 |  |  |  | 4.44 |  |  |  | 1,682 |  |  |  | 3.93 |  |
Lease financing, net of unearned income of $98 and $116, respectively |  |  | 1,768 |  |  |  | 4.05 |  |  |  | 1,735 |  |  |  | 4.05 |  |
Total commercial and industrial loans (2) |  |  | 3,704 |  |  |  | 8.49 |  |  |  | 3,417 |  |  |  | 7.98 |  |
Other |  |  | 6 |  |  |  | 0.01 |  |  |  | 7 |  |  |  | 0.02 |  |
Total other loans held for investment(1) |  |  | 3,710 |  |  |  | 8.50 |  |  |  | 3,424 |  |  |  | 8.00 |  |
Total loans and leases held for investment |  | $ | 43,631 |  |  |  | 100.00 |  | % | $ | 42,822 |  |  |  | 100.00 |  | %
Net deferred loan origination costs |  |  | 56 |  |  |  |  |  |  | 62 |  |  |  |  |
Allowance for credit losses loans and leases |  |  | (200 | ) |  |  |  |  |  | (194 | ) |  |  |  |
Total loans and leases held for investment, net |  | $ | 43,487 |  |  |  |  |  | $ | 42,690 |  |  |  |  |
Loans held for sale (3) |  |  | - |  |  |  |  |  |  | 117 |  |  |  |  |
Total loans and leases, net |  | $ | 43,487 |  |  |  |  |  | $ | 42,807 |  |  |  |  |
(1) Excludes accrued interest receivable of $207 million and $219 million at September 30, 2021 and December 31, 2020, respectively, which is included in other assets in the Consolidated Statements of Condition. (2) Includes specialty finance loans and leases of $3.1 billion and $3.0 billion, respectively, at September 30, 2021 and December 31, 2020, and other C&I loans of $561 million and $393 million, respectively, at September 30, 2021 and December 31, 2020. (3) Includes deferred loan origination fees of $2 million at December 31, 2020. Loans Held for Investment The majority of the loans the Company originates for investment are multi-family loans, most of which are collateralized by non-luxury apartment buildings in New York City with rent-regulated units and below-market rents. In addition, the Company originates CRE loans, most of which are collateralized by income-producing properties such as office buildings, retail centers, mixed-use buildings, and multi-tenanted light industrial properties that are located in New York City and on Long Island. To a lesser extent, the Company also originates ADC loans for investment. One-to-four family loans held for investment were originated through the Company’s former mortgage banking operation and primarily consisted of jumbo adjustable rate mortgages made to borrowers with a solid credit history. ADC loans are primarily originated for multi-family and residential tract projects in New York City and on Long Island. C&I loans consist of asset-based loans, equipment loans and leases, and dealer floor-plan loans (together, specialty finance loans and leases) that generally are made to large corporate obligors, many of which are publicly traded, carry investment grade or near-investment grade ratings, and participate in stable industries nationwide; and other C&I loans that primarily are made to small and mid-size businesses in Metro New York. Other C&I loans are typically made for working capital, business expansion, and the purchase of machinery and equipment. The repayment of multi-family and CRE loans generally depends on the income produced by the underlying properties which, in turn, depends on their successful operation and management. To mitigate the potential for credit losses, the Company underwrites its loans in accordance with credit standards it considers to be prudent, looking first at the consistency of the cash flows being produced by the underlying property. In addition, multi-family buildings, CRE properties, and ADC projects are inspected as a prerequisite to approval, and independent appraisers, whose appraisals are carefully reviewed by the Company’s in-house appraisers, perform appraisals on the collateral properties. In many cases, a second independent appraisal review is performed. To further manage its credit risk, the Company’s lending policies limit the amount of credit granted to any one borrower and typically require conservative debt service coverage ratios and loan-to-value ratios. Nonetheless, the ability of the Company’s borrowers to repay these loans may be impacted by adverse conditions in the local real estate market and the local economy. Accordingly, there can be no assurance that its underwriting policies will protect the Company from credit-related losses or delinquencies. ADC loans typically involve a higher degree of credit risk than loans secured by improved or owner-occupied real estate. Accordingly, borrowers are required to provide a guarantee of repayment and completion, and loan proceeds are disbursed as construction progresses, as certified by in-house inspectors or third-party engineers. The Company seeks to minimize the credit risk on ADC loans by maintaining conservative lending policies and rigorous underwriting standards. However, if the estimate of value proves to be inaccurate, the cost of completion is greater than expected, or the length of time to complete and/or sell or lease the collateral property is greater than anticipated, the property could have a value upon completion that is insufficient to assure full repayment of the loan. This could have a material adverse effect on the quality of the ADC loan portfolio, and could result in losses or delinquencies. In addition, the Company utilizes the same stringent appraisal process for ADC loans as it does for its multi-family and CRE loans. To minimize the risk involved in specialty finance lending and leasing, the Company participates in syndicated loans that are brought to it, and equipment loans and leases that are assigned to it, by a select group of nationally recognized sources who have long-term relationships with its experienced lending officers. Each of these credits is secured with a perfected first security interest in or outright ownership of the underlying collateral, and structured as senior debt or as a non-cancelable lease. To further minimize the risk involved in specialty finance lending and leasing, each transaction is re-underwritten. In addition, outside counsel is retained to conduct a further review of the underlying documentation. To minimize the risks involved in other C&I lending, the Company underwrites such loans on the basis of the cash flows produced by the business; requires that such loans be collateralized by various business assets, including inventory, equipment, and accounts receivable, among others; and typically requires personal guarantees. However, the capacity of a borrower to repay such a C&I loan is substantially dependent on the degree to which the business is successful. In addition, the collateral underlying such loans may depreciate over time, may not be conducive to appraisal, or may fluctuate in value, based upon the results of operations of the business. Included in loans held for investment at September 30, 2021 and December 31, 2020, were loans of $7 million and $38 million, respectively, to certain officers, directors, and their related interests and parties. There were no loans to principal shareholders at that date. Asset Quality A loan generally is classified as a non-accrual loan when it is 90 days or more past due or when it is deemed to be impaired because the Company no longer expects to collect all amounts due according to the contractual terms of the loan agreement. When a loan is placed on non-accrual status, management ceases the accrual of interest owed, and previously accrued interest is charged against interest income. A loan is generally returned to accrual status when the loan is current and management has reasonable assurance that the loan will be fully collectible. Interest income on non-accrual loans is recorded when received in cash. At September 30, 2021 and December 31, 2020, all of our non-performing loans were non-accrual loans. The following table presents information regarding the quality of the Company’s loans held for investment at September 30, 2021:
(dollars in millions) |  | Loans 30-89 Days Past Due |  |  | Non- Accrual Loans |  |  | Loans 90 Days or More Delinquent and Still Accruing Interest |  |  | Total Past Due Loans |  |  | Current Loans |  |  | Total Loans Receivable |
Multi-family |  | $ | 426 |  |  | $ | 8 |  |  | $ | — |  |  | $ | 434 |  |  | $ | 32,404 |  |  | $ | 32,838 |
Commercial real estate |  |  | 11 |  |  |  | 12 |  |  |  | — |  |  |  | 23 |  |  |  | 6,692 |  |  |  | 6,715 |
One-to-four family |  |  | 10 |  |  |  | 1 |  |  |  | — |  |  |  | 11 |  |  |  | 159 |  |  |  | 170 |
Acquisition, development, and construction |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  |  | 198 |  |  |  | 198 |
Commercial and industrial(1) (2) |  |  | — |  |  |  | 7 |  |  |  | — |  |  |  | 7 |  |  |  | 3,697 |  |  |  | 3,704 |
Other |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  |  | 6 |  |  |  | 6 |
Total loans and leases held for investment |  | $ | 447 |  |  | $ | 28 |  |  | $ | — |  |  | $ | 475 |  |  | $ | 43,156 |  |  | $ | 43,631 |
(1) Includes $7 million of taxi medallion-related loans that were 90 days or more past due. There were no taxi medallion-related loans that were 30 to 89 days past due. (2) Includes lease financing receivables, all of which were current. The following table presents information regarding the quality of the Company’s loans held for investment at December 31, 2020:
(dollars in millions) |  | Loans 30-89 Days Past Due |  |  | Non- Accrual Loans |  |  | Loans 90 Days or More Delinquent and Still Accruing Interest |  |  | Total Past Due Loans |  |  | Current Loans |  |  | Total Loans Receivable |
Multi-family |  | $ | 4 |  |  | $ | 4 |  |  | $ | — |  |  | $ | 8 |  |  | $ | 32,228 |  |  | $ | 32,236 |
Commercial real estate |  |  | 10 |  |  |  | 12 |  |  |  | — |  |  |  | 22 |  |  |  | 6,814 |  |  |  | 6,836 |
One-to-four family |  |  | 2 |  |  |  | 2 |  |  |  | — |  |  |  | 4 |  |  |  | 232 |  |  |  | 236 |
Acquisition, development, and construction |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  |  | 90 |  |  |  | 90 |
Commercial and industrial(1) (2) |  |  | — |  |  |  | 20 |  |  |  | — |  |  |  | 20 |  |  |  | 3,397 |  |  |  | 3,417 |
Other |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  |  | 7 |  |  |  | 7 |
Total |  | $ | 16 |  |  | $ | 38 |  |  | $ | — |  |  | $ | 54 |  |  | $ | 42,768 |  |  | $ | 42,822 |
(1) Includes $19 million of taxi medallion-related loans that were 90 days or more past due. There were no taxi medallion-related loans that were 30 to 89 days past due. (2) Includes lease financing receivables, all of which were current. The following table summarizes the Company’s portfolio of loans held for investment by credit quality indicator at September 30, 2021:
|  | Mortgage Loans |  |  | Other Loans |
(dollars in millions) |  | Multi- Family |  |  | Commercial Real Estate |  |  | One-to- Four Family |  |  | Acquisition, Development, and Construction |  |  | Total Mortgage Loans |  |  | Commercial and Industrial(1) |  |  | Other |  |  | Total Other Loans |
Credit Quality Indicator: |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |
Pass |  | $ | 31,128 |  |  | $ | 5,905 |  |  | $ | 147 |  |  | $ | 193 |  |  | $ | 37,373 |  |  | $ | 3,647 |  |  | $ | 6 |  |  | $ | 3,653 |
Special mention |  |  | 1,146 |  |  |  | 619 |  |  |  | 14 |  |  |  | 5 |  |  |  | 1,784 |  |  |  | 3 |  |  |  | — |  |  |  | 3 |
Substandard |  |  | 564 |  |  |  | 191 |  |  |  | 9 |  |  |  | — |  |  |  | 764 |  |  |  | 54 |  |  |  | — |  |  |  | 54 |
Doubtful |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |
Total |  | $ | 32,838 |  |  | $ | 6,715 |  |  | $ | 170 |  |  | $ | 198 |  |  | $ | 39,921 |  |  | $ | 3,704 |  |  | $ | 6 |  |  | $ | 3,710 |
(1) Includes lease financing receivables, all of which were classified as Pass. The following table summarizes the Company’s portfolio of loans held for investment by credit quality indicator at December 31, 2020:
|  | Mortgage Loans |  |  | Other Loans |
(dollars in millions) |  | Multi- Family |  |  | Commercial Real Estate |  |  | One-to- Four Family |  |  | Acquisition, Development, and Construction |  |  | Total Mortgage Loans |  |  | Commercial and Industrial(1) |  |  | Other |  |  | Total Other Loans |
Credit Quality Indicator: |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |
Pass |  | $ | 31,220 |  |  | $ | 5,884 |  |  | $ | 222 |  |  | $ | 68 |  |  | $ | 37,394 |  |  | $ | 3,388 |  |  | $ | 7 |  |  | $ | 3,395 |
Special mention |  |  | 567 |  |  |  | 637 |  |  |  | 12 |  |  |  | 22 |  |  |  | 1,238 |  |  |  | 3 |  |  |  | — |  |  |  | 3 |
Substandard |  |  | 449 |  |  |  | 315 |  |  |  | 2 |  |  |  | — |  |  |  | 766 |  |  |  | 26 |  |  |  | — |  |  |  | 26 |
Doubtful |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |
Total |  | $ | 32,236 |  |  | $ | 6,836 |  |  | $ | 236 |  |  | $ | 90 |  |  | $ | 39,398 |  |  | $ | 3,417 |  |  | $ | 7 |  |  | $ | 3,424 |
(1) Includes lease financing receivables, all of which were classified as Pass. The preceding classifications are the most current ones available and generally have been updated within the last twelve months. In addition, they follow regulatory guidelines and can generally be described as follows: pass loans are of satisfactory quality; special mention loans have potential weaknesses that deserve management’s close attention; substandard loans are inadequately protected by the current net worth and paying capacity of the borrower or of the collateral pledged (these loans have a well-defined weakness and there is a possibility that the Company will sustain some loss); and doubtful loans, based on existing circumstances, have weaknesses that make collection or liquidation in full highly questionable and improbable. The following table presents, by credit quality indicator, loan class, and year of origination, the amortized cost basis of the Company’s loans and leases as of September 30, 2021.
(dollars in millions) |  | Vintage Year |
Risk Rating Group |  | 2021 |  |  | 2020 |  |  | 2019 |  |  | 2018 |  |  | 2017 |  |  | Prior To 2017 |  |  | Revolving Loans |  |  | Total |
Pass |  | $ | 6,196 |  |  | $ | 9,374 |  |  | $ | 5,912 |  |  | $ | 4,948 |  |  | $ | 3,446 |  |  | $ | 7,508 |  |  | $ | 17 |  |  | $ | 37,401 |
Special Mention |  |  | — |  |  |  | 90 |  |  |  | 280 |  |  |  | 363 |  |  |  | 143 |  |  |  | 908 |  |  |  | — |  |  |  | 1,784 |
Substandard |  |  | — |  |  |  | 17 |  |  |  | 108 |  |  |  | 152 |  |  |  | 111 |  |  |  | 375 |  |  |  | 1 |  |  |  | 764 |
Total mortgage loans |  | $ | 6,196 |  |  | $ | 9,481 |  |  | $ | 6,300 |  |  | $ | 5,463 |  |  | $ | 3,700 |  |  | $ | 8,791 |  |  | $ | 18 |  |  | $ | 39,949 |
Pass |  |  | 651 |  |  |  | 741 |  |  |  | 592 |  |  |  | 98 |  |  |  | 172 |  |  |  | 199 |  |  |  | 1,228 |  |  |  | 3,681 |
Special Mention |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  |  | 3 |  |  |  | 3 |
Substandard |  |  | — |  |  |  | 2 |  |  |  | 2 |  |  |  | 1 |  |  |  | 8 |  |  |  | 15 |  |  |  | 26 |  |  |  | 54 |
Total other loans |  |  | 651 |  |  |  | 743 |  |  |  | 594 |  |  |  | 99 |  |  |  | 180 |  |  |  | 214 |  |  |  | 1,257 |  |  |  | 3,738 |
Total |  | $ | 6,847 |  |  | $ | 10,224 |  |  | $ | 6,894 |  |  | $ | 5,562 |  |  | $ | 3,880 |  |  | $ | 9,005 |  |  | $ | 1,275 |  |  | $ | 43,687 |
When management determines that foreclosure is probable, expected credit losses are based on the fair value of the collateral adjusted for selling costs. When the borrower is experiencing financial difficulty at the reporting date and repayment is expected to be provided substantially through the operation or sale of the collateral, the collateral-dependent practical expedient has been elected and expected credit losses are based on the fair value of the collateral at the reporting date, adjusted for selling costs as appropriate. For CRE loans, collateral properties include office buildings, warehouse/distribution buildings, shopping centers, apartment buildings, residential and commercial tract development. The primary source of repayment on these loans is expected to come from the sale, permanent financing or lease of the real property collateral. CRE loans are impacted by fluctuations in collateral values, as well as the ability of the borrower to obtain permanent financing. The following table summarizes the extent to which collateral secures the Company’s collateral-dependent loans held for investment by collateral type as of September 30, 2021:
|  | Collateral Type |
(dollars in millions) |  | Real Property |  |  | Other |
Multi-family |  | $ | 7 |  |  | $ | — |
Commercial real estate |  |  | 27 |  |  |  | — |
One-to-four family |  |  | — |  |  |  | — |
Acquisition, development, and construction |  |  | — |  |  |  | — |
Commercial and industrial |  |  | — |  |  |  | 14 |
Other |  |  | — |  |  |  | — |
Total collateral-dependent loans held for investment |  | $ | 34 |  |  | $ | 14 |
There were no significant changes in the extent to which collateral secures the Company’s collateral-dependent financial assets during the nine months ended September 30, 2021. Troubled Debt Restructurings The Company is required to account for certain loan modifications and restructurings as TDRs. In general, a modification or restructuring of a loan constitutes a TDR if the Company grants a concession to a borrower experiencing financial difficulty. A loan modified as a TDR generally is placed on non-accrual status until the Company determines that future collection of principal and interest is reasonably assured, which requires, among other things, that the borrower demonstrate performance according to the restructured terms for a period of at least six consecutive months. In determining the Company’s allowance for loan and lease losses, reasonably expected TDRs are individually evaluated and consist of criticized, classified, or maturing loans that will have a modification processed within the next three months. In an effort to proactively manage delinquent loans, the Company has selectively extended to certain borrowers concessions such as rate reductions, extension of maturity dates, and forbearance agreements. As of September 30, 2021, loans on which concessions were made with respect to rate reductions and/or extension of maturity dates amounted to $33 million. The CARES Act was enacted on March 27, 2020. Under the CARES Act, the Company made the election to deem that loan modifications do not result in TDRs if they are (1) related to the novel coronavirus disease (“COVID-19”); (2) executed on a loan that was not more than 30 days past due as of December 31, 2019; and (3) executed between March 1, 2020, and the earlier of (A) 60 days after the date of termination of the National Emergency or (B) December 31, 2020. This includes short-term (e.g., up to six months) modifications such as payment deferrals, fee waivers, extensions of repayment terms, or delays in payment that are insignificant. Borrowers considered current are those that are less than 30 days past due on their contractual payments at the time a modification program is implemented. In December 2020, Congress amended the CARES Act through the Consolidated Appropriation Act of 2021, which provided additional COVID-19 relief to American families and businesses, including extending TDR relief under the CARES Act until the earlier of December 31, 2021 or 60 days following the termination of the national emergency. The following table presents information regarding the Company’s TDRs as of September 30, 2021 and December 31, 2020:
|  | September 30, 2021 |  |  | December 31, 2020 |
(dollars in millions) |  | Accruing |  |  | Non- Accrual |  |  | Total |  |  | Accruing |  |  | Non- Accrual |  |  | Total |
Loan Category: |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |
Multi-family |  | $ | — |  |  | $ | 7 |  |  | $ | 7 |  |  | $ | — |  |  | $ | — |  |  | $ | — |
Commercial real estate |  |  | 16 |  |  |  | 3 |  |  |  | 19 |  |  |  | 15 |  |  |  | — |  |  |  | 15 |
One-to-four family |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |
Commercial and industrial(1) |  |  | — |  |  |  | 7 |  |  |  | 7 |  |  |  | — |  |  |  | 19 |  |  |  | 19 |
Total |  | $ | 16 |  |  | $ | 17 |  |  | $ | 33 |  |  | $ | 15 |  |  | $ | 19 |  |  | $ | 34 |
(1) Includes $7 million and $18 million of taxi medallion-related loans at September 30, 2021 and December 31, 2020, respectively. The eligibility of a borrower for work-out concessions of any nature depends upon the facts and circumstances of each loan, which may change from period to period, and involves judgment by Company personnel regarding the likelihood that the concession will result in the maximum recovery for the Company. The financial effects of the Company’s TDRs for the three months ended September 30, 2021 and 2020 are summarized as follows:
|  | For the Three Months Ended September 30, 2021 |
|  |  |  |  |  |  |  |  |  |  | Weighted Average Interest Rate |  |  |  |  |  |  |
(dollars in millions) |  | Number of Loans |  |  | Pre- Modification Recorded Investment |  |  | Post- Modification Recorded Investment |  |  | Pre- Modification |  |  | Post- Modification |  |  | Charge- off Amount |  |  | Capitalized Interest |
Loan Category: |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |
Commercial real estate |  |  | 2 |  |  | $ | 4 |  |  | $ | 4 |  |  |  | 6.00 | % |  |  | 3.55 | % |  | $ | — |  |  | $ | — |
|  | For the Three Months Ended September 30, 2020 |
|  |  |  |  |  |  |  |  |  |  | Weighted Average Interest Rate |  |  |  |  |  |  |
(dollars in millions) |  | Number of Loans |  |  | Pre- Modification Recorded Investment |  |  | Post- Modification Recorded Investment |  |  | Pre- Modification |  |  | Post- Modification |  |  | Charge- off Amount |  |  | Capitalized Interest |
Loan Category: |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |
Commercial and industrial |  |  | 23 |  |  | $ | 5 |  |  | $ | 5 |  |  |  | 1.66 | % |  |  | 1.66 | % |  | $ | — |  |  | $ | — |
The financial effects of the Company’s TDRs for the nine months ended September 30, 2021 and 2020 are summarized as follows:
|  | For the Nine Months Ended September 30, 2021 |
|  |  |  |  |  |  |  |  |  |  | Weighted Average Interest Rate |  |  |  |  |  |  |
(dollars in millions) |  | Number of Loans |  |  | Pre- Modification Recorded Investment |  |  | Post- Modification Recorded Investment |  |  | Pre- Modification |  |  | Post- Modification |  |  | Charge- off Amount |  |  | Capitalized Interest |
Loan Category: |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |
Commercial real estate |  |  | 2 |  |  | $ | 4 |  |  | $ | 4 |  |  |  | 6.00 | % |  |  | 3.55 | % |  | $ | — |  |  | $ | — |
Multi-family |  |  | 1 |  |  |  | 8 |  |  |  | 8 |  |  |  | 3.13 |  |  |  | 3.25 |  |  |  | — |  |  |  | — |
Total |  |  | 3 |  |  | $ | 12 |  |  | $ | 12 |  |  |  | 4.18 |  |  |  | 3.36 |  |  | $ | — |  |  | $ | — |
|  | For the Nine Months Ended September 30, 2020 |
|  |  |  |  |  |  |  |  |  |  | Weighted Average Interest Rate |  |  |  |  |  |  |
(dollars in millions) |  | Number of Loans |  |  | Pre- Modification Recorded Investment |  |  | Post- Modification Recorded Investment |  |  | Pre- Modification |  |  | Post- Modification |  |  | Charge- off Amount |  |  | Capitalized Interest |
Loan Category: |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |
Commercial real estate |  |  | 1 |  |  | $ | 15 |  |  | $ | 15 |  |  |  | 8.00 | % |  |  | 3.50 | % |  | $ | — |  |  | $ | — |
Commercial and industrial |  |  | 42 |  |  |  | 9 |  |  |  | 8 |  |  |  | 2.36 |  |  |  | 2.20 |  |  |  | 1 |  |  |  | — |
Total |  |  | 43 |  |  | $ | 24 |  |  | $ | 23 |  |  |  | 5.91 |  |  |  | 3.08 |  |  | $ | 1 |  |  | $ | — |
At September 30, 2021, no loans have been modified as TDRs that were in payment default during the twelve months ended at that date. At September 30, 2020, 43 C&I loans in the aggregate amount of $6 million that had been modified as TDRs during the twelve months ended at that date and were in payment default. The Company does not consider a payment to be in default when the loan is in forbearance, or otherwise granted a delay of payment, when the agreement to forebear or allow a delay of payment is part of a modification. Subsequent to the modification, the loan is not considered to be in default until payment is contractually past due in accordance with the modified terms. However, the Company may consider a loan with multiple modifications or forbearance periods to be in default, and would consider a loan to be in default if the borrower were in bankruptcy or if the loan were partially charged off subsequent to modification. Management takes into consideration all TDR modifications in determining the appropriate level of the allowance.

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