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Loans Receivable, net
12 Months Ended
Dec. 31, 2012
Receivables [Abstract]  
Loans Receivable, net
Loans Receivable, net

The following is a summary of the Company's loans receivable by class ($ in thousands):

 
As of December 31,
Type of Investment
2012
 
2011
Senior mortgages
$
1,751,256

 
$
2,801,213

Subordinate mortgages
152,737

 
211,491

Corporate/Partnership loans
450,491

 
478,892

Total gross carrying value of loans(1)
$
2,354,484

 
$
3,491,596

Reserves for loan losses
(524,499
)
 
(646,624
)
Total carrying value of loans
$
1,829,985

 
$
2,844,972

Other lending investments—securities

 
15,790

Total loans receivable, net
$
1,829,985

 
$
2,860,762


Explanatory Note:
_______________________________________________________________________________

(1)
The Company's recorded investment in loans as of December 31, 2012 and 2011, was $2.36 billion and $3.50 billion, respectively, which consists of total gross carrying value of loans plus accrued interest of $9.8 million and $13.3 million, for the same two periods, respectively.

During the year ended December 31, 2012, the Company funded $39.6 million of loan investments and received principal repayments of $710.7 million. During the same period, the Company sold loans with a total carrying value of $53.9 million, for which it recognized charge-offs of $3.3 million and also recorded income of $6.4 million in "Other income" on the Company's Consolidated Statements of Operations.

During the year ended December 31, 2012, the Company received title to properties in full or partial satisfaction of non-performing mortgage loans with a gross carrying value of $352.8 million, for which the properties had served as collateral, and recorded charge-offs totaling $85.3 million related to these loans. These properties were recorded as "Real estate, net" or "Real estate available and held for sale" on the Company's Consolidated Balance Sheets (see Note 4).

Reserve for Loan Losses—Changes in the Company's reserve for loan losses were as follows ($ in thousands):

 
For the Years Ended December 31,
 
2012
 
2011
 
2010
Reserve for loan losses at beginning of period
$
646,624

 
$
814,625

 
$
1,417,949

Provision for loan losses
81,740

 
46,412

 
331,487

Charge-offs
(203,865
)
 
(214,413
)
 
(934,811
)
Reserve for loan losses at end of period
$
524,499

 
$
646,624

 
$
814,625



The Company's recorded investment in loans (comprised of a loan's carrying value plus accrued interest) and the associated reserve for loan losses were as follows ($ in thousands):

 
Individually
Evaluated for
Impairment(1)
 
Collectively
Evaluated for
Impairment(2)
 
Loans Acquired
with Deteriorated
Credit Quality(3)
 
Total
As of December 31, 2012
 
 
 
 
 
 
 
Loans
$
1,095,957

 
$
1,210,077

 
$
58,281

 
$
2,364,315

Less: Reserve for loan losses
(472,058
)
 
(33,100
)
 
(19,341
)
 
(524,499
)
Total
$
623,899

 
$
1,176,977

 
$
38,940

 
$
1,839,816

As of December 31, 2011
 
 
 
 
 
 
 
Loans
$
1,525,337

 
$
1,919,876

 
$
59,648

 
$
3,504,861

Less: Reserve for loan losses
(554,131
)
 
(73,500
)
 
(18,993
)
 
(646,624
)
Total
$
971,206

 
$
1,846,376

 
$
40,655

 
$
2,858,237


Explanatory Notes:
_______________________________________________________________________________

(1)
The carrying value of these loans include unamortized discounts, premiums, deferred fees and costs aggregating to a net discount of $4.0 million and a net premium of $0.1 million as of December 31, 2012 and 2011, respectively. The Company's loans individually evaluated for impairment primarily represent loans on non-accrual status and therefore, the unamortized amounts associated with these loans are not currently being amortized into income.
(2)
The carrying value of these loans include unamortized discounts, premiums, deferred fees and costs aggregating to a net discount of $3.8 million and $0.2 million as of December 31, 2012 and 2011, respectively.
(3)
The carrying value of these loans include unamortized discounts, premiums, deferred fees and costs aggregating to a net premium of $0.1 million and a net discount of $15.0 million as of December 31, 2012 and 2011, respectively. These loans had cumulative principal balances of $58.8 million and $74.5 million, as of December 31, 2012 and 2011, respectively.

Credit Characteristics—As part of the Company's process for monitoring the credit quality of its loans, it performs a quarterly loan portfolio assessment and assigns risk ratings to each of its performing loans. The Company's recorded investment in performing loans, presented by class and by credit quality, as indicated by risk rating, was as follows ($ in thousands):

 
As of
 
December 31, 2012
 
December 31, 2011
 
Performing
Loans
 
Weighted
Average
Risk Ratings
 
Performing
Loans
 
Weighted
Average
Risk Ratings
Senior mortgages
$
840,593

 
2.75

 
$
1,514,016

 
3.19

Subordinate mortgages
99,698

 
2.27

 
190,342

 
3.36

Corporate/Partnership loans
444,772

 
3.69

 
472,178

 
3.61

  Total
$
1,385,063

 
3.01

 
$
2,176,536

 
3.29



As of December 31, 2012, the Company's recorded investment in loans, aged by payment status and presented by class, were as follows ($ in thousands):

 
Current
 
Less Than
and Equal
to 90 Days
 
Greater
Than
90 Days
 
Total
Past Due
 
Total
Senior mortgages
$
862,082

 
$
62,768

 
$
830,906

 
$
893,674

 
$
1,755,756

Subordinate mortgages
99,698

 

 
53,979

 
53,979

 
153,677

Corporate/Partnership loans
444,772

 

 
10,110

 
10,110

 
454,882

Total
$
1,406,552

 
$
62,768

 
$
894,995

 
$
957,763

 
$
2,364,315


Impaired Loans—The Company's recorded investment in impaired loans, presented by class, were as follows ($ in thousands)(1):

 
As of December 31, 2012
 
As of December 31, 2011
 
Recorded
Investment
 
Unpaid
Principal
Balance
 
Related
Allowance
 
Recorded
Investment
 
Unpaid
Principal
Balance
 
Related
Allowance
With no related allowance recorded:
 
 
 
 
 
 
 
 
 
 
 
Senior mortgages
$
108,077

 
$
107,850

 
$

 
$
219,488

 
$
218,612

 
$

Corporate/Partnership loans
10,110

 
10,160

 

 
10,110

 
10,160

 

Subtotal
$
118,187

 
$
118,010

 
$

 
$
229,598

 
$
228,772

 
$

With an allowance recorded:
 
 
 
 
 
 
 
 
 
 
 
Senior mortgages
$
918,975

 
$
918,496

 
$
(442,760
)
 
$
1,268,962

 
$
1,263,195

 
$
(540,670
)
Subordinate mortgages
53,979

 
53,679

 
(39,579
)
 
22,480

 
22,558

 
(22,480
)
Corporate/Partnership loans
63,096

 
63,246

 
(9,060
)
 
62,591

 
62,845

 
(9,974
)
Subtotal
$
1,036,050

 
$
1,035,421

 
$
(491,399
)
 
$
1,354,033

 
$
1,348,598

 
$
(573,124
)
Total:
 
 
 
 
 
 
 
 
 
 
 
Senior mortgages
$
1,027,052

 
$
1,026,346

 
$
(442,760
)
 
$
1,488,450

 
$
1,481,807

 
$
(540,670
)
Subordinate mortgages
53,979

 
53,679

 
(39,579
)
 
22,480

 
22,558

 
(22,480
)
Corporate/Partnership loans
73,206

 
73,406

 
(9,060
)
 
72,701

 
73,005

 
(9,974
)
Total
$
1,154,237

 
$
1,153,431

 
$
(491,399
)
 
$
1,583,631

 
$
1,577,370

 
$
(573,124
)

Explanatory Note:
_______________________________________________________________________________

(1)
All of the Company's non-accrual loans are considered impaired and included in the table above. In addition, as of December 31, 2012 and 2011, certain loans modified through troubled debt restructurings with a recorded investment of $175.0 million and $255.3 million, respectively, are also included as impaired loans in accordance with GAAP although they are performing and on accrual status.

The Company's average recorded investment in impaired loans and interest income recognized, presented by class, were as follows ($ in thousands):

 
For the Years Ended December 31,
 
2012
 
2011
 
2010
 
Average
Recorded
Investment
 
Interest
Income
Recognized
 
Average
Recorded
Investment
 
Interest
Income
Recognized
 
Average
Recorded
Investment
 
Interest
Income
Recognized
With no related allowance recorded:
 
 
 
 
 
 
 
 
 
 
 
Senior mortgages
$
162,093

 
$
2,765

 
$
309,079

 
$
31,799

 
$
659,150

 
$
20,472

Subordinate mortgages

 

 

 

 
1,404

 
87

Corporate/Partnership loans
10,110

 
160

 
10,110

 
680

 
27,526

 
1,868

Subtotal
$
172,203

 
$
2,925

 
$
319,189

 
$
32,479

 
$
688,080

 
$
22,427

With an allowance recorded:
 
 
 
 
 
 
 
 
 
 
 
Senior mortgages
$
1,064,045

 
$
3,865

 
$
1,608,486

 
$
7,187

 
$
2,411,735

 
$
5,183

Subordinate mortgages
52,208

 

 
19,477

 

 
77,125

 
107

Corporate/Partnership loans
62,248

 
312

 
66,087

 
332

 
65,118

 

Subtotal
$
1,178,501

 
$
4,177

 
$
1,694,050

 
$
7,519

 
$
2,553,978

 
$
5,290

Total:
 
 
 
 
 
 
 
 
 
 
 
Senior mortgages
$
1,226,138

 
$
6,630

 
$
1,917,565

 
$
38,986

 
$
3,070,885

 
$
25,655

Subordinate mortgages
52,208

 

 
19,477

 

 
78,529

 
194

Corporate/Partnership loans
72,358

 
472

 
76,197

 
1,012

 
92,644

 
1,868

Total
$
1,350,704

 
$
7,102

 
$
2,013,239

 
$
39,998

 
$
3,242,058

 
$
27,717



During the year ended December 31, 2011, the Company recorded interest income of $26.3 million related to the resolution of certain non-performing loans. Interest income was not previously recorded while the loans were on non-accrual status.

Troubled Debt Restructurings—During the years ended December 31, 2012 and 2011, the Company modified loans that were determined to be troubled debt restructurings. The recorded investment in these loans was impacted by the modifications as follows, presented by class ($ in thousands):

 
For the Years Ended December 31,
 
2012
 
2011
 
Number
of Loans
 
Pre-Modification
Outstanding
Recorded
Investment
 
Post-Modification
Outstanding
Recorded
Investment
 
Number
of Loans
 
Pre-Modification
Outstanding
Recorded
Investment
 
Post-Modification
Outstanding
Recorded
Investment
Senior mortgages
8

 
$
319,667

 
$
272,753

 
7

 
$
191,158

 
$
190,893


Troubled debt restructurings that subsequently defaulted during the period were as follows ($ in thousands):
 
For the Years Ended December 31,
 
2012
 
2011
 
Number
of Loans
 
Outstanding
Recorded
Investment
 
Number
of Loans
 
Outstanding
Recorded
Investment
Senior mortgages
1

 
$
18,511

 
1

 
$
28,005



Troubled debt restructurings that occurred during the year ended December 31, 2012 included the modifications of performing loans with a combined recorded investment of $64.1 million. The modified terms of these loans granted maturity extensions ranging from one year to three years and included conditional extension options in certain cases dependent on borrower-specific performance hurdles. In each case, the Company believes the borrowers can perform under the modified terms of the loans and continues to classify these loans as performing.

Non-performing loans with a combined recorded investment of $255.6 million were also modified during the year ended December 31, 2012 and continued to be classified as non-performing subsequent to modification. Included in this balance was a loan with a recorded investment of $181.5 million prior to modification, for which the Company agreed to reduce the outstanding principal balance and recorded charge-offs totaling $45.5 million, and also reduce the loan's interest rate. The remaining non-performing loans were granted maturity extensions ranging from one month to seven months and the interest rate was reduced on one loan.

Troubled debt restructurings that occurred during the year ended December 31, 2011 included the modifications of performing loans with a combined recorded investment of $129.2 million. The modified terms of these loans granted maturity extensions ranging from three months to five years and included conditional extension options in certain cases dependent on borrower-specific performance hurdles. The Company reduced the rate on loans with a combined recorded investment of $59.5 million from a combined weighted average rate of 6.2% to 4.1%. In each case, the Company believed the borrowers could perform under the modified terms of the loans and classified these loans as performing after the modification. One of these loans subsequently defaulted.

Non-performing loans with a combined recorded investment of $62.0 million were also modified during the year ended December 31, 2011 and continued to be classified as non-performing subsequent to modification. Included in this balance was a loan with a recorded investment of $46.1 million, for which the Company granted a maturity extension of six months while also reducing the loan's interest rate. The Company also extended a discounted payoff option on another loan that was classified as non-performing.

Generally when granting concessions, the Company will seek to protect its position by requiring incremental pay downs, additional collateral or guarantees and in some cases lookback features or equity kickers to offset concessions granted should conditions impacting the loan improve. The Company's determination of credit losses is impacted by troubled debt restructurings whereby loans that have gone through troubled debt restructurings are considered impaired, assessed for specific reserves, and are not included in the Company's assessment of general loan loss reserves. Loans previously restructured under troubled debt restructurings that subsequently default are reassessed to incorporate the Company's current assumptions on expected cash flows and additional provision expense is recorded to the extent necessary. As of December 31, 2012, the Company had $21.6 million of unfunded commitments associated with modified loans considered troubled debt restructurings.