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Residential Collateralized Debt Obligations
3 Months Ended
Mar. 31, 2019
Debt Disclosure [Abstract]  
Residential Collateralized Debt Obligations
Residential Collateralized Debt Obligations

The Company’s Residential CDOs, which are recorded as liabilities on the Company’s condensed consolidated balance sheets, are secured by ARMs pledged as collateral, which are recorded as assets of the Company. Pledged assets of $52.9 million and $56.8 million are included in distressed and other residential mortgage loans, net in the Company's condensed consolidated balance sheets as of March 31, 2019 and December 31, 2018, respectively. As of March 31, 2019 and December 31, 2018, the Company had Residential CDOs outstanding of $49.2 million and $53.0 million, respectively. As of March 31, 2019 and December 31, 2018, the current weighted average interest rate on these Residential CDOs was 3.10% and 3.12%, respectively. The Residential CDOs are collateralized by ARM loans with a principal balance of $56.1 million and $60.2 million at March 31, 2019 and December 31, 2018, respectively. The Company retained the owner trust certificates, or residual interest, for three securitizations, and, as of March 31, 2019 and December 31, 2018, had a net investment in the residential securitization trusts of $4.8 million.
Debt

Convertible Notes    

On January 23, 2017, the Company issued $138.0 million aggregate principal amount of its 6.25% Senior Convertible Notes due 2022 (the "Convertible Notes"), including $18.0 million aggregate principal amount of Convertible Notes issued upon exercise of the underwriter's over-allotment option, in an underwritten public offering. The net proceeds to the Company from the sale of the Convertible Notes, after deducting the underwriter's discounts, commissions and offering expenses, were approximately $127.0 million with the total cost to the Company of approximately 8.24%. Costs related to the issuance of the Convertible Notes which include underwriting, legal, accounting and other fees, are reflected as deferred charges. The underwriter's discount and deferred charges, net of amortization, are presented as a deduction from the corresponding debt liability on the Company's accompanying condensed consolidated balance sheets in the amount of $6.7 million and $7.2 million as of March 31, 2019 and December 31, 2018, respectively. The underwriter's discount and deferred charges are amortized as an adjustment to interest expense using the effective interest method.     

The Convertible Notes were issued at 96% of the principal amount, bear interest at a rate equal to 6.25% per year, payable semi-annually in arrears on January 15 and July 15 of each year, and are expected to mature on January 15, 2022, unless earlier converted or repurchased. The Company does not have the right to redeem the Convertible Notes prior to maturity and no sinking fund is provided for the Convertible Notes. Holders of the Convertible Notes are permitted to convert their Convertible Notes into shares of the Company's common stock at any time prior to the close of business on the business day immediately preceding January 15, 2022. The conversion rate for the Convertible Notes, which is subject to adjustment upon the occurrence of certain specified events, initially equals 142.7144 shares of the Company’s common stock per $1,000 principal amount of Convertible Notes, which is equivalent to a conversion price of approximately $7.01 per share of the Company’s common stock, based on a $1,000 principal amount of the Convertible Notes. The Convertible Notes are senior unsecured obligations of the Company that rank senior in right of payment to the Company's subordinated debentures and any of its other indebtedness that is expressly subordinated in right of payment to the Convertible Notes.

During the three months ended March 31, 2019, none of the Convertible Notes were converted. As of May 7, 2019, the Company has not been notified, and is not aware, of any event of default under the covenants for the Convertible Notes.

Subordinated Debentures

Subordinated debentures are trust preferred securities that are fully guaranteed by the Company with respect to distributions and amounts payable upon liquidation, redemption or repayment. The following table summarizes the key details of the Company’s subordinated debentures as of March 31, 2019 and December 31, 2018 (dollar amounts in thousands):
 
NYM Preferred Trust I
 
NYM Preferred Trust II
Principal value of trust preferred securities
$
25,000

 
$
20,000

Interest rate
Three month LIBOR plus 3.75%, resetting quarterly

 
Three month LIBOR plus 3.95%, resetting quarterly

Scheduled maturity
March 30, 2035

 
October 30, 2035



As of May 7, 2019, the Company has not been notified, and is not aware, of any event of default under the covenants for the subordinated debentures.

Mortgages and Notes Payable in Consolidated VIEs

In March 2017, the Company consolidated both Riverchase Landing and The Clusters into its condensed consolidated financial statements (see Note 9). In March 2018, Riverchase Landing completed the sale of its multi-family apartment community and redeemed the Company's preferred equity investment. The Company de-consolidated Riverchase Landing as of the date of the sale. In February 2019, The Clusters completed the sale of its multi-family apartment community and redeemed the Company's preferred equity investment. The Company de-consolidated The Clusters as of the date of the sale. The Clusters' real estate investment was subject to a mortgage payable as of December 31, 2018, and the Company had no obligation for this liability as of December 31, 2018.

    

The Company also consolidates KRVI into its condensed consolidated financial statements (see Note 9). KRVI's real estate under development is subject to a note payable of $4.0 million that has an unused commitment of $4.4 million as of March 31, 2019. The Company has not been notified, and is not aware, of any event of default under the covenants of KRVI's note payable as of May 7, 2019.

The mortgages and notes payable in the consolidated VIEs as of March 31, 2019 are described below (dollar amounts in thousands):

 
 
Assumption/Origination Date
 
Mortgage Note Amount as of March 31, 2019
 
Maturity Date
 
Interest Rate
 
Net Deferred Finance Costs
KRVI
 
12/16/2016
 
$
3,986

 
12/16/2019
 
7.00
%
 
$



As of March 31, 2019, maturities for debt on the Company's condensed consolidated balance sheet are as follows (dollar amounts in thousands):
Year Ending December 31,
Total
2019
$
3,986

2020

2021

2022
138,000

2023

Thereafter
45,000

 
$
186,986