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Use of Special Purpose Entities (SPE) and Variable Interest Entities (VIE) (Tables)
12 Months Ended
Dec. 31, 2022
Variable Interest Entity, Measure of Activity [Abstract]  
Summary of Assets and Liabilities of Consolidated VIEs
The following table summarizes the aggregate estimated fair value of the assets, liabilities and non-controlling interests associated with the initial consolidation of the joint venture entities and real estate acquisitions by a Consolidated VIE during the years ended December 31, 2022, 2021 and 2020, respectively (dollar amounts in thousands):

Years Ended December 31,
202220212020
Cash (1)
$8,576 $27,907 $327 
Operating real estate (1) (2)
730,988 926,756 50,481 
Lease intangibles (1) (3)
41,892 51,970 1,619 
Other assets (1)
8,258 32,690 1,395 
Total assets789,714 1,039,323 53,822 
Mortgages payable on real estate, net (1)
570,682 669,647 36,752 
Other liabilities (1)
4,662 15,914 1,543 
Total liabilities575,344 685,561 38,295 
Redeemable non-controlling interest (4)
— 67,096 — 
Non-controlling interests (5)
16,293 25,509 6,808 
Net assets consolidated$198,077 $261,157 $8,719 

(1)In September 2022, the Company announced a repositioning of its business through the opportunistic disposition over time of the Company's joint venture equity investments in multi-family properties and reallocation of its capital away from such assets to its targeted assets. Accordingly, the Company determined that certain joint venture equity investments met the criteria to be classified as held for sale and transferred the assets and liabilities of the respective Consolidated VIEs to assets and liabilities of disposal group held for sale in the accompanying consolidated balance sheets as of December 31, 2022. See Note 9 for additional information.
(2)For joint venture equity investments that are not held for sale, operating real estate is included in real estate, net in the accompanying consolidated balance sheets.
(3)For joint venture equity investments that are not held for sale, lease intangibles are included in other assets in the accompanying consolidated balance sheets.
(4)Represents redeemable third-party ownership of membership interests in Consolidated Real Estate VIEs. See Redeemable Non-Controlling Interest in Consolidated VIEs below.
(5)Represents third-party ownership of membership interests in Consolidated Real Estate VIEs.
The following table presents a summary of the assets, liabilities and non-controlling interests of the Company’s residential loan securitizations, Consolidated SLST and Consolidated Real Estate VIEs of as of December 31, 2022 (dollar amounts in thousands). Intercompany balances have been eliminated for purposes of this presentation:

Financing VIEsOther VIEs
Residential Loan SecuritizationsConsolidated SLSTConsolidated Real EstateTotal
Cash and cash equivalents
$— $— $21,129 $21,129 
Residential loans, at fair value1,616,114 827,582 — 2,443,696 
Real estate, net held in Consolidated VIEs (1)
— — 543,739 543,739 
Assets of disposal group held for sale (2)
— — 1,142,773 1,142,773 
Other assets92,906 3,168 13,686 109,760 
Total assets$1,709,020 $830,750 $1,721,327 $4,261,097 
Collateralized debt obligations ($1,468,222 at amortized cost, net and $634,495 at fair value)
$1,468,222 $634,495 $— $2,102,717 
Mortgages payable on real estate, net in Consolidated VIEs (3)
— — 394,707 394,707 
Liabilities of disposal group held for sale (2)
— — 883,812 883,812 
Other liabilities8,168 3,342 10,511 22,021 
Total liabilities$1,476,390 $637,837 $1,289,030 $3,403,257 
Redeemable non-controlling interest in Consolidated VIEs (4)
$— $— $63,803 $63,803 
Non-controlling interest in Consolidated VIEs (5)
$— $— $32,967 $32,967 
Net investment (6)
$232,630 $192,913 $335,527 $761,070 

(1)Included in real estate, net in the accompanying consolidated balance sheets.
(2)Represents assets and liabilities, respectively, of certain Consolidated Real Estate VIEs included in disposal group held for sale (see Note 9).
(3)Included in mortgages payable on real estate, net in the accompanying consolidated balance sheets.
(4)Represents redeemable third-party ownership of membership interests in Consolidated Real Estate VIEs. See Redeemable Non-Controlling Interest in Consolidated VIEs below.
(5)Represents third-party ownership of membership interests in Consolidated Real Estate VIEs.
(6)The net investment amount is the maximum amount of the Company's investment that is at risk to loss and represents the difference between total assets and total liabilities held by VIEs, less non-controlling interests, if any.
The following table presents a summary of the assets, liabilities and non-controlling interests of the Company's residential loan securitizations, Consolidated SLST and Consolidated Real Estate VIEs as of December 31, 2021 (dollar amounts in thousands). Intercompany balances have been eliminated for purposes of this presentation:
Financing VIEsOther VIEs
Residential Loan SecuritizationsConsolidated SLSTConsolidated Real EstateTotal
Cash and cash equivalents
$— $— $29,606 $29,606 
Residential loans, at fair value801,429 1,070,882 — 1,872,311 
Real estate, net held in Consolidated VIEs (1)
— — 927,725 927,725 
Other assets36,767 3,547 70,557 110,871 
Total assets$838,196 $1,074,429 $1,027,888 $2,940,513 
Collateralized debt obligations ($682,802 at amortized cost, net and $839,419 at fair value)
$682,802 $839,419 $— $1,522,221 
Mortgages payable on real estate, net in Consolidated VIEs (2)
— — 672,568 672,568 
Other liabilities20,156 3,193 17,527 40,876 
Total liabilities$702,958 $842,612 $690,095 $2,235,665 
Redeemable non-controlling interest in Consolidated VIEs (3)
$— $— $66,392 $66,392 
Non-controlling interest in Consolidated VIEs (4)
$— $— $24,359 $24,359 
Net investment (5)
$135,238 $231,817 $247,042 $614,097 

(1)Included in real estate, net in the accompanying consolidated balance sheets.
(2)Included in mortgages payable on real estate, net in the accompanying consolidated balance sheets.
(3)Represents redeemable third-party ownership of membership interests in Consolidated Real Estate VIEs. See Redeemable Non-Controlling Interest in Consolidated VIEs below.
(4)Represents third-party ownership of membership interests in Consolidated Real Estate VIEs.
(5)The net investment amount is the maximum amount of the Company's investment that is at risk to loss and represents the difference between total assets and total liabilities held by VIEs, less non-controlling interests, if any.
The following table presents the carrying value and estimated fair value of the Company’s financial instruments at December 31, 2022 and 2021, respectively (dollar amounts in thousands):
  December 31, 2022December 31, 2021
 Fair Value
Hierarchy Level
Carrying
Value
Estimated
Fair Value
Carrying
Value
Estimated
Fair Value
Financial Assets:     
Cash and cash equivalentsLevel 1$244,718 $244,718 $289,602 $289,602 
Residential loansLevel 33,525,080 3,525,080 3,575,601 3,575,601 
Multi-family loansLevel 387,534 87,534 120,021 120,021 
Investment securities available for saleLevel 299,559 99,559 200,844 200,844 
Equity investmentsLevel 3179,746 179,746 239,631 239,631 
Equity investments in disposal group held for saleLevel 39,010 9,010 — — 
Derivative assetsLevel 22,473 2,473 — — 
Derivative assets in disposal group held for saleLevel 229,418 29,418 — — 
Financial Liabilities:     
Repurchase agreementsLevel 2737,023 737,023 554,259 554,259 
Collateralized debt obligations:
Residential loan securitizations at amortized cost, netLevel 31,468,222 1,383,715 682,802 686,027 
Consolidated SLSTLevel 3634,495 634,495 839,419 839,419 
Subordinated debenturesLevel 345,000 32,721 45,000 44,388 
Convertible notesLevel 2— — 137,898 138,011 
Senior unsecured notesLevel 297,384 91,104 96,704 102,215 
Mortgages payable on real estateLevel 3394,707 377,327 709,356 712,112 
Mortgages payable on real estate in disposal group held for saleLevel 3865,414 864,758 — — 
Schedule of Statement of Operations of Variable Interest Entities consist of the following as of December 31, 2022 and 2021, respectively (dollar amounts in thousands):
December 31, 2022December 31, 2021
Investment amount$88,249 $118,307 
Deferred loan fees, net(428)(672)
Unrealized (losses) gains, net(287)2,386 
   Total, at Fair Value$87,534 $120,021 
The geographic concentrations of credit risk exceeding 5% of the total multi-family loan investment amounts as of December 31, 2022 and 2021, respectively, are as follows:
December 31, 2022December 31, 2021
Texas30.1 %28.3 %
Tennessee15.6 %11.0 %
Florida10.9 %12.2 %
Ohio9.7 %7.2 %
Louisiana7.5 %5.8 %
Alabama7.1 %5.0 %
North Carolina6.1 %7.0 %
Indiana5.7 %4.3 %
The following tables present condensed statements of operations for non-Company-sponsored VIEs for the years ended December 31, 2022, 2021 and 2020, respectively (dollar amounts in thousands). The following tables include net (loss) income from assets and liabilities of disposal group held for sale and intercompany balances have been eliminated for purposes of this presentation.

Year Ended December 31,
2022
Consolidated SLSTConsolidated Real EstateTotal
Interest income$36,448 $— $36,448 
Interest expense25,145 — 25,145 
Total net interest income 11,303 — 11,303 
Realized gains, net— 924 924 
Unrealized (losses) gains, net(32,403)26,306 (6,097)
Income from real estate— 134,722 134,722 
Other income— 13,859 13,859 
Total non-interest (loss) income (32,403)175,811 143,408 
Expenses related to real estate— 245,650 245,650 
Net loss(21,100)(69,839)(90,939)
Net loss attributable to non-controlling interest in Consolidated VIEs— 42,044 42,044 
Net loss attributable to Company$(21,100)$(27,795)$(48,895)
Year Ended December 31,
2021
Consolidated SLSTConsolidated Real EstateTotal
Interest income$40,944 $— $40,944 
Interest expense28,135 — 28,135 
Total net interest income12,809 — 12,809 
Unrealized gains, net23,832 — 23,832 
Income from real estate— 12,339 12,339 
Total non-interest income 23,832 12,339 36,171 
Expenses related to real estate— 29,164 29,164 
Net income (loss)36,641 (16,825)19,816 
Net loss attributable to non-controlling interest in Consolidated VIEs— 4,724 4,724 
Net income (loss) attributable to Company$36,641 $(12,101)$24,540 


Year Ended December 31,
2020
Consolidated K-Series (1)
Consolidated SLSTConsolidated Real EstateTotal
Interest income$151,841 $45,194 $— $197,035 
Interest expense129,762 31,663 — 161,425 
Total net interest income 22,079 13,531 — 35,610 
Unrealized losses, net(10,951)(32,073)— (43,024)
Income from real estate— — 419 419 
Other loss— — (2,667)(2,667)
Total non-interest loss(10,951)(32,073)(2,248)(45,272)
Expenses related to real estate— — 763 763 
Net income (loss)11,128 (18,542)(3,011)(10,425)
Net income attributable to non-controlling interest in Consolidated VIEs— — (267)(267)
Net income (loss) attributable to Company$11,128 $(18,542)$(3,278)$(10,692)

(1)Reflects statement of operations for the Consolidated K-Series prior to the sale of first loss POs and de-consolidation of the Consolidated K-Series.
Schedule of Redeemable Noncontrolling Interest in Consolidated VIEs
The following table presents activity in redeemable non-controlling interest in Consolidated VIEs for the years ended December 31, 2022 and 2021 (dollar amounts in thousands):

Years Ended December 31,
20222021
Beginning balance$66,392 $— 
Initial consolidation of Consolidated VIEs— 67,096 
Contributions462 — 
Distributions(7,083)— 
Net loss attributable to redeemable non-controlling interest in Consolidated VIEs(38,190)(704)
Adjustment of redeemable non-controlling interest to estimated redemption value (1)
44,237 — 
Redemption of redeemable non-controlling interest(2,015)— 
Ending balance$63,803 $66,392 

(1)The Company determines the fair value of the redeemable non-controlling interest on a non-recurring basis utilizing market assumptions and discounted cash flows. The Company applies a discount rate to the estimated future cash flows from the multi-family apartment properties held by the applicable Consolidated VIEs that are allocable to the redeemable non-controlling interest. This fair value measurement is generally based on unobservable inputs and, as such, is classified as Level 3 in the fair value hierarchy. Significant unobservable inputs utilized in the estimation of fair value of redeemable non-controlling interest include a weighted average capitalization rate of 5.4% (ranges from 4.8% to 6.0%) and a weighted average discount rate of 14.5% (ranges from 13.6% to 15.4%).
Schedule of Classification and Carrying Value of Unconsolidated VIEs The following tables present the classification and carrying value of unconsolidated VIEs as of December 31, 2022 and 2021, respectively (dollar amounts in thousands):
December 31, 2022
Multi-family loansInvestment securities available for sale, at fair valueEquity investmentsAssets of disposal
group held for sale
Total
ABS$— $856 $— $— $856 
Non-Agency RMBS— 29,290 — — 29,290 
Preferred equity investments in multi-family properties87,534 — 152,246 — 239,780 
Joint venture equity investments in multi-family properties (1)
— — — 9,010 9,010 
Maximum exposure$87,534 $30,146 $152,246 $9,010 $278,936 
December 31, 2021
Multi-family loansInvestment securities available for sale, at fair valueEquity investmentsTotal
ABS$— $39,679 $— $39,679 
Non-Agency RMBS30,924 — 30,924 
Preferred equity investments in multi-family properties
120,021 — 180,798 300,819 
Joint venture equity investments in multi-family properties— — 10,440 10,440 
Equity investments in entities that invest in residential properties— — 19,143 19,143 
Maximum exposure$120,021 $70,603 $210,381 $401,005 

(1)Transferred into assets of disposal group held for sale during the year ended December 31, 2022.