troubled debt restructuring a regulator’s perspective

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Troubled Debt Restructuring A Regulator’s Perspective

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Page 1: Troubled Debt Restructuring A Regulator’s Perspective

Troubled Debt RestructuringA Regulator’s Perspective

Page 2: Troubled Debt Restructuring A Regulator’s Perspective

Presenters

Jane Johnson, Financial Examiner Supervisor, Division of Credit Unions, Department of Financial Institutions

Elizabeth Habring, Supervisory Examiner, Region V, National Credit Union Administration

Washington State Department of Financial Institutions”Regulating financial services to protect and educate the public and promote economic vitality.”

Page 3: Troubled Debt Restructuring A Regulator’s Perspective

‘What is a TDR?’ Troubled Debt Restructuring results when

the lender grants concessions, that would not ordinarily be granted, to the member in light of the members' financial difficulties.

Concessions often involve a reduced interest rate, payment or principal amount.

Routine changes in debt terms and loan deferrals are not considered troubled debt restructurings unless they are granted due to the adverse financial condition of the member.

Washington State Department of Financial Institutions”Regulating financial services to protect and educate the public and promote economic vitality.”

Page 4: Troubled Debt Restructuring A Regulator’s Perspective

Concessions Include Reduction of the contractual

(stated) interest rate Extension of the maturity date Suspension of contractual

payments Reduction of the face amount of

debt, i.e., forgiveness of a portion of principal

Reduction (forgiveness) of accrued interest

Reduction (forgiveness) of fees

Page 5: Troubled Debt Restructuring A Regulator’s Perspective

‘Are TDRs a “bad” thing?’

Not trying to discourage

TDR is an expected part of a credit union’s management of assets

Washington State Department of Financial Institutions”Regulating financial services to protect and educate the public and promote economic vitality.”

Page 6: Troubled Debt Restructuring A Regulator’s Perspective

GAAP is set forth in the FASB

CPA firms consider materiality.

From a regulatory perspective, materiality is not the only issue. SFAS 15

SFAS 114

SFAS No. 5

EITF 02-4

Washington State Department of Financial Institutions”Regulating financial services to protect and educate the public and promote economic vitality.”

Page 7: Troubled Debt Restructuring A Regulator’s Perspective

‘What about refinances?’

When a borrower refinances or restructures a loan, and the terms are at least as favorable to the lender as the terms for comparable loans to other members with similar collection risks who are not refinancing or restructuring, the refinanced loan should be accounted for as a new loan.Washington State Department of Financial Institutions

”Regulating financial services to protect and educate the public and promote economic vitality.”

Page 8: Troubled Debt Restructuring A Regulator’s Perspective

Example of TDR & Refinance Current used auto loan rate is 5%.

TDR: Joe has a 7% used auto loan (pymt $346, 12 month term). Credit Union agrees to accept 3% interest, (pymt $172, 24 month term).

Refinance: Sue has a 7% used auto loan (pymt $346, 12 month term). Credit union agrees to accept 5% interest (pymt $342, 12 month term).

Page 9: Troubled Debt Restructuring A Regulator’s Perspective

‘How is a TDR reported?’

Vast majority of TDR are immaterial for balance sheet purposes

BUT: TDRs must be reported on 5300 Call Report

Washington State Department of Financial Institutions”Regulating financial services to protect and educate the public and promote economic vitality.”

Page 10: Troubled Debt Restructuring A Regulator’s Perspective

5300

Page 9 “Delinquent Loans” by Collateral Type, lines 1 thru 15

Report TDRs as delinquent with original loan contract terms until the borrower is current with the new terms for 6 months

Washington State Department of Financial Institutions”Regulating financial services to protect and educate the public and promote economic vitality.”

Page 11: Troubled Debt Restructuring A Regulator’s Perspective
Page 12: Troubled Debt Restructuring A Regulator’s Perspective

Original loan requires monthly payments of $400 at an interest rate of 6% with 9 months left in term of an unsecured loan. The credit union agreed to accept monthly payments of $275 at 10% for 12 months.

Example: Report of Consumer Loan TDR

Month Payment Status

Feb $300 Delinquent (60 days)

Mar $275 Delinquent (90 days)

Apr $275 Rewrote to new terms (TDR)

May $275

June $275 Report loan as delinquent on 5300 Delinquent (180 days)

July $275

August $275

September

$275 Report loan as current on 5300.

Page 13: Troubled Debt Restructuring A Regulator’s Perspective

5300 (continued)

Page 15 “Specialized Lending” Section 2 RE Loans, Line 14

RE loans whose terms have been modified due to the inability of the borrower to meet the original terms of the note

Washington State Department of Financial Institutions”Regulating financial services to protect and educate the public and promote economic vitality.”

Page 14: Troubled Debt Restructuring A Regulator’s Perspective
Page 15: Troubled Debt Restructuring A Regulator’s Perspective

Accrual

For regulatory reporting purposes TDR loans may not be returned to full accrual status until the six-month consecutive payment requirement is met.

Washington State Department of Financial Institutions”Regulating financial services to protect and educate the public and promote economic vitality.”

Page 16: Troubled Debt Restructuring A Regulator’s Perspective

‘Won’t that increase my delinquency ratio?’

Yes Increases are expected especially

in this market

Washington State Department of Financial Institutions”Regulating financial services to protect and educate the public and promote economic vitality.”

Page 17: Troubled Debt Restructuring A Regulator’s Perspective

‘But what if I’m not losing any money?’

A loan is “impaired” when, based on current information and events, it is probable that an institution will be unable to collect all amounts due according to the contractual terms of the loan agreement.

Therefore, impairment is measured using an estimate of the expected future cash flows (NPV).

Washington State Department of Financial Institutions”Regulating financial services to protect and educate the public and promote economic vitality.”

Page 18: Troubled Debt Restructuring A Regulator’s Perspective

NPV

For the majority of TDR loans we see in Credit Unions, there is a loss but it is immaterial for balance sheet purposes.

Washington State Department of Financial Institutions”Regulating financial services to protect and educate the public and promote economic vitality.”

Page 19: Troubled Debt Restructuring A Regulator’s Perspective
Page 20: Troubled Debt Restructuring A Regulator’s Perspective

Why do we need to report this?

Regulators (and credit union management) look to the delinquent loan reporting to provide insight into the quality of the loan portfolio.

Your internal management assessment

Washington State Department of Financial Institutions”Regulating financial services to protect and educate the public and promote economic vitality.”

Page 21: Troubled Debt Restructuring A Regulator’s Perspective

Internal Management Assessment

Top management and the Board should be aware of the level of restructuring

TDR is a useful and effective way to manage troubled assets and should be considered in any workout / foreclosure / repo decision

By keeping track of the TDRs being done, management can ensure that TDRs are being used as planned

Washington State Department of Financial Institutions”Regulating financial services to protect and educate the public and promote economic vitality.”

Page 22: Troubled Debt Restructuring A Regulator’s Perspective

Example of Analysis Loan: car loan of $30,000, 6%, 36 months, Pymt =

$913 After the Member makes the 12th monthly payment

they tell you their spouse lost their job and they can’t afford the car anymore – they are thinking of turning in the car to you

Blue Book says that in today’s market the Credit Union would sustain at least an $8,000 loss if you repo’d it

The Member says he could afford a monthly pymt of $750 but only for 2 years

Washington State Department of Financial Institutions”Regulating financial services to protect and educate the public and promote economic vitality.”

Page 23: Troubled Debt Restructuring A Regulator’s Perspective

What do you do?

Repo the car and take the $8K loss?

TDR and lower the payment to $750 for next 24 months?

Washington State Department of Financial Institutions”Regulating financial services to protect and educate the public and promote economic vitality.”

Page 24: Troubled Debt Restructuring A Regulator’s Perspective

TDR is More Beneficial to CU

The amount of impairment on the restructured loan (i.e., the FAS 114 allowance) is the excess of the recorded investment in loan over the present value of expected future cash flows

=PV(rate,months,pymt) =PV((6%/12),24,750)=$16,922 Loan balance at time of

modification = $20,592 Difference (Loss) = $3,370

Washington State Department of Financial Institutions”Regulating financial services to protect and educate the public and promote economic vitality.”

Page 25: Troubled Debt Restructuring A Regulator’s Perspective

What’s the bottom line?

If a new member walks in your door today, would you make a new loan at the workout rate and terms? If not, it’s a TDR.

To leave delinquent loan status, the TDR must perform for 6 months under the new (re-written) contract terms.

Washington State Department of Financial Institutions”Regulating financial services to protect and educate the public and promote economic vitality.”

Page 26: Troubled Debt Restructuring A Regulator’s Perspective

References

NCUA Accounting Bulletin 06-01

Washington State Department of Financial Institutions”Regulating financial services to protect and educate the public and promote economic vitality.”

Page 27: Troubled Debt Restructuring A Regulator’s Perspective

How to Contact Us

Contact Us: Jane Johnson

Financial Examiner Supervisor of DCU [email protected]

Elizabeth A. HabringSupervisory Examiner – Region V

National Credit Union [email protected] ext 3548

Washington State Department of Financial Institutions”Regulating financial services to protect and educate the public and promote economic vitality.”