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Credit Enhancement Receivable, Contingent Liability & Credit Enhancement Deposit
9 Months Ended
Sep. 30, 2017
Credit Enhancement Receivable Contingent Liability And Credit Enhancement Deposit [Abstract]  
Credit Enhancement Receivable, Contingent Liability & Credit Enhancement Deposit

14.

Credit Enhancement Receivable, Credit Enhancement Deposit and Contingent Liability

 

The Company is a party to a Credit Enhancement Agreement (“CEA”) dated March 9, 2012, with German American Capital Corporation and Deutsche Bank Americas Holding Corporation (together, “DB Entities”). On October 20, 2016, the DB Entities assigned the CEA to Deutsche Bank AG Cayman Island Branch, a Cayman Island Branch of Deutsche Bank AG (“DB Cayman”).  Under the terms of these agreements, DB Cayman provides the Company with varying levels of ongoing credit protection, subject to certain limits, for Fannie Mae and Freddie Mac loans subject to loss sharing (see Note 25—“Financial Guarantee Liability”) in the Company’s servicing portfolio as of March 9, 2012. DB Cayman will also reimburse the Company for any losses incurred due to violation of underwriting and serving agreements that occurred prior to March 9, 2012. For the nine months ended September 30, 2017 and 2016, respectively, there were no reimbursements under this agreement.

Credit enhancement receivable

As of September 30, 2017, the Company had $18.3 billion of credit risk loans in its servicing portfolio with a maximum pre-credit enhancement loss exposure of $5.2 billion. The Company had a form of credit protection from DB Cayman on $4.4 billion of credit risk loans with a maximum loss exposure coverage of $1.3 billion.  The amount of the maximum loss exposure without any form of credit protection from DB Cayman is $3.9 billion.

As of December 31, 2016, the Company had $16.9 billion of credit risk loans in its servicing portfolio with a maximum pre-credit enhancement loss exposure of $4.7 billion. The Company had a form of credit protection from DB Cayman on $5.5 billion of credit risk loans with a maximum loss exposure coverage of $1.6 billion. The amount of the maximum loss exposure without any form of credit protection from DB Cayman is $3.1 billion.

As of September 30, 2017 and December 31, 2016, the credit enhancement receivable was $11 thousand and $156 thousand, respectively, and is included as part of “Other assets” in the Company’s unaudited condensed consolidated statements of financial condition.

Credit enhancement deposit

The CEA required the DB Entities to deposit $25 million into the Company’s Fannie Mae restricted liquidity account (see Note 28—“Regulatory Requirements”), which the Company is required to return to DB Cayman, less any outstanding claims, on March 9, 2021. The $25 million deposit is included in “Cash segregated under regulatory requirements” and the offsetting liability in “Accounts payable, accrued and other liabilities” in the accompanying unaudited condensed consolidated statements of financial condition.

Contingent liability

Under the CEA, the Company is required to pay DB Cayman on March 9, 2021, an amount equal to 50% of the positive difference, if any, between (a) $25 million, and (b) the Company’s unreimbursed loss sharing payments from March 9, 2012 through March 9, 2021 on the Company’s servicing portfolio as of March 9, 2012.

As of September 30, 2017 and December 31, 2016, the contingent liability was $10.7 million and $10.4 million, respectively, and is included as part of “Accounts payable, accrued and other liabilities” in the Company’s unaudited condensed consolidated statements of financial condition.