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MORTGAGE SERVICING RIGHTS AND MSR FINANCING RECEIVABLES
 9 Months Ended
Sep. 30, 2023
Transfers and Servicing of Financial Assets [Abstract]  
MORTGAGE SERVICING RIGHTS AND MSR FINANCING RECEIVABLES EXCESS MORTGAGE SERVICING RIGHTS
Excess mortgage servicing rights assets include Rithm Capital’s direct investments in Excess MSRs and investments in joint ventures jointly controlled by Rithm Capital and funds managed by the Former Manager investing in Excess MSRs. Our investments in Excess MSR assets are included in Other assets on the Consolidated Balance Sheets.

The table below summarizes the components of Excess MSRs:
September 30, 2023December 31, 2022
Direct investments in Excess MSRs$217,764 $249,366 
Excess MSR joint ventures65,212 72,437 
Excess mortgage servicing rights, at fair value$282,976 $321,803 

Direct Investments in Excess MSRs

The following table presents activity related to the carrying value of direct investments in Excess MSRs:
Total(A)
Balance as of December 31, 2022$249,366 
Interest income16,733 
Other income150 
Proceeds from repayments(33,901)
Proceeds from sales(669)
Change in fair value(13,915)
Balance as of September 30, 2023
$217,764 
(A)Underlying loans serviced by Mr. Cooper Group Inc. (“Mr. Cooper”) and SLS.
Mr. Cooper or SLS, as applicable, as servicer performs all of the servicing and advancing functions, and retains the ancillary income, servicing obligations and liabilities as the servicer of the underlying loans in the portfolio.

Rithm Capital entered into a “recapture agreement” with respect to each of the direct Excess MSR investments serviced by Mr. Cooper and SLS. Under such arrangements, Rithm Capital is generally entitled to a pro rata interest in the Excess MSRs on any refinancing by Mr. Cooper of a loan in the original portfolio. These recapture agreements do not apply to Rithm Capital’s servicer advance investments (Note 6).

On October 2, 2023, Rithm Capital entered into a definitive agreement with Computershare Limited to acquire Computershare Mortgage Services Inc. and certain affiliated companies, including SLS, for a purchase price of approximately $720 million (Note 25).

The following table summarizes direct investments in Excess MSRs:
September 30, 2023December 31, 2022
UPB of Underlying MortgagesInterest in Excess MSR
Weighted Average Life Years(A)
Amortized Cost Basis
Carrying Value(B)
Carrying Value(B)
Rithm
Capital(C, D)
Former Manager-managed fundsMr. Cooper
$44,294,807 
32.5% – 100.0%
(56.4%)
0.0% – 50%
0.0% – 35.0%
6.5$189,814 $217,764 $249,366 
(A)Represents the weighted average expected timing of the receipt of expected cash flows for this investment.
(B)Carrying value represents the fair value of the pools and recapture agreements, as applicable.
(C)Amounts in parentheses represent weighted averages.
(D)Rithm Capital is also invested in related servicer advance investments, including the basic fee component of the related MSR as of September 30, 2023 (Note 6) on $15.7 billion UPB underlying these Excess MSRs.
Changes in fair value of investments consists of the following:
Three Months Ended
September 30,		Nine Months Ended
September 30,
2023202220232022
Original and Recaptured Pools$(3,498)$(3,857)$(13,915)$(5,421)

As of September 30, 2023, a weighted average discount rate of 8.8% was used to value Rithm Capital’s investments in Excess MSRs (directly and through equity method investees).

Excess MSR Joint Ventures
Rithm Capital entered into investments in joint ventures (“Excess MSR joint ventures”) jointly controlled by Rithm Capital and funds managed by the Former Manager investing in Excess MSRs.

The following tables summarize the financial results of the Excess MSR joint ventures, accounted for as equity method investees:
September 30, 2023December 31, 2022
Excess MSR$120,292$135,356
Other assets10,81810,204
Other liabilities(687)(687)
Equity$130,423$144,873
Rithm Capital’s investment$65,212$72,437
Rithm Capital’s percentage ownership50.0 %50.0 %
Three Months Ended
September 30,		Nine Months Ended
September 30,
2023202220232022
Interest income$5,397 $4,437 $11,079 $10,514 
Other income (loss)(2,391)(12,074)(6,949)(14,417)
Expenses(8)(8)(24)(24)
Net income (loss)$2,998 $(7,645)$4,106 $(3,927)

The following table summarizes the activity of investments in equity method investees:
Balance at December 31, 2022$72,437 
Distributions of earnings from equity method investees— 
Distributions of capital from equity method investees(9,278)
Change in fair value of investments in equity method investees2,053 
Balance at September 30, 2023$65,212 

The following is a summary of Excess MSR investments made through equity method investees:
September 30, 2023
Unpaid Principal Balance
Investee Interest in Excess MSR(A)
Rithm Capital Interest in Investees
Amortized Cost Basis(B)
Carrying Value(C)
Weighted Average Life (Years)(D)
Agency
Original and Recaptured Pools$17,693,521 66.7 %50.0 %$98,681 $120,292 5.4
(A)The remaining interests are held by Mr. Cooper.
(B)Represents the amortized cost basis of the equity method investees in which Rithm Capital holds a 50% interest.
(C)Represents the carrying value of the Excess MSRs held in equity method investees, in which Rithm Capital holds a 50% interest. Carrying value represents the fair value of the pools, as applicable.
(D)Represents the weighted average expected timing of the receipt of cash flows of each investment.
MORTGAGE SERVICING RIGHTS AND MSR FINANCING RECEIVABLES
The following table summarizes activity related to MSRs and MSR financing receivables:
Balance as of December 31, 2022$8,889,403 
Purchases, net(A)
— 
Originations(B)
609,460 
Proceeds from sales(C)
(704,657)
Change in fair value due to:
    Realization of cash flows(D)
(384,094)
    Change in valuation inputs and assumptions284,756 
Balance at September 30, 2023$8,694,868 
(A)Net of purchase price adjustments and purchase price fully reimbursable from MSR sellers as a result of prepayment protection.    
(B)Represents MSRs retained on the sale of originated residential mortgage loans.
(C)Relates primarily to excess servicing cash flows sold on certain agency loans with a total UPB of approximately $91.4 billion during the nine months ended September 30, 2023. In connection with these sales, the Company recorded a gain of approximately $5.2 million during the period, which is included within change in fair value of MSRs and MSR financing receivables in the Consolidated Statements of Operations.
(D)Based on the paydown of the underlying residential mortgage loans.
The following table summarizes components of servicing revenue, net:
Three Months Ended
September 30,		Nine Months Ended
September 30,
2023202220232022
Servicing fee revenue, net and interest income from MSRs and MSR financing receivables$412,386 $419,793 $1,284,583 $1,276,137 
Ancillary and other fees30,258 33,370 93,462 102,904 
Servicing fee revenue, net and fees442,644 453,163 1,378,045 1,379,041 
Change in fair value due to:
Realization of cash flows(138,993)(141,616)(384,094)(522,206)
Change in valuation inputs and assumptions, net of realized gains (losses)159,927 143,174 284,756 1,502,844 
Change in fair value of derivative instruments— (18,505)— (11,316)
Gain (loss) on settlement of derivative instruments— (2,227)— (79,041)
Servicing revenue, net$463,578 $433,989 $1,278,707 $2,269,322 

The following table summarizes MSRs and MSR financing receivables by type as of September 30, 2023:
UPB of Underlying Mortgages
Weighted Average Life (Years)(A)
Carrying Value(B)
Agency$354,510,758 8.1$5,393,329 
Non-Agency50,056,162 6.9704,873 
Ginnie Mae(C)
126,354,300 7.72,596,666 
Total/Weighted Average$530,921,220 7.9$8,694,868 
(A)Represents the weighted average expected timing of the receipt of expected cash flows for this investment.
(B)Carrying value represents fair value. As of September 30, 2023, weighted average discount rates of 8.5% (range of 7.9% – 10.8%) were used to value Rithm Capital’s MSRs and MSR financing receivables.
(C)As of September 30, 2023, Rithm Capital holds approximately $1.4 billion in residential mortgage loans subject to repurchase and the related residential mortgage loans repurchase liability on its Consolidated Balance Sheets.

Residential Mortgage Loans Subject to Repurchase

Rithm Capital, through its wholly-owned subsidiaries as approved issuers of Ginnie Mae MBS, originates and securitizes government-insured residential mortgage loans. As the issuer of the Ginnie Mae-guaranteed securitizations, Rithm Capital has the unilateral right to repurchase loans from the securitizations when they are delinquent for more than 90 days. Loans in forbearance that are three or more consecutive payments delinquent are included as delinquent loans permitted to be repurchased. Under GAAP, Rithm Capital is required to recognize the right to loans on its balance sheet and establish a corresponding liability upon the triggering of the repurchase right regardless of whether the Company intends to repurchase the loans. As of September 30, 2023, Rithm Capital holds approximately $1.4 billion in residential mortgage loans subject to repurchase and residential mortgage loans repurchase liability on its Consolidated Balance Sheets. Rithm Capital may re-pool repurchased loans into new Ginnie Mae securitizations upon re-performance of the loan or otherwise sell to third-party investors. The Company does not change the accounting for MSRs related to previously sold loans upon recognizing loans eligible for repurchase. Rather, upon repurchase of a loan, the MSR is written off. As of September 30, 2023, Rithm Capital holds approximately $0.4 billion of Ginnie Mae repurchased residential mortgage loans on its Consolidated Balance Sheets.

Ocwen MSR Financing Receivable Transactions

In July 2017, Ocwen Loan Servicing, LLC (collectively with certain affiliates, “Ocwen”) and Rithm Capital entered into an agreement in which both parties agreed to undertake certain actions to facilitate the transfer from Ocwen to Rithm Capital of Ocwen’s remaining interests in the MSRs relating to loans with an aggregate unpaid principal balance of approximately $110.0
billion and with respect to which Rithm Capital already held certain rights (“Rights to MSRs”). Ocwen and Rithm Capital concurrently entered into a subservicing agreement pursuant to which Ocwen agreed to subservice the mortgage loans related to the MSRs that were transferred to Rithm Capital.

In January 2018, Ocwen sold and transferred to Rithm Capital certain Rights to MSRs and other assets related to mortgage servicing rights for loans with an unpaid principal balance of approximately $86.8 billion. PHH (as successor by merger to Ocwen) will continue to service the residential mortgage loans related to the MSRs until any necessary third-party consents to transferring the MSRs are obtained and all other conditions to transferring the MSRs are satisfied.

Of the Rights to MSRs sold and transferred to NRM and Newrez, consents and all other conditions to transfer have been received with respect to approximately $66.7 billion UPB of underlying loans. Although legally sold and entitled to the economics of the transfer, as of September 30, 2023, with respect to MSRs representing approximately $11.6 billion UPB of underlying loans, it was determined for accounting purposes that substantially all of the risks and rewards inherent in owning the MSRs had not been transferred to Newrez and therefore are not treated as a sale under GAAP and are classified as MSR financing receivables.

The table below summarizes the geographic distribution of the underlying residential mortgage loans of the MSRs and MSR financing receivables:
Percentage of Total Outstanding Unpaid Principal Amount
State ConcentrationSeptember 30, 2023December 31, 2022
California17.1 %17.4 %
Florida8.6 %8.6 %
Texas6.2 %6.2 %
New York6.0 %6.0 %
Washington5.8 %5.9 %
New Jersey4.3 %4.4 %
Virginia3.6 %3.6 %
Maryland3.4 %3.4 %
Illinois3.3 %3.4 %
Georgia3.0 %2.9 %
Other U.S.38.7 %38.2 %
100.0 %100.0 %

Geographic concentrations of investments expose Rithm Capital to the risk of economic downturns within the relevant states. Any such downturn in a state where Rithm Capital holds significant investments could affect the underlying borrower’s ability to make mortgage payments and therefore could have a meaningful, negative impact on the MSRs.

Residential Mortgage Loan Subservicing

The Mortgage Company performs servicing of residential mortgage loans for unaffiliated parties under servicing agreements. The servicing agreements do not meet the criteria to be recognized as a servicing right asset and, therefore, are not recognized on Rithm Capital’s Consolidated Balance Sheets. The UPB of residential mortgage loans serviced for others as of September 30, 2023 and 2022 was $99.4 billion and $91.8 billion, respectively. Rithm Capital earned servicing revenue of $104.0 million and $100.4 million for the nine months ended September 30, 2023 and 2022, respectively, related to unaffiliated serviced loans which is included within Servicing Revenue, Net in the Consolidated Statements of Operations.

Rithm Capital engages unaffiliated licensed mortgage servicers as subservicers and, in relation to certain owned MSRs, including to perform the operational servicing duties, including recapture activities in exchange for a subservicing fee which is recorded as Subservicing Expense and reflected as part of General and Administrative expenses in Rithm Capital’s Consolidated Statements of Operations. As of September 30, 2023, these subservicers include PHH, Valon and Loancare which
subservice 8.7%, 3.9% and 1.6%, respectively, of the MSRs owned by Rithm Capital. The remaining 85.8% of owned MSRs are serviced by the Mortgage Company (Note 1).

During the nine months ended September 30, 2023, Rithm Capital notified Mr. Cooper, LoanCare and Flagstar that their respective subservicing agreements would not be renewed and servicing related to loans subserviced by Mr. Cooper, LoanCare and Flagstar would be transferred to the Mortgage Company. As of September 30, 2023, no loans in relation to owned MSRs were subserviced by Mr. Cooper and Flagstar.

Servicer Advances Receivable

In connection with Rithm Capital’s ownership of MSRs, the Company assumes the obligation to serve as a liquidity provider to initially fund servicer advances on the underlying pool of mortgages (Note 22) it services. These servicer advances are recorded when advanced and are included in servicer advances receivable on the Consolidated Balance Sheets.

The table below summarizes the type of advances included in the servicer advances receivable:
September 30, 2023December 31, 2022
Principal and interest advances$579,277 $664,495 
Escrow advances (taxes and insurance advances)1,093,779 1,426,409 
Foreclosure advances833,680 754,073 
Total(A)(B)(C)
$2,506,736 $2,844,977 
(A)Includes $426.5 million and $526.5 million of servicer advances receivable related to Agency MSRs, respectively, recoverable either from the borrower or the Agencies.
(B)Includes $296.1 million and $261.8 million of servicer advances receivable related to Ginnie Mae MSRs, respectively, recoverable from either the borrower or Ginnie Mae. Expected losses for advances associated with Ginnie Mae loans in the MSR portfolio are considered in the MSR fair valuation through a non-reimbursable advance loss assumption.
(C)Excludes $72.5 million and $19.5 million, respectively, in unamortized advance discount and reserves, net of accruals for advance recoveries. These reserves relate to inactive loans in the foreclosure or liquidation process.

Rithm Capital’s servicer advances receivable related to Non-Agency MSRs generally have the highest reimbursement priority pursuant to the underlying servicing agreements (i.e., “top of the waterfall”) and Rithm Capital is generally entitled to repayment from respective loan or REO liquidation proceeds before any interest or principal is paid on the bonds that were issued by the trust. In the majority of cases, advances in excess of respective loan or REO liquidation proceeds may be recovered from pool-level proceeds. Furthermore, to the extent that advances are not recoverable by Rithm Capital as a result of the subservicer’s failure to comply with applicable requirements in the relevant servicing agreements, Rithm Capital has a contractual right to be reimbursed by the subservicer. For advances on loans that have been liquidated, sold, paid in full or modified, the Company has reserved $108.8 million, or 4.3%, and $65.4 million, or 2.3%, for expected non-recovery of advances as of September 30, 2023 and December 31, 2022, respectively.

The following table summarizes servicer advances reserve:
Balance at December 31, 2022$65,428 
Provision58,214 
Write-offs(14,851)
Balance at September 30, 2023$108,791 

See Note 18 regarding the financing of MSRs and servicer advances receivable.