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Notes Receivable and Current Expected Credit Losses
12 Months Ended
Dec. 31, 2023
Receivables [Abstract]  
Notes Receivable and Current Expected Credit Losses Notes Receivable and Current Expected Credit Losses
Notes Receivable 

The Company had the following loans receivable outstanding as of December 31, 2023 and 2022 ($ in thousands):
    
Outstanding loan amount (a)
Maximum loan commitmentInterest rateInterest compounding
Development ProjectDecember 31, 2023December 31, 2022
Solis City Park II$24,313 
(a)
$19,062 
(a)
$20,594 13.0 %Annually
Solis Gainesville II22,268 
(a)
6,638 
(a)
19,595 14.0 %
(b)
Annually
Solis Kennesaw15,922 
(a)
— 37,870 14.0 %
(b)
Annually
Solis Peachtree Corners11,092 
(a)
— 28,440 15.0 %
(b)
Annually
The Allure at Edinburgh9,830 
(a)
— 9,228 15.0 %
(c)
None
The Interlock(d)
— 86,584 
(a)
107,000 
(e)
15.0 %None
Total mezzanine & preferred equity83,425 112,284 $222,727 
Constellation Energy Building note receivable— 12,834 
Other notes receivable12,219 
(a)
11,512 
(a)
Notes receivable guarantee premium— 701 
Allowance for credit losses(f)
(1,472)(1,292)
Total notes receivable$94,172 $136,039 
_______________________________________
(a) Outstanding loan amounts include any accrued and unpaid interest, and accrued exit fees, as applicable.
(b) The interest rate varies over the life of the loans, and the Company also earns an unused commitment fee. Refer below under “Solis Gainesville II,” “Solis Kennesaw,” and “Solis Peachtree Corners” for further details.
(c) The interest rate varies over the life of the loan. Refer below under “The Allure at Edinburgh” for further details.
(d) This note receivable was repaid on May 19, 2023 in connection with the Company’s acquisition of The Interlock. Refer below under “The Interlock” for further details.
(e) This amount includes interest reserves.
(f) The amounts as of December 31, 2023 and 2022 exclude $0.7 million and $0.3 million, respectively, of CECL allowance that relates to the unfunded commitments, which were recorded as a liability under other liabilities in the consolidated balance sheets.

Interest on notes receivable is accrued and funded utilizing the interest reserves for each loan, which are components of the respective maximum loan commitments, and such accrued interest is added to the loan receivable balances. The Company recognized interest income for the years ended December 31, 2023, 2022, and 2021 as follows (in thousands):
Years Ended December 31, 
Development Project202320222021
Nexton Multifamily$— $5,348 
(a)
$1,252 
Solis Apartments at Interlock— — 4,005 
(b)(c)
Solis City Park II2,887 
(c)
1,038 
(c)
— 
Solis Gainesville II2,757 
(c)(d)
205 — 
Solis Kennesaw2,810 
(c)(d)
— — 
Solis Peachtree Corners1,472 
(c)(d)
— — 
The Allure at Edinburgh603 — — 
The Interlock3,647 
(c)
9,870 
(c)
12,769 
(c)
Total mezzanine & preferred equity interest income14,176 16,461 18,026 
Other interest income927 517 431 
Total interest income$15,103 $16,978 $18,457 
________________________________________
(a) Includes prepayment premium of $2.7 million received from the early payoff of the loan.
(b) Includes prepayment premium of $2.4 million received from the early payoff of the loan.
(c) Includes recognition of interest income related to fee amortization.
(d) Includes recognition of unused commitment fees.

Management has concluded that each entity that owns the respective projects denoted below is a VIE. Because the other investor in each project is the developer and managing member of each entity that owns the respective project, the Company does not have the power to direct the activities that most significantly impact their performance. Accordingly, the Company is not the primary beneficiary and does not consolidate any of these projects in its consolidated financial statements.

Solis City Park II

On March 23, 2022, the Company entered into a $20.6 million preferred equity investment for the development of a multifamily property located in Charlotte, North Carolina ("Solis City Park II"). The investment has economic terms consistent with a note receivable, including a mandatory redemption or maturity on April 28, 2026, and it is accounted for as a note receivable. The Company's investment bears interest at a rate of 13%, compounded annually, with minimum interest of $5.7 million over the life of the investment.

Solis Gainesville II

On October 3, 2022, the Company entered into a $19.6 million preferred equity investment for the development of a multifamily property located in Gainesville, Georgia ("Solis Gainesville II"). The investment has economic terms consistent with a note receivable, including a mandatory redemption or maturity on October 3, 2026, and it is accounted for as a note receivable. The Company's investment bears interest at a rate of 14%, compounded annually, with minimum interest of $5.9 million over the life of the investment.

On March 29, 2023, the Solis Gainesville II preferred equity investment agreement was modified to adjust the interest rate. The interest rate of 14% remains effective through the first 24 months of the investment. Beginning on October 3, 2024, the investment will bear interest at a rate of 10% for 12 months. On October 3, 2025, the investment will again bear interest at a rate of 14% per annum through maturity. Additionally, the amendment introduced an unused commitment fee of 10% on the unfunded portion of the investment's maximum loan commitment, which is effective January 1, 2023. Both the interest and unused commitment fee compound annually.

Solis Kennesaw

On May 25, 2023, the Company entered into a $37.9 million preferred equity investment for the development of a multifamily property located in Marietta, Georgia ("Solis Kennesaw"). The investment has economic terms consistent with a note receivable, including a mandatory redemption or maturity on May 25, 2027, and it is accounted for as a note receivable. The Company's investment bears interest at a rate of 14.0% for the first 24 months. Beginning on May 25, 2025, the investment will bear interest at a rate of 9.0% for 12 months. On May 25, 2026, the investment will again bear interest at a rate of 14.0% through maturity. The interest compounds annually. The Company also earns an unused commitment fee of 11.0% on the unfunded portion of the investment's maximum loan commitment, which does not compound, and an equity fee on its commitment of $0.6 million to be amortized through redemption. The preferred equity investment is subject to a minimum interest guarantee of $13.1 million over the life of the investment.

Solis Peachtree Corners

On July 26, 2023, the Company entered into a $28.4 million preferred equity investment for the development of a multifamily property located in Peachtree Corners, Georgia ("Solis Peachtree Corners"). The preferred equity investment has economic and other terms consistent with a note receivable, including a mandatory redemption feature effective on October 27, 2027. The Company's investment bears interest at a rate of 15.0% for the first 27 months. Beginning on November 1, 2025, the investment will bear interest at a rate of 9.0% for 12 months. On November 1, 2026, the investment will again bear interest at a rate of 15.0% through maturity. The interest compounds annually. The Company also earns an unused commitment fee of 10.0% on the unfunded portion of the investment's maximum loan commitment, which also compounds annually, and an equity fee on its commitment of $0.4 million to be amortized through redemption. The preferred equity investment is subject to a minimum interest guarantee of $12.0 million over the life of the investment.
The Allure at Edinburgh

On July 26, 2023, the Company entered into a $9.2 million preferred equity investment for the development of a multifamily property located in Chesapeake, Virginia ("The Allure at Edinburgh"). The preferred equity investment has economic and other terms consistent with a note receivable, including a mandatory redemption feature effective on January 16, 2028. The Company's investment bears interest at a rate of 15.0%, which does not compound. Upon The Allure at Edinburgh obtaining a certificate of occupancy, the investment will bear interest at a rate of 10.0%. The common equity partner in the development property holds an option to sell the property to the Company at a predetermined amount if certain conditions are met. The Company also holds an option to purchase the property at any time prior to maturity of the preferred equity investment, and at the same predetermined amount as the common equity partner's option to sell.

The Interlock

On May 19, 2023, the Company acquired The Interlock. The consideration for such acquisition included the repayment of the Company's outstanding $90.2 million mezzanine loan on the project. Refer to Note 5 for further information regarding the acquisition.

Guarantee liabilities

As of December 31, 2023, the Company had outstanding payment guarantees for the senior loans on Harbor Point Parcel 4 as described above. As of December 31, 2023 and 2022, the Company has recorded a guarantee liability of $0.1 million and $0.9 million, respectively, representing the unamortized fair value. These guarantees are classified as other liabilities on the Company's consolidated balance sheets, with a corresponding adjustment to the notes receivable balance on the consolidated balance sheets. See Note 18 for additional information on the Company's outstanding guarantees.

Allowance for Loan Losses

The Company is exposed to credit losses primarily through its real estate financing investments. As of December 31, 2023, the Company had five real estate financing investments, which are accounted for as notes receivable, each of which are financing development projects in various stages of completion or lease-up. Each of these projects is subject to a loan that is senior to the Company’s loan. Interest on these loans is paid in kind and is generally not expected to be paid until a sale of the project after completion of the development. The Company also has $12.2 million outstanding in other notes receivable.

The Company updated the risk ratings for each of its notes receivable as of December 31, 2023 and obtained industry loan loss data relative to these risk ratings. Each of the outstanding loans as of December 31, 2023 was "Pass" rated. The Company’s analysis resulted in an allowance for loan losses of approximately $2.2 million for the year ended December 31, 2023. An allowance related to unfunded commitments of approximately $0.7 million as of December 31, 2023 was recorded as Other liabilities on the consolidated balance sheet.

At December 31, 2023, the Company reported $94.2 million of notes receivable, net of allowances of $1.5 million. At December 31, 2022, the Company reported $136.0 million of notes receivable, net of allowances of $1.3 million.

Changes in the allowance for funded and unfunded commitments for the years ended December 31, 2023 and 2022 were as follows (in thousands):
Year ended December 31, 2023Year ended December 31, 2022
FundedUnfundedTotalFundedUnfundedTotal
Beginning balance$1,292 $338 $1,630 $994 $10 $1,004 
Unrealized credit loss provision (release)645 394 1,039 298 328 626 
Extinguishment due to acquisition(465)— (465)— — — 
Ending balance$1,472 $732 $2,204 $1,292 $338 $1,630 

The Company places loans on non-accrual status when the loan balance, together with the balance of any senior loan, approximately equals the estimated realizable value of the underlying development project. As of December 31, 2022, the Company had the Constellation Energy Building note, which bore interest at 3% per annum, on non-accrual status. The principal balance of the note receivable was adequately secured by the seller's partnership interest. On January 14,
2023, the Company acquired an additional 11% membership interest in the Constellation Energy Building, increasing its ownership interest to 90%, in exchange for full satisfaction of the note. As of December 31, 2023, there were no loans on non-accrual status.