Note 21

9 Months Ended

Jul. 31, 2012

Fair Value Disclosures [Text Block]

21.  ASC 820, “Fair Value Measurements and Disclosures” (“ASC 820”), provides a framework for measuring fair value, expands disclosures about fair-value measurements and establishes a fair-value hierarchy which prioritizes the inputs used in measuring fair value summarized as follows:

Level 1                      Fair value determined based on quoted prices in active markets for identical assets.

Level 2                      Fair value determined using significant other observable inputs.

Level 3                      Fair value determined using significant unobservable inputs.

Our financial instruments measured at fair value on a recurring basis are summarized below:

(In thousands)	Fair Value Hierarchy	Fair Value at  July 31, 2012			Fair Value at October 31, 2011
Mortgage loans held for sale (1)	Level 2	$	91,898		$	73,126
Interest rate lock commitments	Level 2		326			142
Forward contracts	Level 2		(871	)		(1,096	)
		$	91,353		$	72,172

(1)  The aggregate unpaid principal balance was $87.4 million and $70.4 million at July 31, 2012 and October 31, 2011, respectively.

We elected the fair value option for our loans held for sale for mortgage loans originated subsequent to October 31, 2008 in accordance with ASC 825, “Financial Instruments” (“ASC 825”), which permits us to measure financial instruments at fair value on a contract-by-contract basis.  Management believes that the election of the fair value option for loans held for sale improves financial reporting by mitigating volatility in reported earnings caused by measuring the fair value of the loans and the derivative instruments used to economically hedge them without having to apply complex hedge accounting provisions.  In addition, the fair value of servicing rights is included in the Company’s loans held for sale as of July 31, 2012.  Fair value of the servicing rights is determined based on values in the Company’s servicing sales contracts.  Fair value of loans held for sale is based on independent quoted market prices, where available, or the prices for other mortgage whole loans with similar characteristics.

The assets accounted for using the fair value option are initially measured at fair value.  Gains and losses from initial measurement and subsequent changes in fair value are recognized in the Financial Services segment’s income (loss).  The changes in fair values that are included in income (loss) are shown, by financial instrument and financial statement line item, below:

	Three Months Ended July 31, 2012
(In thousands)	Loans Held For Sale		Interest Rate Lock Commitments		Forward Contracts
Changes in fair value included in net income (loss), all reflected in financial services revenues	$	863	$	193	$	(257)

	Three Months Ended July 31, 2011
(In thousands)	Loans Held For Sale		Interest Rate Lock Commitments		Forward Contracts
Changes in fair value included in net income (loss), all reflected in financial services revenues	$	11	$	(72)	$	186

	Nine Months Ended July 31, 2012
(In thousands)	Loans Held For Sale		Interest Rate Lock Commitments		Forward Contracts
Changes in fair value included in net income (loss), all reflected in financial services revenues	$	417	$	184	$	225

	Nine Months Ended July 31, 2011
(In thousands)	Loans Held For Sale			Interest Rate Lock Commitments		Forward Contracts
Changes in fair value included in net income (loss), all reflected in financial services revenues	$	(369	)	$	235	$	(573	)

The Company’s assets measured at fair value on a nonrecurring basis are those assets for which the Company has recorded valuation adjustments and write-offs during the periods presented.  The assets measured at fair value on a nonrecurring basis are all within the Company’s Homebuilding operations and are summarized below:
 

Non-financial Assets

		Three Months Ended July 31, 2012
(In thousands)	Fair Value Hierarchy	Pre-Impairment Amount		Total Losses		Fair Value
Sold and unsold homes and lots under development	Level 3	$	-	$	-	$	-
Land and land options held for future development or sale	Level 3	$	635	$	(165)	$	470

		Three Months Ended July 31, 2011
(In thousands)	Fair Value Hierarchy	Pre-Impairment Amount		Total Losses			Fair Value
Sold and unsold homes and lots under development	Level 3	$	14,827	$	(4,445	)	$	10,382
Land and land options held for future development or sale	Level 3	$	1,864	$	(689	)	$	1,175

		Nine Months Ended July 31, 2012
(In thousands)	Fair Value Hierarchy	Pre-Impairment Amount		Total Losses		Fair Value
Sold and unsold homes and lots under development	Level 3	$	6,978	$	(2,714)	$	4,264
Land and land options held for future development or sale	Level 3	$	17,131	$	(2,693)	$	14,438

		Nine Months Ended July, 2011
(In thousands)	Fair Value Hierarchy	Pre-Impairment Amount		Total Losses			Fair Value
Sold and unsold homes and lots under development	Level 3	$	81,532	$	(18,472	)	$	63,060
Land and land options held for future development or sale	Level 3	$	45,294	$	(9,734	)	$	35,560

We record impairment losses on inventories related to communities under development and held for future development when events and circumstances indicate that they may be impaired and the undiscounted cash flows estimated to be generated by those assets are less than their related carrying amounts.  If the expected undiscounted cash flows are less than the carrying amount, then the community is written down to its fair value.  We estimate the fair value of each impaired community by determining the present value of its estimated future cash flows at a discount rate commensurate with the risk of the respective community. Should the estimates or expectations used in determining cash flows or fair value decrease or differ from current estimates in the future, we may be required to recognize additional impairments.  We recorded inventory impairments, which are included in the Condensed Consolidated Statements of Operations as “Inventory impairment loss and land option write-offs” and deducted from Inventory of $0.2 million and $5.1 million for the three months ended July 31, 2012 and 2011, respectively, and $5.4 million and $28.2 million for the nine months ended July 31, 2012 and 2011, respectively.  See Note 5 for additional information.

The Financial Services segment had a pipeline of loan applications in process of $389.8 million at July 31, 2012.  Loans in process for which interest rates were committed to the borrowers totaled approximately $50.6 million as of July 31, 2012. Substantially all of these commitments were for periods of 60 days or less.  Since a portion of these commitments is expected to expire without being exercised by the borrowers, the total commitments do not necessarily represent future cash requirements.

The Financial Services segment uses investor commitments and forward sales of mandatory mortgage-backed securities (“MBS”) to hedge its mortgage-related interest rate exposure.  These instruments involve, to varying degrees, elements of credit and interest rate risk.  Credit risk is managed by entering into MBS forward commitments, option contracts with investment banks, federally regulated bank affiliates and loan sales transactions with permanent investors meeting the segment’s credit standards.  The segment’s risk, in the event of default by the purchaser, is the difference between the contract price and fair value of the MBS forward commitments and option contracts.  At July 31, 2012, the segment had open commitments amounting to $20.5 million to sell MBS with varying settlement dates through October 18, 2012.

Our Level 1 financial instruments consist of cash and cash equivalents and restricted cash, the fair value of which is based on Level 1 inputs. Our Level 2 financial instruments consist of mortgage loans held for sale and the senior secured, senior and senior subordinated amortizing notes payable.  The fair value of mortgage loans held for sale is determined as discussed above. The fair value of each of the senior secured, senior and senior subordinated amortizing notes is estimated based on recent trades or quoted market prices for the same issues or based on recent trades or quoted market prices for our debt of similar security and maturity to achieve comparable yields. The fair value of the senior secured, senior and senior subordinated amortizing notes was estimated at $966.7 million, $396.4 million and $3.9 million, respectively, as of July 31, 2012, and $653.5 million, $359.0 million and $4.4 million, respectively, as of October 31, 2011.