Loans Receivable

9 Months Ended

Sep. 30, 2012

Loans Receivable [Abstract]

Loans Receivable

5. Loans Receivable

The following table summarizes the Trust’s loans receivable at September 30, 2012 and December 31, 2011 (in thousands):

			Carrying Amount				Contractual Maturity Date
Description	Location Position	Stated Interest Rate	September 30, 2012		December 31, 2011
Hotel Wales	Whole Loan	LIBOR + 4.0% (2)	$	20,097	$	20,101	10/05/13
Renaissance Walk	Mezzanine	LIBOR + 12.0% (3)		3,000		3,000	01/01/14
Fenway Shea (1)	Whole Loan	12.00%		2,250		—	04/05/14
The Shops at Wailea	B-Note	6.15%		5,187		—	10/06/14
Legacy Orchard (1)	Corporate Loan	15.00%		9,750		9,750	10/31/14
San Marbeya	Whole Loan	5.88%		26,980		26,501	01/01/15
127 West 25th Street	Mezzanine	14.00% (4)		8,894		—	04/30/15
Churchill (1)	Whole Loan	LIBOR + 3.75%		507		—	06/01/15
Rockwell	Mezzanine	12.00%		307		275	05/01/16
Pinnacle II	B-Note	6.31%		4,653		—	09/30/16
The Disney Building	B-Note	5.90%		9,041		—	04/30/17
Popiu Shopping Village	B-Note	6.62%		1,924		—	01/06/17
500-512 7th Ave	B-Note	7.19%		10,000		9,979	07/11/16
Wellington Tower	Mezzanine	6.79%		2,654		2,563	07/11/17
Mentor Building	Whole Loan	10.00%		2,511		—	09/10/17
Broward Financial Center (5)	Whole Loan	9.84%		30,246		—	(5)
180 N. Michigan (6)	Mezzanine	—		—		2,930	(6)
160 Spear (7)	B-Note	—		—		11,555	(7)
160 Spear (7)	Mezzanine	—		—		4,846	(7)
Magazine (7)	Mezzanine	—		—		18,805	(7)
Marc Realty - 30 N Michigan (8)	Mezzanine	—		—		—	(8)
Marc Realty - 29 East Madison (8)	Mezzanine	—		—		4,028	(8)
			$	138,001	$	114,333

(1) The Trust determined that certain loans receivable are variable interests in VIEs primarily based on the fact that the underlying entities do not have sufficient equity at risk to permit the entity to finance its activities without additional subordinated financial support. The Trust does not have the power to direct the activities of the entity that most significantly impact the entity’s economic performance and is not required to consolidate the underlying entity.

(2) LIBOR floor of 3%.

(3) LIBOR floor of 2%.

(4) Interest rate is equal to the greater of 14.0% or LIBOR + 10%.

(5) The loan was satisfied subsequent to September 30, 2012.

(6) Converted to equity investment during the three months ended March 31, 2012.

(7) The loans were satisfied during the three months ended June 30, 2012.

(8) The loans were satisfied during the three months ended September 30, 2012.

The carrying amount of loans receivable includes accrued interest of $793,000 and $500,000 at September 30, 2012 and December 31, 2011, respectively, and cumulative accretion of $1,833,000 and $9,914,000 at September 30, 2012 and December 31, 2011, respectively.

At September 30, 2012 and December 31, 2011, the Trust’s loans receivable have unamortized discount yet to be recognized as income totaling $11,561,000 and $8,399,000, respectively.

The weighted average coupon on the Trust’s loans receivable was 7.07% and 5.99% and the weighted average yield to maturity was 11.02% and 12.64% at September 30, 2012 and December 31, 2011, respectively.

With the exception of the San Marbeya and Hotel Wales loans receivable, none of the loans receivable are directly financed. Non-recourse secured financings in the amount of $29,150,000 related to these loans receivable were outstanding at September 30, 2012 and December 31, 2011.

Loan Receivable Activity

Activity related to loans receivable is as follows (in thousands):

	Nine Months Ended September 30, 2012
Balance at beginning of period	$	114,333
Purchase and advances		71,520
Interest (received) accrued, net		293
Repayments		(37,126	)
Loan discount accretion		5,984
Discount accretion received in cash		(14,065	)
Conversion of 180 North Michigan loan to equity investments		(2,938	)
Balance at end of period	$	138,001

The following table summarizes the Trust’s interest, dividend and discount accretion income for the three and nine months ended September 30, 2012 and 2011 (in thousands):

	Three Months Ended September 30,				Nine Months Ended September 30,
	2012		2011		2012		2011
Interest, dividends and discount accretion detail:
Interest on loan assets	$	2,985	$	3,043	$	8,130	$	8,440
Accretion of loan discount		425		2,374		5,984		11,167
Interest and dividends on REIT securities		312		86		904		662
Total interest, dividends, and discount accretion	$	3,722	$	5,503	$	15,018	$	20,269

Credit Quality of Loans Receivable and Loan Losses

The Trust evaluates impairment on its loan portfolio on an individual basis and has developed a loan grading system for all of its outstanding loans that are collateralized directly or indirectly by real estate. Grading categories include debt yield, debt service coverage ratio, length of loan, property type, loan type, and other more subjective variables that include property or collateral location, market conditions, industry conditions, and sponsor’s financial stability. Management reviews each category and assigns an overall numeric grade for each loan to determine the loan’s risk of loss and to provide a determination as to whether an individual loan is impaired and whether a specific loan loss allowance is necessary. A loan’s grade of credit quality is determined quarterly.

All loans with a positive score do not require a loan loss allowance. Any loan graded with a neutral score or “zero” is subject to further review of the collectability of the interest and principal based on current conditions and qualitative factors to determine if impairment is warranted. Any loan with a negative score is deemed impaired and management then would measure the specific impairment of each loan separately using the fair value of the collateral less costs to sell.

Management estimates the loan loss allowance by calculating the estimated fair value less costs to sell of the underlying collateral securing the loan based on the fair value of underlying collateral and comparing the fair value to the loan’s net carrying value. If the fair value is less than the net carrying value of the loan, an allowance is created with a corresponding charge to the provision for loan losses. The allowance for each loan will be maintained at a level the Trust believes will be adequate to absorb losses.

The table below summarizes the Trust’s loans receivable by internal credit rating at September 30, 2012 (in thousands, except for number of loans).

Internal Credit Quality	Number of Loans		Carrying Value of Loans Receivable
Greater than zero		16	$	138,001
Equal to zero		—		—
Less than zero		—		—
		16	$	138,001

Non-Performing Loans

The Trust considers a loan to be non-performing and places loans on non-accrual status at such time as management determines it is probable that it will be unable to collect all amounts due according to the contractual terms of the loan. While on non-accrual status, based on the Trust’s judgment as to collectability of principal, loans are either accounted for on a cash basis, where interest income is recognized only upon actual receipt of cash, or on a cost-recovery basis, where all cash receipts reduce a loan’s carrying value. If and when a loan is brought back into compliance with its contractual terms, the Trust will resume accrual of interest. As of September 30, 2012 and December 31, 2011, there were no non-performing loans and no past due payments. The Trust recorded no provision for loan loss for the three and nine months ended September 30, 2012 and 2011.