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FCMC.PK > SEC Filings for FCMC.PK > Form 10-Q on 14-Nov-2008All Recent SEC Filings

Show all filings for FRANKLIN CREDIT MANAGEMENT CORP/DE/ | Request a Trial to NEW EDGAR Online Pro

Form 10-Q for FRANKLIN CREDIT MANAGEMENT CORP/DE/


14-Nov-2008

Quarterly Report


ITEM 2. MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS
General
Safe Harbor Statements. Statements contained herein that are not historical fact may be forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, that are subject to a variety of risks and uncertainties. There are a number of important factors that could cause actual results to differ materially from those projected or suggested in forward-looking statements made by the Company. These factors include, but are not limited to: (i) unanticipated changes in the U.S. economy, including changes in business conditions such as interest rates, changes in the level of growth in the finance and housing markets, such as slower or negative home price appreciation; (ii) the Company's relations with the Company's lenders and such lenders' willingness to waive any defaults under the Company's agreements with such lenders; (iii) increases in the delinquency rates of the Company's borrowers, (iv) the availability of third parties holding subprime mortgage debt for servicing by the Company on a fee-paying basis; (v) changes in the statutes or regulations applicable to the Company's business or in the interpretation and enforcement thereof by the relevant authorities; (vi) the status of the Company's regulatory compliance; and (vii) other risks detailed from time to time in the Company's SEC reports and filings. Additional factors that would cause actual results to differ materially from those projected or suggested in any forward-looking statements are contained in the Company's filings with the Securities and Exchange Commission, including, but not limited to, those factors discussed under the captions "Risk Factors," "Interest Rate Risk" and "Real Estate Risk" in the Company's Annual Report on Form 10-K and Quarterly Reports on Form 10-Q, which the Company urges investors to consider. The Company undertakes no obligation to publicly release the revisions to such forward-looking statements that may be made to reflect events or circumstances after the date hereof or to reflect the occurrences of unanticipated events, except as otherwise required by securities, and other applicable laws. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date hereof. The Company undertakes no obligation to release publicly the results on any events or circumstances after the date hereof or to reflect the occurrence of unanticipated events. Allowance for Loan Losses
The substantial deterioration in the housing and subprime mortgage markets, the continued declines in housing values and the general lack of available mortgage credit especially for subprime borrowers, coupled with a weakening national economy, have continued to negatively impact the credit quality of the acquired and originated loans in the Company's portfolios, including particularly the portfolio of acquired second-lien mortgage loans. As a result of increases in both early-stage and severe delinquencies and increased loss severities, the Company substantially increased its allowance for loan losses at June 30, 2008 and recorded a provision for loan losses of $280.5 million during the three months ended June 30, 2008. At September 30, 2008, approximately 48% of the Company's second-lien portfolio of acquired loans was delinquent on a recency payment basis, and which approximately 37% of such acquired portfolio was in the most serious stages of nonpayment (such as foreclosure, bankruptcy and judgment), compared with approximately 32% at December 31, 2007, and approximately 17% which were in the most serious stages of nonpayment. At September 30, 2008, approximately 51% of the portfolio of originated Liberty Loans was delinquent on a recency payment basis, of which approximately 45% of such portfolio was in the most serious stages of nonpayment (such as foreclosure, bankruptcy and judgment), compared with approximately 45% at December 31, 2007, and approximately 42% which were in the most serious stages of nonpayment. The allowance for loan losses for all portfolios at September 30, 2008 aggregated $432.0 million, compared with $254.7 million at December 31, 2007.


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Until December 28, 2007, the Company was primarily engaged in the acquisition, servicing and resolution of performing, reperforming and nonperforming residential mortgage loans and real estate assets, and the origination of subprime mortgage loans, principally for its portfolios. As a result, the Company will continue to be exposed to the deteriorating conditions of the housing and subprime mortgage markets noted above, and depending on those market conditions, the Company may experience increased delinquencies and defaults on its portfolios that could result in possible additional and significant future losses.
Application of Critical Accounting Policies and Estimates The Company's significant accounting policies are described in Note 2 to the December 31, 2007 consolidated financial statements filed on Form 10-K. We have identified notes receivable and income recognition, discounts on acquired loans, allowance for loan losses, originated loans held for sale, originated loans held for investment, other real estate owned ("OREO"), and income taxes as the Company's most critical accounting policies and estimates. The following discussion and analysis of financial condition and results of operations is based on the amounts reported in our consolidated financial statements, which are prepared in accordance with accounting principles generally accepted in the United States of America, or GAAP. In preparing the consolidated financial statements, management is required to make various judgments, estimates and assumptions that affect the financial statements and disclosures. Changes in these estimates and assumptions could have a material effect on our consolidated financial statements. Management believes that the estimates and judgments used in preparing these consolidated financial statements were the most appropriate at that time.
Portfolio Characteristics
Overall Portfolio
At September 30, 2008, our portfolio (excluding OREO) consisted of $1.22 billion of notes receivable (inclusive of purchase discount not reflected on the face of the balance sheet) and $411.9 million of loans held for investment. Our total loan portfolio declined 15% to $1.63 billion as of September 30, 2008, from $1.92 billion at December 31, 2007, as the Company did not acquire or originate mortgage loans during the first nine months of 2008. The following table sets forth information regarding the types of properties securing our loans.

                                                               Percentage of Total
  Property Types                       Principal Balance        Principal Balance
  Residential 1-4 family              $     1,360,719,295                     83.34 %
  Condos, co-ops, PUD dwellings               207,997,433                     12.74 %
  Manufactured and mobile homes                15,674,206                      0.96 %
  Multi-family                                    485,410                      0.03 %
  Secured, property type unknown(1)            20,404,652                      1.25 %
  Commercial                                    1,902,564                      0.12 %
  Unsecured loans(2)                           25,349,343                      1.55 %
  Other                                           109,604                      0.01 %

  Total                               $     1,632,642,507                    100.00 %

(1) The loans included in this category are principally small balance (less than $10,000) second-lien loans acquired, and are collateralized by residential real estate.

(2) The loans included in this category are principally second-lien loans where the residential real estate collateral has been foreclosed by the first-lien holder.


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Geographic Dispersion. The following table sets forth information regarding the geographic location of properties securing the loans in our portfolio at September 30, 2008:

                                                     Percentage of Total
             Location        Principal Balance        Principal Balance
             California     $       239,539,893                     14.67 %
             New York               179,055,475                     10.97 %
             New Jersey             151,069,427                      9.25 %
             Florida                146,099,950                      8.95 %
             Pennsylvania            74,971,756                      4.59 %
             Texas                   73,921,074                      4.53 %
             Ohio                    54,414,229                      3.33 %
             Illinois                52,892,744                      3.24 %
             Maryland                52,464,934                      3.22 %
             Michigan                47,679,320                      2.92 %
             All Others             560,533,705                     34.33 %

             Total          $     1,632,642,507                    100.00 %

Amounts included in the tables above under the heading "Principal Balance" represent the aggregate unpaid principal balance outstanding of notes receivable and loans held for investment.


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Asset Quality
Delinquency. Because we specialized in acquiring and servicing loans with erratic payment patterns and an elevated level of credit risk, a portion of the loans we have acquired were in various stages of delinquency, foreclosure and bankruptcy when we acquired them. We monitor the payment status of our borrowers based on both contractual delinquency and recency delinquency. By contractual delinquency, we mean the delinquency of payments relative to the contractual obligations of the borrower. By recency delinquency, we mean the recency of the most recent full monthly payment received from the borrower. By way of illustration, on a recency delinquency basis, if the borrower has made the most recent full monthly payment within the past 30 days, the loan is shown as current regardless of the number of contractually delinquent payments. In contrast, on a contractual delinquency basis, if the borrower has made the most recent full monthly payment, but has missed an earlier payment or payments, the loan is shown as contractually delinquent. We classify a loan as in foreclosure when we determine that the best course of action to maximize recovery of unpaid principal balance is to begin the foreclosure process. We classify a loan as in bankruptcy when we receive notice of a bankruptcy filing from the bankruptcy court. We classify a previously delinquent or performing loan as modified when we have restructured the loan due to the borrowers deteriorated financial situation, and, as a condition to the closing of the modification, received at least one full monthly payment at the time of the closing of the modification. Modified loans are classified as current on both a contractual and recency basis at the time of the modification. As of September 30, 2008 principally all of the modified loans consisted of the deferral of the past due and uncollected interest or a reduction in the interest rate. Interest rate reduction modifications generally are for a period of one year, and for rate reduction modifications of delinquent loans, also incorporate a deferral of the past due and uncollected interest.
During the past several months, due to the continued decline in housing prices nationally, the deterioration in mortgage markets and the increased delinquency performance of the acquired and originated loans in the Company's portfolios, including particularly the portfolio of acquired second-lien mortgage loans, we significantly added to our servicing staff and intensified our efforts to work with borrowers to modify their loans, and have recently begun to more quickly identify those borrowers who are likely to move into seriously delinquent status and are attempting to promptly apply appropriate loss mitigation and deficiency strategies to encourage positive payment performance. In addition, we segregated our deficiency unit into a separate department headed by a senior manager and reporting directly to the President of the Company. The Company's deficiency department primarily utilizes the filing of a judgment action in order to seek some recovery from seriously delinquent borrowers, principally defaulted borrowers of second-lien mortgage loans.
During the third quarter of 2008, we completed approximately $162.0 million of loan modifications, including approximately $65.3 million of interest rate reduction modifications. As of September 30, 2008, total loan modifications amounted to $276.0 million, which included approximately $65.3 million of interest rate reductions. The average interest rate reduction on the $65.3 million of rate modified loans was approximately 4.91% at September 30, 2008, from approximately 11.53% to an average of 6.62%. These interest rate modifications will reduce interest income by as much as approximately $3.0 million on an annualized basis. Approximately 85% of all loan modifications as of September 30, 2008 were performing loans that were delinquent on a contractual basis less than 90 days at the time of modification, including approximately 58% that were in a current status on a contractual basis and granted modifications based on our evaluation of the borrowers deteriorated financial situation. At December 31, 2007 and September 30, 2007, loan modifications totaled $10.5 million and $12.6 million, respectively.


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The following tables provide a breakdown of the delinquency status of our notes receivable, loans held for investment and loans held for sale portfolios as of the dates indicated, by principal balance.

                                                                                   September 30, 2008
                                                             Contractual Delinquency                  Recency Delinquency
                                      Days Past Due          Amount                %                Amount                %
Performing - Current                  0 - 30 days        $   512,646,413           31.40 %      $   581,847,496           35.64 %
Delinquent                            31 - 60 days            49,585,457            3.04 %           35,140,081            2.15 %
                                      61 - 90 days             5,146,400            0.31 %           24,242,795            1.48 %
                                      90+ days               155,106,917            9.50 %           81,254,815            4.98 %

Modified Loans                        0 - 30 days            187,270,400           11.47 %          219,059,007           13.42 %
Delinquent                            31 - 60 days            38,965,710            2.39 %           22,208,670            1.36 %
                                      61 - 90 days             1,297,552            0.08 %           14,846,238            0.91 %
                                      90+ days                48,473,706            2.97 %           19,893,453            1.22 %

Bankruptcy                            0 - 30 days             25,085,074            1.53 %           71,807,705            4.40 %
Delinquent                            31 - 60 days             6,538,642            0.40 %            6,906,295            0.42 %
                                      61 - 90 days             1,979,875            0.12 %            5,684,040            0.35 %
                                      90+ days               119,949,707            7.35 %           69,155,258            4.23 %

Foreclosure                           0 - 30 days              6,322,187            0.39 %           24,999,493            1.53 %
Delinquent                            31 - 60 days               871,576            0.05 %            6,101,502            0.37 %
                                      61 - 90 days               238,783            0.02 %            4,318,266            0.27 %
                                      90+ days               473,164,108           28.98 %          445,177,393           27.27 %


                                      Total              $ 1,632,642,507          100.00 %      $ 1,632,642,507          100.00 %

Total loans                           0 - 30 days        $   731,324,074           44.79 %      $   897,713,701           54.99 %

Included in the foreclosure category are approximately $186.4 million of loans for which the Company has proceeded to file a judgment action against the borrower on the note personally instead of seeking to foreclose on the related collateral, of which approximately $180.2 million are second-lien loans, and approximately $9.7 million of loans for which judgments have been obtained, of which approximately $8.7 million are second-lien loans.
Included in the above table are second-lien mortgage loans in our notes receivable portfolio in the amount of $807.9 million, of which $371.2 million and $419.7 million were current on a contractual and recency basis, respectively. The legal status composition of the second-lien mortgage loans at September 30, 2008 was: $442.6 million, or 55%, are performing; $62.7 million, or 8%, are modified due to delinquency or the borrower's financial difficulty; $69.2 million, or 9%, are in bankruptcy; and, $233.4 million, or 29%, are in foreclosure (including $188.9 million where a judgment action has been filed against the borrower on the note personally or where judgments have been obtained). At September 30, 2008, $15.0 million of the modified loans was delinquent on a contractual basis, while $11.0 million of the modified loans was delinquent on a recency basis.
During 2007, particularly during the second half of the year, and continuing in the first nine months of 2008, due to declining housing prices in general and a rapid and severe credit tightening throughout the mortgage industry, particularly for subprime borrowers, total portfolio payoffs through


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borrower refinancing have declined significantly as it became more difficult for borrowers with any type of credit deficiency to refinance their loans. Total portfolio payoffs declined approximately 59% in the nine months ended September 30, 2008 from the same nine month period in 2007. In addition, due principally to the increase in delinquent loans in the Company's portfolio, which at September 30, 2008 comprised approximately 45% of the total portfolio, total portfolio principal collections, excluding loan payoffs, declined by approximately 30% during the nine months ended September 30, 2008 compared with the same nine month period in 2007, and approximately 19% during the current three months compared with the same three month period in 2007.

                                                                                   December 31, 2007
                                                             Contractual Delinquency                  Recency Delinquency
                                      Days Past Due          Amount                %                Amount                %
Performing - Current                  0 - 30 days        $   951,861,876           49.48 %      $ 1,110,650,415           57.73 %
Delinquent                            31 - 60 days           123,519,019            6.42 %           95,368,280            4.96 %
                                      61 - 90 days             8,853,424            0.46 %           34,790,945            1.81 %
                                      90+ days               285,242,612           14.83 %          128,667,291            6.69 %

Modified Loans                        0 - 30 days              7,982,183            0.41 %           10,146,896            0.52 %
Delinquent                            31 - 60 days             1,694,772            0.09 %              393,498            0.02 %
                                      61 - 90 days                77,350            0.00 %                    -               -
                                      90+ days                   794,889            0.04 %                8,800            0.00 %

Bankruptcy                            0 - 30 days             29,384,478            1.53 %           87,622,292            4.55 %
Delinquent                            31 - 60 days             6,383,420            0.33 %            7,556,925            0.39 %
                                      61 - 90 days             2,556,033            0.13 %            3,995,884            0.21 %
                                      90+ days               114,241,573            5.94 %           53,390,403            2.78 %

Foreclosure                           0 - 30 days              1,991,903            0.10 %           32,997,880            1.71 %
Delinquent                            31 - 60 days             3,597,615            0.19 %           11,465,656            0.60 %
                                      61 - 90 days               374,471            0.02 %           10,356,000            0.54 %
                                      90+ days               385,324,958           20.03 %          336,469,411           17.49 %


                                      Total              $ 1,923,880,576          100.00 %      $ 1,923,880,576          100.00 %

Total loans                           0 - 30 days        $   991,220,440           51.52 %      $ 1,241,417,483           64.53 %

Included in the foreclosure category are approximately $39.0 million of loans for which the Company has proceeded to file a judgment action against the borrower on the note personally instead of seeking to foreclose on the related collateral, of which approximately $35.7 million are second-lien loans, and approximately $19.4 million of loans for which judgments have been obtained, of which approximately $18.2 million are second-lien loans.


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                                                                                   September 30, 2007
                                                             Contractual Delinquency                  Recency Delinquency
                                      Days Past Due          Amount                %                Amount                %
Performing - Current                  0 - 30 days        $ 1,092,646,191           55.50 %      $ 1,250,927,577           63.55 %
Delinquent                            31 - 60 days           123,976,227            6.30 %           75,308,691            3.82 %
                                      61 - 90 days            10,207,069            0.52 %           31,061,780            1.58 %
                                      90+ days               212,203,034           10.78 %           81,734,473            4.15 %

Modified Loans                        0 - 30 days              7,834,137            0.40 %            9,567,237            0.49 %
Delinquent                            31 - 60 days               968,230            0.05 %              756,551            0.04 %
                                      61 - 90 days               231,602            0.01 %              197,202            0.01 %
                                      90+ days                 1,568,083            0.08 %               81,062            0.00 %

Bankruptcy                            0 - 30 days             30,749,328            1.56 %           88,300,973            4.49 %
Delinquent                            31 - 60 days             7,626,350            0.39 %            9,383,435            0.48 %
                                      61 - 90 days             2,693,854            0.14 %            3,595,828            0.18 %
                                      90+ days               106,736,276            5.42 %           46,525,572            2.36 %

Foreclosure                           0 - 30 days                779,147            0.04 %           32,380,044            1.64 %
Delinquent                            31 - 60 days             4,619,690            0.23 %           16,766,930            0.85 %
                                      61 - 90 days             1,187,643            0.06 %           18,614,531            0.95 %
                                      90+ days               364,488,152           18.52 %          303,313,127           15.41 %


                                      Total              $ 1,968,515,013          100.00 %      $ 1,968,515,013          100.00 %

Total loans                           0 - 30 days        $ 1,132,008,803           57.51 %      $ 1,381,175,831           70.16 %

Included in the foreclosure category are approximately $38.4 million of loans for which the Company has proceeded to file a judgment action against the borrower on the note personally instead of seeking to foreclose on the related collateral, of which approximately $35.2 million are second-lien loans, and approximately $14.8 million of loans for which judgments have been obtained, of which approximately $13.8 million are second-lien loans.


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Notes Receivable Portfolio
At September 30, 2008, our notes receivable portfolio included approximately 24,405 loans with an aggregate unpaid principal balance ("UPB") of $1.22 billion and a net UPB of $702.2 million (after allowance for loan losses of $394.0 million), compared with approximately 28,865 loans with an aggregate UPB of $1.42 billion and a net UPB of $1.06 billion (after allowance for loan losses of $230.8 million) as of December 31, 2007. Impaired loans comprise and will continue to comprise a significant portion of our portfolio. Many of the loans we acquired were impaired loans at the time of purchase. We generally purchased such loans at discounts and have considered the payment status, underlying collateral value and expected cash flows when determining our purchase price. While interest income generally is not accrued on impaired loans, interest and fees are received on a portion of loans classified as impaired. The following table provides a breakdown of the notes receivable portfolio by performing and impaired loans:

                                                                   September 30, 2008          December 31, 2007
Performing loans                                                  $        615,793,474        $     1,087,987,060
Allowance for loan losses                                                  117,120,054                129,967,195
Nonaccretable discount*                                                     24,005,390                 61,590,526

Total performing loans, net of allowance for loan losses and
nonaccretable discount                                                     474,668,030                896,429,339


Impaired loans                                                             604,910,856                330,212,508
Allowance for loan losses                                                  276,922,899                100,842,743
Nonaccretable discount*                                                     75,301,773                 40,551,354
. . .
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