Submission for OMB Review; Comment Request-Thrift Financial Report: Schedules PD and VA, 39016-39020 [05-13286]
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Federal Register / Vol. 70, No. 128 / Wednesday, July 6, 2005 / Notices
via a telephone conference call. The
public is invited to make oral
comments. Individual comments will be
limited to 5 minutes. If you would like
to have the TAP consider a written
statement, please call 1–888–912–1227
or 206–220–6096, or write to Mary
Peterson O’Brien, TAP Office, 915 2nd
Avenue, MS W–406, Seattle, WA 98174
or you can contact us at https://
www.improveirs.org. Due to limited
conference lines, notification of intent
to participate in the telephone
conference call meeting must be made
with Mary Peterson O’Brien. Ms.
O’Brien can be reached at 1–888–912–
1227 or 206–220–6096.
The agenda will include the
following: Various IRS issues.
Dated: June 28, 2005.
Martha Curry,
Acting Director, Taxpayer Advocacy Panel.
[FR Doc. E5–3509 Filed 7–5–05; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Open Meeting of the Ad Hoc
Committee of the Taxpayer Advocacy
Panel
Internal Revenue Service (IRS)
Treasury.
ACTION: Notice.
AGENCY:
SUMMARY: An open meeting of the Ad
Hoc Committee of the Taxpayer
Advocacy Panel will be conducted (via
teleconference). The TAP will be
discussing issues pertaining to lessening
the burden for individuals.
Recommendations for IRS systemic
changes will be developed.
DATES: The meeting will be held
Monday, August 1, 2005.
FOR FURTHER INFORMATION CONTACT:
Mary O’Brien at 1–888–912–1227, or
206 220–6096.
SUPPLEMENTARY INFORMATION: Notice is
hereby given pursuant to Section
10(a)(2) of the Federal Advisory
Committee Act, 5 U.S.C. App. (1988)
that an open meeting of the Ad Hoc
Committee of the Taxpayer Advocacy
Panel will be held Monday, August 1,
2005 from 4 p.m. Eastern Time to 5 p.m.
Eastern Time via a telephone conference
call. If you would like to have the TAP
consider a written statement, please call
1–888–912–1227 or 206–220–6096, or
write to Mary O’Brien, TAP Office, 915
2nd Avenue, MS W–406, Seattle, WA
98174 or you can contact us at http:
//www.improveirs.org. Due to limited
conference lines, notification of intent
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to participate in the telephone
conference call meeting must be made
with Mary O’Brien. Ms O’Brien can be
reached at 1–888–912–1227 or 206–
220–6096.
The agenda will include the
following: Various IRS issues.
Dated: June 28, 2005.
Martha Curry,
Acting Director, Taxpayer Advocacy Panel.
[FR Doc. E5–3514 Filed 7–5–05; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE TREASURY
Office of Thrift Supervision
Submission for OMB Review;
Comment Request—Thrift Financial
Report: Schedules PD and VA
Office of Thrift Supervision
(OTS), Treasury.
ACTION: Notice and request for comment.
AGENCY:
SUMMARY: The information collection
requirement described below has been
submitted to the Office of Management
and Budget (OMB) for review, as
required by the Paperwork Reduction
Act of 1995 (44 U.S.C. 3507). OTS has
solicited public comments on the
proposal and is now providing a
summary of those comments as well as
final notice of the proposed revisions to
this information collection.
On April 29, 2004, OTS, together with
the Office of the Comptroller of the
Currency (OCC), Board of Governors of
the Federal Reserve System (Board), and
Federal Deposit Insurance Corporation
(FDIC) (collectively the agencies),
requested public comment for 60 days
(69 FR 23502) on proposed revisions to
the instructions for the Thrift Financial
Report (TFR), which are currently
approved collections of information.
After considering the comments
received, OTS has adopted the proposed
instructional revisions and also will add
new items to the TFR based on
suggestions by commenters. In addition,
on April 26, 2005, OTS requested public
comment for 60 days (70 FR 21494) on
other proposed revisions to the TFR.
OTS received no comments on these
additional revisions and has adopted
the revisions as proposed. OTS is
submitting the adopted revisions to
OMB for review and approval.
DATES: Submit written comments on or
before August 5, 2005.
ADDRESSES: Send comments to OMB
and OTS at these addresses: Mark
Menchik, Office of Information and
Regulatory Affairs, Office of
Management and Budget, New
Executive Office Building, Room 10236,
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Washington, DC 20503, or e-mail to
mmenchik@omb.eop.gov; and
Information Collection Comments, Chief
Counsel’s Office, Office of Thrift
Supervision, 1700 G Street, NW.,
Washington, DC 20552, send facsimile
transmissions to (202) 906–6518, send emails to
infocollection.comments@ots.treas.gov,
or hand deliver comments to the
Guard’s Desk, east lobby entrance, 1700
G Street, NW., on business days
between 9 a.m. and 4 p.m. All
comments should refer to ‘‘TFR:
Schedules PD and VA, OMB No. 1550–
0023.’’ OTS will post comments and the
related index on the OTS Internet site at
https://www.ots.treas.gov. In addition,
interested persons may inspect
comments at the Public Reading Room,
1700 G Street, NW., by appointment. To
make an appointment, call (202) 906–
5922, send an e-mail to
publicinfo@ots.treas.gov, or send a
facsimile transmission to (202) 906–
7755.
FOR FURTHER INFORMATION CONTACT: To
obtain a copy of the submission to OMB,
contact Marilyn K. Burton, OTS
Clearance Officer, at
marilyn.burton@ots.treas.gov, (202)
906–6467, or facsimile number (202)
906–6518, Chief Counsel’s Office, Office
of Thrift Supervision, 1700 G Street,
NW., Washington, DC 20552. You can
obtain a copy of the September 2005
Thrift Financial Report form from the
OTS Web site at https://
www.ots.treas.gov/
resultsort.cfm?catNumber=
275&dl=33&edit=1.
SUPPLEMENTARY INFORMATION: OTS may
not conduct or sponsor an information
collection, and respondents are not
required to respond to an information
collection, unless the information
collection displays a currently valid
OMB control number. OTS has
requested OMB approval to revise the
currently approved collections of
information identified below.
The effect of the proposed revisions
on the reporting requirements of these
information collections will vary from
institution to institution, depending on
the institution’s involvement with the
types of activities or transactions to
which the proposed changes apply. OTS
expects that the reporting changes that
relate to certain securitized U.S.
government-guaranteed or -insured
residential mortgage loans will
primarily affect the small percentage of
institutions that service or securitize
and service these loans. The revisions to
the TFR dealing with acquired loans
with evidence of deterioration of credit
quality since origination, including
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acquisitions of such loans in business
combinations accounted for using the
purchase method, will generally apply
only to the limited number of
institutions that are involved in
purchase business combinations or that
engage in purchases of loans with credit
quality problems as a business activity.
OTS estimates that implementation of
these reporting changes will result in a
small increase in the current reporting
burden imposed by the TFR for those
institutions involved with these
activities and transactions. The
following burden estimates include the
effect of the proposed revisions.
Title: Thrift Financial Report.
OMB Number: 1550–0023.
Form Number: OTS 1313.
Statutory Requirement: 12 U.S.C.
1464(v) imposes reporting requirements
for savings associations. Except for
selected items, these information
collections are not given confidential
treatment.
Type of Review: Revision of currently
approved collections.
Affected Public: Savings associations.
Estimated Number of Respondents
and Recordkeepers: 880.
Estimated Burden Hours per
Respondent: 36.4 burden hours.
Estimated Frequency of Response:
Quarterly.
Estimated Total Annual Burden:
128,128 burden hours. Because some of
these changes will not affect all savings
associations that file the TFR, the
burden hours reflected above will vary
from institution to institution.
Abstract: All OTS-regulated savings
associations must comply with the
information collections described in this
notice. OTS collects this information
each calendar quarter, or less frequently
if so stated. OTS needs this information
to monitor the condition, performance,
and risk profile of the savings
association industry.
Current Actions
I. Overview
On April 29, 2004, OTS, together with
the agencies, jointly published a notice
(69 FR 23502) soliciting comments for
60 days on proposed revisions to the
Call Report and the TFR. This joint
notice requested comments on two
proposed instructional changes, one of
which would affect how institutions
report certain information in the TFR,
but the notice did not propose to change
the report forms themselves. The
proposal affecting the TFR would
change and clarify the reporting
requirements related to certain U.S.
Government-guaranteed or -insured
residential mortgage loans backing
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Government National Mortgage
Association (GNMA) securities that
meet certain delinquency criteria and
are subject to servicer or seller/servicer
buy-back provisions, i.e., ‘‘GNMA
loans.’’ These clarifications involved the
reporting of GNMA loans as delinquent
and the balance sheet classification of
real property backing a delinquent
GNMA loan on which an institution has
foreclosed.
OTS received six comments on the
April 2004 proposals pertaining to TFR
changes: Four from savings associations,
one from a thrift holding company, and
one from a trade group whose members
include savings associations.
OTS has considered these comments
and has decided to proceed with the
instructional revisions pertaining to
mortgage loans subject to buy-back
provisions, but with the addition of new
items to the TFR Schedule PD on which
savings associations report information
on past due and nonaccrual loans.1 This
decision is discussed below.
In addition, on April 26, 2005, OTS
published a notice (70 FR 21494)
requesting comments on proposed
revisions to the TFR in response to
Statement of Position 03–3, Accounting
for Certain Loans or Debt Securities
Acquired in a Transfer (SOP 03–3),
which was issued by the American
Institute of Certified Public
Accountants. SOP 03–3 applies to loans
acquired in fiscal years beginning after
December 15, 2004. OTS proposed to
add three items to the TFR relating to
loans within the scope of SOP 03–3.
OTS also proposed a revision to the TFR
instructions to explain how the
delinquency status of loans within the
scope of SOP 03–3 should be
determined for purposes of disclosing
past due loans in the TFR.
OTS received no comments in
response to its April 2005 proposal, and
has decided to proceed with the SOP
03–3 changes as proposed.
OTS will implement the proposed
TFR changes as of the September 30,
2005, report date, except for the
revisions pertaining to foreclosed
properties backing delinquent GNMA
loans. Nonetheless, as is customary for
TFR changes, if the information to be
reported in accordance with the revised
reporting requirements is not readily
available, institutions are advised that
they may report reasonable estimates of
this information for the report date
1 The other federal banking agencies joining OTS
in the April 2004 proposal intend to follow a
similar course of action with respect to U.S.
government-guaranteed or -insured residential
mortgage loans backing GNMA securities subject to
buy-back provisions in the future, beginning with
the June 2005 Call Report.
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when the proposed changes first take
effect, i.e., September 30, 2005. With
respect to the reporting of foreclosed
properties backing GNMA loans,
institutions should report these
properties in their TFR in accordance
with their existing reporting policies for
such properties through the December
31, 2005, report date. Effective with the
March 31, 2006, report date, all
institutions should report these
properties as real estate owned on the
balance sheet and disclose the amount
in a new subitem that will be added to
the TFR schedule in which information
on the composition of real estate owned
is reported.
II. Revisions to the Thrift Financial
Report
A. GNMA Buy-Back Option
Under the GNMA Mortgage-Backed
Securities Guide, the issuer of GNMA
securities has the option to repurchase
individual Federal Housing
Administration (FHA), Department of
Veterans Affairs/Veterans
Administration (VA), and Farmers
Home Administration (FmHA) mortgage
loans backing the securities when these
GNMA loans meet certain delinquency
criteria. Because of this option, if and
when individual loans that have been
accounted for as sold in accordance
with Statement of Financial Accounting
Standards No. 140, Accounting for
Transfers and Servicing of Financial
Assets and Extinguishments of
Liabilities (FAS 140), later meet
GNMA’s specified delinquency criteria
and are eligible for repurchase, FAS 140
requires these individual delinquent
GNMA loans to be brought back onto
the seller/servicer’s books as assets,
along with an offsetting liability. This
rebooking of the GNMA loans is
required regardless of whether the
seller/servicer intends to exercise the
buy-back option.
OTS and the other federal banking
agencies jointly proposed that all
delinquent rebooked GNMA loans
(including those for which the
institution is taking steps to foreclose on
the real estate collateral at the time of
repurchase, but for which the sheriff’s
sale has not yet taken place) should be
reported as past due on TFR Schedule
PD, Consolidated Past Due and
Nonaccrual Assets, and on Call Report
Schedule RC–N—Past Due and
Nonaccrual Loans, Leases, and Other
Assets, in accordance with their
contractual terms. As part of this
change, the agencies proposed to
eliminate an existing provision in the
TFR and Call Report instructions that
permits institutions not to report
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delinquent GNMA loans that are
repurchased when they are ‘‘in
foreclosure status’’ at the time of
repurchase as past due loans in TFR
Schedule PD or in Call Report Schedule
RC–N, provided the government
reimbursement process is proceeding
normally. In proposing this reporting
change, the agencies noted that
delinquent rebooked GNMA loans
would also be reported as supplemental
items in TFR Schedule PD and in Call
Report Schedule RC–N, which disclose
amounts for past due loans wholly or
partially guaranteed or insured by the
U.S. Government. These items
supplement the main body of the past
due loans schedule by providing
information that enables users of the
TFR and Call Report to determine the
amount of an institution’s total
delinquent loans that are not protected
by a U.S. Government guarantee or
insurance.
In addition, the agencies proposed
that, when an institution forecloses on
real estate backing a delinquent GNMA
loan that it has rebooked as an asset, it
should report the property as ‘‘real
estate owned’’ and not as an ‘‘other
asset’’ on the TFR and Call Report
balance sheets. The foreclosed property
should be reported in this manner
beginning at the time of foreclosure
until it has been sold, transferred to
HUD, or otherwise disposed of.
OTS received six comments
addressing the portion of the April 2004
proposal on GNMA loan reporting
issues. With one exception, commenters
disagreed with the agencies’ proposed
reporting treatment for past due GNMA
loans and foreclosed property. One
commenter did ‘‘not object to the
proposal that all delinquent rebooked
GNMA loans should be treated
consistently and reported as past due’’
in the schedule for past due loans,
observing that users of this schedule
‘‘will have a method to identify the
amount of loans that are not guaranteed
by the U.S. Government.’’ However, this
commenter did not favor the proposed
treatment of foreclosed property.
Delinquency Reporting
With respect to delinquency
reporting, five commenters did not
support reporting rebooked past due
GNMA loans in the main body of TFR
Schedule PD. These commenters
recommended that if these delinquent
loans must be reported in this schedule,
they should be reported only in a
Memorandum section of the schedule
and should not be aggregated with other
past due loans. They favored segregated
reporting for the GNMA loans because
these loans have a different risk profile
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than other past due loans due to their
guarantees or insurance. These
commenters stated that reporting these
delinquent rebooked GNMA loans with
the other past due loans will skew
analytical ratios used to evaluate credit
risk, which will lead to
misinterpretation of the past due data
and cause banks and savings
associations to have to respond to
questions regarding these data. One
commenter specifically suggested that if
the agencies decided to proceed with
the proposed inclusion of delinquent
rebooked GNMA loans in the body of
the past due schedule, ‘‘a separate line
should be added for past due GNMA
loans.’’ Nevertheless, this commenter
also expressed concern that the
agencies’ proposed past due reporting
treatment in Schedule PD and Schedule
RC–N would produce disparities
between the TFR and Call Report past
due schedules and the past due
reporting by public banking
organizations in their filings with the
Securities and Exchange Commission
(SEC).
OTS does not believe that the
agencies’ proposal to include delinquent
rebooked GNMA loans in the body of
the past due schedule should lead to
inconsistencies in the disclosure of
these loans in the TFR and Call Report
and in SEC filings. Accounting staff
members in the SEC’s Division of
Corporation Finance prepared guidance
on ‘‘Current Accounting and Disclosure
Issues in the Division of Corporation
Finance’’ dated November 30, 2004, and
updated on March 4, 2005. Both
versions of this guidance discuss
‘‘Accounting for Loans or Other
Receivables Covered by Buyback
Provisions,’’ including, but not limited
to, loans securitized through GNMA.2
(See Section II.K.1. of the SEC staff’s
November 2004 guidance, which was
carried forward without revision to
Section II.N.1. of the March 2005
guidance.) The SEC staff’s discussion of
this topic states the following
concerning loans, including GNMA
loans, that have been ‘‘re-recognized,’’
i.e., rebooked as assets in accordance
with FAS 140:
In the event that loans re-recognized by the
transferor have the risk elements
contemplated by Item III.C.1. of Industry
Guide 3 (i.e., nonaccrual, past due,
restructured), the amount of such loans
should be included in the disclosures
required by that Item. Supplemental
disclosures may be made to facilitate
understanding of the aggregate amounts
reported pursuant to Item III.C.1. These
disclosures may include, for example,
2 This guidance can be accessed at https://
www.sec.gov/divisions/corpfin/acctdis030405.htm.
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information as to the nature of the loans, any
guarantees, the extent of collateral, or
amounts in process of collection. For
example, if a loan re-recognized by a
transferor is accruing, but it is contractually
past due 90 days or more as to principal or
interest, that loan should be included in the
disclosure required by Item III.C.1(b) even if
the loan is guaranteed through a government
program, such as the Veterans
Administration (VA) or Federal Housing
Authority (FHA).
As recognized by the SEC staff,
delinquent rebooked GNMA loans are to
be included in the aggregate past due
disclosures required by Industry Guide
3. However, public banking
organizations may provide
supplemental disclosure of the fact that
these loans are guaranteed or insured by
the U.S. Government to assist users in
understanding the aggregate amounts of
past due loans. The agencies’ proposal
for reporting past due rebooked GNMA
loans in TFR Schedule PD and Call
Report Schedule RC–N parallels the SEC
staff’s guidance because these schedules
include items that permit the
‘‘supplemental disclosure’’ of the
amount of past due loans wholly or
partially guaranteed or insured by the
U.S. Government. Nevertheless, the
agencies and other users of the
supplemental Schedule PD and
Schedule RC–N items on past due
government-guaranteed or -insured
loans would benefit from having
delinquent rebooked GNMA loans
identified separately from other past
due government-guaranteed or -insured
loans, especially for institutions that
service or sell and continue to service a
significant volume of GNMA loans.
Accordingly, OTS has decided to
proceed with the agencies’ original
proposal that would require rebooked
GNMA loans that are past due to be
reported in the main body of TFR
Schedule PD and in memoranda items
PD195, PD295, and PD395, ‘‘Loans and
Leases Reported in PD115–PD380 That
Are Wholly or Partially Guaranteed by
the U.S. Government, Agency, or
Sponsored Entity.’’ However, based on
suggestions from commenters, effective
September 30, 2005, OTS will add to
TFR Schedule PD new memoranda
items PD192, PD292, and PD392 for
‘‘Loans and Leases Reported in PD115–
PD380 That Are Held for Sale’’ and
PD196, PD296, and PD396 in which
savings associations would report
‘‘Guaranteed Portion of Other Loans and
Leases Included in PD195–PD395
(Exclude Rebooked ‘GNMA Loans’).
OTS will also add new memoranda
items PD197, PD297, and PD397 to
Schedule PD effective September 30,
2005, in which savings associations
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would report ‘‘Rebooked ‘GNMA Loans’
Repurchased or Eligible for Repurchase
Included in PD195–PD395.’’ 3 4
OTS notes that savings associations
that originate and hold FHA, VA, and
FmHA mortgage loans in their loan
portfolios, rather than securitizing and
selling them in the form of GNMA
securities, currently report these loans
as past due in the main body of TFR
Schedule PD if and when these loans
become delinquent. These past due
loans are also reported in existing TFR
Schedule PD memoranda items PD195,
PD295, and PD395 for past due loans
wholly or partially guaranteed or
insured by the U.S. Government. The
reporting treatment of these guaranteed
and insured loans in Schedule PD will
not change.
Foreclosed Real Estate
Commenters on the portion of the
agencies’ April 2004 proposal on GNMA
loans objected to the proposed balance
sheet classification of foreclosed real
estate collateral backing delinquent
GNMA loans as ‘‘real estate owned.’’
Commenters recommended that
institutions report such real estate as
‘‘other assets’’ because they do not
believe that institutions are exposed to
the underlying risk of the real estate,
despite the foreclosure, due to the
insurance or guarantee by the U.S.
Government. They also observed that, in
contrast to foreclosed real estate arising
from other types of loans, institutions
do not intend to sell foreclosed
properties resulting from GNMA loans
in order to recover the value of these
assets. Instead, institutions look to their
claim on the U.S. Government for
recovery.
OTS has reviewed and considered
these comments. As stated in the April
2004 proposal, the U.S. Department of
Housing and Urban Development
(HUD), the federal entity that
administers the GNMA program, cannot
accept a foreclosed property nor can the
government guarantee or insurance be
honored until all legal actions related to
the foreclosure process have been
completed. Commenters confirmed that
certain conditions must be met before a
3 See the OTS website at https://www.ots.treas.gov/
resultsort.cfm?catNumber=275&dl=33&edit=1 for
the revised TFR Schedule PD effective September
30, 2005.
4 In addition, if a savings association services but
did not originate mortgage loans backing a GNMA
security, i.e., where the savings association was not
the transferor of the loans that have been
securitized, the servicing savings association should
also include any government-guaranteed or -insured
mortgage loans that it has purchased out of the
securitization in Schedule PD, lines PD195–PD395
and PD197–PD397, even if the savings association
was not required to record the delinquent loans as
assets prior to purchasing the loans.
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property can be conveyed to HUD.
While these conditions normally will be
met, whether they will ultimately be
met for an individual property is not
known at the time of foreclosure. For
example, the servicing guide for VA
loans indicates the circumstances in
which foreclosed property would not be
conveyed, including when the VA
issues ‘‘no-bid’’ advice (because the
VA’s cost of paying its guarantee is less
than its estimated cost of taking
possession of the property and selling it)
and when there has been a failure to
follow the regulations upon which the
VA’s guarantee is based.
Although the existence of insurance
or a guarantee from the U.S.
Government on a particular foreclosed
loan will aid in determining whether
the carrying value of the asset is
recoverable, it does not determine the
classification of the asset upon
foreclosure. Because an institution’s
claim against the U.S. Government is
effectively conditional until all the
conditions have been met for the
conveyance of a foreclosed property to
HUD, the asset resulting from an
institution’s foreclosure on a delinquent
GNMA loan has more of the
characteristics of real estate than a
receivable from the U.S. Government.
Accordingly, the agencies believe that,
for TFR and Call Report balance sheet
purposes, it is more appropriate to view
this asset as real estate owned than as
a receivable at foreclosure.
The agencies recognize that the more
common practice is for institutions that
foreclose on delinquent GNMA loans to
report the resulting asset as an ‘‘other
asset’’ rather than ‘‘real estate owned’’
on the TFR and Call Report balance
sheets. In this regard, some commenters
recommended that if the agencies
concluded that these assets should not
be reported as ‘‘other assets,’’ there
should be separate disclosure of these
assets in the TFR and Call Report
because of the difference in their risk
profile compared to other types of
foreclosed real estate. OTS sees merit in
enabling institutions with foreclosed
properties from GNMA loans to
distinguish the amount of these
properties from other foreclosed
properties. Therefore, OTS will delay
the implementation date for institutions
to report foreclosed real estate from
GNMA loans as ‘‘other real estate
owned’’ on the balance sheet until the
March 31, 2006, report date. OTS will
also add to TFR Schedule SC a new line,
SC429, ‘‘U.S. government-guaranteed or
-insured real estate owned,’’ to enable
institutions to disclose the amount of
such real estate effective with the March
2006 TFR. Until then, i.e., through the
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39019
December 31, 2005, report date,
institutions should continue to report
these foreclosed properties in their TFRs
in accordance with their existing
reporting policies for such properties.
B. Loans Within the Scope of SOP 03–
3
SOP 03–3 applies to ‘‘purchased
impaired loans,’’ i.e., loans 5 that a
savings association has purchased,
including those acquired in a purchase
business combination, when there is
evidence of deterioration of credit
quality since the origination of the loan
and it is probable, at the purchase date,
that the savings association will be
unable to collect all contractually
required payments receivable. To assist
OTS in understanding the relationship
between the allowance for loan and
lease losses and the carrying amount of
the loan portfolios of those savings
associations that include purchased
impaired loans, OTS proposed to add
three items to the TFR. All three of these
items represent information included in
the disclosures required by SOP 03–3.
OTS proposed to add three
memorandum items to TFR Schedule
VA, Consolidated Valuation Allowances
and Related Data, related to purchased
impaired loans held for investment: 6 (1)
the outstanding balance,7 (2) the
recorded investment (carrying amount
before deducting any loan loss
allowances) as of the report date that are
included in Schedule SC, and (3) the
amount of post-acquisition loan loss
allowances that is included in the total
amount of the allowance for loan and
lease losses as of the report date.
OTS also stated that it planned to
revise the instructions to Schedule VA
to explain how purchased impaired
loans should be reported in this
schedule. SOP 03–3 does not prohibit
placing loans on nonaccrual status and
any nonaccrual purchased impaired
loans should be reported accordingly in
Schedule PD—Consolidated Past Due
5 As defined in SOP 03–3, the term ‘‘loans’’
includes ‘‘debt securities.’’
6 Loans held for investment are those loans that
the savings association has the intent and ability to
hold for the foreseeable future or until maturity or
payoff. Thus, the outstanding balance and carrying
amount of any purchased impaired loans that are
held for sale would not be reported in these
proposed memorandum items.
7 Outstanding balance as defined in SOP 03–3 is
the undiscounted sum of all amounts, including
amounts deemed principal, interest, fees, penalties,
and other under the loan, owed to the savings
association at the report date, whether or not
currently due and whether or not any such amounts
have been charged off by the savings association.
However, the outstanding balance does not include
amounts that would be accrued under the contract
as interest, fees, penalties, and other after the report
date.
E:\FR\FM\06JYN1.SGM
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39020
Federal Register / Vol. 70, No. 128 / Wednesday, July 6, 2005 / Notices
and Nonaccrual Assets. For those
purchased impaired loans that are not
on nonaccrual status, savings
associations should determine the loans’
delinquency status in accordance with
the contractual repayment terms of the
loans without regard to the purchase
price of (initial investment in) these
loans or the amount and timing of the
cash flows expected at acquisition. As
previously mentioned, OTS received no
comments in response to its April 2005
proposed reporting revisions related to
SOP 03–3.
Accordingly, the OTS will adopt as
proposed the remaining changes to the
September 2005 TFR published in the
Federal Register on April 29, 2004 (69
VerDate jul<14>2003
16:35 Jul 05, 2005
Jkt 205001
FR 23502), and April 26, 2005 (70 FR
21494).
III. Request for Comment
All comments will become a matter of
public record. Written comments are
invited on:
(a) Whether the proposed revisions to
the TFR collections of information are
necessary for the proper performance of
OTS functions, including whether the
information has practical utility;
(b) The accuracy of OTS estimates of
the burden of the information
collections as they are proposed to be
revised, including the validity of the
methodology and assumptions used;
PO 00000
Frm 00159
Fmt 4703
Sfmt 4703
(c) Ways to enhance the quality,
utility, and clarity of the information to
be collected;
(d) Ways to minimize the burden of
information collections on respondents,
including through the use of automated
collection techniques or other forms of
information technology; and
(e) Estimates of capital or start up
costs and costs of operation,
maintenance, and purchase of services
to provide information.
Dated: June 30, 2005.
By the Office of Thrift Supervision.
Richard M. Riccobono,
Acting Director.
[FR Doc. 05–13286 Filed 7–5–05; 8:45 am]
BILLING CODE 6720–01–P
E:\FR\FM\06JYN1.SGM
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Agencies
[Federal Register Volume 70, Number 128 (Wednesday, July 6, 2005)]
[Notices]
[Pages 39016-39020]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13286]
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DEPARTMENT OF THE TREASURY
Office of Thrift Supervision
Submission for OMB Review; Comment Request--Thrift Financial
Report: Schedules PD and VA
AGENCY: Office of Thrift Supervision (OTS), Treasury.
ACTION: Notice and request for comment.
-----------------------------------------------------------------------
SUMMARY: The information collection requirement described below has
been submitted to the Office of Management and Budget (OMB) for review,
as required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507).
OTS has solicited public comments on the proposal and is now providing
a summary of those comments as well as final notice of the proposed
revisions to this information collection.
On April 29, 2004, OTS, together with the Office of the Comptroller
of the Currency (OCC), Board of Governors of the Federal Reserve System
(Board), and Federal Deposit Insurance Corporation (FDIC) (collectively
the agencies), requested public comment for 60 days (69 FR 23502) on
proposed revisions to the instructions for the Thrift Financial Report
(TFR), which are currently approved collections of information. After
considering the comments received, OTS has adopted the proposed
instructional revisions and also will add new items to the TFR based on
suggestions by commenters. In addition, on April 26, 2005, OTS
requested public comment for 60 days (70 FR 21494) on other proposed
revisions to the TFR. OTS received no comments on these additional
revisions and has adopted the revisions as proposed. OTS is submitting
the adopted revisions to OMB for review and approval.
DATES: Submit written comments on or before August 5, 2005.
ADDRESSES: Send comments to OMB and OTS at these addresses: Mark
Menchik, Office of Information and Regulatory Affairs, Office of
Management and Budget, New Executive Office Building, Room 10236,
Washington, DC 20503, or e-mail to mmenchik@omb.eop.gov; and
Information Collection Comments, Chief Counsel's Office, Office of
Thrift Supervision, 1700 G Street, NW., Washington, DC 20552, send
facsimile transmissions to (202) 906-6518, send e-mails to
infocollection.comments@ots.treas.gov, or hand deliver comments to the
Guard's Desk, east lobby entrance, 1700 G Street, NW., on business days
between 9 a.m. and 4 p.m. All comments should refer to ``TFR: Schedules
PD and VA, OMB No. 1550-0023.'' OTS will post comments and the related
index on the OTS Internet site at https://www.ots.treas.gov. In
addition, interested persons may inspect comments at the Public Reading
Room, 1700 G Street, NW., by appointment. To make an appointment, call
(202) 906-5922, send an e-mail to publicinfo@ots.treas.gov, or send a
facsimile transmission to (202) 906-7755.
FOR FURTHER INFORMATION CONTACT: To obtain a copy of the submission to
OMB, contact Marilyn K. Burton, OTS Clearance Officer, at
marilyn.burton@ots.treas.gov, (202) 906-6467, or facsimile number (202)
906-6518, Chief Counsel's Office, Office of Thrift Supervision, 1700 G
Street, NW., Washington, DC 20552. You can obtain a copy of the
September 2005 Thrift Financial Report form from the OTS Web site at
https://www.ots.treas.gov/resultsort.cfm?catNumber=275&dl=33&edit=1.
SUPPLEMENTARY INFORMATION: OTS may not conduct or sponsor an
information collection, and respondents are not required to respond to
an information collection, unless the information collection displays a
currently valid OMB control number. OTS has requested OMB approval to
revise the currently approved collections of information identified
below.
The effect of the proposed revisions on the reporting requirements
of these information collections will vary from institution to
institution, depending on the institution's involvement with the types
of activities or transactions to which the proposed changes apply. OTS
expects that the reporting changes that relate to certain securitized
U.S. government-guaranteed or -insured residential mortgage loans will
primarily affect the small percentage of institutions that service or
securitize and service these loans. The revisions to the TFR dealing
with acquired loans with evidence of deterioration of credit quality
since origination, including
[[Page 39017]]
acquisitions of such loans in business combinations accounted for using
the purchase method, will generally apply only to the limited number of
institutions that are involved in purchase business combinations or
that engage in purchases of loans with credit quality problems as a
business activity. OTS estimates that implementation of these reporting
changes will result in a small increase in the current reporting burden
imposed by the TFR for those institutions involved with these
activities and transactions. The following burden estimates include the
effect of the proposed revisions.
Title: Thrift Financial Report.
OMB Number: 1550-0023.
Form Number: OTS 1313.
Statutory Requirement: 12 U.S.C. 1464(v) imposes reporting
requirements for savings associations. Except for selected items, these
information collections are not given confidential treatment.
Type of Review: Revision of currently approved collections.
Affected Public: Savings associations.
Estimated Number of Respondents and Recordkeepers: 880.
Estimated Burden Hours per Respondent: 36.4 burden hours.
Estimated Frequency of Response: Quarterly.
Estimated Total Annual Burden: 128,128 burden hours. Because some
of these changes will not affect all savings associations that file the
TFR, the burden hours reflected above will vary from institution to
institution.
Abstract: All OTS-regulated savings associations must comply with
the information collections described in this notice. OTS collects this
information each calendar quarter, or less frequently if so stated. OTS
needs this information to monitor the condition, performance, and risk
profile of the savings association industry.
Current Actions
I. Overview
On April 29, 2004, OTS, together with the agencies, jointly
published a notice (69 FR 23502) soliciting comments for 60 days on
proposed revisions to the Call Report and the TFR. This joint notice
requested comments on two proposed instructional changes, one of which
would affect how institutions report certain information in the TFR,
but the notice did not propose to change the report forms themselves.
The proposal affecting the TFR would change and clarify the reporting
requirements related to certain U.S. Government-guaranteed or -insured
residential mortgage loans backing Government National Mortgage
Association (GNMA) securities that meet certain delinquency criteria
and are subject to servicer or seller/servicer buy-back provisions,
i.e., ``GNMA loans.'' These clarifications involved the reporting of
GNMA loans as delinquent and the balance sheet classification of real
property backing a delinquent GNMA loan on which an institution has
foreclosed.
OTS received six comments on the April 2004 proposals pertaining to
TFR changes: Four from savings associations, one from a thrift holding
company, and one from a trade group whose members include savings
associations.
OTS has considered these comments and has decided to proceed with
the instructional revisions pertaining to mortgage loans subject to
buy-back provisions, but with the addition of new items to the TFR
Schedule PD on which savings associations report information on past
due and nonaccrual loans.\1\ This decision is discussed below.
---------------------------------------------------------------------------
\1\ The other federal banking agencies joining OTS in the April
2004 proposal intend to follow a similar course of action with
respect to U.S. government-guaranteed or -insured residential
mortgage loans backing GNMA securities subject to buy-back
provisions in the future, beginning with the June 2005 Call Report.
---------------------------------------------------------------------------
In addition, on April 26, 2005, OTS published a notice (70 FR
21494) requesting comments on proposed revisions to the TFR in response
to Statement of Position 03-3, Accounting for Certain Loans or Debt
Securities Acquired in a Transfer (SOP 03-3), which was issued by the
American Institute of Certified Public Accountants. SOP 03-3 applies to
loans acquired in fiscal years beginning after December 15, 2004. OTS
proposed to add three items to the TFR relating to loans within the
scope of SOP 03-3. OTS also proposed a revision to the TFR instructions
to explain how the delinquency status of loans within the scope of SOP
03-3 should be determined for purposes of disclosing past due loans in
the TFR.
OTS received no comments in response to its April 2005 proposal,
and has decided to proceed with the SOP 03-3 changes as proposed.
OTS will implement the proposed TFR changes as of the September 30,
2005, report date, except for the revisions pertaining to foreclosed
properties backing delinquent GNMA loans. Nonetheless, as is customary
for TFR changes, if the information to be reported in accordance with
the revised reporting requirements is not readily available,
institutions are advised that they may report reasonable estimates of
this information for the report date when the proposed changes first
take effect, i.e., September 30, 2005. With respect to the reporting of
foreclosed properties backing GNMA loans, institutions should report
these properties in their TFR in accordance with their existing
reporting policies for such properties through the December 31, 2005,
report date. Effective with the March 31, 2006, report date, all
institutions should report these properties as real estate owned on the
balance sheet and disclose the amount in a new subitem that will be
added to the TFR schedule in which information on the composition of
real estate owned is reported.
II. Revisions to the Thrift Financial Report
A. GNMA Buy-Back Option
Under the GNMA Mortgage-Backed Securities Guide, the issuer of GNMA
securities has the option to repurchase individual Federal Housing
Administration (FHA), Department of Veterans Affairs/Veterans
Administration (VA), and Farmers Home Administration (FmHA) mortgage
loans backing the securities when these GNMA loans meet certain
delinquency criteria. Because of this option, if and when individual
loans that have been accounted for as sold in accordance with Statement
of Financial Accounting Standards No. 140, Accounting for Transfers and
Servicing of Financial Assets and Extinguishments of Liabilities (FAS
140), later meet GNMA's specified delinquency criteria and are eligible
for repurchase, FAS 140 requires these individual delinquent GNMA loans
to be brought back onto the seller/servicer's books as assets, along
with an offsetting liability. This rebooking of the GNMA loans is
required regardless of whether the seller/servicer intends to exercise
the buy-back option.
OTS and the other federal banking agencies jointly proposed that
all delinquent rebooked GNMA loans (including those for which the
institution is taking steps to foreclose on the real estate collateral
at the time of repurchase, but for which the sheriff's sale has not yet
taken place) should be reported as past due on TFR Schedule PD,
Consolidated Past Due and Nonaccrual Assets, and on Call Report
Schedule RC-N--Past Due and Nonaccrual Loans, Leases, and Other Assets,
in accordance with their contractual terms. As part of this change, the
agencies proposed to eliminate an existing provision in the TFR and
Call Report instructions that permits institutions not to report
[[Page 39018]]
delinquent GNMA loans that are repurchased when they are ``in
foreclosure status'' at the time of repurchase as past due loans in TFR
Schedule PD or in Call Report Schedule RC-N, provided the government
reimbursement process is proceeding normally. In proposing this
reporting change, the agencies noted that delinquent rebooked GNMA
loans would also be reported as supplemental items in TFR Schedule PD
and in Call Report Schedule RC-N, which disclose amounts for past due
loans wholly or partially guaranteed or insured by the U.S. Government.
These items supplement the main body of the past due loans schedule by
providing information that enables users of the TFR and Call Report to
determine the amount of an institution's total delinquent loans that
are not protected by a U.S. Government guarantee or insurance.
In addition, the agencies proposed that, when an institution
forecloses on real estate backing a delinquent GNMA loan that it has
rebooked as an asset, it should report the property as ``real estate
owned'' and not as an ``other asset'' on the TFR and Call Report
balance sheets. The foreclosed property should be reported in this
manner beginning at the time of foreclosure until it has been sold,
transferred to HUD, or otherwise disposed of.
OTS received six comments addressing the portion of the April 2004
proposal on GNMA loan reporting issues. With one exception, commenters
disagreed with the agencies' proposed reporting treatment for past due
GNMA loans and foreclosed property. One commenter did ``not object to
the proposal that all delinquent rebooked GNMA loans should be treated
consistently and reported as past due'' in the schedule for past due
loans, observing that users of this schedule ``will have a method to
identify the amount of loans that are not guaranteed by the U.S.
Government.'' However, this commenter did not favor the proposed
treatment of foreclosed property.
Delinquency Reporting
With respect to delinquency reporting, five commenters did not
support reporting rebooked past due GNMA loans in the main body of TFR
Schedule PD. These commenters recommended that if these delinquent
loans must be reported in this schedule, they should be reported only
in a Memorandum section of the schedule and should not be aggregated
with other past due loans. They favored segregated reporting for the
GNMA loans because these loans have a different risk profile than other
past due loans due to their guarantees or insurance. These commenters
stated that reporting these delinquent rebooked GNMA loans with the
other past due loans will skew analytical ratios used to evaluate
credit risk, which will lead to misinterpretation of the past due data
and cause banks and savings associations to have to respond to
questions regarding these data. One commenter specifically suggested
that if the agencies decided to proceed with the proposed inclusion of
delinquent rebooked GNMA loans in the body of the past due schedule,
``a separate line should be added for past due GNMA loans.''
Nevertheless, this commenter also expressed concern that the agencies'
proposed past due reporting treatment in Schedule PD and Schedule RC-N
would produce disparities between the TFR and Call Report past due
schedules and the past due reporting by public banking organizations in
their filings with the Securities and Exchange Commission (SEC).
OTS does not believe that the agencies' proposal to include
delinquent rebooked GNMA loans in the body of the past due schedule
should lead to inconsistencies in the disclosure of these loans in the
TFR and Call Report and in SEC filings. Accounting staff members in the
SEC's Division of Corporation Finance prepared guidance on ``Current
Accounting and Disclosure Issues in the Division of Corporation
Finance'' dated November 30, 2004, and updated on March 4, 2005. Both
versions of this guidance discuss ``Accounting for Loans or Other
Receivables Covered by Buyback Provisions,'' including, but not limited
to, loans securitized through GNMA.\2\ (See Section II.K.1. of the SEC
staff's November 2004 guidance, which was carried forward without
revision to Section II.N.1. of the March 2005 guidance.) The SEC
staff's discussion of this topic states the following concerning loans,
including GNMA loans, that have been ``re-recognized,'' i.e., rebooked
as assets in accordance with FAS 140:
---------------------------------------------------------------------------
\2\ This guidance can be accessed at https://www.sec.gov/
divisions/corpfin/acctdis030405.htm.
In the event that loans re-recognized by the transferor have the
risk elements contemplated by Item III.C.1. of Industry Guide 3
(i.e., nonaccrual, past due, restructured), the amount of such loans
should be included in the disclosures required by that Item.
Supplemental disclosures may be made to facilitate understanding of
the aggregate amounts reported pursuant to Item III.C.1. These
disclosures may include, for example, information as to the nature
of the loans, any guarantees, the extent of collateral, or amounts
in process of collection. For example, if a loan re-recognized by a
transferor is accruing, but it is contractually past due 90 days or
more as to principal or interest, that loan should be included in
the disclosure required by Item III.C.1(b) even if the loan is
guaranteed through a government program, such as the Veterans
---------------------------------------------------------------------------
Administration (VA) or Federal Housing Authority (FHA).
As recognized by the SEC staff, delinquent rebooked GNMA loans are
to be included in the aggregate past due disclosures required by
Industry Guide 3. However, public banking organizations may provide
supplemental disclosure of the fact that these loans are guaranteed or
insured by the U.S. Government to assist users in understanding the
aggregate amounts of past due loans. The agencies' proposal for
reporting past due rebooked GNMA loans in TFR Schedule PD and Call
Report Schedule RC-N parallels the SEC staff's guidance because these
schedules include items that permit the ``supplemental disclosure'' of
the amount of past due loans wholly or partially guaranteed or insured
by the U.S. Government. Nevertheless, the agencies and other users of
the supplemental Schedule PD and Schedule RC-N items on past due
government-guaranteed or -insured loans would benefit from having
delinquent rebooked GNMA loans identified separately from other past
due government-guaranteed or -insured loans, especially for
institutions that service or sell and continue to service a significant
volume of GNMA loans.
Accordingly, OTS has decided to proceed with the agencies' original
proposal that would require rebooked GNMA loans that are past due to be
reported in the main body of TFR Schedule PD and in memoranda items
PD195, PD295, and PD395, ``Loans and Leases Reported in PD115-PD380
That Are Wholly or Partially Guaranteed by the U.S. Government, Agency,
or Sponsored Entity.'' However, based on suggestions from commenters,
effective September 30, 2005, OTS will add to TFR Schedule PD new
memoranda items PD192, PD292, and PD392 for ``Loans and Leases Reported
in PD115-PD380 That Are Held for Sale'' and PD196, PD296, and PD396 in
which savings associations would report ``Guaranteed Portion of Other
Loans and Leases Included in PD195-PD395 (Exclude Rebooked `GNMA
Loans'). OTS will also add new memoranda items PD197, PD297, and PD397
to Schedule PD effective September 30, 2005, in which savings
associations
[[Page 39019]]
would report ``Rebooked `GNMA Loans' Repurchased or Eligible for
Repurchase Included in PD195-PD395.'' \3\ \4\
---------------------------------------------------------------------------
\3\ See the OTS website at https://www.ots.treas.gov/
resultsort.cfm?catNumber=275&dl=33&edit=1 for the revised TFR
Schedule PD effective September 30, 2005.
\4\ In addition, if a savings association services but did not
originate mortgage loans backing a GNMA security, i.e., where the
savings association was not the transferor of the loans that have
been securitized, the servicing savings association should also
include any government-guaranteed or -insured mortgage loans that it
has purchased out of the securitization in Schedule PD, lines PD195-
PD395 and PD197-PD397, even if the savings association was not
required to record the delinquent loans as assets prior to
purchasing the loans.
---------------------------------------------------------------------------
OTS notes that savings associations that originate and hold FHA,
VA, and FmHA mortgage loans in their loan portfolios, rather than
securitizing and selling them in the form of GNMA securities, currently
report these loans as past due in the main body of TFR Schedule PD if
and when these loans become delinquent. These past due loans are also
reported in existing TFR Schedule PD memoranda items PD195, PD295, and
PD395 for past due loans wholly or partially guaranteed or insured by
the U.S. Government. The reporting treatment of these guaranteed and
insured loans in Schedule PD will not change.
Foreclosed Real Estate
Commenters on the portion of the agencies' April 2004 proposal on
GNMA loans objected to the proposed balance sheet classification of
foreclosed real estate collateral backing delinquent GNMA loans as
``real estate owned.'' Commenters recommended that institutions report
such real estate as ``other assets'' because they do not believe that
institutions are exposed to the underlying risk of the real estate,
despite the foreclosure, due to the insurance or guarantee by the U.S.
Government. They also observed that, in contrast to foreclosed real
estate arising from other types of loans, institutions do not intend to
sell foreclosed properties resulting from GNMA loans in order to
recover the value of these assets. Instead, institutions look to their
claim on the U.S. Government for recovery.
OTS has reviewed and considered these comments. As stated in the
April 2004 proposal, the U.S. Department of Housing and Urban
Development (HUD), the federal entity that administers the GNMA
program, cannot accept a foreclosed property nor can the government
guarantee or insurance be honored until all legal actions related to
the foreclosure process have been completed. Commenters confirmed that
certain conditions must be met before a property can be conveyed to
HUD. While these conditions normally will be met, whether they will
ultimately be met for an individual property is not known at the time
of foreclosure. For example, the servicing guide for VA loans indicates
the circumstances in which foreclosed property would not be conveyed,
including when the VA issues ``no-bid'' advice (because the VA's cost
of paying its guarantee is less than its estimated cost of taking
possession of the property and selling it) and when there has been a
failure to follow the regulations upon which the VA's guarantee is
based.
Although the existence of insurance or a guarantee from the U.S.
Government on a particular foreclosed loan will aid in determining
whether the carrying value of the asset is recoverable, it does not
determine the classification of the asset upon foreclosure. Because an
institution's claim against the U.S. Government is effectively
conditional until all the conditions have been met for the conveyance
of a foreclosed property to HUD, the asset resulting from an
institution's foreclosure on a delinquent GNMA loan has more of the
characteristics of real estate than a receivable from the U.S.
Government. Accordingly, the agencies believe that, for TFR and Call
Report balance sheet purposes, it is more appropriate to view this
asset as real estate owned than as a receivable at foreclosure.
The agencies recognize that the more common practice is for
institutions that foreclose on delinquent GNMA loans to report the
resulting asset as an ``other asset'' rather than ``real estate owned''
on the TFR and Call Report balance sheets. In this regard, some
commenters recommended that if the agencies concluded that these assets
should not be reported as ``other assets,'' there should be separate
disclosure of these assets in the TFR and Call Report because of the
difference in their risk profile compared to other types of foreclosed
real estate. OTS sees merit in enabling institutions with foreclosed
properties from GNMA loans to distinguish the amount of these
properties from other foreclosed properties. Therefore, OTS will delay
the implementation date for institutions to report foreclosed real
estate from GNMA loans as ``other real estate owned'' on the balance
sheet until the March 31, 2006, report date. OTS will also add to TFR
Schedule SC a new line, SC429, ``U.S. government-guaranteed or -insured
real estate owned,'' to enable institutions to disclose the amount of
such real estate effective with the March 2006 TFR. Until then, i.e.,
through the December 31, 2005, report date, institutions should
continue to report these foreclosed properties in their TFRs in
accordance with their existing reporting policies for such properties.
B. Loans Within the Scope of SOP 03-3
SOP 03-3 applies to ``purchased impaired loans,'' i.e., loans \5\
that a savings association has purchased, including those acquired in a
purchase business combination, when there is evidence of deterioration
of credit quality since the origination of the loan and it is probable,
at the purchase date, that the savings association will be unable to
collect all contractually required payments receivable. To assist OTS
in understanding the relationship between the allowance for loan and
lease losses and the carrying amount of the loan portfolios of those
savings associations that include purchased impaired loans, OTS
proposed to add three items to the TFR. All three of these items
represent information included in the disclosures required by SOP 03-3.
OTS proposed to add three memorandum items to TFR Schedule VA,
Consolidated Valuation Allowances and Related Data, related to
purchased impaired loans held for investment: \6\ (1) the outstanding
balance,\7\ (2) the recorded investment (carrying amount before
deducting any loan loss allowances) as of the report date that are
included in Schedule SC, and (3) the amount of post-acquisition loan
loss allowances that is included in the total amount of the allowance
for loan and lease losses as of the report date.
---------------------------------------------------------------------------
\5\ As defined in SOP 03-3, the term ``loans'' includes ``debt
securities.''
\6\ Loans held for investment are those loans that the savings
association has the intent and ability to hold for the foreseeable
future or until maturity or payoff. Thus, the outstanding balance
and carrying amount of any purchased impaired loans that are held
for sale would not be reported in these proposed memorandum items.
\7\ Outstanding balance as defined in SOP 03-3 is the
undiscounted sum of all amounts, including amounts deemed principal,
interest, fees, penalties, and other under the loan, owed to the
savings association at the report date, whether or not currently due
and whether or not any such amounts have been charged off by the
savings association. However, the outstanding balance does not
include amounts that would be accrued under the contract as
interest, fees, penalties, and other after the report date.
---------------------------------------------------------------------------
OTS also stated that it planned to revise the instructions to
Schedule VA to explain how purchased impaired loans should be reported
in this schedule. SOP 03-3 does not prohibit placing loans on
nonaccrual status and any nonaccrual purchased impaired loans should be
reported accordingly in Schedule PD--Consolidated Past Due
[[Page 39020]]
and Nonaccrual Assets. For those purchased impaired loans that are not
on nonaccrual status, savings associations should determine the loans'
delinquency status in accordance with the contractual repayment terms
of the loans without regard to the purchase price of (initial
investment in) these loans or the amount and timing of the cash flows
expected at acquisition. As previously mentioned, OTS received no
comments in response to its April 2005 proposed reporting revisions
related to SOP 03-3.
Accordingly, the OTS will adopt as proposed the remaining changes
to the September 2005 TFR published in the Federal Register on April
29, 2004 (69 FR 23502), and April 26, 2005 (70 FR 21494).
III. Request for Comment
All comments will become a matter of public record. Written
comments are invited on:
(a) Whether the proposed revisions to the TFR collections of
information are necessary for the proper performance of OTS functions,
including whether the information has practical utility;
(b) The accuracy of OTS estimates of the burden of the information
collections as they are proposed to be revised, including the validity
of the methodology and assumptions used;
(c) Ways to enhance the quality, utility, and clarity of the
information to be collected;
(d) Ways to minimize the burden of information collections on
respondents, including through the use of automated collection
techniques or other forms of information technology; and
(e) Estimates of capital or start up costs and costs of operation,
maintenance, and purchase of services to provide information.
Dated: June 30, 2005.
By the Office of Thrift Supervision.
Richard M. Riccobono,
Acting Director.
[FR Doc. 05-13286 Filed 7-5-05; 8:45 am]
BILLING CODE 6720-01-P