Magyar Bancorp, Inc. - Quarter Report: 2010 June (Form 10-Q)
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM
10-Q
þ
QUARTERLY REPORT UNDER SECTION 13 OR 15(d)
OF THE
SECURITIES EXCHANGE ACT OF 1934
For the
quarterly period ended June 30, 2010
Commission
File Number 000-51726
Magyar
Bancorp, Inc.
(Exact
Name of Registrant as Specified in Its Charter)
Delaware
|
20-4154978
|
(State
or Other Jurisdiction of Incorporation or Organization)
|
(I.R.S.
Employer Identification Number)
|
400 Somerset Street,
New Brunswick, New Jersey
|
08901
|
(Address
of Principal Executive Office)
|
(Zip
Code)
|
(732)
342-7600
(Issuer’s
Telephone Number including area code)
Indicate
by check mark whether the registrant (1) has filed all reports required to be
filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the
past 12 months (or for such shorter period that the registrant was required to
file such reports), and (2) has been subject to such filing requirements for the
past 90 days.
Yes þ No o
Indicate
by check mark whether the registrant has submitted electronically and posted on
its corporate Web site, if any, every Interactive Data File required to be
submitted and posted pursuant to Rule 405 of Regulation S-T during the preceding
12 months (or for such shorter period that the registrant was required to submit
and post such files). Yes o No o
Indicate
by check mark whether the registrant is a large accelerated filer, an
accelerated filer, a non-accelerated filer, or a smaller reporting company. See
the definitions of “large accelerated filer,” “accelerated filer,” and “smaller
reporting company” in Rule 12b-2 of the Exchange Act. (Check one):
Large
accelerated filer
|
o
|
Accelerated
filer
|
o
|
Non-accelerated
filer
|
o
|
Smaller
reporting company
|
þ
|
(Do
not check if a smaller reporting company)
|
Indicate
by check mark whether the registrant is a shell company (as defined in Rule
12b-2 of the Exchange Act). Yes o No þ
State the
number of shares outstanding of each of the issuer's classes of common stock, as
of the latest practicable date.
Class
|
Outstanding
at August 1, 2010
|
Common
Stock, $0.01 Par Value
|
5,783,131
|
MAGYAR
BANCORP, INC.
Form 10-Q
Quarterly Report
Table of
Contents
PART I.
FINANCIAL INFORMATION
Page
Number
|
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1
|
|||
21
|
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33
|
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33
|
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PART
II. OTHER INFORMATION
|
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33
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33
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33
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33
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33
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33
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34
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35
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PART I.
FINANCIAL INFORMATION
Item 1. Financial Statements
MAGYAR
BANCORP, INC. AND SUBSIDIARY
|
||||||||
Consolidated
Balance Sheets
|
||||||||
(In
Thousands, Except Share and Per Share Data)
|
||||||||
June
30,
|
September
30,
|
|||||||
2010
|
2009
|
|||||||
(Unaudited)
|
||||||||
Assets
|
||||||||
Cash
|
$ | 14,979 | $ | 3,529 | ||||
Interest
earning deposits with banks
|
214 | 4,392 | ||||||
Total
cash and cash equivalents
|
15,193 | 7,921 | ||||||
Investment
securities - available for sale, at fair value
|
11,832 | 18,083 | ||||||
Investment
securities - held to maturity, at amortized cost (fair value of
$49,854
|
||||||||
and
$55,997 at June 30, 2010 and September 30, 2009,
respectively)
|
49,080 | 55,951 | ||||||
Federal
Home Loan Bank of New York stock, at cost
|
2,937 | 3,178 | ||||||
Loans
receivable, net of allowance for loan losses of $5,162 and $5,807
at
|
||||||||
June
30, 2010 and September 30, 2009, respectively
|
411,298 | 438,997 | ||||||
Bank
owned life insurance
|
9,215 | 10,996 | ||||||
Accrued
interest receivable
|
2,008 | 2,207 | ||||||
Premises
and equipment, net
|
20,302 | 20,622 | ||||||
Other
real estate owned
|
13,657 | 5,562 | ||||||
Other
assets
|
7,932 | 1,690 | ||||||
Total
assets
|
$ | 543,454 | $ | 565,207 | ||||
Liabilities
and Stockholders' Equity
|
||||||||
Liabilities
|
||||||||
Deposits
|
$ | 428,087 | $ | 448,517 | ||||
Escrowed
funds
|
1,266 | 1,246 | ||||||
Federal
Home Loan Bank of New York advances
|
49,369 | 55,127 | ||||||
Securities
sold under agreements to repurchase
|
15,000 | 15,000 | ||||||
Accrued
interest payable
|
465 | 675 | ||||||
Accounts
payable and other liabilities
|
5,305 | 4,615 | ||||||
Total
liabilities
|
499,492 | 525,180 | ||||||
Stockholders'
equity
|
||||||||
Preferred
stock: $.01 Par Value, 1,000,000 shares authorized; none
issued
|
- | - | ||||||
Common
stock: $.01 Par Value, 8,000,000 shares authorized;
5,923,742
|
||||||||
issued;
5,783,131 and 5,767,434 outstanding at June 30, 2010 and
|
||||||||
September
30, 2009, respectively, at cost
|
59 | 59 | ||||||
Additional
paid-in capital
|
26,311 | 26,329 | ||||||
Treasury
stock: 140,611 and 156,308 shares at June 30, 2010 and
|
||||||||
September
30, 2009, respectively, at cost
|
(1,704 | ) | (1,897 | ) | ||||
Unearned
Employee Stock Ownership Plan shares
|
(1,372 | ) | (1,454 | ) | ||||
Retained
earnings
|
21,194 | 17,323 | ||||||
Accumulated
other comprehensive loss
|
(526 | ) | (333 | ) | ||||
Total
stockholders' equity
|
43,962 | 40,027 | ||||||
Total
liabilities and stockholders' equity
|
$ | 543,454 | $ | 565,207 | ||||
The
accompanying notes are an integral part of these
statements.
|
1
MAGYAR
BANCORP, INC. AND SUBSIDIARY
|
||||||||||||||||
Consolidated
Statements of Operations
|
||||||||||||||||
(In
Thousands, Except Per Share Data)
|
||||||||||||||||
For
the Three Months
|
For
the Nine Months
|
|||||||||||||||
Ended
June 30,
|
Ended
June 30,
|
|||||||||||||||
2010
|
2009
|
2010
|
2009
|
|||||||||||||
(Unaudited)
|
||||||||||||||||
Interest
and dividend income
|
||||||||||||||||
Loans,
including fees
|
$ | 5,543 | $ | 5,800 | $ | 17,131 | $ | 17,337 | ||||||||
Investment
securities
|
||||||||||||||||
Taxable
|
584 | 710 | 1,909 | 2,346 | ||||||||||||
Tax-exempt
|
1 | 2 | 5 | 46 | ||||||||||||
Federal
Home Loan Bank of New York stock
|
33 | 55 | 124 | 61 | ||||||||||||
|
||||||||||||||||
Total
interest and dividend income
|
6,161 | 6,567 | 19,169 | 19,790 | ||||||||||||
|
||||||||||||||||
Interest
expense
|
||||||||||||||||
Deposits
|
1,596 | 2,327 | 5,080 | 7,125 | ||||||||||||
Borrowings
|
675 | 729 | 2,090 | 2,323 | ||||||||||||
|
||||||||||||||||
Total
interest expense
|
2,271 | 3,056 | 7,170 | 9,448 | ||||||||||||
|
||||||||||||||||
Net
interest and dividend income
|
3,890 | 3,511 | 11,999 | 10,342 | ||||||||||||
|
||||||||||||||||
Provision
for loan losses
|
494 | 3,178 | 1,644 | 7,591 | ||||||||||||
Net
interest and dividend income after
|
||||||||||||||||
provision
for loan losses
|
3,396 | 333 | 10,355 | 2,751 | ||||||||||||
|
||||||||||||||||
Other
income
|
||||||||||||||||
Service
charges
|
240 | 272 | 740 | 674 | ||||||||||||
Other
operating income
|
126 | 113 | 374 | 344 | ||||||||||||
Gains
on sales of loans
|
40 | 75 | 155 | 90 | ||||||||||||
Gains
on sales of investment securities
|
105 | 432 | 455 | 1,204 | ||||||||||||
Gains
on the sales of other real estate owned
|
60 | - | 158 | - | ||||||||||||
|
||||||||||||||||
Total
other income
|
571 | 892 | 1,882 | 2,312 | ||||||||||||
|
||||||||||||||||
Other
expenses
|
||||||||||||||||
Compensation
and employee benefits
|
1,846 | 1,975 | 6,462 | 6,083 | ||||||||||||
Occupancy
expenses
|
699 | 614 | 1,951 | 1,893 | ||||||||||||
Advertising
|
36 | 42 | 125 | 174 | ||||||||||||
Professional
fees
|
285 | 179 | 854 | 532 | ||||||||||||
Service
fees
|
144 | 145 | 434 | 431 | ||||||||||||
FDIC
deposit insurance premiums
|
366 | 573 | 917 | 817 | ||||||||||||
Other
expenses
|
502 | 457 | 1,426 | 1,301 | ||||||||||||
Total
other expenses
|
3,878 | 3,985 | 12,169 | 11,231 | ||||||||||||
|
||||||||||||||||
Income
(loss) before income tax expense (benefit)
|
89 | (2,760 | ) | 68 | (6,168 | ) | ||||||||||
|
||||||||||||||||
Income
tax expense (benefit)
|
(3,446 | ) | 10 | (3,768 | ) | 54 | ||||||||||
|
||||||||||||||||
Net
income (loss)
|
$ | 3,535 | $ | (2,770 | ) | $ | 3,836 | $ | (6,222 | ) | ||||||
|
||||||||||||||||
Net
income (loss) per share-basic and diluted
|
$ | 0.61 | $ | (0.48 | ) | $ | 0.66 | $ | (1.08 | ) | ||||||
The
accompanying notes are an integral part of these
statements.
|
2
MAGYAR
BANCORP, INC. AND SUBSIDIARY
|
||||||||||||||||||||||||||||||||
Consolidated
Statement of Changes in Stockholders' Equity
|
||||||||||||||||||||||||||||||||
For
the Nine Months Ended June 30, 2010
|
||||||||||||||||||||||||||||||||
(In
Thousands)
|
||||||||||||||||||||||||||||||||
(Unaudited)
|
||||||||||||||||||||||||||||||||
Accumulated | ||||||||||||||||||||||||||||||||
Common Stock
|
Additional |
|
Unearned
|
|
Other |
|
||||||||||||||||||||||||||
Shares
|
Par
|
Paid-In
|
Treasury
|
ESOP
|
Retained
|
Comprehensive | ||||||||||||||||||||||||||
Outstanding
|
Value
|
Capital
|
Stock
|
Shares
|
Earnings
|
Loss
|
Total
|
|||||||||||||||||||||||||
Balance,
September 30, 2009
|
5,767,434 | $ | 59 | $ | 26,329 | $ | (1,897 | ) | $ | (1,454 | ) | $ | 17,323 | $ | (333 | ) | $ | 40,027 | ||||||||||||||
Comprehensive
income:
|
||||||||||||||||||||||||||||||||
Net
income
|
- | - | - | - | - | 3,836 | - | 3,836 | ||||||||||||||||||||||||
|
- | - | - | - | - | - | - | - | ||||||||||||||||||||||||
Unrealized
gain on securities available-
|
- | - | - | - | - | - | - | |||||||||||||||||||||||||
for-sale,
net of tax expense of $144
|
- | - | - | - | - | - | 216 | 216 | ||||||||||||||||||||||||
Reclassification
adjustment for gains included
|
- | - | - | - | - | - | - | |||||||||||||||||||||||||
in
net loss, net of tax benefit of $182
|
- | - | - | - | - | - | (273 | ) | (273 | ) | ||||||||||||||||||||||
Unrealized
loss on derivatives, net of tax
|
- | - | - | - | - | - | - | |||||||||||||||||||||||||
benefit
of $90
|
- | - | - | - | - | - | (136 | ) | (136 | ) | ||||||||||||||||||||||
Total
comprehensive income
|
- | - | - | - | - | - | - | 3,643 | ||||||||||||||||||||||||
Treasury
stock used for restricted stock plan
|
15,697 | - | (228 | ) | 193 | - | 35 | - | - | |||||||||||||||||||||||
ESOP
shares allocated
|
- | - | (42 | ) | - | 82 | - | - | 40 | |||||||||||||||||||||||
Stock-based
compensation expense
|
- | - | 252 | - | - | - | - | 252 | ||||||||||||||||||||||||
Balance,
June 30, 2010
|
5,783,131 | $ | 59 | $ | 26,311 | $ | (1,704 | ) | $ | (1,372 | ) | $ | 21,194 | $ | (526 | ) | $ | 43,962 | ||||||||||||||
The
accompanying notes are an integral part of this
statement.
|
3
MAGYAR
BANCORP, INC. AND SUBSIDIARY
|
||||||||
Consolidated
Statements of Cash Flows
|
||||||||
(In
Thousands)
|
||||||||
For
the Nine Months
|
||||||||
Ended June 30,
|
||||||||
2010
|
2009
|
|||||||
(Unaudited)
|
||||||||
Operating
activities
|
||||||||
Net
income (loss)
|
$ | 3,836 | $ | (6,222 | ) | |||
Adjustment
to reconcile net income (loss) to net cash provided
|
||||||||
by
operating activities
|
||||||||
Depreciation
expense
|
838 | 825 | ||||||
Premium
amortization on investment securities, net
|
111 | 56 | ||||||
Proceeds
from the sales of loans
|
4,268 | 4,092 | ||||||
Provision
for loan losses
|
1,644 | 7,591 | ||||||
Gains
on sale of loans
|
(155 | ) | (90 | ) | ||||
Gains
on sales of investment securities
|
(455 | ) | (1,204 | ) | ||||
Gains
on the sales of other real estate owned
|
(158 | ) | - | |||||
Gains
on the sale of premises and equipment
|
- | - | ||||||
ESOP
compensation expense
|
40 | 45 | ||||||
Stock-based
compensation expense
|
252 | 348 | ||||||
Deferred
income tax provision benefit
|
(3,493 | ) | - | |||||
Decrease
in accrued interest receivable
|
199 | 46 | ||||||
Increase
in bank owned life insurance
|
(330 | ) | (324 | ) | ||||
Increase
in other assets
|
(2,847 | ) | (322 | ) | ||||
Decrease
in accrued interest payable
|
(210 | ) | - | |||||
Increase
in accounts payable and other liabilities
|
690 | 1,309 | ||||||
Net
cash provided by operating activities
|
4,230 | 6,150 | ||||||
Investing
activities
|
||||||||
Net
decrease (increase) in loans receivable
|
12,834 | (45,960 | ) | |||||
Purchases
of investment securities held to maturity
|
(11,649 | ) | (35,327 | ) | ||||
Purchases
of investment securities available for sale
|
(8,101 | ) | (19,101 | ) | ||||
Sales
of investment securities held to maturity
|
4,000 | - | ||||||
Sales
of investment securities available for sale
|
12,782 | 36,701 | ||||||
Principal
repayments on investment securities held to maturity
|
14,425 | 2,144 | ||||||
Principal
repayments on investment securities available for sale
|
1,913 | 5,524 | ||||||
Redemptions
of bank owned life insurance
|
2,111 | - | ||||||
Purchases
of premises and equipment
|
(518 | ) | (107 | ) | ||||
Investment
in other real estate owned
|
(575 | ) | (293 | ) | ||||
Proceeds
from the sale of other real estate owned
|
1,747 | 1,732 | ||||||
Redemption
of Federal Home Loan Bank stock
|
241 | 777 | ||||||
Net
cash provided (used) by investing activities
|
29,210 | (53,910 | ) | |||||
Financing
activities
|
||||||||
Net
(decrease) increase in deposits
|
(20,430 | ) | 67,457 | |||||
Net
increase (decrease) in escrowed funds
|
20 | (9 | ) | |||||
Proceeds
from long-term advances
|
- | 4,000 | ||||||
Repayments
of long-term advances
|
(5,758 | ) | (7,487 | ) | ||||
Net
change in short-term advances
|
- | (16,275 | ) | |||||
Purchase
of treasury stock
|
- | (61 | ) | |||||
Net
cash (used) provided by financing activities
|
(26,168 | ) | 47,625 | |||||
Net
increase (decrease) in cash and cash equivalents
|
7,272 | (135 | ) | |||||
|
||||||||
Cash
and cash equivalents, beginning of period
|
7,921 | 5,013 | ||||||
|
||||||||
Cash
and cash equivalents, end of period
|
$ | 15,193 | $ | 4,878 | ||||
Supplemental
disclosures of cash flow information
|
||||||||
Cash
paid for
|
||||||||
Interest
|
$ | 7,381 | $ | 9,448 | ||||
Income
taxes
|
$ | 4 | $ | 39 | ||||
Non-cash
investing activities
|
||||||||
Real
estate acquired in full satisfaction of loans in
foreclosure
|
$ | 9,108 | $ | 1,900 | ||||
The
accompanying notes are an integral part of these
statements.
|
4
MAGYAR
BANCORP, INC. AND SUBSIDIARY
Notes
to Consolidated Financial
Statements
|
(Unaudited)
|
NOTE A –
BASIS OF PRESENTATION
The
consolidated financial statements include the accounts of Magyar Bancorp, Inc.
(the “Company”), its wholly owned subsidiary Magyar Bank, and the Bank’s wholly
owned subsidiaries Magyar Service Corporation, Hungaria Urban Renewal, LLC, and
MagBank Investment Company. All material intercompany transactions and balances
have been eliminated. The Company prepares its financial statements on the
accrual basis and in conformity with accounting principles generally accepted in
the United States of America ("US GAAP"). The unaudited information furnished
herein reflects all adjustments (consisting of normal recurring accruals) that
are, in the opinion of management, necessary to a fair statement of the results
for the interim periods presented.
Operating
results for the nine months ended June 30, 2010 are not necessarily indicative
of the results that may be expected for the year ending September 30, 2010. The
September 30, 2009 information has been derived from the audited consolidated
financial statements at that date but does not include all of the information
and footnotes required by US GAAP for complete financial
statements.
The
preparation of financial statements in conformity with US GAAP requires
management to make estimates and assumptions that affect the reported amounts of
assets and liabilities and disclosure of contingent assets and liabilities at
the date of the financial statements and the reported amounts of income and
expenses during the reporting period. Actual results could differ from those
estimates. Material estimates that are particularly susceptible to significant
change in the near term relate to the determination of the allowance for loan
losses and the assessment of realizability of deferred income tax
assets.
The
Company has evaluated events and transactions occurring subsequent to the
balance sheet date of June 30, 2010 for items that should potentially be
recognized or disclosed in these financial statements. The evaluation was
conducted through the date these financial statements were issued.
NOTE B-
RECENT ACCOUNTING PRONOUNCEMENTS
In
connection with the preparation of quarterly and annual reports in accordance
with the Securities and Exchange Commission’s (SEC) Securities Exchange Act of
1934, SEC Staff Accounting Bulletin Topic 11.M requires the disclosure of the
impact that recently issued accounting standards will have on financial
statements when they are adopted in the future.
In
June 2008, the Emerging Issues Task Force (“EITF”) issued guidance,
codified within Accounting Standards Codification (“ASC”) 260, Earnings Per Share, that
addresses whether instruments granted in share-based payment transactions are
participating securities prior to vesting and, therefore, need to be included in
the earnings allocation in computing earnings per share. The guidance is
effective for financial statements issued for fiscal years beginning after
December 15, 2008. The implementation of this guidance, effective October
1, 2009, did not have a material impact on the Company’s consolidated financial
statements.
In
December 2008, the Financial Accounting Standards Board (“FASB”) issued
guidance, codified within ASC 715, Compensation - Retirement
Benefits, that provides guidance on an employer’s disclosures about plan
assets of a defined benefit pension or other postretirement plan. The
disclosures about plan assets required by the guidance must be provided for
fiscal years ending after December 15, 2009. The Company is currently reviewing
the effect this new guidance will have on its consolidated financial
statements.
5
In
October 2009, the FASB issued Accounting Standards Update (“ASU”) 2009-16, Transfers and Servicing (Topic 860)
- Accounting for Transfers of Financial Assets. This Update
amends the Codification for the issuance of FASB Statement No. 166, Accounting for Transfers of
Financial Assets-an amendment of FASB Statement No. 140. The amendments
in this Update improve financial reporting by eliminating the exceptions for
qualifying special-purpose entities from the consolidation guidance and the
exception that permitted sale accounting for certain mortgage securitizations
when a transferor has not surrendered control over the transferred financial
assets. In addition, the amendments require enhanced disclosures about the risks
that a transferor continues to be exposed to because of its continuing
involvement in transferred financial assets. Comparability and
consistency in accounting for transferred financial assets will also be improved
through clarifications of the requirements for isolation and limitations on
portions of financial assets that are eligible for sale accounting. This Update
is effective at the start of a reporting entity’s first fiscal year beginning
after November 15, 2009. Early application is not permitted. The
Company is currently reviewing the effect this new guidance will have on its
consolidated financial statements.
In
October 2009, the FASB issued ASU 2009-17, Consolidations (Topic 810) -
Improvements to Financial Reporting by Enterprises Involved with Variable
Interest Entities. This Update amends the Codification for the
issuance of FASB Statement No. 167, Amendments to FASB Interpretation
No. 46(R). The amendments in this Update replace the quantitative-based
risks and rewards calculation for determining which reporting entity, if any,
has a controlling financial interest in a variable interest entity with an
approach focused on identifying which reporting entity has the power to direct
the activities of a variable interest entity that most significantly impact the
entity’s economic performance and (1) the obligation to absorb losses of the
entity or (2) the right to receive benefits from the entity. An approach that is
expected to be primarily qualitative will be more effective for identifying
which reporting entity has a controlling financial interest in a variable
interest entity. The amendments in this Update also require
additional disclosures about a reporting entity’s involvement in variable
interest entities, which will enhance the information provided to users of
financial statements. This Update is effective at the start of a reporting
entity’s first fiscal year beginning after November 15, 2009. Early
application is not permitted. The Company is currently reviewing the effect this
new guidance will have on its consolidated financial statements.
The FASB
has issued ASU 2010-06, Fair
Value Measurements and Disclosures (Topic 820): Improving Disclosures about Fair
Value Measurements. This ASU requires some new disclosures and clarifies
some existing disclosure requirements about fair value measurement as set forth
in Codification Subtopic 820-10. The FASB’s objective is to improve these
disclosures and, thus, increase the transparency in financial reporting.
Specifically, ASU 2010-06 amends Codification Subtopic 820-10 to now require:
(1) a reporting entity to disclose separately the amounts of significant
transfers in and out of Level 1 and Level 2 fair value measurements and describe
the reasons for the transfers; and (2) in the reconciliation for fair value
measurements using significant unobservable inputs, a reporting entity should
present separately information about purchases, sales, issuances, and
settlements. In addition, ASU 2010-06 clarifies the requirements of the
following existing disclosures: (1) for purposes of reporting fair value
measurement for each class of assets and liabilities, a reporting entity needs
to use judgment in determining the appropriate classes of assets and
liabilities; and (2) a reporting entity should provide disclosures about the
valuation techniques and inputs used to measure fair value for both recurring
and nonrecurring fair value measurements. ASU 2010-06 is effective for interim
and annual reporting periods beginning after December 15, 2009, except for the
disclosures about purchases, sales, issuances, and settlements in the roll
forward of activity in Level 3 fair value measurements. Those disclosures are
effective for fiscal years beginning after December 15, 2010, and for interim
periods within those fiscal years. Early adoption is permitted. The Company is
currently reviewing the effect this new guidance will have on its consolidated
financial statements.
6
The FASB
has issued ASU 2010-09, Subsequent Events (Topic 855):
Amendments to Certain Recognition and Disclosure Requirements. The
amendments in the ASU remove the requirement for an SEC filer to disclose a date
through which subsequent events have been evaluated in both issued and revised
financial statements. Revised financial statements include financial statements
revised as a result of either correction of an error or retrospective
application of U.S. GAAP. The FASB also clarified that if the financial
statements have been revised, then an entity that is not an SEC filer should
disclose both the date that the financial statements were issued or available to
be issued and the date the revised financial statements were issued or available
to be issued. The FASB believes these amendments remove potential conflicts with
the SEC’s literature. All of the amendments in the ASU were effective upon
issuance (February 24, 2010) except for the use of the issued date for conduit
debt obligors. That amendment is effective for interim or annual periods ending
after June 15, 2010. The Company is currently reviewing the effect this new
guidance will have on its consolidated financial statements.
The FASB
issued ASU 2010-11, Derivatives and Hedging (Topic 815):
Scope Exception Related to Embedded Credit Derivatives. The FASB believes
this ASU clarifies the type of embedded credit derivative that is exempt from
embedded derivative bifurcation requirements. Specifically, only one form of
embedded credit derivative qualifies for the exemption - one that is related
only to the subordination of one financial instrument to another. As a result,
entities that have contracts containing an embedded credit derivative feature in
a form other than such subordination may need to separately account for the
embedded credit derivative feature. The amendments in the ASU are effective for
each reporting entity at the beginning of its first fiscal quarter beginning
after June 15, 2010. Early adoption is permitted at the beginning of each
entity’s first fiscal quarter beginning after March 5, 2010. The Company is
currently reviewing the effect this new guidance will have on its consolidated
financial statements.
The FASB
issued ASU 2010-20, Receivables (Topic 310): Disclosures
about the Credit Quality of Financing Receivables and the Allowance for Credit
Losses, in an effort to help investors assess the credit risk of a
company’s receivables portfolio and the adequacy of its allowance for credit
losses held against the portfolios by expanding credit risk
disclosures. This ASU requires more information about the credit quality of
financing receivables in the disclosures to financial statements, such as aging
information and credit quality indicators. The amendments in this Update
apply to all public and nonpublic entities with financing
receivables. Financing receivables include loans and trade accounts
receivable. However, short-term trade accounts receivable, receivables
measured at fair value or lower of cost or fair value, and debt securities are
exempt from these disclosure amendments. The amendments require disclosures
as of the end of a reporting period effective for periods ending on or after December
15, 2010. The amendments that require disclosures about activity that
occurs during a reporting period are effective for periods beginning on or after
December 15, 2010. The Company is currently reviewing the effect this
new guidance will have on its consolidated financial statements.
NOTE C -
CONTINGENCIES
The
Company, from time to time, is a party to routine litigation that arises in the
normal course of business. In the opinion of management, the resolution of this
litigation, if any, would not have a material adverse effect on the Company’s
consolidated financial position or results of operations.
NOTE D -
EARNINGS (LOSS) PER SHARE
Basic and
diluted earnings (losses) per share for the three and nine months ended June 30,
2010 and 2009 were calculated by dividing net income by the weighted-average
number of shares outstanding for the period. Stock options and restricted stock
awards were anti-dilutive for the three and nine months ended June 30, 2010 and
the three and nine months ended June 30, 2009. The following table shows the
Company’s earnings per share for the periods presented:
7
For
the Three Months
|
For
the Nine Months
|
|||||||||||||||
Ended
June 30,
|
Ended
June 30,
|
|||||||||||||||
2010
|
2009
|
2010
|
2009
|
|||||||||||||
(In
thousands except for per share data)
|
||||||||||||||||
Income
(loss) applicable to common shares
|
$ | 3,535 | $ | (2,770 | ) | $ | 3,836 | $ | (6,222 | ) | ||||||
Weighted
average number of common shares
|
||||||||||||||||
outstanding
- basic
|
5,786 | 5,771 | 5,782 | 5,768 | ||||||||||||
Stock
options and restricted stock
|
- | - | - | - | ||||||||||||
Weighted
average number of common shares
|
||||||||||||||||
and
common share equivalents - diluted
|
5,786 | 5,771 | 5,782 | 5,768 | ||||||||||||
Basic
earnings (loss) per share
|
$ | 0.61 | $ | (0.48 | ) | $ | 0.66 | $ | (1.08 | ) | ||||||
Diluted
earnings (loss) per share
|
$ | 0.61 | $ | (0.48 | ) | $ | 0.66 | $ | (1.08 | ) |
Options
to purchase 188,276 shares of common stock at a weighted average price of $14.61
and 46,390 shares of restricted shares at a weighted average price of $11.30
were outstanding and not included in the computation of diluted earnings per
share for the three and nine months ended June 30, 2010 because the grant (or
option strike) price was greater than the average market price of the common
shares during the periods. Options to purchase 217,826 shares of common stock at
an average price of $14.61 and 62,890 restricted shares at a weighted average
price of $14.51 were outstanding and not included in the computation of diluted
earnings per share for the three and nine months ended June 30, 2009 because the
grant (or option strike) price was greater than the average market price of the
common shares during the periods.
NOTE E –
STOCK-BASED COMPENSATION AND STOCK REPURCHASE PROGRAM
The
Company follows FASB Accounting Standards Codification (“ASC”) Section 718,
Compensation-Stock Compensation, which covers a wide range of share-based
compensation arrangements including share options, restricted share plans,
performance-based awards, share appreciation rights, and employee share purchase
plans. ASC 718 requires that compensation cost relating to share-based payment
transactions be recognized in financial statements. The cost is measured based
on the fair value of the equity or liability instruments issued.
ASC 718
also requires the Company to realize as a financing cash flow rather than an
operating cash flow, as previously required, the benefits of realized tax
deductions in excess of previously recognized tax benefits on compensation
expense. In accordance with SEC Staff Accounting Bulletin (“SAB”) No. 107,
the Company classified share-based compensation for employees and outside
directors within “compensation and employee benefits” in the consolidated
statement of operations to correspond with the same line item as the cash
compensation paid.
Stock
options generally vest over a five-year service period and expire ten years from
issuance. Management recognizes compensation expense for all option grants over
the awards’ respective requisite service periods. The fair values of all option
grants were estimated using the Black-Scholes option-pricing model. Since there
was limited historical information on the volatility of the Company’s stock,
management also considered the average volatilities of similar entities for an
appropriate period in determining the assumed volatility rate used in the
estimation of fair value. Management estimated the expected life of the options
using the simplified method allowed under SAB No. 107. The 7-year Treasury yield
in effect at the time of the grant provided the risk-free rate for periods
within the contractual life of the option.
8
Management
recognizes compensation expense for the fair values of these awards, which have
graded vesting, on a straight-line basis over the requisite service period of
the awards. Once vested, these awards are irrevocable. Shares will be obtained
from either the open market or treasury stock upon share option
exercise.
Restricted
shares generally vest over a five-year service period on the anniversary of the
grant date. Once vested, these awards are irrevocable. The product of the number
of shares granted and the grant date market price of the Company’s common stock
determine the fair value of restricted shares under the Company’s restricted
stock plans. Management recognizes compensation expense for the fair value of
restricted shares on a straight-line basis over the requisite service
period.
The
following is a summary of the status of the Company’s stock option activity and
related information for its option plan for the nine months ended June 30,
2010:
Weighted
|
|||||||||||||
Weighted
|
Average
|
Aggregate
|
|||||||||||
Number
of
|
Average
|
Remaining
|
Intrinsic
|
||||||||||
Stock Options
|
Exercise Price
|
Contractual Life
|
Value
|
||||||||||
Balance
at September 30, 2009
|
217,826 | $ | 14.61 | ||||||||||
Granted
|
- | - | |||||||||||
Exercised
|
- | - | |||||||||||
Forfeited
|
(29,550 | ) | 14.61 | ||||||||||
Balance
at June 30, 2010
|
188,276 | $ | 14.61 |
6.7
years
|
$ | - | |||||||
Exercisable
at June 30, 2010
|
120,846 | $ | 14.61 |
6.7
years
|
$ | - |
The
following is a summary of the Company’s non-vested stock awards as of September
30, 2009 and changes during the nine months ended June 30,
2010:
Weighted
|
||||||||
Average
|
||||||||
Number
of
|
Grant
Date
|
|||||||
Stock Awards
|
Fair Value
|
|||||||
Balance
at September 30, 2009
|
62,890 | $ | 14.51 | |||||
Granted
|
15,000 | 4.50 | ||||||
Vested
|
(15,700 | ) | 14.55 | |||||
Forfeited
|
(15,800 | ) | 14.36 | |||||
Balance
at June 30, 2010
|
46,390 | $ | 11.30 |
Stock
option and stock award expenses included with compensation expense were $121,000
and $131,000, respectively, for the nine months ended June 30,
2010.
The
Company announced in November 2007 its second stock repurchase program of up to
5% of its publicly-held outstanding shares of common stock, or 129,924 shares.
Through September 30, 2009, the Company had repurchased a total of 66,970 shares
of its common stock at an average cost of $9.39 per share under this program. No
shares have been repurchased during the nine months ended June 30, 2010. Under
the stock repurchase program, 62,954 shares of the 129,924 shares authorized
remained available for repurchase as of June 30, 2010. The Company’s intended
use of the repurchased shares is for general corporate purposes, including the
funding of awards granted under the 2006 Equity Incentive Plan.
9
The
Company has an Employee Stock Ownership Plan ("ESOP") for the benefit of
employees of the Company and the Bank who meets the eligibility requirements as
defined in the plan. The ESOP trust purchased 217,863 shares of common stock in
the open market using proceeds of a loan from the Company. The total cost of
shares purchased by the ESOP trust was $2.3 million, reflecting an average cost
per share of $10.58. The Bank will make cash contributions to the ESOP on an
annual basis sufficient to enable the ESOP to make the required loan payments to
the Company. The loan bears a variable interest rate that adjusts annually every
January 1st to
the then published Prime Rate (3.25% at January 1, 2010) with principal and
interest payable annually in equal installments over thirty years. The loan is
secured by shares of the Company’s stock.
As the
debt is repaid, shares are released as collateral and allocated to qualified
employees. Accordingly, the shares pledged as collateral are reported as
unearned ESOP shares in the Consolidated Balance Sheets. As shares are released
from collateral, the Company reports compensation expense equal to the then
current market price of the shares, and the shares become outstanding for
earnings per share computations.
At June
30, 2010, shares allocated to participants totaled 76,904. Unallocated ESOP
shares held in suspense totaled 140,959 at June 30, 2010 and had a fair market
value of $527,187. The Company's contribution expense for the ESOP was $40,000
and $45,000 for the nine months ended June 31, 2010 and 2009,
respectively.
NOTE
F - COMPREHENSIVE INCOME (LOSS)
|
The
components of comprehensive income (loss) and the related income tax effects are
as follows (in thousands):
Three
Months Ended June 30,
|
||||||||||||||||||||||||
2010
|
2009
|
|||||||||||||||||||||||
Tax
|
Net
of
|
Tax
|
Net
of
|
|||||||||||||||||||||
Before
Tax
|
Benefit
|
Tax
|
Before
Tax
|
Benefit
|
Tax
|
|||||||||||||||||||
Amount
|
(Expense)
|
Amount
|
Amount
|
(Expense)
|
Amount
|
|||||||||||||||||||
(Dollars
in thousands)
|
||||||||||||||||||||||||
Unrealized
holding gains (losses) arising
|
||||||||||||||||||||||||
during
period on:
|
||||||||||||||||||||||||
Available-for-sale
investments
|
$ | 254 | $ | (98 | ) | $ | 156 | $ | (543 | ) | $ | 231 | $ | (312 | ) | |||||||||
Less
reclassification adjustment for
|
||||||||||||||||||||||||
gains
(losses) realized in net income
|
(105 | ) | 42 | (63 | ) | 432 | (173 | ) | 259 | |||||||||||||||
Interest
rate derivatives
|
(76 | ) | 30 | (46 | ) | (98 | ) | 39 | (59 | ) | ||||||||||||||
Other
comprehensive income (loss), net
|
$ | 73 | $ | (26 | ) | $ | 47 | $ | (209 | ) | $ | 97 | $ | (112 | ) |
10
Nine
Months Ended June 30,
|
||||||||||||||||||||||||
2010
|
2009
|
|||||||||||||||||||||||
Tax
|
Net
of
|
Tax
|
Net
of
|
|||||||||||||||||||||
Before
Tax
|
Benefit
|
Tax
|
Before
Tax
|
Benefit
|
Tax
|
|||||||||||||||||||
Amount
|
(Expense)
|
Amount
|
Amount
|
(Expense)
|
Amount
|
|||||||||||||||||||
(Dollars
in thousands)
|
||||||||||||||||||||||||
Unrealized
holding gains (losses) arising
|
||||||||||||||||||||||||
during
period on:
|
||||||||||||||||||||||||
Available-for-sale
investments
|
$ | 360 | $ | (144 | ) | $ | 216 | $ | (767 | ) | $ | 339 | $ | (428 | ) | |||||||||
Less
reclassification adjustment for
|
||||||||||||||||||||||||
gains
(losses) realized in net income
|
(455 | ) | 182 | (273 | ) | 1,204 | (481 | ) | 723 | |||||||||||||||
Interest
rate derivatives
|
(226 | ) | 90 | (136 | ) | (71 | ) | 28 | (43 | ) | ||||||||||||||
Other
comprehensive income (loss), net
|
$ | (321 | ) | $ | 128 | $ | (193 | ) | $ | 366 | $ | (114 | ) | $ | 252 |
|
NOTE G –
FAIR VALUE DISCLOSURES
We use
fair value measurements to record fair value adjustments to certain assets and
liabilities and to determine fair value disclosures. Our securities
available-for-sale are recorded at fair value on a recurring basis.
Additionally, from time to time, we may be required to record at fair value
other assets or liabilities on a non-recurring basis, such as held-to-maturity
securities, mortgage servicing rights, loans receivable and other real estate
owned, or OREO. These non-recurring fair value adjustments involve the
application of lower-of-cost-or-market accounting or write-downs of individual
assets.
In
accordance with ASC 820, we group our assets and liabilities at fair value in
three levels, based on the markets in which the assets are traded and the
reliability of the assumptions used to determine fair value. These levels
are:
Level 1 -
|
Valuation
is based upon quoted prices for identical instruments traded in active
markets.
|
Level 2
-
|
Valuation
is based upon quoted prices for similar instruments in active markets,
quoted prices for identical or similar instruments in markets that are not
active and model-based valuation techniques for which all significant
assumptions are observable in the
market.
|
Level 3
-
|
Valuation
is generated from model-based techniques that use significant assumptions
not observable in the market. These unobservable assumptions reflect our
own estimates of assumptions that market participants would use in pricing
the asset or liability. Valuation techniques include the use of option
pricing models, discounted cash flow models and similar techniques. The
results cannot be determined with precision and may not be realized in an
actual sale or immediate settlement of the asset or
liability.
|
We base
our fair values on the price that would be received to sell an asset or paid to
transfer a liability in an orderly transaction between market participants at
the measurement date. ASC 820 requires us to maximize the use of observable
inputs and minimize the use of unobservable inputs when measuring fair
value.
The
following is a description of valuation methodologies used for assets measured
at fair value on a recurring basis.
11
Securities
available-for-sale
Our
available-for-sale portfolio is carried at estimated fair value on a recurring
basis, with any unrealized gains and losses, net of taxes, reported as
accumulated other comprehensive income/loss in stockholders’ equity. Our
securities available-for-sale portfolio consists of U.S government and
government-sponsored enterprise obligations, municipal bonds, and
mortgage-backed securities. The fair values of these securities are obtained
from an independent nationally recognized pricing service. Our independent
pricing service provides us with prices which are categorized as Level 2, as
quoted prices in active markets for identical assets are generally not available
for the securities in our portfolio. Various modeling techniques are used to
determine pricing for our mortgage-backed securities, including option pricing
and discounted cash flow models. The inputs to these models include benchmark
yields, reported trades, broker/dealer quotes, issuer spreads, two-sided
markets, benchmark securities, bids, offers and reference data.
Derivative financial
instruments
The
Company uses interest rate floors to manage its interest rate risk. The interest
rate floors have been designated as cash flow hedging instruments. The valuation
of these instruments is determined using widely accepted valuation techniques
including discounted cash flow analysis on the expected cash flows of each
derivative. This analysis reflects the contractual terms of the derivatives,
including the period to maturity, and uses observable market-based inputs,
including interest rate curves and implied volatilities.
The
following table provides the level of valuation assumptions used to determine
the carrying value of our assets measured at fair value on a recurring
basis.
Fair
Value at June 30, 2010
|
||||||||||||||||
Total
|
Level
1
|
Level
2
|
Level
3
|
|||||||||||||
(Dollars
in thousands)
|
||||||||||||||||
Investment
securities available-for-sale
|
$ | 11,832 | $ | - | $ | 11,832 | $ | - | ||||||||
Derivatives
|
101 | - | 101 | - | ||||||||||||
$ | 11,933 | $ | - | $ | 11,933 | $ | - | |||||||||
Fair
Value at September 30, 2009
|
||||||||||||||||
Total
|
Level
1
|
Level
2
|
Level
3
|
|||||||||||||
(Dollars
in thousands)
|
||||||||||||||||
Investment
securities available-for-sale
|
$ | 18,083 | $ | - | $ | 18,083 | $ | - | ||||||||
Derivatives
|
234 | - | 234 | - | ||||||||||||
$ | 18,317 | $ | - | $ | 18,317 | $ | - |
The
following is a description of valuation methodologies used for assets measured
at fair value on a non-recurring basis.
Mortgage Servicing Rights,
net
Mortgage
Servicing Rights (MSRs) are carried at the lower of cost or estimated fair
value. The estimated fair value of MSR is determined through a calculation of
future cash flows, incorporating estimates of assumptions market participants
would use in determining fair value including market discount rates, prepayment
speeds, servicing income, servicing costs, default rates and other market driven
data, including the market’s perception of future interest rate movements and,
as such, are classified as Level 3.
Impaired
Loans
Loans
which meet certain criteria are evaluated individually for impairment. A loan is
impaired when, based on current information and events, it is probable that the
Company will be unable to collect all amounts due according to the contractual
terms of the loan agreement. All amounts due according to the contractual terms
means that both the contractual interest and principal payments of a loan will
be collected as scheduled in the loan agreement. Three impairment measurement
methods are used, depending upon the collateral securing the asset: 1) the
present value of expected future cash flows discounted at the loan’s effective
interest rate (the rate of return implicit in the loan); 2) the asset’s
observable market price; or 3) the fair value of the collateral if the asset is
collateral dependent. The regulatory agencies require this method for loans from
which repayment is expected to be provided solely by the underlying collateral.
Our impaired loans are generally collateral dependent and, as such, are carried
at the estimated fair value of the collateral less estimated selling costs. Fair
value is estimated through current appraisals, and adjusted as necessary, by
management, to reflect current market conditions and, as such, are generally
classified as Level 3.
12
Appraisals
of collateral securing impaired loans are conducted by approved, qualified, and
independent third-party appraisers. Such appraisals are ordered via the Bank’s
credit administration department, independent from the lender who originated the
loan, once the loan is deemed impaired, as described in the previous paragraph.
Impaired loans are generally re-evaluated with an updated appraisal within one
year of the last appraisal. However, the Company also obtains updated appraisals
on performing construction loans that are approaching their maturity date to
determine whether or not the fair value of the collateral securing the loan
remains sufficient to cover the loan amount prior to considering an extension.
The Company discounts the appraised “as is” value of the collateral for
estimated selling and disposition costs and compares the resulting fair value of
collateral to the outstanding loan amount. If the outstanding loan amount is
greater than the discounted fair value, the Company requires a reduction in the
outstanding loan balance or additional collateral before considering an
extension to the loan. If the borrower is unwilling or unable to reduce the loan
balance or increase the collateral securing the loan, it is deemed impaired and
the difference between the loan amount and the fair value of collateral, net of
estimated selling and disposition costs, is charged off through a reduction of
the allowance for loan loss.
Other Real Estate
Owned
The fair
value of other real estate owned is determined through current appraisals, and
adjusted as necessary, by management, to reflect current market conditions. As
such, other real estate owned is generally classified as Level 3.
The
following table provides the level of valuation assumptions used to determine
the carrying value of our assets measured at fair value on a non-recurring basis
at June 30, 2010.
Fair
Value at June 30, 2010
|
||||||||||||||||
Total
|
Level
1
|
Level
2
|
Level
3
|
|||||||||||||
(Dollars
in thousands)
|
||||||||||||||||
Mortgage
servicing rights
|
$ | 123 | $ | - | $ | - | $ | 123 | ||||||||
Impaired
loans
|
14,566 | - | - | 14,566 | ||||||||||||
Other
real estate owned
|
9,657 | - | - | 9,657 | ||||||||||||
$ | 24,346 | $ | - | $ | - | $ | 24,346 | |||||||||
Fair
Value at September 30, 2009
|
||||||||||||||||
Total
|
Level
1
|
Level
2
|
Level
3
|
|||||||||||||
(Dollars
in thousands)
|
||||||||||||||||
Mortgage
servicing rights
|
$ | 103 | $ | - | $ | - | $ | 103 | ||||||||
Impaired
loans
|
19,051 | - | - | 19,051 | ||||||||||||
Other
real estate owned
|
5,562 | - | - | 5,562 | ||||||||||||
$ | 24,716 | $ | - | $ | - | $ | 24,716 |
13
|
The
following methods and assumptions were used to estimate the fair value of
each class of financial instruments not already disclosed above for which
it is practicable to estimate fair
value:
|
|
Cash
and interest earning deposits with banks: The carrying amounts
are a reasonable estimate of fair
value.
|
|
Held
to maturity securities: The fair values of our held to maturity
securities are obtained from an independent nationally recognized pricing
service. Our independent pricing service provides us with prices which are
categorized as Level 2, as quoted prices in active markets for identical
assets are generally not available for the securities in our
portfolio.
|
|
Loans: Fair
value for the loan portfolio, excluding impaired loans with specific loss
allowances, is estimated based on discounted cash flow analysis using
interest rates currently offered for loans with similar terms to borrowers
of similar credit quality.
|
|
Federal
Home Loan Bank of New York (“FHLB”) stock: The carrying amount of FHLB
stock approximates fair value and considers the limited marketability of
the investment.
|
|
Bank-owned
life insurance: The carrying amounts are based on the cash
surrender values of the individual policies, which is a reasonable
estimate of fair value.
|
|
The
fair value of commitments to extend credit is estimated based on the
amount of unamortized deferred loan commitment fees. The fair
value of letters of credit is based on the amount of unearned fees plus
the estimated costs to terminate the letters of credit. Fair values of
unrecognized financial instruments including commitments to extend credit
and the fair value of letter of credit are considered
immaterial.
|
|
Deposits:
The fair value of deposits with no stated maturity, such as money market
deposit accounts, interest-bearing checking accounts and savings accounts,
is equal to the amount payable on demand. The fair value of
certificates of deposit is based on the discounted value of contractual
cash flows. The discount rate is equivalent to current market
rates for deposits of similar size, type and
maturity.
|
|
Accrued
interest receivable and payable: For these short-term instruments, the
carrying amount is a reasonable estimate of fair
value.
|
|
Federal
Home Loan Bank of New York advances and securities sold under reverse
repurchase agreements: The fair value of borrowings is based on the
discounted value of contractual cash flows. The discount rate
is equivalent to the rate currently offered by the Federal Home Loan Bank
of New York for borrowings of similar maturity and
terms.
|
|
The
carrying amounts and estimated fair values of the Company’s financial
instruments at June 30, 2010 and September 30, 2009 were as
follows:
|
14
|
June
30, 2010
|
September
30, 2009
|
|||||||||||||||
Carrying
|
Fair
|
Carrying
|
Fair
|
|||||||||||||
Value
|
Value
|
Value
|
Value
|
|||||||||||||
(Dollars
in thousands)
|
||||||||||||||||
Financial
assets
|
||||||||||||||||
Investment
securities
|
$ | 60,912 | $ | 61,686 | $ | 74,034 | $ | 74,080 | ||||||||
Loans,
net of allowance for loan losses
|
$ | 411,298 | $ | 417,937 | $ | 438,997 | $ | 445,099 | ||||||||
Financial
liabilities
|
||||||||||||||||
Deposits
|
||||||||||||||||
Demand,
NOW and money market savings
|
$ | 236,108 | $ | 236,108 | $ | 228,076 | $ | 228,076 | ||||||||
Certificates
of deposit
|
191,979 | 196,363 | 220,441 | 213,569 | ||||||||||||
Total
deposits
|
$ | 428,087 | $ | 432,471 | $ | 448,517 | $ | 441,645 | ||||||||
Borrowings
|
$ | 64,369 | $ | 68,495 | $ | 70,127 | $ | 73,868 | ||||||||
Interest
rate derivatives
|
$ | 101 | $ | 101 | $ | 234 | $ | 234 |
|
The
fair value of commitments to extend credit is estimated based on the
amount of unamortized deferred loan commitment fees. The fair value of
letters of credit is based on the amount of unearned fees plus the
estimated cost to terminate the letters of credit. Fair values of
unrecognized financial instruments including commitments to extend credit
and the fair value of letters of credit are considered
immaterial.
|
|
Cash
and cash equivalents, accrued interest receivable and accrued interest
payable are not presented in the above table as the carrying amounts shown
in the consolidated balance sheet equal fair
value.
|
NOTE H -
INVESTMENT SECURITIES
The
following table is an analysis of the amortized cost and fair values of
securities available for sale at June 30, 2010 and September 30,
2009:
At
June 30, 2010
|
At
September 30, 2009
|
|||||||||||||||||||||||||||||||
Gross
|
Gross
|
Gross
|
Gross
|
|||||||||||||||||||||||||||||
Amortized
|
Unrealized
|
Unrealized
|
Fair
|
Amortized
|
Unrealized
|
Unrealized
|
Fair
|
|||||||||||||||||||||||||
Cost
|
Gains
|
Losses
|
Value
|
Cost
|
Gains
|
Losses
|
Value
|
|||||||||||||||||||||||||
(Dollars
in thousands)
|
||||||||||||||||||||||||||||||||
Securities
available for sale:
|
||||||||||||||||||||||||||||||||
Obligations
of U.S. government-sponsored enterprises:
|
||||||||||||||||||||||||||||||||
Mortgage-backed
securities-residential
|
$ | 2,883 | $ | 113 | $ | - | $ | 2,996 | $ | 10,703 | $ | 216 | $ | (1 | ) | $ | 10,918 | |||||||||||||||
Mortgage
backed securities-commercial
|
4,312 | 15 | - | 4,327 | - | - | - | - | ||||||||||||||||||||||||
Debt
securities
|
2,238 | 69 | - | 2,307 | 2,237 | 6 | - | 2,243 | ||||||||||||||||||||||||
Private
label mortgage-backed securities-residential
|
2,578 | - | (376 | ) | 2,202 | 5,227 | - | (305 | ) | 4,922 | ||||||||||||||||||||||
Total
securities available for sale
|
$ | 12,011 | $ | 197 | $ | (376 | ) | $ | 11,832 | $ | 18,167 | $ | 222 | $ | (306 | ) | $ | 18,083 |
|
The
maturities of the debt securities and mortgage-backed securities
available-for-sale at June 30, 2010 are summarized in the following
table:
|
15
|
At
June 30, 2010
|
||||||||
Amortized
|
Fair
|
|||||||
Cost
|
Value
|
|||||||
(Dollars
in thousands)
|
||||||||
Due
after 10 years
|
$ | 2,238 | $ | 2,307 | ||||
Total
debt securities
|
2,238 | 2,307 | ||||||
Mortgage-backed
securities:
|
||||||||
Residential
|
5,461 | 5,198 | ||||||
Commercial
|
4,312 | 4,327 | ||||||
Total
|
$ | 12,011 | $ | 11,832 |
The
following table is an analysis of the amortized cost and fair values of
securities held to maturity at June 30, 2010 and September 30,
2009:
At
June 30, 2010
|
At
September 30, 2009
|
|||||||||||||||||||||||||||||||
Gross
|
Gross
|
Gross
|
Gross
|
|||||||||||||||||||||||||||||
Amortized
|
Unrealized
|
Unrealized
|
Fair
|
Amortized
|
Unrealized
|
Unrealized
|
Fair
|
|||||||||||||||||||||||||
Cost
|
Gains
|
Losses
|
Value
|
Cost
|
Gains
|
Losses
|
Value
|
|||||||||||||||||||||||||
(Dollars
in thousands)
|
||||||||||||||||||||||||||||||||
Securities
held to maturity:
|
||||||||||||||||||||||||||||||||
Obligations
of U.S. government agencies:
|
||||||||||||||||||||||||||||||||
Mortgage-backed
securities-residential
|
$ | 16,565 | $ | 251 | $ | (42 | ) | $ | 16,774 | $ | 16,258 | $ | 12 | $ | (378 | ) | $ | 15,892 | ||||||||||||||
Mortgage-backed
securities-commercial
|
1,916 | 8 | - | 1,924 | 1,981 | 1 | (1 | ) | 1,981 | |||||||||||||||||||||||
Obligations
of U.S. government-sponsored enterprises:
|
||||||||||||||||||||||||||||||||
Mortgage
backed securities-residential
|
19,987 | 482 | - | 20,469 | 22,757 | 215 | (50 | ) | 22,922 | |||||||||||||||||||||||
Debt
securities
|
8,495 | 73 | - | 8,568 | 8,020 | 43 | - | 8,063 | ||||||||||||||||||||||||
Private
label mortgage-backed securities-residential
|
2,020 | 102 | (106 | ) | 2,016 | 2,813 | 79 | - | 2,892 | |||||||||||||||||||||||
Obligations
of state and political subdivisions
|
97 | 6 | - | 103 | 122 | 9 | - | 131 | ||||||||||||||||||||||||
Corporate
securities
|
- | - | - | - | 4,000 | 116 | - | 4,116 | ||||||||||||||||||||||||
Total
securities held to maturity
|
$ | 49,080 | $ | 922 | $ | (148 | ) | $ | 49,854 | $ | 55,951 | $ | 475 | $ | (429 | ) | $ | 55,997 |
During
the nine months ended June 30, 2010, the Company sold its only corporate
security from the held to maturity portfolio. The issuer of the $4.0
million bond was downgraded bya rating agency, which was considered
evidence of a significant deterioration in the issuer’s creditworthiness.
The bond was sold for a gain of $270,000. Management does not believe the
sale of the bond affects its intent or ability to hold the remaining
investment securities in the held to maturity portfolio until their
maturity.
|
|
The
maturities of the debt securities and the mortgage backed securities held
to maturity at June 30, 2010 are summarized in the following
table:
|
16
|
At
June 30, 2010
|
||||||||
Amortized
|
Fair
|
|||||||
Cost
|
Value
|
|||||||
(Dollars
in thousands)
|
||||||||
Due
within 1 year
|
$ | - | $ | - | ||||
Due
after 1 but within 5 years
|
97 | 103 | ||||||
Due
after 5 but within 10 years
|
5,995 | 6,036 | ||||||
Due
after 10 years
|
2,500 | 2,532 | ||||||
Total
debt securities
|
8,592 | 8,671 | ||||||
Mortgage-backed
securities:
|
||||||||
Residential
|
38,572 | 39,259 | ||||||
Commercial
|
1,916 | 1,924 | ||||||
Total
|
$ | 49,080 | $ | 49,854 |
NOTE I –
IMPAIRMENT OF INVESTMENT SECURITIES
|
The
Company recognizes credit-related other-than-temporary impairment on debt
securities in earnings while noncredit-related other-than-temporary
impairment on debt securities not expected to be sold are recognized in
other comprehensive income (“OCI”).
|
|
We
review our investment portfolio on a quarterly basis for indications of
impairment. This review includes analyzing the length of time and the
extent to which the fair value has been lower than the cost, the financial
condition and near-term prospects of the issuer, including any specific
events which may influence the operations of the issuer and the intent and
ability to hold the investment for a period of time sufficient to allow
for any anticipated recovery in the market. We evaluate our intent and
ability to hold debt securities based upon our investment strategy for the
particular type of security and our cash flow needs, liquidity position,
capital adequacy and interest rate risk position. In addition, the risk of
future other-than-temporary impairment may be influenced by prolonged
recession in the U.S. economy, changes in real estate values and interest
deferrals.
|
|
The
following tables present the gross unrealized losses and fair value at
June 30, 2010 and September 30, 2009 for both available for sale and held
to maturity securities by investment category and time frame for which the
loss has been outstanding:
|
June
30, 2010
|
||||||||||||||||||||||||||||
Less
Than 12 Months
|
12
Months Or Greater
|
Total
|
||||||||||||||||||||||||||
Number of |
|
Fair
|
Unrealized
|
Fair
|
Unrealized
|
Fair
|
Unrealized
|
|||||||||||||||||||||
Securities |
|
Value
|
Losses
|
Value
|
Losses
|
Value
|
Losses
|
|||||||||||||||||||||
(Dollars
in thousands)
|
||||||||||||||||||||||||||||
Obligations
of U.S. government agencies:
|
||||||||||||||||||||||||||||
Mortgage-backed
securities-residential
|
1 | $ | - | $ | - | $ | 3,441 | $ | (42 | ) | $ | 3,441 | $ | (42 | ) | |||||||||||||
Mortgage-backed
securities-commercial
|
1 | - | - | 25 | - | 25 | - | |||||||||||||||||||||
Private
label mortgage-backed securities:
|
||||||||||||||||||||||||||||
Residential
|
3 | 842 | (106 | ) | 2,202 | $ | (376 | ) | 3,044 | (482 | ) | |||||||||||||||||
Total
|
5 | $ | 842 | $ | (106 | ) | $ | 5,668 | $ | (418 | ) | $ | 6,510 | $ | (524 | ) |
17
September
30, 2009
|
||||||||||||||||||||||||||||
Less
Than 12 Months
|
12
Months Or Greater
|
Total
|
||||||||||||||||||||||||||
Number
of
|
Fair
|
Unrealized
|
Fair
|
Unrealized
|
Fair
|
Unrealized
|
||||||||||||||||||||||
Securities
|
Value
|
Losses
|
Value
|
Losses
|
Value
|
Losses
|
||||||||||||||||||||||
(Dollars
in thousands)
|
||||||||||||||||||||||||||||
Obligations
of U.S. government agencies:
|
||||||||||||||||||||||||||||
Mortgage-backed
securities-residential
|
5 | $ | 8,967 | $ | (379 | ) | $ | - | $ | - | $ | 8,967 | $ | (379 | ) | |||||||||||||
Mortgage-backed
securities-commercial
|
2 | - | - | 90 | (1 | ) | 90 | (1 | ) | |||||||||||||||||||
Obligations
of U.S. government-
|
||||||||||||||||||||||||||||
sponsored
enterprises:
|
||||||||||||||||||||||||||||
Mortgage-backed
securities-residential
|
5 | 10,497 | (50 | ) | - | - | 10,497 | (50 | ) | |||||||||||||||||||
Private
label mortgage-backed securities:
|
||||||||||||||||||||||||||||
Residential
|
3 | 2,244 | (29 | ) | 2,678 | (276 | ) | 4,922 | (305 | ) | ||||||||||||||||||
Total
|
15 | $ | 21,708 | $ | (458 | ) | $ | 2,768 | $ | (277 | ) | $ | 24,476 | $ | (735 | ) |
NOTE J –
LOANS RECEIVABLE, NET
|
Loans
receivable, net were comprised of the
following:
|
June
30,
|
September
30,
|
|||||||
2010
|
2009
|
|||||||
(Dollars
in thousands)
|
||||||||
One-to
four-family residential
|
$ | 169,068 | $ | 172,415 | ||||
Commercial
real estate
|
101,810 | 105,764 | ||||||
Construction
|
71,482 | 93,217 | ||||||
Home
equity lines of credit
|
23,149 | 22,528 | ||||||
Commercial
business
|
37,273 | 37,372 | ||||||
Other
|
13,568 | 13,484 | ||||||
Total
loans receivable
|
416,350 | 444,780 | ||||||
Net
deferred loan costs
|
110 | 24 | ||||||
Allowance
for loan losses
|
(5,162 | ) | (5,807 | ) | ||||
Total
loans receivable, net
|
$ | 411,298 | $ | 438,997 |
|
At
June 30, 2010 and September 30, 2009, non-accrual loans had a total
principal balance of $24,839,000 and $33,484,000, respectively. The amount
of interest income not recognized on loans was $1,612,000 and $756,000 for
the nine month periods ended June 30, 2010 and 2009, respectively. At June
30, 2010 and September 30, 2009, impaired loans, none of which were
subject to specific loss allowances, totaled $25,285,000 and $32,694,000,
respectively.
|
NOTE K -
DEPOSITS
|
A
summary of deposits by type of account are summarized as
follows:
|
18
|
June
30,
|
September
30,
|
|||||||
2010
|
2009
|
|||||||
(Dollars
in thousands)
|
||||||||
Demand
accounts
|
$ | 37,317 | $ | 35,221 | ||||
Savings
accounts
|
62,105 | 57,864 | ||||||
NOW
accounts
|
50,979 | 49,456 | ||||||
Money
market accounts
|
85,707 | 85,535 | ||||||
Certificates
of deposit
|
160,621 | 187,289 | ||||||
Retirement
certificates
|
31,358 | 33,152 | ||||||
$ | 428,087 | $ | 448,517 |
NOTE L – INCOME TAXES
|
The
Company records income taxes using the asset and liability method.
Accordingly, deferred tax assets and liabilities: (i) are recognized
for the expected future tax consequences of events that have been
recognized in the financial statements or tax returns; (ii) are
attributable to differences between the financial statement carrying
amounts of existing assets and liabilities and their respective tax bases;
and (iii) are measured using enacted tax rates expected to apply in
the years when those temporary differences are expected to be recovered or
settled.
|
Where
applicable, deferred tax assets are reduced by a valuation allowance for any
portions determined not likely to be realized. The valuation allowance is
assessed by management on a quarterly basis and adjusted, by a charge or credit
to income tax expense, as changes in facts and circumstances warrant. In
assessing whether it is more likely than not that some portion or all of the
deferred tax assets will not be realized, management considers projections of
future taxable income, the projected periods in which current temporary
differences will be deductible, the availability of carry forwards, and existing
tax laws and regulations. Due to ongoing taxable losses through the year ended
September 30, 2009, the Company’s net deferred tax assets were fully offset by a
valuation allowance of $4,339,000 at September 30, 2009. Based upon an
assessment of current and projected future operations, management determined
that a portion of the deferred tax valuation allowance was no longer necessary
and the balance was reduced to $837,000 at June 30, 2010.
A
reconciliation of income tax expense (benefit) between the amounts calculated
based upon pre-tax income (loss) at the federal statutory rate of 34% and the
amounts reflected in the consolidated statements of operations are as
follows:
For
the Three Months
|
For
the Nine Months
|
|||||||||||||||
Ended
June 30,
|
Ended
June 30,
|
|||||||||||||||
2010
|
2009
|
2010
|
2009
|
|||||||||||||
(in
thousands)
|
||||||||||||||||
Income
tax expense (benefit) at 34%
|
||||||||||||||||
statutory
federal tax rate
|
$ | 30 | $ | (938 | ) | $ | 23 | $ | (2,097 | ) | ||||||
Change
in valuation allowance related
|
||||||||||||||||
to
deferred income tax assets
|
(3,493 | ) | 732 | (3,818 | ) | 1,746 | ||||||||||
State
tax expense (benefit)
|
(9 | ) | 216 | 1 | 405 | |||||||||||
Other
|
26 | - | 26 | - | ||||||||||||
Income
tax expense (benefit)
|
$ | (3,446 | ) | $ | 10 | $ | (3,768 | ) | $ | 54 |
NOTE M -
FINANCIAL INSTRUMENTS WITH OFF-BALANCE SHEET RISK
The
Company uses derivative financial instruments, such as interest rate floors and
collars, as part of its interest rate risk management. Interest rate caps
and floors are agreements whereby one party agrees to pay or receive a floating
rate of interest on a notional principal amount for a predetermined period of
time if certain market interest rate thresholds are met. The Company considers
the credit risk inherent in these contracts to be negligible.
As of
June 30, 2010, the Company held one Prime-based interest rate floor. The
counterparty in the transaction is Wells Fargo (formerly Wachovia Bank, N.A). In
accordance with cash flow hedge accounting, the amortization of the costs of the
derivatives flowed through the Company’s income statement as a reduction to loan
interest income. In addition, all changes in fair value of the derivative
contracts are recorded through other comprehensive income.
19
The table
below shows the notional amount, strike and maturity date of our interest rate
derivative contract as of June 30, 2010 and September 30, 2009.
Fair
Value
|
|||||||||||||||||
Notional
|
Maturity
|
June
30,
|
September
30,
|
||||||||||||||
Amount
|
Strike
|
Date
|
2010
|
2009
|
|||||||||||||
(Dollars
in thousands)
|
|||||||||||||||||
Interest
rate floor
|
$ | 5,000 | 7.25 | % |
12/27/10
|
$ | 101 | $ | 234 | ||||||||
|
The
Bank is a party to financial instruments with off-balance-sheet risk in
the normal course of business to meet the financing needs of its
customers. These financial instruments are commitments to extend credit.
Those instruments involve, to varying degrees, elements of credit and
interest rate risk in excess of the amounts recognized in the balance
sheets.
|
June
30,
|
September
30,
|
|||||||
2010
|
2009
|
|||||||
(Dollars
in thousands)
|
||||||||
Financial
instruments whose contract amounts
|
||||||||
represent
credit risk
|
||||||||
Letters
of credit
|
$ | 2,048 | $ | 2,318 | ||||
Unused
lines of credit
|
35,856 | 35,859 | ||||||
Fixed
rate loan commitments
|
4,034 | 3,863 | ||||||
Variable
rate loan commitments
|
150 | 1,120 | ||||||
$ | 42,088 | $ | 43,160 |
20
Item 2. Management's Discussion and Analysis of Financial
Condition and Results of Operations
Forward-Looking
Statements
When used
in this filing and in future filings by the Company with the Securities and
Exchange Commission, in the Company’s press releases or other public or
shareholder communications, or in oral statements made with the approval of an
authorized executive officer, the words or phrases, “anticipate,” “would be,”
“will allow,” “intends to,” “will likely result,” “are expected to,” “will
continue,” “is anticipated,” “estimated,” “projected,” “believes”, or similar
expressions are intended to identify “forward looking statements.”
Forward-looking statements are subject to numerous risks and uncertainties,
including, but not limited to, those risks previously disclosed in the Company’s
filings with the SEC, general economic conditions, changes in interest rates,
regulatory considerations, competition, technological developments, retention
and recruitment of qualified personnel, and market acceptance of the Company’s
pricing, products and services, and with respect to the loans extended by the
Bank and real estate owned, the following: risks related to the economic
environment in the market areas in which the Bank operates, particularly with
respect to the real estate market in New Jersey; the risk that the value of the
real estate securing these loans may decline in value; and the risk that
significant expense may be incurred by the Company in connection with the
resolution of these loans.
The
Company wishes to caution readers not to place undue reliance on any such
forward-looking statements, which speak only as of the date made, and advises
readers that various factors, including regional and national economic
conditions, substantial changes in levels of market interest rates, credit and
other risks of lending and investing activities, and competitive and regulatory
factors, could affect the Company’s financial performance and could cause the
Company’s actual results for future periods to differ materially from those
anticipated or projected.
The
Company does not undertake, and specifically disclaims any obligation, to update
any forward-looking statements to reflect occurrences or unanticipated events or
circumstances after the date of such statements.
Critical
Accounting Policies
Critical
accounting policies are defined as those that are reflective of significant
judgments and uncertainties, and could potentially result in materially
different results under different assumptions and conditions. Critical
accounting policies may involve complex subjective decisions or assessments. We
consider the following to be our critical accounting policies.
Allowance for
Loan Loss. The allowance for loan losses is the amount estimated by
management as necessary to cover credit losses in the loan portfolio both
probable and reasonably estimable at the balance sheet date. The allowance is
established through the provision for loan losses which is charged against
income. In determining the allowance for loan losses, management makes
significant estimates and has identified this policy as one of our most
critical. Due to the high degree of judgment involved, the subjectivity of the
assumptions utilized and the potential for changes in the economic environment
that could result in changes to the amount of the recorded allowance for loan
losses, the methodology for determining the allowance for loan losses is
considered a critical accounting policy by management.
As a
substantial amount of our loan portfolio is collateralized by real estate,
appraisals of the underlying value of property securing loans and discounted
cash flow valuations of properties are critical in determining the amount of the
allowance required for specific loans. Assumptions for appraisals and discounted
cash flow valuations are instrumental in determining the value of properties.
Overly optimistic assumptions or negative changes to assumptions could
significantly affect the valuation of a property securing a loan and the related
allowance determined. The assumptions supporting such appraisals and discounted
cash flow valuations are carefully reviewed by management to determine that the
resulting values reasonably reflect amounts realizable on the related
loans.
21
Management
performs a quarterly evaluation of the adequacy of the allowance for loan
losses. We consider a variety of factors in establishing this estimate
including, but not limited to, current economic conditions, delinquency
statistics, geographic and industry concentrations, the adequacy of the
underlying collateral, the financial strength of the borrower, results of
internal loan reviews and other relevant factors. This evaluation is inherently
subjective as it requires material estimates by management that may be
susceptible to significant change based on changes in economic and real estate
market conditions.
The
evaluation has a specific and general component. The specific component relates
to loans that are delinquent or otherwise identified as impaired through the
application of our loan review process and our loan grading system. All such
loans are evaluated individually, with principal consideration given to the
value of the collateral securing the loan and discounted cash flows. Specific
impairment allowances are established as required by this analysis. The general
component is determined by segregating the remaining loans by type of loan, risk
weighting (if applicable) and payment history. We also analyze historical loss
experience, delinquency trends, general economic conditions and geographic and
industry concentrations. This analysis establishes factors that are applied to
the loan groups to determine the amount of the general component of the
allowance for loan losses.
Actual
loan losses may be significantly greater than the allowances we have
established, which could have a material negative effect on our financial
results.
Deferred Income
Taxes. The Company records income taxes using the asset and liability
method. Accordingly, deferred tax assets and liabilities: (i) are
recognized for the expected future tax consequences of events that have been
recognized in the financial statements or tax returns; (ii) are
attributable to differences between the financial statement carrying amounts of
existing assets and liabilities and their respective tax bases; and
(iii) are measured using enacted tax rates expected to apply in the years
when those temporary differences are expected to be recovered or
settled.
Where
applicable, deferred tax assets are reduced by a valuation allowance for any
portions determined not likely to be realized. The effect on deferred tax assets
and liabilities of a change in tax rates is recognized in income tax expense in
the period of enactment. The valuation allowance is adjusted, by a charge or
credit to income tax expense, as changes in facts and circumstances
warrant.
Comparison
of Financial Condition at June 30, 2010 and September 30, 2009
Total
assets decreased $21.8 million, or 3.8%, to $543.5 million at June 30, 2010 from
$565.2 million at September 30, 2009. The decrease resulted from lower balances
of loans receivable, net of allowance for loan loss, and investment securities,
which decreased $27.7 million and $13.1 million, respectively, partially offset
by increases in other real estate owned, cash and other assets.
Total
loans receivable decreased $28.4 million during the nine months ended June 30,
2010 to $416.5 million and were comprised of $169.1 million (40.6%) one-to-four
family residential mortgage loans, $101.8 million (24.5%) commercial real estate
loans, $71.5 million (17.2%) construction loans, $37.3 million (8.9%) commercial
business loans, $23.1 million (5.6%) home equity lines of credit and $13.6
million (3.2%) other loans. Contraction of the portfolio during the nine months
ended June 30, 2010 occurred primarily in construction loans, which decreased
$21.7 million, followed by decreases of $4.0 million in commercial real estate
loans and $3.3 million in residential mortgage loans. The Company ceased
originating new non-owner occupied construction loans in October 2008 and
intends to continue decreasing construction loans as a percentage of total
loans.
22
Total
non-performing loans decreased by $1.7 million to $32.2 million at June 30, 2010
from $33.9 million at September 30, 2009. Non-performing loans at June 30, 2010
consisted of $24.8 million of non-accrual loans and $7.4 million of troubled
debt restructurings. During the nine months ended June 30, 2010, non-accrual
loans decreased $8.6 million while troubled debt restructurings increased $6.9
million. The troubled debt restructurings were modifications of delinquent loans
where the Company has given a concession, such as a below-market interest rate
or partial capitalization of interest due, to the borrower in order to resume
scheduled repayments from the borrower. The $7.4 million in troubled debt
restructurings were current at June 30, 2010.
Included
in the non-accrual loan totals were thirteen construction loans totaling $15.1
million, seven commercial loans totaling $4.9 million, five residential mortgage
loans totaling $3.4 million, and three home equity lines of credit totaling $1.4
million. Included in the troubled debt restructurings were seven commercial real
estate loans totaling $6.5 million, three residential mortgage loans totaling
$706,000 and two commercial business loan totaling $211,000. The Company has not
and does not intend to originate or purchase sub-prime loans or option-ARM
loans.
Adverse
economic conditions have led to high levels of non-performing loans,
particularly in the Company’s construction loan portfolio. The repayment of
construction loans is typically dependent upon the sale of the collateral
securing the loan, which has been negatively impacted by rapid deterioration in
the housing market and decreased buyer demand. As a result, construction
projects have slowed and reached their maturity dates. In order for the Company
to extend the loans beyond the original maturity date, the value of the
collateral securing the loan must be assessed, which is typically done by
obtaining an updated third-party appraisal. Given the deterioration in the
economy and, specifically, the housing market, updated valuations of the
collateral reflect depreciation from earlier assessments. To the extent that an
updated valuation of the collateral is insufficient to cover a
collateral-dependent loan, the Company reduces the balance of the loan via a
charge to the allowance for loan loss.
Non-performing
construction loans decreased $4.4 million, or 22.5%, to $15.1 million at June
30, 2010 from $19.5 million at September 30, 2009. At June 30, 2010,
non-performing construction loans consisted of five loans totaling $7.4 million
secured by incomplete single family homes, three loans totaling $6.3 million
secured by incomplete condominium units, and five loans totaling $1.4 million
secured by land. These loans were used for land acquisition and construction in
various locations in the States of New Jersey and Pennsylvania. Magyar Bank is
determining the proper course of action to collect the principal outstanding on
these loans. Fiscal year-to-date, the Bank had charged off $1.8 million in
construction loan balances through a reduction of its allowance for loan
loss.
Construction
loans may contain interest reserves on which the interest is capitalized to the
loan. At June 30, 2010, there were four performing construction loans with
interest reserves representing outstanding balances of $13.2 million, original
interest reserves of $960,000, advanced interest reserves of $477,000, and
remaining interest reserve balances of $483,000. At September 30, 2009, there
were six performing construction loans with interest reserves representing
outstanding balances of $17.3 million, original interest reserves of $1.6
million, advanced interest reserves of $454,000, and remaining interest reserve
balances of $1.1 million.
Underwriting
for construction loans with and without interest reserves has followed a uniform
process. Construction loan progress is monitored on a monthly basis by
management of the Bank as well as by the Board of Directors. Each time an
advance is requested, an inspection is made of the project by an outside
engineer or appraiser, depending on the size and complexity of the project, to
determine the amount of work completed and if the costs to date are supported
adequately. The Bank’s construction loan operations personnel compare the
advance request with the original budget and remaining loan funds available to
ensure the project is in balance and that at all times the amount remaining on
the loan is sufficient to complete the project.
23
A number
of the Bank’s construction loans have been extended due to slower sales as a
result of economic conditions. In cases where updated appraisals reflect
collateral values insufficient to cover the loan, additional collateral and/or a
principal reduction is required to extend the loan. Some of the Bank’s loans
that originally had interest reserves are non-performing. The Bank does not have
any currently non-performing loans with active interest reserves. Once a loan is
deemed impaired, any interest reserve is frozen and the loan is placed on
non-accrual so that no future interest income is recorded on these loans. The
Bank ceased originating new non-owner occupied construction loans in October
2008.
Non-performing
loans secured by one-to four-family residential properties decreased $959,000,
or 19.1%, to $4.1 million at June 30, 2010 from $5.0 million at September 30,
2009. Of these non-performing loans, two loans totaling $2.9 million were made
to an investment property manager that had been negatively impacted by the
downturn in the real estate market. In addition to these loans, there were
three non-accrual owner-occupied mortgage loans totaling $442,000 and three
troubled debt restructurings totaling $706,000. The Bank had begun foreclosure
proceedings on the majority of the properties securing non-accrual loans as of
June 30, 2010. The Company has not and does not intend to originate or purchase
sub-prime loans or option-ARM loans. Fiscal year-to-date, the Bank had charged
off $61,000 in non-performing residential mortgage loans through a reduction of
its allowance for loan loss.
Non-performing
commercial real estate loans increased $2.6 million, or 34.5%, to $10.0 million
at June 30, 2010 from $7.4 million at September 30, 2009. Of the non-performing
loans, seven loans totaling $6.4 million were troubled debt restructurings and
were performing in accordance with their modified terms at June 30, 2010. The
remaining $3.6 million consisted of three non-accrual loans that were in the
process of collection. Fiscal year-to-date, the Bank had charged off $321,000 in
non-performing commercial real estate loans through a reduction of its allowance
for loan loss.
Non-performing commercial business
loans increased $731,000, or 83.2%, to $1.6 million at June 30, 2010 from
$879,000 at September 30, 2009. Of the six non-performing loans, four loans
totaling $1.4 million were non-accrual and two loans totaling $211,000 were
troubled debt restructurings and were performing in accordance with their
modified terms at June 30, 2010. All non-performing commercial business loans
except for one troubled debt restructuring in the amount of $75,000 were secured
by real estate. The Bank is determining the proper course of action to collect
the principal outstanding on the non-accrual loans which will include
foreclosure proceedings for those loans secured by real estate. Fiscal
year-to-date, the Bank had charged off $125,000 in non-performing commercial
business loans through a reduction of its allowance for loan loss.
Non-performing
home equity lines of credit and other loans increased $311,000, or 28.6%, to
$1.4 million at June 30, 2010 from $1.1 million at September 30,
2009. Non-performing loans consisted of three non-accrual loans that were
in the process of foreclosure at June 30, 2010.
The ratio
of non-performing loans to total loans receivable was 7.7% at June 30, 2010
compared with 7.6% at September 30, 2009. The allowance for loan losses
decreased to $5.2 million, or 16.0% of non-performing loans at June 30,
2010 compared with 17.1% of non-performing loans at September 30, 2009.
Provisions for loan loss during the nine months ended June 30, 2010 were $1.6
million while net charge-offs were $2.3 million. The allowance for loan losses
decreased 7 basis points to 1.24% of gross loans outstanding at June 30, 2010
from 1.31% of gross loans outstanding at September 30, 2009.
Investment
securities decreased $13.1 million to $60.9 million at June 30, 2010 from $74.0
million at September 30, 2009. Proceeds from principal repayments totaling $16.3
million and sales of investment securities totaling $16.3 million exceeded
purchases totaling $19.8 million during the nine month period.
Other
real estate owned increased $8.1 million to $13.7 million at June 30, 2010 from
$5.6 million at September 30, 2009. The increase was the result of the Bank’s
acceptance of deeds-in-lieu of foreclosure on collateral securing five
construction loans, three residential mortgage loans and one commercial real
estate loan, partially offset by the sale of three other real estate owned
properties. The Bank is determining the proper course of action for its other
real estate owned, which may include holding the properties until the real
estate market improves, selling the properties to a developer and completing
partially completed homes for either rental or sale.
24
During
the nine months ended June 30, 2010, the Company sold three properties from its
other real estate owned portfolio. The first was a single-family residence
obtained from a deed-in-lieu of foreclosure in August 2009. The home, which was
being carried at $435,000, was sold in January 2010 for a loss of
$14,000.
In
addition, two of six residential lots located in Rumson, New Jersey that were
acquired in January 2008 were sold for gains of $111,000 and $60,000. One of the
remaining three lots is under contract of sale to be purchased and is expected
to close before the Company’s fiscal year-end. In addition, one other real
estate owned property carried at $2.2 million is under contract of sale and also
expected to close before the Company’s fiscal year-end. No loss is expected on
these sales.
Other
assets increased $6.2 million to $7.9 million at June 30, 2010 from $1.7 million
at September 30, 2009. The increase was due to the prepayment of three years’
FDIC insurance assessments and the partial reduction of the valuation allowance
against the Company’s deferred tax asset in the amount of $3.5 million during
the nine months ended June 30, 2010. The FDIC opted to collect future payments
from all insured institutions in order to replenish the Deposit Insurance Fund.
The Company’s prepayment in December 2009 totaled $3.6 million of which $2.9
million at June 30, 2010 is recorded as a prepaid asset.
Total
deposits decreased $20.4 million, or 4.6%, to $428.1 million during the nine
months ended June 30, 2010. The outflow in deposits occurred entirely in
certificates of deposit (including individual retirement accounts), which
decreased $28.5 million to $192.0 million. The Company’s improved net interest
margin in the first quarter was largely a result of the managed outflow of
higher-rate certificates of deposit. Year-to-date, the Company has experienced a
$4.2 million increase in savings account balances, a $2.1 million increase in
non-interest-bearing checking account balances, a $1.5 million increase in
interest checking account balances and a $172,000 increase in money market
account balances.
Included
with the total deposits at June 30, 2010 were $8.2 million in Certificate of
Deposit Account Registry Service (CDARS) reciprocal certificates of deposit and
$16.9 million in brokered certificates of deposit. At September 30, 2009, CDARS
balances were $12.0 million and brokered certificates of deposit balances were
$15.9 million.
Borrowings
from the Federal Home Loan Bank of New York decreased $5.8 million, or 8.2%, to
$49.4 million at June 30, 2010 from $55.1 million at September 30, 2009.
Securities sold under agreements to repurchase were unchanged during the nine
month period.
Stockholders’
equity increased $3.9 million, or 9.8%, to $44.0 million at June 30, 2010 from
$40.0 million at September 30, 2009. The Company’s book value per share
increased to $7.60 at June 30, 2010 from $6.94 at September 30, 2009. The
increase was primarily due to the results of operations for the nine months
ended June 30, 2010. For the nine months ended June 30, 2010, the Company did
not repurchase shares of its stock.
Average
Balance Sheets for the Three and Nine Months Ended June 30, 2010 and
2009
The
tables on the following pages present certain information regarding the
Company’s financial condition and net interest income for the three and nine
months ended June 30, 2010 and 2009. The tables present the annualized average
yield on interest-earning assets and the annualized average cost of
interest-bearing liabilities. We derived the yields and costs by dividing
annualized income or expense by the average balance of interest-earning assets
and interest-bearing liabilities, respectively, for the periods shown. We
derived average balances from daily balances over the periods indicated.
Interest income includes fees that we consider adjustments to
yields.
25
MAGYAR
BANCORP, INC. AND SUBSIDIARY
|
||||||
Comparative
Average Balance Sheets
|
||||||
(Dollars
In Thousands)
|
||||||
For the Three Months Ended June
30,
|
||||||||||||||||||||||||
2010
|
2009
|
|||||||||||||||||||||||
Average
Balance
|
Interest
Income/
Expense
|
Yield/Cost
(Annualized)
|
Average
Balance
|
Interest
Income/
Expense
|
Yield/Cost
(Annualized)
|
|||||||||||||||||||
(Unaudited)
|
||||||||||||||||||||||||
Interest-earning
assets:
|
||||||||||||||||||||||||
Interest-earning
deposits
|
$ | 5,126 | $ | 2 | 0.15 | % | $ | 7,606 | $ | 1 | 0.08 | % | ||||||||||||
Loans
receivable, net
|
418,566 | 5,543 | 5.31 | % | 435,617 | 5,800 | 5.34 | % | ||||||||||||||||
Securities
|
||||||||||||||||||||||||
Taxable
|
63,709 | 582 | 3.66 | % | 65,129 | 709 | 4.37 | % | ||||||||||||||||
Tax-exempt
(1)
|
97 | 1 | 6.02 | % | 122 | 3 | 9.12 | % | ||||||||||||||||
FHLB
of NY stock
|
3,019 | 33 | 4.42 | % | 3,191 | 55 | 6.92 | % | ||||||||||||||||
Total
interest-earning assets
|
490,517 | 6,161 | 5.04 | % | 511,665 | 6,568 | 5.15 | % | ||||||||||||||||
Noninterest-earning
assets
|
55,875 | 45,075 | ||||||||||||||||||||||
Total
assets
|
$ | 546,392 | $ | 556,740 | ||||||||||||||||||||
Interest-bearing
liabilities:
|
||||||||||||||||||||||||
Savings
accounts (2)
|
$ | 63,582 | 136 | 0.86 | % | $ | 55,521 | 185 | 1.34 | % | ||||||||||||||
NOW
accounts (3)
|
135,520 | 345 | 1.02 | % | 121,720 | 414 | 1.36 | % | ||||||||||||||||
Time
deposits (4)
|
198,361 | 1,115 | 2.25 | % | 230,500 | 1,728 | 3.01 | % | ||||||||||||||||
Total
interest-bearing deposits
|
397,463 | 1,596 | 1.61 | % | 407,741 | 2,327 | 2.29 | % | ||||||||||||||||
Borrowings
|
66,218 | 675 | 4.09 | % | 70,486 | 729 | 4.15 | % | ||||||||||||||||
Total
interest-bearing liabilities
|
463,681 | 2,271 | 1.96 | % | 478,227 | 3,056 | 2.56 | % | ||||||||||||||||
Noninterest-bearing
liabilities
|
39,129 | 34,901 | ||||||||||||||||||||||
Total
liabilities
|
502,810 | 513,128 | ||||||||||||||||||||||
Retained
earnings
|
43,582 | 43,612 | ||||||||||||||||||||||
Total
liabilities and retained earnings
|
$ | 546,392 | $ | 556,740 | ||||||||||||||||||||
Tax-equivalent
basis adjustment
|
- | (1 | ) | |||||||||||||||||||||
Net
interest income
|
$ | 3,890 | $ | 3,511 | ||||||||||||||||||||
Interest
rate spread
|
3.08 | % | 2.59 | % | ||||||||||||||||||||
Net
interest-earning assets
|
$ | 26,836 | $ | 33,438 | ||||||||||||||||||||
Net
interest margin
(5)
|
3.18 | % | 2.75 | % | ||||||||||||||||||||
Average
interest-earning assets to average interest-bearing
liabilities
|
105.79 | % | 106.99 | % |
(1)
Calculated using 34% tax rate for all periods.
|
||||||
(2)
Includes passbook savings, money market passbook and club
accounts.
|
||||||
(3) Includes
interest-bearing checking and money market accounts.
|
||||||
(4) Includes
certificates of deposits and individual retirement
accounts.
|
||||||
(5) Calculated
as annualized net interest income divided by average total
interest-earning assets.
|
26
MAGYAR
BANCORP, INC. AND SUBSIDIARY
|
||||||
Comparative
Average Balance Sheets
|
||||||
(Dollars
In Thousands)
|
||||||
For the Nine Months Ended June
30,
|
||||||||||||||||||||||||
2010
|
2009
|
|||||||||||||||||||||||
Average
Balance
|
Interest
Income/
Expense
|
Yield/Cost
(Annualized)
|
Average
Balance
|
Interest
Income/
Expense
|
Yield/Cost
(Annualized)
|
|||||||||||||||||||
(Unaudited) | ||||||||||||||||||||||||
Interest-earning
assets:
|
||||||||||||||||||||||||
Interest-earning
deposits
|
$ | 3,351 | $ | 3 | 0.12 | % | $ | 3,550 | $ | 3 | 0.10 | % | ||||||||||||
Loans
receivable, net
|
429,765 | 17,131 | 5.33 | % | 425,056 | 17,337 | 5.43 | % | ||||||||||||||||
Securities
|
||||||||||||||||||||||||
Taxable
|
66,300 | 1,906 | 3.84 | % | 65,555 | 2,343 | 4.76 | % | ||||||||||||||||
Tax-exempt
(1)
|
107 | 5 | 5.90 | % | 1,529 | 70 | 6.09 | % | ||||||||||||||||
FHLB
of NY stock
|
3,158 | 124 | 5.27 | % | 3,889 | 61 | 2.08 | % | ||||||||||||||||
Total
interest-earning assets
|
502,681 | 19,169 | 5.10 | % | 499,579 | 19,814 | 5.28 | % | ||||||||||||||||
Noninterest-earning
assets
|
50,594 | 44,821 | ||||||||||||||||||||||
Total
assets
|
$ | 553,275 | $ | 544,400 | ||||||||||||||||||||
Interest-bearing
liabilities:
|
||||||||||||||||||||||||
Savings
accounts (2)
|
$ | 61,636 | $ | 469 | 1.02 | % | $ | 44,173 | $ | 365 | 1.10 | % | ||||||||||||
NOW
accounts (3)
|
135,133 | 1,056 | 1.04 | % | 110,881 | 1,235 | 1.48 | % | ||||||||||||||||
Time
deposits (4)
|
204,619 | 3,555 | 2.32 | % | 225,080 | 5,525 | 3.27 | % | ||||||||||||||||
Total
interest-bearing deposits
|
401,388 | 5,080 | 1.69 | % | 380,134 | 7,125 | 2.50 | % | ||||||||||||||||
Borrowings
|
69,521 | 2,090 | 4.02 | % | 87,587 | 2,323 | 3.53 | % | ||||||||||||||||
Total
interest-bearing liabilities
|
470,909 | 7,170 | 2.04 | % | 467,721 | 9,448 | 2.69 | % | ||||||||||||||||
Noninterest-bearing
liabilities
|
38,550 | 36,745 | ||||||||||||||||||||||
Total
liabilities
|
509,459 | 504,466 | ||||||||||||||||||||||
Retained
earnings
|
43,816 | 39,934 | ||||||||||||||||||||||
Total
liabilities and retained earnings
|
$ | 553,275 | $ | 544,400 | ||||||||||||||||||||
Tax-equivalent
basis adjustment
|
- | (24 | ) | |||||||||||||||||||||
Net
interest income
|
$ | 11,999 | $ | 10,342 | ||||||||||||||||||||
Interest
rate spread
|
3.06 | % | 2.59 | % | ||||||||||||||||||||
Net
interest-earning assets
|
$ | 31,772 | $ | 31,858 | ||||||||||||||||||||
Net
interest margin
(5)
|
3.19 | % | 2.76 | % | ||||||||||||||||||||
Average
interest-earning assets to average interest-bearing
liabilities
|
106.75 | % | 106.81 | % | ||||||||||||||||||||
(1)
Calculated using 34% tax rate for all periods.
|
||||||||||||||||||||||||
(2)
Includes passbook savings, money market passbook and club
accounts.
|
||||||||||||||||||||||||
(3) Includes
interest-bearing checking and money market accounts.
|
||||||||||||||||||||||||
(4) Includes
certificates of deposits and individual retirement
accounts.
|
||||||||||||||||||||||||
(5) Calculated
as annualized net interest income divided by average total
interest-earning assets.
|
27
Comparison
of Operating Results for the Three Months Ended June 30, 2010 and
2009
Net Income
(Loss). Net income increased $6.3 million to $3.5 million for the three
months ended June 30, 2010 from a net loss of $2.8 million for the three months
ended June 30, 2009.
Net Interest and
Dividend Income. Net interest and dividend income increased
$379,000, or 10.8%, to $3.9 million for the three months ended June 30,
2010 from $3.5 million for the three months ended June 30, 2009. Total
interest and dividend income decreased $406,000, or 6.2%, to $6.2 million for
the three month period ended June 30, 2010 while total interest expense
decreased $785,000, or 25.7%, to $2.3 million for the three month period ended
June 30, 2010. Our interest rate spread increased 49 basis points to 3.08% from
2.59%.
Interest and
Dividend Income. The decrease in interest and dividend
income of $406,000, or 6.2%, to $6.2 million for the three months ended June 30,
2010 was primarily due to a decrease in the overall yield of interest-bearing
assets to 5.04% from 5.15%, and a decrease in the average balance of
interest-earning assets of $21.1 million to $490.5 million for the three months
ended June 30, 2010 from $511.7 million, for the same three month period one
year earlier.
Interest
earned on loans decreased $257,000, or 4.4%, to $5.5 million for the three
months ended June 30, 2010 compared with the prior year period due to a $17.0
million decrease in the average balance of loans between the periods and a
decrease in the average yield on such loans to 5.31% from 5.34%.
Interest
earned on our investment securities, excluding Federal Home Loan Bank of New
York stock, decreased $127,000, or 17.8%, to $585,000, due to a 72 basis point
decrease in the average yield on such securities to 3.66% for the three months
ended June 30, 2010 from 4.38% for the three months ended June 30, 2009. The
decrease in yield on investment securities was due to lower market interest
rates than the prior year period. The average balance of such securities
decreased $1.4 million, or 2.2%, to $63.8 million for the three months ended
June 30, 2010 from $65.3 million for the three months ended June 30,
2009.
Interest
Expense. Interest expense decreased $785,000, or 25.7%, to
$2.3 million for the three months ended June 30, 2010 from $3.1 million for the
three months ended June 30, 2009. The decrease in interest expense was primarily
due to a 60 basis point decrease in the average cost of such liabilities to
1.96% from 2.56%, and a decrease in the average balance of interest-bearing
liabilities of $14.5 million, or 3.0%, to $463.7 million from $478.2
million.
The
average balance of interest bearing deposits decreased to $397.5 million from
$407.7 million while the average cost of such deposits decreased to 1.61% from
2.29% in the lower market interest rate environment. As a result, interest paid
on deposits decreased to $1.6 million for the three months ended June 30, 2010
from $2.3 million for the three months ended June 30, 2009.
Average
interest paid on advances and securities sold under agreements to repurchase
decreased to $675,000 for the three months ended June 30, 2010 from $729,000 for
the prior year period due to a decrease in the average balance of such
borrowings to $66.2 million from $70.5 million, and a 6 basis point decrease in
the average cost of advances and securities sold under agreements to repurchase
to 4.09% for the three months ended June 30, 2010 from 4.15% for the prior year
period.
Provision for
Loan Losses. We establish provisions for loan losses, which are charged
to earnings, at a level necessary to absorb known and inherent losses that are
both probable and reasonably estimable at the date of the financial statements.
In evaluating the level of the allowance for loan losses, management considers
historical loss experience, the types of loans and the amount of loans in the
loan portfolio, adverse situations that may affect the borrower’s ability to
repay, the estimated value of any underlying collateral, peer group information
and prevailing economic conditions. This evaluation is inherently subjective as
it requires estimates that are susceptible to significant revision as more
information becomes available or as future events
28
occur.
After an evaluation of these factors, management recorded a provision of
$494,000 for the three months ended June 30, 2010 compared to a provision of
$3.2 million for the prior year period.
The
decrease in provision for loan losses was due to a 25% decrease in non-accrual
loans to $24.8 million at June 30, 2010 as compared with non-accrual loans of
$33.2 million at June 30, 2009. During the nine months ended June 30, 2010,
non-accrual loans decreased $8.7 million to $24.8 million from $33.5 million at
September 30, 2009.
Net
charge-offs were $1.1 million for the three months ended June 30, 2010 compared
with $1.7 million for the three months ended June 30, 2009. The loan charge-offs
during the three months ended June 30, 2010 were primarily the result of further
write-downs of previously impaired loans using updated appraisals of the
collateral securing the loans.
Determining
the amount of the allowance for loan losses necessarily involves a high degree
of judgment. Management reviews the level of the allowance on a quarterly
basis, and
establishes the provision for loan losses based on the factors set forth above.
As management evaluates the allowance for loan losses, the increased risk
associated with larger non-homogenous construction, commercial real estate and
commercial business loans may result in larger additions to the allowance for
loan losses in future periods. Future
increases in the allowance for loan losses may also be necessary based on growth
of the loan portfolio, possible future increases in non-performing loans and
charge-offs, and the possible continuation of the current adverse economic
environment.
Other Income.
Non-interest income decreased $321,000, or 36.0%, to $571,000 for the
three months ended June 30, 2010 compared to $892,000 for the three months ended
June 30, 2009. The decrease was attributable to lower gains on the sales of
available-for-sale investment securities, which decreased $327,000 to $105,000
for the three months ended June 30, 2010 from $432,000 for the three months
ended June 30, 2009. The lower gains on the sales of investment securities were
partially offset by gains on the sales of other real estate owned totaling
$60,000.
Other Expenses.
Non-interest expenses decreased $107,000, or 2.7%, to $3.9 million for
the three months ended June 30, 2010 from $4.0 million for the three months
ended June 30, 2009.
Compensation and benefit expenses
decreased by $129,000 between the periods due to targeted expense reductions
that included staff and benefit reductions during calendar year 2009. FDIC
deposit insurance premiums decreased by $207,000 due to a one-time assessment of
$259,000 paid in addition to the quarterly assessments during the three months
ended June 30, 2009. Partially offsetting the decline in non-interest expenses
were increases in professional fees and occupancy expenses.
Professional fees increased $106,000,
or 59.2%, due to higher legal and consulting fees pertaining to the foreclosure
and workout of non-performing assets. Occupancy expenses increased $85,000, or
13.8%, due to the lease and operation of the Company’s new Bridgewater branch
location.
Income Tax
Expense (Benefit). The Company recorded an income tax benefit of $3.4
million for the three months ended June 30, 2010, compared with a $10,000 tax
expense for the three months ended June 30, 2009, due to the partial reduction
in the valuation allowance previously recorded against its deferred tax asset.
The reduction in the valuation allowance was based on the anticipated
utilization of the Company’s net operating losses within the allowable Federal
and State carryover periods.
Where
applicable, deferred tax assets are reduced by a valuation allowance for any
portions determined not likely to be realized. The valuation allowance is
assessed by management on a quarterly basis and adjusted, by a charge or credit
to income tax expense, as changes in facts and circumstances warrant. In
assessing whether it is more likely than not that some portion or all of the
deferred tax assets will not be realized, management considers projections of
future taxable income, the projected periods in which current temporary
differences will be deductible, the availability of carry forwards, and existing
tax laws and regulations. Due to ongoing taxable losses through the year ended
September 30, 2009, the Company’s net deferred tax assets were fully offset by a
valuation allowance of $4,339,000 at September 30, 2009. Based upon an
assessment of current and projected future operations, management determined
that a portion of the deferred tax valuation allowance was no longer necessary
and the balance was reduced to $837,000 at June 30, 2010.
29
Comparison
of Operating Results for the Nine Months Ended June 30, 2010 and
2009
Net Income
(Loss). The Company recorded net income of $3.8 million for the nine
months ended March 31, 2010 compared with a net loss of $6.2 million for the
nine months ended June 30, 2009.
Net Interest and
Dividend Income. Net interest and dividend income increased $1.7
million, or 16.0%, to $12.1 million for the nine months ended June 30, 2010
from $10.3 million for the nine months ended June 30, 2009. Total interest
and dividend income decreased $621,000 to $19.2 million for the nine month
period ended June 30, 2010 while total interest expense decreased $2.3 million
to $7.2 million for the same nine month period in 2009. Our interest rate spread
increased 47 basis points to 3.06% from 2.59%.
Interest and
Dividend Income. Total interest and dividend income decreased $621,000,
or 3.1%, to $19.2 million for the nine months ended June 30, 2010 from $19.8
million for the same period last year. The decrease in interest income was
primarily due to an 18 basis point decrease in the overall yield of
interest-bearing assets to 5.10% from 5.28%, partially offset by an increase in
the average balance of interest-earning assets of $3.1 million to $502.7 million
from $499.6 million.
Interest earned on loans decreased
$206,000, or 1.2%, to $17.1 million for the nine months ended June 30, 2010 from
$17.3 million for the prior year period. While the average yield on such loans
decreased 10 basis points, to 5.33% from 5.43%, the average balance of loans
increased $4.7 million, or 1.2%, to $429.8 million for the nine months ended
June 30, 2010 from $425.1 million for the nine months ended June 30,
2009.
Interest
earned on investment securities, excluding Federal Home Loan Bank of New York
stock, decreased $478,000, or 20.0%, to $1.9 million for the nine month period
ended June 30, 2010 from $2.4 million a year earlier. The average balance of
such securities decreased $677,000, or 1.0%, to $66.4 million from $67.1 million
and the average yield on investment securities fell 95 basis point to 3.84% from
4.79%. The decreased yield on investment securities resulted from the lower
interest rate environment during the nine months ended June 30, 2010 compared
with the prior year period.
Interest Expense.
Interest expense decreased $2.3 million, or 24.1%, to $7.2 million for
the nine months ended June 30, 2010 from $9.4 million for the nine months ended
June 30, 2009. The decrease in interest expense was primarily due to a 65 basis
point decrease in the average cost of such liabilities to 2.04% from 2.69%,
partially offset by an increase in the average balance of interest-bearing
liabilities of $3.2 million, or 0.7%, to $470.9 million.
The
average balance of interest bearing deposits increased $21.3 million to $401.4
million for the nine months ended June 30, 2010 from $380.1 million for the same
period last year while the average cost of such deposits decreased 81 basis
points to 1.69% from 2.50%. This resulted in a $2.0 million decrease in interest
paid on deposits to $5.1 million for the nine months ended June 30, 2010 from
$7.1 million for the nine months ended June 30, 2009.
Interest
on advances and securities sold under agreements to repurchase decreased
$233,000 to $2.1 million for the nine months ended June 30, 2010 compared to the
prior year period. The decrease in interest expense was due to a decrease in
average balance to $69.5 million from $87.6 million partially offset by a 49
basis point increase in the average cost of advances and securities sold under
agreements to repurchase to 4.02% for the nine months ended June 30, 2010 from
3.53% for the prior year period. The increase in cost of advances was due to the
repayment of the Company’s overnight line of credit, which bore a substantially
lower rate than the term advances remaining.
30
Provision for
Loan Losses. The provision for loan losses was $1.6 million for the nine
months ended June 30, 2010 compared to a $7.6 million provision for the
comparable period in the prior year. The decrease in the provision for loan loss
was due primarily to the stabilization of non-performing loan levels and lower
levels of loan charge-offs during the current nine month period.
Non-performing
loans decreased $1.0 million to $32.2 million at June 30, 2010 from $33.2
million at June 30, 2009. Non-accrual loans decreased $8.7 million to $24.8
million at June 30, 2010. Net charge-offs were $2.3 million for the nine months
ended June 30, 2010 compared to $4.5 million for the nine months ended June 30,
2009.
The loan
charge-offs during the nine months ended June 30, 2010 resulted primarily from
additional write-downs of loans previously deemed impaired. Ten non-performing
construction loans totaling $11.1 million were further written down by $1.8
million during the nine months based on updated appraisals of the collateral
securing the loans, reflecting continued depreciation from one year earlier. Of
these ten loans, four totaling $7.1 million at September 30, 2009 were
transferred to other real estate owned during the nine months ended June 30,
2010. In addition, two commercial real estate loans totaling $2.2 million were
written down $388,000, and two non-performing residential mortgage loans
totaling $360,000 were written down $61,000 during the nine months ended June
30, 2010 based upon updated appraisals of the collateral securing the loans,
reflecting continued depreciation from one year earlier. Two commercial business
loan totaling $57,000 were also charged off during the nine months ended June
30, 2010.
Other Income.
Non-interest income decreased $430,000, or 18.6%, to $1.9 million for the
nine months ended June 30, 2010 compared to $2.3 million for the nine months
ended June 30, 2009. The decrease was attributable to lower gains on the sales
of available-for-sale investment securities, which decreased $749,000 to
$455,000 for the nine months ended June 30, 2010 from $1.2 million for the nine
months ended June 30, 2009. The lower gains on sales of investment securities
were partially offset by higher gains on the sales of loans, which increased
$65,000, gains on the sales of other real estate owned totaling $158,000 and
higher service charge income, which increased $66,000.
Other Expenses.
Non-interest expenses increased $938,000, or 8.4%, to $12.2 million for
the nine months ended June 30, 2010 from $11.2 million for the nine months ended
June 30, 2009.
Compensation and benefit expenses
increased $379,000 during the nine months ended June 30, 2010 primarily due to
the resignation of the Company’s President and CEO in December 2009, which
resulted in a one-time charge of $852,000. This one-time charge was partially
offset by reductions in compensation and benefit expenses from targeted expense
reductions that included staff and benefit reductions in calendar year
2009.
Also contributing to the increase in
non-interest expenses were higher professional service expenses and FDIC deposit
insurance premiums. Professional service expenses increased $322,000, or 60.5%,
to $854,000 for the nine months ended June 30, 2010 from $532,000 for the nine
months ended June 30, 2009 due to higher legal and consulting expenses related
to non-performing assets. The FDIC has substantially increased its assessment
rate for all insured banks in an effort to increase its reserve ratio, which
resulted in an increased expense of $100,000, or 12.2%, to $917,000 for the nine
months ended June 30, 2010, from $817,000 for the nine months ended June 30,
2009.
Income Tax
Expense (Benefit). The Company recorded a tax benefit of $3.8 million for
the nine months ended June 30, 2010, compared to a tax expense of $54,000 for
the nine months ended June 30, 2009. The current period benefit resulted
primarily from a partial reduction in the valuation allowance previously
recorded against its deferred tax asset. The reduction in the valuation
allowance was based on the anticipated utilization of the Company’s net
operating losses within the allowable Federal and State carryover
periods.
31
Where
applicable, deferred tax assets are reduced by a valuation allowance for any
portions determined not likely to be realized. The valuation allowance is
assessed by management on a quarterly basis and adjusted, by a charge or credit
to income tax expense, as changes in facts and circumstances warrant. In
assessing whether it is more likely than not that some portion or all of the
deferred tax assets will not be realized, management considers projections of
future taxable income, the projected periods in which current temporary
differences will be deductible, the availability of carry forwards, and existing
tax laws and regulations. Due to ongoing taxable losses through the year ended
September 30, 2009, the Company’s net deferred tax assets were fully offset by a
valuation allowance of $4,339,000 at September 30, 2009. Based upon an
assessment of current and projected future operations, management determined
that a portion of the deferred tax valuation allowance was no longer necessary
and the balance was reduced to $837,000 at June 30, 2010.
LIQUIDITY
AND CAPITAL RESOURCES
Liquidity
The
Company’s liquidity is a measure of its ability to fund loans, pay withdrawals
of deposits, and other cash outflows in an efficient, cost-effective
manner. The Company’s short-term sources of liquidity include maturity,
repayment and sales of assets, excess cash and cash equivalents, new deposits,
other borrowings, and new advances from the Federal Home Loan Bank. There has
been no material adverse change during the nine month period ended June 30, 2010
in the ability of the Company and its subsidiaries to fund their
operations.
At June
30, 2010, the Company had commitments outstanding under letters of credit of
$2.0 million, commitments to originate loans of $4.2 million, and commitments to
fund undisbursed balances of closed loans and unused lines of credit of $35.9
million. There has been no material change during the nine months ended
June 30, 2010 in any of the Company’s other contractual obligations or
commitments to make future payments.
Capital
Requirements
On April
22, 2010, Magyar Bank entered into agreements with the Federal Deposit Insurance
Corporation ("FDIC"), its principal federal banking regulator, and the New
Jersey Department of Banking and Insurance (the "Department"), which require the
Bank to take certain measures to improve its safety and soundness. In connection
with these agreements, the Bank stipulated to the issuance by the FDIC and the
Department of consent orders against the Bank (the "Consent Orders") relating to
certain findings from a recent examination of the Bank. The Consent Orders were
filed with the Securities and Exchange Commission on Form 8-K as Exhibits 10.1
and 10.2 on April 23, 2010.
Among the
corrective actions required were for the Bank to develop, within 30 days of the
April 22, 2010 effective date of the Consent Orders, a written capital plan that
details the manner in which the Bank will achieve a Tier 1 capital as a
percentage of the Bank's total assets of at least 8%, and total qualifying
capital as a percentage of risk-weighted assets of at least 12%. The Bank
developed and filed a capital plan on a timely basis with the FDIC and the
Department and the plan remains under review by those regulatory
authorities.
At June
30, 2010, the Bank’s Tier 1 capital as a percentage of the Bank's total assets
was 7.57%, and total qualifying capital as a percentage of risk-weighted assets
was 12.02%.
32
Item 3- Quantitative and Qualitative Disclosures about Market
Risk
Not applicable to smaller reporting companies.
Item 4T – Controls and Procedures
Under the supervision and with the
participation of our management, including our Chief Executive Officer and Chief
Financial Officer, we evaluated the effectiveness of the design and operation of
our disclosure controls and procedures (as defined in Rule 13a-15(e) under the
Securities Exchange Act of 1934) as of the end of the period covered by this
report. Based upon that evaluation, the Chief Executive Officer and Chief
Financial Officer concluded that, as of the end of the period covered by this
report, our disclosure controls and procedures were effective to ensure that
information required to be disclosed in the reports that Magyar Bancorp, Inc.
files or submits under the Securities Exchange Act of 1934, is recorded,
processed, summarized and reported, within the time periods specified in the
SEC's rules and forms.
There has been no change in Magyar
Bancorp, Inc.'s internal control over financial reporting during Magyar Bancorp,
Inc.'s three months ended June 30, 2010 that has materially affected, or is
reasonably likely to materially affect, Magyar Bancorp, Inc.'s internal control
over financial reporting.
PART II -
OTHER INFORMATION
Item 1. Legal
proceedings
There is
no material pending legal proceedings to which the Company or its subsidiaries
is a party other than ordinary routine litigation incidental to their respective
businesses.
Item 1A. Risk
Factors
Not
applicable to smaller reporting companies.
Item 2. Unregistered Sales of Equity
Securities and Use of Proceeds
|
a.)
|
Not
applicable.
|
|
b.)
|
Not
applicable.
|
|
c.)
|
The
Company did not repurchase any shares during the nine months ended June
30, 2010.
|
Item 3. Defaults Upon Senior
Securities
None
Item 4. Submission of Matters to a
Vote of Security Holders
None
Item 5. Other
Information
|
a.)
|
Not
applicable.
|
33
|
b.)
|
There
were no material changes to the procedures by which security holders may
recommend nominees to the Company’s Board of Directors during the period
covered by the Form 10-Q.
|
Exhibits
31.1
|
Certification
of Chief Executive Officer Pursuant to Rule
13a-14(a)
|
|
31.2
|
Certification
of Chief Financial Officer Pursuant to Rule
13a-14(a)
|
|
32.1
|
Certification
of Chief Executive Officer Pursuant to 18 U.S.C. Section 1350, as Adopted
Pursuant to Section 906 of the Sarbanes-Oxley Act of
2002.
|
|
32.2
|
Certification
of Chief Financial Officer Pursuant to 18 U.S.C. Section 1350, as Adopted
Pursuant to Section 906 of the Sarbanes-Oxley Act of
2002.
|
34
Signatures
Pursuant
to the requirements of the Securities Exchange Act of 1934, the registrant has
duly caused this report to be signed on its behalf by the undersigned thereunto
duly authorized.
MAGYAR
BANCORP, INC.
|
|
(Registrant)
|
|
Date:
August 16, 2010
|
/s/
John S. Fitzgerald
|
John
S. Fitzgerald
|
|
President
and Chief Executive Officer
|
|
Date:
August 16, 2010
|
/s/
Jon R. Ansari
|
Jon
R. Ansari
|
|
Senior
Vice President and Chief Financial
Officer
|
35