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SEC Comment Letter for FLAGSTAR BANK, NATIONAL ASSOCIATION (FLG, FLG-PA, FLG-PU) (CIK 0000910073) (FLG) — Nov 7, 2011

FLAGSTAR BANK, NATIONAL ASSOCIATION (FLG, FLG-PA, FLG-PU) (CIK 0000910073)
Date: Nov. 7, 2011 · CIK: 0000910073 · Accession: 0000000000-11-064707

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File numbers found in text: 001-31565

Date
November 7, 2011
Author
/s/ Angela Connell
Form
UPLOAD
Company
FLAGSTAR BANK, NATIONAL ASSOCIATION (FLG, FLG-PA, FLG-PU) (CIK 0000910073)

Letter

November 7, 2011 Via E-mail Thomas R. Cangemi Senior Executive Vice President and Chief Financial Officer New York Community Bancorp, Inc. 615 Merrick Avenue Westbury, New York 11590 Re: New York Community Bancorp, Inc. Form 10-K for the Fiscal Year Ended December 31, 2010 Filed March 1, 2011 Form 10-Q for the Quarter Ended March 31, 2011 Filed May 10, 2011 Form 10-Q for the Quarter Ended June 30, 2011 Filed August 9, 2011 File No. 001-31565

Dear Mr. Cangemi: We have reviewed your response dated August 31, 2011 and have the following comments. In some of our comments, we may ask you to provide us with information so we may better understand your disclosure.

Please respond to this letter within te n business days by providing the requested information, including a draft of your proposed disclosures to be made in future filings, or by advising us when you will provide the requested response. If you do not believe our comments apply to your facts and circumstances or do not believe future revisions are appropriate, please tell us why in your response. After reviewing the information you provide in response to these comments, including the draft of your proposed disclosures, we may have additional comments. Form 10-K for the fiscal year ended December 31, 2010

Non-Covered Loans Held for Sale, page 58

1. We note your response to prior comment four , including your assertion that the amount or range of possible losses in excess of your amount accru ed was not material to your operations as of December 31, 2010. Please confir m that your disclosure in future filings will assert that the amount or range of po ssible losses in excess of your amount accrued

Thomas R. Cangemi New York Community Bancorp, Inc. November 7, 2011 Page 2

was not material not only to your operati ons, but also to your financial condition and statement of operations for each period presented. Liquidity, Contractual Obligations and Off-ba lance Sheet commitments and Capital Position, page 74

2. We note your response to prior comment five. Please confirm that you will include this information in your future filings. Form 10-Q for the fiscal quarter ended June 30, 2011

Asset Quality: Non-Covered Loans Held for Investment and…OREO, page 54

3. We note your response to prior comment 17. We also note disclosure of your five largest non-performing loans as of June 30, 2011 on page 59 of your Form 10-Q. Please address the following:  The outstanding loan balance for Loan #1 increased from $41,582,418 at March 31 to $43,256,821 at June 30. However, we note that the LTV for this loan decreased from 96% at March 31 to 87% at June 30. Please tell us the reason for the increase in the loan balance and how that corresponded to the decrease in the LTV.  It appears that you no longer hold the multi-fa mily real estate loan that had an outstanding balance of $33,155,000 as of March 31 (Loan #2 in your March 31, 2011 Form 10-Q disclosure). Please tell us the status of this loan as of June 30 and September 30, as applicable. Reconciliation of Stockholders’ Equity and Tangible…and the Related Matters, page 41

4. We note your response to prior comment 18 as well as your reconcil iation included here in your Form 10-Q of the non-GAAP measures “tangible stockholders’ equity”, “tangible assets”, “adjusted tangible stockholders’ equity ” and “adjusted tangible assets.” We also note your disclosure of these measures on pages 46 and 71 of your Form 10-Q; however, these measures do not appear to be labeled as non-GAAP measures. Please revise future filings to clearly label these measures as “non-GAAP” when used throughout your filing and to refer to your reconcilia tion on page 41, as appropriate.

You may contact Brittany Ebbertt, Staff Accountant at (202) 551- 3572 or me at (202) 551-3526 with any other questions. Sincerely, /s/ Angela Connell Angela Connell Staff Accountant

Show Raw Text
November 7, 2011
 Via E-mail

Thomas R. Cangemi Senior Executive Vice President
and Chief Financial Officer
New York Community Bancorp, Inc. 615 Merrick Avenue  Westbury, New York 11590
Re: New York Community Bancorp, Inc.
Form 10-K for the Fiscal Year Ended December 31, 2010 Filed March 1, 2011 Form 10-Q for the Quarter Ended March 31, 2011 Filed May 10, 2011 Form 10-Q for the Quarter Ended June 30, 2011 Filed August 9, 2011
  File No. 001-31565

Dear Mr. Cangemi:
 We have reviewed your response dated August 31, 2011 and have the following
comments.  In some of our comments, we may ask you to provide us with information so we may better understand your disclosure.

Please respond to this letter within te n business days by providing the requested
information, including a draft of your proposed disclosures to be made in future filings, or by
advising us when you will provide the requested  response.  If you do not believe our comments
apply to your facts and circumstances or do not believe future revisions are appropriate, please
tell us why in your response.
 After reviewing the information you provide in response to these comments, including
the draft of your proposed disclosures, we may have additional comments.
            Form 10-K for the fiscal year ended December 31, 2010

Non-Covered Loans Held for Sale, page 58

1. We note your response to prior comment four , including your assertion that the amount
or range of possible losses in excess of your amount accru ed was not material to your
operations as of December 31, 2010.  Please confir m that your disclosure in future filings
will assert that the amount or range of po ssible losses in excess of your amount accrued

Thomas R. Cangemi
New York Community Bancorp, Inc. November 7, 2011 Page 2

 was not material not only to your operati ons, but also to your financial condition and
statement of operations for each period presented.
 Liquidity, Contractual Obligations and Off-ba lance Sheet commitments and Capital Position,
page 74

2. We note your response to prior comment five.  Please confirm that you will include this
information in your future filings.
 Form 10-Q for the fiscal quarter ended June 30, 2011

Asset Quality: Non-Covered Loans Held  for Investment and…OREO, page 54

3. We note your response to prior comment 17.  We also note disclosure of  your five largest
non-performing loans as of June 30, 2011 on page  59 of your Form 10-Q.  Please address
the following:
 The outstanding loan balance for Loan  #1 increased from $41,582,418 at March
31 to $43,256,821 at June 30.  However, we note that the LTV for this loan
decreased from 96% at March 31 to 87% at June 30.  Please tell us the reason for
the increase in the loan balance and how that corresponded to the decrease in the
LTV.
 It appears that you no longer hold the multi-fa mily real estate loan that had an
outstanding balance of $33,155,000 as of March 31 (Loan #2 in your March 31,
2011 Form 10-Q disclosure).  Please tell us the status of this loan as of June 30
and September 30, as applicable.
 Reconciliation of Stockholders’ Equity and Tangible…and the Related Matters, page 41

4. We note your response to prior comment 18 as  well as your reconcil iation included here
in your Form 10-Q of the non-GAAP measures “tangible stockholders’ equity”, “tangible
assets”, “adjusted tangible stockholders’ equity ” and “adjusted tangible assets.”  We also
note your disclosure of these measures on pages 46 and 71 of your Form 10-Q; however,
these measures do not appear to be labeled as  non-GAAP measures.  Please revise future
filings to clearly label these measures as  “non-GAAP” when used throughout your filing
and to refer to your reconcilia tion on page 41, as appropriate.

You may contact Brittany Ebbertt, Staff Accountant at (202) 551- 3572 or me at (202)
551-3526 with any other questions.
Sincerely,
  /s/ Angela Connell
Angela Connell Staff Accountant