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UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

 

FORM 8-K

 

 

CURRENT REPORT

Pursuant to Section 13 or 15(d)

of the Securities Exchange Act of 1934

 

Date of Report (Date of earliest event reported): February 1, 2021

 

 

STERLING BANCORP, INC.

(Exact name of registrant as specified in its charter)  

 

 

Michigan   001-38290   38-3163775

(State or other jurisdiction

of incorporation)

 

(Commission

File No.)

 

(IRS Employer

Identification No.)

 

One Towne Square, Suite 1900

Southfield, Michigan 48076

(Address of principal executive offices) (Zip Code)

 

Registrant’s telephone number, including area code: (248) 355-2400 

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

Securities registered pursuant to Section 12(b) of the Act:

Title of each
class
Trading
Symbol(s)
Name of each exchange on which
registered
Common Stock SBT Nasdaq Capital Market

 

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

 

Emerging growth company x

 

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. x

 

 

 

 

 

 

Item 2.02.Results of Operations and Financial Condition.

 

On February 1, 2021, Sterling Bancorp, Inc. (the “Company”) issued a press release announcing its financial highlights for the quarter and year ended December 31, 2020. A copy of the Company’s press release is attached as Exhibit 99.1 to this Current Report on Form 8-K and is incorporated by reference into this Item 2.02.

 

The information provided in Item 2.02 of this Current Report, including Exhibit 99.1, shall not be deemed to be “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that section.

 

Item 8.01.Other Events.

 

On February 1, 2021, Sterling Bancorp, Inc. (the “Company”) issued a press release announcing that the Company reached an agreement in principle to settle the securities class action lawsuit, Oklahoma Police Pension and Retirement System v. Sterling Bancorp, Inc., et al., Case No. 5:20-cv-10490-JEL-EAS, pending in the United States District Court for the Eastern District of Michigan. The agreement in principle provides for a single cash payment in exchange for the release of all of the defendants from all alleged claims therein and remains subject to final documentation, court approval and other conditions. The full amount of the settlement will be paid by the Company’s insurance carriers under applicable insurance policies.

 

A copy of the Company’s press release is furnished as Exhibit 99.2 to this Current Report on Form 8-K.

 

FORWARD-LOOKING STATEMENTS

 

This Current Report on Form 8-K contains certain statements that are, or may be deemed to be, “forward-looking statements” within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, regarding the Company’s plans, expectations, thoughts, beliefs, estimates, goals, and outlook for the future that are intended to be covered by the protections provided under the Private Securities Litigation Reform Act of 1995. These statements generally can be identified by the use of forward-looking terminology such as “will,” “may,” “expect,” “anticipate,” “believe,” “probable,” “continue,” “project,” “could,” “would,” “should” or similar terminology, including references to assumptions. Forward-looking statements are based on management’s expectations as well as certain assumptions and estimates made by, and information available to, management at the time. Those statements are not guarantees of future results or performance and are subject to certain known and unknown risks, uncertainties, and other factors that may cause actual results to differ materially from those expressed in, or implied by, such forward-looking statements. The risks, uncertainties, and other factors detailed from time to time in our public filings, including those included in the disclosures under the headings “Cautionary Note Regarding Forward-Looking Statements” and “Risk Factors” in our Annual Report on Form 10-K filed with the SEC on October 6, 2020, subsequent periodic reports and future periodic reports, could affect future results and events, causing those results and events to differ materially from those views expressed or implied in the Company’s forward-looking statements. Should one or more of the foregoing risks materialize, or should underlying assumptions prove incorrect, actual results or outcomes may vary materially from those projected in, or implied by, such forward-looking statements. The Company disclaims any obligation to update, revise, or correct any forward-looking statements based on the occurrence of future events, the receipt of new information, or otherwise.

 

Item 9.01.Financial Statements and Exhibits.

 

(d) Exhibits

 

No.   Description
99.1   Company press release dated February 1, 2021
99.2   Company press release dated February 1, 2021
104   Cover Page Interactive Data File. The cover page XBRL tags are embedded within the inline XBRL document (contained in Exhibit 101)  

 

 

 

 

SIGNATURE

 

Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

 

  Sterling Bancorp, Inc.
   
  By: /s/ Stephen Huber  
    Stephen Huber
    Chief Financial Officer

 

Date: February 1, 2021

 

 

 

Exhibit 99.1

 

 

 

Sterling Bancorp Reports Fourth Quarter and Full Year 2020 Financial Results

 

Southfield, Michigan, February 1, 2021 — Sterling Bancorp, Inc. (NASDAQ: SBT) (“Sterling” or the Company”), the holding company of Sterling Bank and Trust, F.S.B. (the Bank”), today reported its financial results for the quarter and year ended December 31, 2020.

 

Fourth Quarter and Year-End 2020 Highlights

 

·Fourth quarter net loss of $11.7 million, or $(0.23) per diluted share; full year net loss of $13.0 million, or $(0.26) per diluted share
·Fourth quarter net interest margin of 2.51%; full year net interest margin of 2.94%
·Fourth quarter non-interest expense of $14.9 million; full year non-interest expense of $74.1 million
·Fourth quarter provision for loan losses of $27.6 million, increasing the allowance for loan losses to 2.89% of total loans held for investment; full year provision for loan losses of $54.9 million
·Total shareholders’ equity of $319.6 million
·Bank capital ratios continue to be in excess of minimum ratios required to be considered “well-capitalized” with a leverage ratio of 9.20%, a total risk-based capital ratio of 21.56% and a common equity tier one ratio of 20.27%
·The Company’s consolidated leverage ratio of 8.08%, total risk-based capital ratio of 22.58% and common equity tier one ratio of 17.68% continue to exceed minimum regulatory capital requirements
·Total deposits of $3.099 billion
·Total loans held for investment of $2.507 billion
·Total loan originations of $51.6 million for the fourth quarter of 2020
·Nonperforming loans and troubled debt restructurings were $94.7 million (or 3.78% of total loans held for investment) compared to $98.1 million (or 3.67% of total loans held for investment) at September 30, 2020
·On December 17, 2020, the Company announced the appointment of a new independent director to the Board

 

The Company reported net loss of $11.7 million, or $(0.23) per diluted share, for the quarter ended December 31, 2020, compared to net loss of $13.8 million, or $(0.28) per diluted share, for the quarter ended December 31, 2019. For the year ended December 31, 2020, net loss was $13.0 million, or $(0.26) per diluted share, as compared to net income of $29.2 million, or $0.57 per diluted share, for the year ended December 31, 2019.

 

Thomas M. O’Brien, Chairman, President, and Chief Executive Officer commented on the Company’s results, “The results being reported today reflect multiple priority initiatives undertaken in the previous six months. While the efforts to bring Sterling into regulatory compliance and consistent profitability will continue into the coming year, the challenges addressed to date represent substantial efforts and good success.”

 

As separately disclosed today, the Company has reached an agreement in principle to settle the pending class action lawsuit related to our disclosures regarding our residential lending practices that were made in connection with our initial public offering and subsequent filings and releases. The settlement agreement provides for a cash payment that will be fully covered by insurance. Mr. O'Brien said, “Importantly, we announced earlier today the pending settlement of the class action litigation with a resolution that, when ultimately finalized, will put an end to a matter that has generated costly legal fees and management distraction.”

 

 

 

 

Mr. O'Brien added, “Additionally, the Company increased the allowance for loan losses to a level that reflects management's analysis of the increased credit weakness in the legacy loan book. The level of criticized and classified loans is stubbornly high, and the increased allowance reflects the need to address these as expeditiously and prudently as possible. These are very uncertain times from the perspective of bank credit risk, and, as I have discussed previously, the thought that Sterling will escape without some cyclically high loan loss experience is most likely not reasonable. Sterling's previous focus on commercial and construction lending remains a source of concern.

 

“Furthermore, management moved approximately $19.4 million of nonperforming and other past due Advantage loans to held for sale with the intent to liquidate that exposure in the next few months. In moving these loans to held for sale, we took a write down to reflect our estimate of their fair value.”

 

Balance Sheet

 

Total Assets – Total assets of $3.914 billion as of December 31, 2020 reflected a decrease of $22.6 million, or 0.1%, from $3.937 billion at September 30, 2020 and an increase of $669.2 million, or 21%, from $3.245 billion at December 31, 2019.

 

Liquid assets, comprising cash and due from banks and investment securities, increased $137.6 million, or 12%, to $1.303 billion compared to $1.166 billion at September 30, 2020 and increased $1.073 billion, or 466%, compared to $230.4 million at December 31, 2019.

 

Total loans held for investment of $2.507 billion as of December 31, 2020 reflected a decline of $168.8 million, or 6%, from $2.676 billion at September 30, 2020 and a decline of $406.5 million, or 14%, from $2.913 billion at December 31, 2019. Loan repayments outpaced loan production for both the quarter and year ended December 31, 2020. During the fourth quarter of 2020, we reclassified nonperforming residential mortgage loans with a cost basis of $19.4 million as mortgage loans held for sale, resulting in total residential mortgage loans held for sale of $22.3 million as of December 31, 2020.

 

Total Deposits – Total deposits of $3.099 billion as of December 31, 2020 reflected an increase of $3.8 million, or 0.1%, from the prior quarter-end and an increase of $603.5 million, or 24%, from the prior year-end. Money market, savings and NOW deposits increased $53.0 million, or 4%, compared to September 30, 2020 and increased $130.2 million, or 10%, compared to December 31, 2019. Time deposits decreased $41.4 million, or 2%, compared to September 30, 2020 and increased $492.4 million, or 43%, compared to December 31, 2019. Non-interest bearing deposits decreased $7.9 million, or 12%, compared to September 30, 2020 and decreased $19.1 million, or 25%, compared to December 31, 2019. Brokered deposits included in time deposits were $42.8 million at December 31, 2020 and September 30, 2020 and were $25.0 million at December 31, 2019.

 

Capital – Total shareholders’ equity was $319.6 million as of December 31, 2020 compared to $331.1 million at September 30, 2020 and $332.6 million at December 31, 2019. The Bank exceeded all regulatory capital requirements required to be considered “well-capitalized” as of December 31, 2020, and the Company exceeded all applicable minimum regulatory capital requirements as of such date, as summarized in the following tables:

 

       Company Actual 
   Adequately   at December 31, 
   Capitalized   2020 
Total adjusted capital to risk-weighted assets   8.00%   22.58%
Tier 1 (core) capital to risk-weighted assets   6.00%   17.68%
Common Tier 1 (CET 1)   4.50%   17.68%
Tier 1 (core) capital to adjusted tangible assets   4.00%   8.08%

 

       Bank Actual at 
   Adequately   December 31, 
   Capitalized   2020 
Total adjusted capital to risk-weighted assets   10.00%   21.56%
Tier 1 (core) capital to risk-weighted assets   8.00%   20.27%
Common Tier 1 (CET 1)   6.00%   20.27%
Tier 1 (core) capital to adjusted tangible assets   5.00%   9.20%

 

Asset Quality and Provision for Loan Losses – Provision for loan losses of $27.6 million was recorded for the fourth quarter compared to $2.1 million for the prior quarter and $0.5 million for the fourth quarter of 2019. Provision for loan losses of $54.9 million was recorded for the full year of 2020 and $(0.1) million for the full year of 2019. The allowance for loan losses was $72.4 million, or 2.89% of total loans held for investment, an increase from $48.3 million, or 1.80% of total loans held for investment, and $21.7 million, or 0.75% of total loans held for investment, at September 30, 2020 and December 31, 2019, respectively.

 

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Net charge offs during the fourth quarter were $3.5 million compared to net charge offs of $0.8 million in the third quarter of 2020 and minimal net recoveries in the fourth quarter of 2019. Net charge offs during the full year of 2020 were $4.3 million compared to minimal net recoveries during the full year of 2019. Net charge offs in the fourth quarter of 2020 primarily reflect the write-downs of our recorded investment on those nonperforming residential mortgage loans reclassified as held for sale.

 

Nonperforming assets at December 31, 2020 totaled $114.3 million, or 2.92% of total assets, an increase from $98.3 million, or 2.50% of total assets, at September 30, 2020 and an increase from $28.4 million, or 0.87% of total assets, at December 31, 2019. Nonperforming assets at December 31, 2020 included $86.5 million of nonaccrual loans held for investment, $19.4 million of nonaccrual loans held for sale, and $8.4 million of troubled debt restructurings. Nonperforming assets at September 30, 2020 included $83.3 million of nonaccrual loans held for investment and $15.0 million of troubled debt restructurings. Nonperforming assets at December 31, 2019 included $14.8 million of nonaccrual loans held for investment and $13.6 million of troubled debt restructurings. Total gross loans delinquent 30 days or more increased during the fourth quarter of 2020 to $172.4 million, or 6.8% of total gross loans, from $148.0 million, or 5.5% of total gross loans, at September 30, 2020 due primarily to a $15.8 million increase in delinquent residential loans, including delinquent loans held for sale, and a $10.5 million increase in delinquent commercial real estate loans. Total gross loans delinquent 30 days or more at December 31, 2019 were $78.3 million, or 2.7% of total gross loans. The increase from prior year-end was due primarily to a $36.6 million increase in delinquent residential loans, a $38.0 million increase in delinquent matured construction loans and a $19.2 million increase in delinquent commercial real estate loans. The increase in delinquent commercial real estate loans was primarily related to properties in the lodging industry.

 

“While the level of nonperforming assets remains high, included in nonperforming assets are $35.8 million of loans that are past maturity by 90 days or more and in the process of being extended, termed out or exited. Several of these cases include previous construction loans that are now complete and in a marketing period for a few months while owners look to sell,” said O’Brien.

 

The principal balance of loans modified due to the economic effects of the pandemic and still in forbearance has continued to decline from the June 30 high and from September 30 levels. We continue to work together with our borrowers as circumstances may permit. Total loans in forbearance as of December 31, 2020 were $15.8 million, or 0.63%, of total loans held for investment.

 

   December 31,   September 30,   June 30,   March 31, 
Forbearance Composition  2020   2020   2020   2020 
Residential real estate  $10,729   $35,740   $118,793   $70,288 
Commercial real estate   5,056    18,674    7,029    - 
Total loans in forbearance  $15,785   $54,414   $125,822   $70,288 
Loans in forbearance to total loans held for investment   0.63%   2.03%   4.55%   2.47%

 

Results of Operations

 

Net Interest Income and Net Interest Margin – Net interest income during the fourth quarter of 2020 was $24.4 million compared to $25.7 million during the third quarter and $30.0 million during the fourth quarter of 2019. The net interest margin of 2.51% for quarter ended December 31, 2020 decreased from the prior quarter’s net interest margin of 2.74% and same quarter of last year of 3.74%. The declines in net interest income and net interest margin were due primarily to a shift in the balance sheet mix as average loans for the fourth quarter of 2020 reflected a decrease of $114.9 million compared to the third quarter of 2020, while the average balance of lower-yielding securities and other interest-earning liquid assets increased $241.1 million, or from 28% to 33% of average assets, over the same time period. Net interest margin was also impacted by a decrease in the average rate on interest earning assets of 37 basis points, partially offset by a decrease in the cost of average interest-bearing liabilities of 17 basis points, as compared to the prior quarter, reflecting the balance sheet mix shift and the impact of the current low interest rate environment.

 

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Net interest income during the year ended December 31, 2020 was $105.8 million compared to $121.0 million during the year ended December 31, 2019. The net interest margin of 2.94% for the year ended December 31, 2020 decreased from the prior year’s margin of 3.78%. The declines in net interest income and net interest margin were due primarily to a shift in the balance sheet mix as average loans for the year ended December 31, 2020 reflected a decrease of $204.6 million compared to the corresponding prior year-end, while the average balance of lower-yielding securities and other interest earning liquid assets increased $599.0 million, or from 7% to 23% of average assets, over the same time period. Net interest margin was also impacted by a decrease in the average rate on interest earning assets of 127 basis points, partially offset by a decrease in the cost of average interest-bearing liabilities of 51 basis points, as compared to the prior year, reflecting the balance sheet mix shift and the impact of the current low interest rate environment.

 

Non-Interest Income – Non-interest income for the fourth quarter of 2020 was $1.4 million, an increase from $1.1 million from the prior quarter and a decrease from $2.4 million for the fourth quarter of 2019. The decrease from the fourth quarter of 2019 was partly attributable to a decrease in other income from a $0.8 million final distribution payment in the fourth quarter of 2019 on an equity investment (without a readily determinable fair value) in excess of its remaining book value, a decrease of net servicing income of $0.8 million due to lower volume of loans serviced and the low interest rate environment impacting the mortgage servicing rights valuation. These decreases were partially offset by a $0.6 million increase in gain on sale of loans.

 

Non-interest income for the year ended December 31, 2020 was $4.3 million, a decrease from $11.4 million from the year ended December 31, 2019. The decrease was primarily attributable to reduced sales of portfolio loans and reduced net servicing income reflecting the termination of the Advantage Loan Program and partially offset by the final distribution payment from an equity investment in 2019 described above.

 

Non-Interest Expense – Non-interest expense of $14.9 million for the fourth quarter of 2020 reflected a decrease of $10.1 million, or 41%, compared to the third quarter of 2020 and a decrease of $32.5 million, or 69%, compared to the fourth quarter of 2019. The decrease from the third quarter of 2020 was primarily due to a $10 million recovery of the contingent loss liability established in the fourth quarter of 2019 related to previously disclosed litigation and investigations stemming from the Advantage Loan program. This $10 million recovery reflects, in part, the agreement in principle to settle the class action lawsuit. The decrease in non-interest expense also reflects reduced professional fees. These reductions were offset in part by a $2.5 million increase in the mortgage repurchase liability as repurchases of sold Advantage Loan Program loans are probable in early 2021, and higher salaries and employee benefits. The decrease from the fourth quarter of 2019 was primarily due to our establishment of a mortgage repurchase liability of $7.8 million and the contingent loss liability of $25 million discussed above in such quarter.

 

Non-interest expense of $74.1 million for the year ended December 31, 2020 reflects a decrease of $13.6 million, or 15%, compared to the $87.7 million for the year ended December 31, 2019. In the year ended December 31, 2019, the Company established a mortgage repurchase liability of $7.8 million and a contingent loss liability, both discussed above. For the year ended December 31, 2020, non-interest expense reflects the $10.0 million recovery of the contingent loss liability and the $2.5 million increase in the mortgage repurchase liability both described above. For the year ended December 31, 2020, $650 thousand of reserve was utilized on the repurchase of $69.5 million Advantage Loan Program loans. Additionally, the Company continued to incur increased professional fees, including legal and consulting expenses to assist with the previously disclosed challenges.

 

Mr. O'Brien said, “Management and the board are confronting multiple initiatives and priorities. While this is no small task, there have been some important achievements to date, and we remain committed to continue to work through the challenges ahead.”

 

Appointment of New Independent Director

 

On December 17, 2020, the Board of Directors (the “Board”) of the Company appointed Ms. Tracey Dedrick as a director, effective upon receipt of regulatory non-objection from the Office of the Comptroller of the Currency (the “OCC.”). The Board of Directors has determined that Ms. Dedrick is an independent director under applicable Company and Nasdaq standards.

 

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Ms. Dedrick is filling the newly-created vacancy on the Board due to Mr. Barry Allen’s resignation on December 11, 2020. “As disclosed recently, Barry Allen has retired from the boards after 22 years of service to Sterling. Barry has been extremely helpful to me and always supportive. In filling the vacancy created by his retirement, the boards have chosen Ms. Tracey Dedrick to join Sterling. Tracey brings very relevant experience in bank risk management and treasury practices. We welcome her enthusiastically,” O'Brien said.

 

Conference Call and Webcast

 

Management will host a conference call on Monday, February 1, 2021 at 2:00 p.m. Eastern Time to discuss the Companys unaudited financial results for the quarter and year ended December 31, 2020. The conference call number for U.S. participants is (833) 535-2201 and the conference call number for participants outside the United States is (412) 902-6744. Additionally, interested parties can listen to a live webcast of the call in the Investor Relations” section of the Companys website at www.sterlingbank.com. An archived version of the webcast will be available in the same location shortly after the live call has ended.

 

A replay of the conference call may be accessed through February 15, 2021 by dialing (877) 344-7529, using conference ID number 10151576.

 

About Sterling Bancorp, Inc.

 

Sterling Bancorp, Inc. is a unitary thrift holding company. Its wholly owned subsidiary, Sterling Bank and Trust, F.S.B., has primary branch operations in San Francisco and Los Angeles, California, New York City and Bellevue, Washington. Sterling offers loan products to the residential and commercial markets, as well as retail and business banking services. Sterling also has an operations center and a branch in Southfield, Michigan. For additional information, please visit the Companys website at http://www.sterlingbank.com.

 

Non-GAAP Financial Measures

 

Some of the financial measures included in this press release are not measures of financial performance recognized in accordance with accounting principles generally accepted in the United States (“GAAP”). These non-GAAP financial measures include “Average Tangible Common Equity,” and “Return on Average Tangible Common Equity,” each of which are common metrics in the banking industry. Our management uses these non-GAAP financial measures to assess the Company’s capital strength and business performance. These non-GAAP financial measures are supplemental and are not a substitute for any analysis based on GAAP financial measures. Not all companies use the same calculation of these measures; therefore, this presentation may not be comparable to other similarly titled measures as presented by other companies. For further information see “Return on Average Tangible Common Equity Reconciliations (non-GAAP)” below.

 

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Forward-Looking Statements

 

This press release includes forward-looking statements” within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. These statements generally can be identified by the use of forward-looking terminology such as “will,” “may,” “expect,” “anticipate,” “believe,” “probable,” “continue,” “project,” “could,” “would,” “should” or similar terminology, including references to assumptions. Forward-looking statements are based on various assumptions and analyses made by us in light of our management's experience and perception of historical trends, current conditions and expected future developments, as well as other factors we believe are appropriate under the circumstances. These statements are not guarantees of future performance and are subject to risks, uncertainties and other factors (many of which are beyond our control) that could cause actual results to differ materially from future results expressed or implied by such forward-looking statements. These factors include, without limitation, the following: the timing and occurrence or non-occurrence of events that may be subject to circumstances beyond our control; increases in competitive pressure among financial institutions or from non-financial institutions; changes in the interest rate environment; changes in deposit flows, loan demand or collateral values; changes in accounting principles, policies or guidelines; changes in general economic, business and political conditions, either nationally or locally in some or all areas in which we do business, or conditions in the real estate, securities or financial markets or the banking industry; legislative or regulatory changes; supervision and examination by the OCC and the Board of Governors of the Federal Reserve System; our ability to successfully implement technological changes; our ability to successfully consummate new business initiatives; litigation or other matters before regulatory agencies, whether currently existing or commencing in the future, including litigation and investigations relating to our residential lending practices and the Advantage Loan Program; the outcomes of such litigation and investigations, including the risk of civil or criminal enforcement action, regulatory restrictions on the Bank’s activities, financial penalties or judgments, other adverse consequences and any resulting effects on the Company’s business, financial condition and/or results of operations; losses from such litigation and investigations that may be materially higher than expected and that may materially exceed our contingency reserves; repurchase requests related to the sale of loans originated under the Advantage Loan Program may be materially higher than expected and result in repurchase obligations that may materially exceed our loan repurchase reserves; our ability to implement enhanced risk management policies, procedures and controls commensurate with shifts in our business strategies and regulatory expectations; the occurrence of natural and other disasters, pandemics, terrorist activities, significant political events, cyberattacks, security breaches or system failures that affect us or our counterparties or service providers, including the COVID-19 pandemic and the regulatory and governmental actions implemented in response to COVID-19; and the risks, uncertainties and other factors detailed from time to time in our public filings, including those included in the disclosures under the headings “Cautionary Note Regarding Forward-Looking Statements” and “Risk Factors” in our Annual Report on Form 10-K filed with the Securities and Exchange Commission on October 6, 2020, subsequent periodic reports and future periodic reports. Should one or more of the foregoing risks materialize, or should underlying assumptions prove incorrect, actual results or outcomes may vary materially from those projected in, or implied by, such forward-looking statements. Any forward-looking statements presented herein are made only as of the date of this press release, and we do not undertake any obligation to update, revise, or correct any forward-looking statements to reflect changes in assumptions, the occurrence of unanticipated events, the receipt of new information or otherwise.

 

Investor Contact:

Sterling Bancorp, Inc.

Stephen Huber

Chief Financial Officer

(248) 351-3428

shuber@sterlingbank.com

 

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Sterling Bancorp, Inc.

Consolidated Financial Highlights (Unaudited)

 

   At and for the Three Months Ended   At and for the Year Ended 
(dollars in thousands, except per share data)  December 31,
2020
   September 30,
2020
   December 31,
2019
   December 31,
2020
   December 31,
2019
 
Net income (loss)  $(11,693)  $(111)  $(13,753)  $(12,967)  $29,248 
Income (loss) per share, diluted  $(0.23)  $(0.00)  $(0.28)  $(0.26)  $0.57 
Net interest income  $24,370   $25,705   $29,959   $105,765   $120,984 
Net interest margin   2.51%   2.74%   3.74%   2.94%   3.78%
Non-interest income  $1,373   $1,111   $2,386   $4,336   $11,447 
Non-interest expense  $14,856   $24,974   $47,400   $74,112   $87,673 
Loans, net of allowance for loan losses  $2,434,356   $2,627,324   $2,891,530   $2,434,356   $2,891,530 
Total deposits  $3,098,966   $3,095,170   $2,495,440   $3,098,966   $2,495,440 
Nonperforming loans  $86,470   $83,162   $14,782   $86,470   $14,782 
Allowance for loan losses to total loans   2.89%   1.80%   0.75%   2.89%   0.75%
Allowance for loan losses to nonperforming loans   84%   58%   147%   84%   147%
Provision (recovery) for loan losses  $27,592   $2,123   $450   $54,865   $(133)
Net charge offs (recoveries)  $3,463   $796   $(76)  $4,208   $(13)
Return on average assets   (1.19)%   (0.01)%   (1.67)%   (0.35)%   0.89%
Return on average shareholders' equity   (13.92)%   (0.13)%   (15.39)%   (3.85)%   8.41%
Efficiency ratio   57.71%   93.12%   146.55%   67.31%   66.20%
Capital Ratios                         
Regulatory and Other Capital Ratios—Consolidated:                         
    Total adjusted capital to risk-weighted assets   22.58%   22.17%   21.49%   22.58%   21.49%
    Tier 1 (core) capital to risk-weighted assets   17.68%   17.46%   17.04%   17.68%   17.04%
    Common Tier 1 (CET 1)   17.68%   17.46%   17.04%   17.68%   17.04%
    Tier 1 (core) capital to adjusted tangible assets   8.08%   8.64%   10.11%   8.08%   10.11%
                          
Regulatory and Other Capital Ratios—Bank:                         
    Total adjusted capital to risk-weighted assets   21.56%   21.30%   17.82%   21.56%   17.82%
    Tier 1 (core) capital to risk-weighted assets   20.27%   20.03%   16.70%   20.27%   16.70%
    Common Tier 1 (CET 1)   20.27%   20.03%   16.70%   20.27%   16.70%
    Tier 1 (core) capital to adjusted tangible assets   9.20%   9.90%   9.90%   9.20%   9.90%

 

7

 

Sterling Bancorp, Inc.

Condensed Consolidated Balance Sheets (Unaudited)

 

(dollars in thousands)  December 31,
2020
   September 30,
2020
   %
change
   December 31,
2019
   %
change
 
Assets                         
Cash and due from banks  $998,497   $917,996    9%  $77,819    N/M 
Interest-bearing time deposits with other banks   7,021    7,988    (12)%   1,025    585%
Investment securities   304,958    247,884    23%   152,544    100%
Mortgage loans held for sale   22,284    3,643    512%   1,337    N/M 
Loans, net of allowance for loan losses of $72,387, $48,258 and $21,730   2,434,356    2,627,324    (7)%   2,891,530    (16)%
Accrued interest receivable   10,990    12,385    (11)%   13,718    (20)%
Mortgage servicing rights, net   5,688    6,423    (11)%   9,765    (42)%
Leasehold improvements and equipment, net   8,512    8,493    0%   9,198    (7)%
Operating lease right-of-use assets   19,232    19,253    0%   18,715    3%
Federal Home Loan Bank stock, at cost   22,950    22,950    0%   22,950    0%
Cash surrender value of bank-owned life insurance   32,495    32,355    0%   31,917    2%
Deferred tax asset, net   24,326    20,589    18%   12,095    101%
Other assets   22,736    9,322    144%   2,271    901%
   Total assets  $3,914,045   $3,936,605    (1)%  $3,244,884    21%
                          
Liabilities                         
Noninterest-bearing deposits  $58,458   $66,316    (12)%  $77,563    (25)%
Interest-bearing deposits   3,040,508    3,028,854    0%   2,417,877    26%
   Total deposits   3,098,966    3,095,170    0%   2,495,440    24%
Federal Home Loan Bank borrowings   318,000    318,000    0%   229,000    39%
Subordinated notes, net   65,341    65,300    0%   65,179    0%
Operating lease liabilities   20,497    20,514    0%   19,868    3%
Accrued expenses and other liabilities   91,650    106,477    (14)%   102,783    (11)%
   Total liabilities   3,594,454    3,605,461    0%   2,912,270    23%
                          
Shareholders’ Equity                         
Preferred stock, authorized 10,000,000 shares; no shares issued and outstanding   -    -         -    - 
Common stock, no par value, authorized 500,000,000 shares; issued and outstanding 49,981,861 shares at December 31, 2020, 49,977,209 shares at September 30, 2020 and 49,944,473 shares at  December 31, 2019   80,807    80,807    0%   80,889    0%
Additional paid-in capital   13,544    13,386    1%   13,210    3%
Retained earnings   224,853    236,546    (5)%   238,319    (6)%
Accumulated other comprehensive income   387    405    (4)%   196    97%
   Total shareholders’ equity   319,591    331,144    (3)%   332,614    (4)%
   Total liabilities and shareholders’ equity  $3,914,045   $3,936,605    (1)%  $3,244,884    21%

 

N/M- not meaningful 

 

8

 

Sterling Bancorp, Inc.

Condensed Consolidated Statements of Income (Unaudited)

 

   Three Months Ended  Year Ended 
   December 31,  September 30,  %  December 31,  %  December 31,  December 31,  % 
(dollars in thousands, except per share amounts)  2020  2020  change  2019  change  2020  2019  change 
Interest income:                                 
    Interest and fees on loans  $33,758  $35,918   (6)% $41,581   (19)% $146,702  $168,955   (13)%
    Interest and dividends on investment securities and restricted stock   646   901   (28)%  1,225   (47)%  3,618   4,976   (27)%
    Other interest   257   211   22%  378   (32)%  1,043   1,438   (27)%
      Total interest income   34,661   37,030   (6)%  43,184   (20)%  151,363   175,369   (14)%
Interest expense:                                 
   Interest on deposits   8,254   9,288   (11)%  11,264   (27)%  37,482   45,693   (18)%
   Interest on Federal Home Loan Bank borrowings   857   859   0%  784   9%  3,403   3,991   (15)%
   Interest on subordinated notes   1,180   1,178   0%  1,177   0%  4,713   4,701   0%
      Total interest expense   10,291   11,325   (9)%  13,225   (22)%  45,598   54,385   (16)%
Net interest income   24,370   25,705   (5)%  29,959   (19)%  105,765   120,984   (13)%
Provision (recovery) for loan losses   27,592   2,123   N/M  450   N/M   54,865   (133)  N/M 
Net interest income after provision for loan losses   (3,222)  23,582   (114)%  29,509   (111)%  50,900   121,117   (58)%
Non-interest income:                                 
   Service charges and fees   153   61   151%  117   31%  426   444   (4)%
   Investment management and advisory fees   246   310   (21)%  335   (27)%  1,124   1,577   (29)%
   Gain on sale of loans   593   437   36%  7   N/M   2,050   6,366   (68)%
   Net servicing income (loss)   (85)  (121)  30%  675   (113)%  (1,324)  238   (656)%
   Other income   466   424   10%  1,252   (63)%  2,060   2,822   (27)%
       Total non-interest income   1,373   1,111   24%  2,386   (42)%  4,336   11,447   (62)%
Non-interest expense:                                 
   Salaries and employee benefits   9,049   7,517   20%  7,310   24%  30,655   29,503   4%
   Occupancy and equipment   2,243   2,219   1%  2,455   (9)%  8,788   8,988   (2)%
   Professional fees   8,859   12,207   (27)%  2,529   250%  32,646   5,984   446%
   Advertising and marketing   115   71   62%  250   (54)%  529   1,364   (61)%
   FDIC assessments   553   956   (42)%  (4)  N/M   1,768   436   306%
   Data processing   380   392   (3)%  351   8%  1,458   1,233   18%
   Provision for mortgage repurchase liability   2,502   -   100%  7,823   (68)%  2,527   7,823   (68)%
   Provision (recovery) for contingent losses   (10,000)  -   (100)%  25,000   (140)%  (10,000)  25,000   (140)%
   Other   1,155   1,612   (28)%  1,686   (31)%  5,741   7,342   (22)%
      Total non-interest expense   14,856   24,974   (41)%  47,400   (69)%  74,112   87,673   (15)%
Income (loss) before income taxes   (16,705)  (281)  N/M   (15,505)  (8)%  (18,876)  44,891   (142)%
Income tax expense (benefit)   (5,012)  (170)  N/M   (1,752)  (186)%  (5,909)  15,643   (138)%
Net income (loss)  $(11,693) $(111)  N/M  $(13,753)  15% $(12,967) $29,248   (144)%
Income per share:                                 
   Basic  $(0.23) $(0.00)     $(0.28)     $(0.26) $0.57     
   Diluted  $(0.23) $(0.00)     $(0.28)     $(0.26) $0.57     
Weighted average common shares outstanding:                                 
   Basic   49,843,925   49,843,925       50,006,001       49,840,882   51,115,986     
   Diluted   49,843,925   49,843,925       50,006,001       49,840,882   51,127,879     

 

N/M- not meaningful 

 

9

 

 

Sterling Bancorp, Inc.

Selected Financial Data (Unaudited)

 

   Three Months Ended   Year Ended 
Performance Ratios:  December 31,
2020
   September 30,
2020
   December 31,
2019
   December 31,
2020
   December 31,
2019
 
Return on average assets   (1.19)%   (0.01)%   (1.67)%   (0.35)%   0.89%
Return on average shareholders' equity   (13.92)%   (0.13)%   (15.39)%   (3.85)%   8.41%
Return on average tangible common equity (2)   (13.92)%   (0.13)%   (15.40)%   (3.85)%   8.41%
Yield on earning assets   3.57%   3.94%   5.39%   4.21%   5.48%
Cost of average interest-bearing liabilities   1.19%   1.36%   1.90%   1.45%   1.96%
Net interest spread   2.38%   2.58%   3.49%   2.76%   3.52%
Net interest margin   2.51%   2.74%   3.74%   2.94%   3.78%
Efficiency ratio (1)   57.71%   93.12%   146.55%   67.31%   66.20%

 

 

(1)Efficiency Ratio is computed as the ratio of non-interest expense divided by the sum of net interest income and non-interest income.
(2)Non-GAAP

 

 

 

Sterling Bancorp, Inc.

Yield Analysis and Net Interest Income (Unaudited)

 

   Three Months Ended 
   December 31, 2020   September 30, 2020   December 31, 2019 
(dollars in thousands)  Average Balance   Interest   Average
Yield/
Rate
   Average Balance   Interest   Average
Yield/
Rate
   Average Balance   Interest   Average
Yield/
Rate
 
Interest earning assets                                             
Loans (1)  $2,608,437   $33,758    5.18%  $2,723,381   $35,918    5.28%  $2,938,052   $41,581    5.66%
Securities, includes restricted stock   324,978    646    0.80%   276,643    901    1.30%   189,336    1,225    2.59%
Other interest earning assets   950,405    257    0.11%   757,657    211    0.11%   79,310    378    1.91%
Total interest earning assets  $3,883,820   $34,661    3.57%  $3,757,681   $37,030    3.94%  $3,206,698   $43,184    5.39%
Interest-bearing liabilities                                             
Money Market, Savings and NOW  $1,371,194   $1,554    0.45%  $1,282,452   $2,315    0.72%  $1,271,702   $3,682    1.15%
Time deposits   1,680,865    6,700    1.58%   1,642,492    6,973    1.68%   1,190,740    7,582    2.53%
Total interest-bearing deposits   3,052,059    8,254    1.07%   2,924,944    9,288    1.26%   2,462,442    11,264    1.81%
FHLB borrowings   318,000    857    1.05%   318,783    859    1.05%   230,492    784    1.33%
Subordinated debt   65,316    1,180    7.23%   65,273    1,178    7.22%   65,157    1,177    7.23%
Total borrowings   383,316    2,037    2.08%   384,056    2,037    2.08%   295,649    1,961    2.60%
Total interest-bearing liabilities  $3,435,375    10,291    1.19%  $3,309,000    11,325    1.36%  $2,758,091    13,225    1.90%
Net interest income and spread (2)       $24,370    2.38%       $25,705    2.58%       $29,959    3.49%
Net interest margin (2)             2.51%             2.74%             3.74%

 

 

(1)Nonaccrual loans are included in the respective average loan balances. Income, if any, on such loans is recognized on a cash basis.
(2)Interest income does not include taxable equivalent adjustments.

 

   Year Ended 
   December 31, 2020   December 31, 2019 
(dollars in thousands)  Average Balance   Interest   Average
Yield/
Rate
   Average Balance   Interest   Average
Yield/
Rate
 
Interest earning assets                              
Loans (1)  $2,756,916   $146,702    5.32%  $2,961,472   $168,955    5.71%
Securities, includes restricted stock   251,003    3,618    1.44%   178,032    4,976    2.80%
Other interest earning assets   585,484    1,043    0.18%   59,462    1,438    2.42%
Total interest earning assets  $3,593,403   $151,363    4.21%  $3,198,966   $175,369    5.48%
Interest-bearing liabilities                              
Money Market, Savings, NOW  $1,281,880   $9,435    0.74%  $1,350,013   $18,479    1.37%
Time deposits   1,491,151    28,047    1.88%   1,094,911    27,214    2.49%
Total interest-bearing deposits   2,773,031    37,482    1.35%   2,444,924    45,693    1.87%
FHLB borrowings   308,368    3,403    1.10%   262,939    3,991    1.52%
Subordinated debt   65,255    4,713    7.22%   65,099    4,701    7.22%
Total borrowings   373,623    8,116    2.17%   328,038    8,692    2.65%
Total interest-bearing liabilities  $3,146,654    45,598    1.45%  $2,772,962    54,385    1.96%
Net interest income and spread (2)       $105,765    2.76%       $120,984    3.52%
Net interest margin (2)             2.94%             3.78%

 

 

(1)Nonaccrual loans are included in the respective average loan balances. Income, if any, on such loans is recognized on a cash basis.
(2)Interest income does not include taxable equivalent adjustments.

 

 

 

Sterling Bancorp, Inc.

Loan Composition (Unaudited)                    

 

(dollars in thousands)  December 31,
2020
   September 30,
2020
   %
change
   December 31,
2019
   %
change
 
Residential real estate  $2,033,526   $2,183,546    (7)%  $2,476,866    (18)%
Commercial real estate   259,958    262,116    (1)%   240,081    8%
Construction   206,581    211,460    (2)%   178,376    16%
Commercial lines of credit   6,671    18,452    (64)%   17,903    (63)%
Other consumer   7    8    (13)%   34    (79)%
Total loans held for investment   2,506,743    2,675,582    (6)%   2,913,260    (14)%
Less:  allowance for loan losses   (72,387)   (48,258)   50%   (21,730)   233%
Loans, net  $2,454,767   $2,627,324    (7)%  $2,891,530    (15)%
                          
Mortgage loans held for sale  $22,284   $3,643    512%  $1,337    N/M 
Total gross loans  $2,529,027   $2,679,225    (6)%  $2,914,597    (13)%

 

 

N/M- not meaningful                    

 

Sterling Bancorp, Inc.

Allowance for Loan Losses (Unaudited)      

 

   Three Months Ended   Year Ended 
(dollars in thousands)  December 31, 2020   September 30, 2020   December 31,
2019
   December 31, 2020   December 31, 2019 
Balance at beginning of period  $48,258   $46,931   $21,204   $21,730   $21,850 
Provision (recovery) for loan losses   27,592    2,123    450    54,865    (133)
Charge offs   (3,486)   (815)   -    (4,301)   (176)
Recoveries   23    19    76    93    189 
Balance at end of period  $72,387   $48,258   $21,730   $72,387   $21,730 

 

Sterling Bancorp, Inc.

Deposit Composition (Unaudited)

 

(dollars in thousands)  December 31, 2020   September 30, 2020   %
change
   December 31,
2019
   %
change
 
Noninterest bearing demand deposits  $58,458   $66,316    (12)%  $77,563    (25)%
Money Market, Savings and NOW   1,393,985    1,340,971    4%   1,263,801    10%
Time deposits   1,646,523    1,687,883    (2)%   1,154,076    43%
Total deposits  $3,098,966   $3,095,170    0%  $2,495,440    24%

 

 

 

Sterling Bancorp, Inc.

Credit Quality Ratios (Unaudited)            

 

   At and for the Three Months Ended 
(dollars in thousands)  December 31, 2020   September 30, 2020   December 31,
2019
 
Credit Quality Data               
Nonperforming loans (1)  $86,470   $83,162   $14,782 
Nonperforming loans to total loans   3.45%   3.11%   0.51%
Troubled debt restructurings (2)   8,246    14,983    13,570 
Nonaccrual loans held for sale   19,375    -    - 
Nonperforming assets (3)   114,258    98,312    28,352 
Nonperforming assets to total assets   2.92%   2.50%   0.87%
Allowance for loan losses to total loans   2.89%   1.80%   0.75%
Allowance for loan losses to nonperforming loans   84%   58%   147%
Net charge offs to average loans   0.13%   0.03%   0.00%

 

 

(1)Nonperforming loans include nonaccrual loans and loans past due 90 days or more and still accruing interest.
(2)Troubled debt restructurings exclude those loans presented as nonaccrual or past due 90 days or more and still accruing interest.
(3)Nonperforming assets include nonperforming loans, nonaccrual loans held for sale, loans modified under troubled debt restructurings and other repossessed assets.

 

Return on Average Tangible Common Equity Reconciliations (non-GAAP)

 

Average tangible common equity and return on average tangible common equity are non-GAAP disclosures. Sterling’s management uses these non-GAAP financial measures to assess the Company’s capital strength and business performance. Average tangible common equity excludes the effect of intangible assets. This non-GAAP financial measure should not be considered a substitute for those comparable measures that are similarly titled that are determined in accordance with U.S. GAAP that may be used by other companies. The following is a reconciliation of average tangible common equity to the average shareholders’ equity, its most comparable GAAP measure, as well as a calculation of return on average tangible common equity as of December 31, 2020 and 2019, and September 30, 2020.

 

Sterling Bancorp, Inc.

GAAP to Non-GAAP Reconciliations                    

 

   At and for the Three Months Ended   At and for the Year Ended 
(dollars in thousands)  December 31,
2020
   September 30,
2020
   December 31,
2019
   December 31,
2020
   December 31,
2019
 
Net Income (loss)  $(11,693)  $(111)  $(13,753)  $(12,967)  $29,248 
Average shareholders' equity   336,120    336,116    357,370    336,978    347,849 
Adjustment                         
Customer-related intangible   -    -    (75)   -    (243)
Average tangible common equity  $336,120   $336,116   $357,295   $336,978   $347,606 
Return on average tangible common equity   (13.92)%*   (0.13)%*   (15.40)%*   (3.85)%   8.41%

 

 

*Annualized                    

 

 

 

Exhibit 99.2

 

 

Sterling Bancorp, Inc. Settles Securities Class Action Lawsuit

 

February 1, 2021

 

SOUTHFIELD, Mich. - (BUSINESS WIRE) - Sterling Bancorp, Inc. (the “Company”) (NASDAQ: SBT), the thrift holding company for Sterling Bank and Trust, FSB, Southfield, Michigan (the “Bank”), today announced that the Company reached an agreement in principle to settle the securities class action lawsuit, Oklahoma Police Pension and Retirement System v. Sterling Bancorp, Inc., et al, Case No. 5:20-cv-10490-JEL-EAS, pending in the United States District Court for the Eastern District of Michigan. This action alleged violations of the federal securities laws, primarily with respect to disclosures concerning the Bank's residential lending practices that were made in the Company’s registration statement and prospectus for its initial public offering, in subsequent press releases, in periodic and other filings with the SEC and during earnings calls. The agreement in principle provides for a single cash payment in exchange for the release of all of the defendants from all alleged claims therein and remains subject to final documentation, court approval and other conditions. The full amount of the settlement will be paid by the Company’s insurance carriers under applicable insurance policies.

 

About Sterling Bancorp, Inc.

 

Sterling Bancorp, Inc. is a unitary thrift holding company. Its wholly owned subsidiary, Sterling Bank and Trust, FSB, has primary branch operations in San Francisco and Los Angeles, California, New York City and Bellevue, Washington. Sterling offers a range of loan products to the residential and commercial markets, as well as retail and business banking services. Sterling also has an operations center and a branch in Southfield, Michigan. For additional information, please visit the Company’s website at http://www.sterlingbank.com.

 

Forward Looking Statements

 

This press release contains certain statements that are, or may be deemed to be, “forward-looking statements” within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, regarding the Company’s plans, expectations, thoughts, beliefs, estimates, goals, and outlook for the future that are intended to be covered by the protections provided under the Private Securities Litigation Reform Act of 1995. These statements generally can be identified by the use of forward-looking terminology such as “will,” “may,” “expect,” “anticipate,” “believe,” “probable,” “continue,” “project,” “could,” “would,” “should” or similar terminology, including references to assumptions. Forward-looking statements are based on management’s expectations as well as certain assumptions and estimates made by, and information available to, management at the time. Those statements are not guarantees of future results or performance and are subject to certain known and unknown risks, uncertainties, and other factors that may cause actual results to differ materially from those expressed in, or implied by, such forward-looking statements. The risks, uncertainties, and other factors detailed from time to time in our public filings, including those included in the disclosures under the headings “Cautionary Note Regarding Forward-Looking Statements” and “Risk Factors” in our Annual Report on Form 10-K filed with the SEC on October 6, 2020, subsequent periodic reports and future periodic reports, could affect future results and events, causing those results and events to differ materially from those views expressed or implied in the Company’s forward-looking statements. Should one or more of the foregoing risks materialize, or should underlying assumptions prove incorrect, actual results or outcomes may vary materially from those projected in, or implied by, such forward-looking statements. The Company disclaims any obligation to update, revise, or correct any forward-looking statements based on the occurrence of future events, the receipt of new information, or otherwise.

 

Contact:

Sterling Bancorp, Inc.

Stephen Huber

Chief Financial Officer

(248) 351-3428

shuber@sterlingbank.com