SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

FORM 8-K/A

CURRENT REPORT
Pursuant to Section 13 or 15(d)
of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): March 15, 2007

NEW YORK MORTGAGE TRUST, INC.
(Exact name of registrant as specified in its charter)
 
Maryland
001-32216
47-0934168
(State or other jurisdiction of incorporation)
(Commission File Number)
(IRS Employer Identification No.)

1301 Avenue of the Americas
New York, New York 10019
(Address and zip code of
principal executive offices)

Registrant’s telephone number, including area code: (212) 634-9400

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:

o
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
 
 
 

 

Item 2.02.
Results of Operations and Financial Condition.

This Current Report on Form 8-K/A and the exhibit attached hereto are being furnished by New York Mortgage Trust, Inc. (the “Company”) pursuant to Item 7.01 of Form 8-K in satisfaction of the public disclosure requirements of Regulation FD and Item 2.02 of Form 8-K, insofar as they disclose historical information regarding the Company’s results of operations or financial condition for the three months and year ended December 31, 2006.

On April 3, 2007, the Company issued a press release that corrected certain previously disclosed results for the fourth quarter and year ended December 31, 2006 contained in its press release issued March 15, 2007, which results differed from those disclosed in its Annual Report on Form 10-K, as filed with the Securities and Exchange Commission on April 2, 2007. Due to an increase in loan loss reserves associated with loans originated in 2006 and repurchased in February and March 2007, the Company’s actual net loss for the fourth quarter and year ended December 31, 2006 increased by $782,000 to approximately $9.6 million and $15.0 million, respectively. The remainder of the information set forth in the March 15, 2007 press release remains unchanged. A copy of the April 3, 2007 press release is furnished herewith as Exhibit 99.1 to this report on Form 8-K/A and is incorporated herein by reference.

In accordance with General Instructions B.2 and B.6 of Form 8-K, the information included in this Current Report on Form 8-K/A (including Exhibit 99.1 hereto), shall not be deemed “filed” for the purposes of Section 18 of the Securities Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference into any filing made by the Company under the Exchange Act or Securities Act of 1933, as amended, except as shall be expressly set forth by specific reference in such a filing.

Item 7.01.
Regulation FD Disclosure.

The disclosure contained in Item 2.02 is incorporated herein by reference.

Item 9.01.
Financial Statements and Exhibits.

(c)
Exhibits. The following exhibit is being furnished herewith this Current Report on Form 8-K.

99.1
Press Release dated April 3, 2007.

 
 

 

SIGNATURE

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.
 
     
 
NEW YORK MORTGAGE TRUST, INC.
(Registrant)
 
 
 
 
 
 
Date: April 3, 2007 By:   /s/ Steven R. Mumma
 
Name: Steven R. Mumma
 
Title: President, Co-Chief Executive Officer
and Chief Financial Officer
 
 
 

 

EXHIBIT INDEX

Exhibit
Description

99.1
Press Release dated April 3, 2007.