Edgar Filing: Magyar Bancorp, Inc.

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 10-K

þ ANNUAL REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

For the Fiscal Year Ended September 30, 2012

o TRANSITION REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

For the transition period from _________________ to _________________

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)

Securities Registered Pursuant to Section 12(b) of the Act:

Title of Class	Name of Each Exchange On Which Registered
Common Stock, par value $0.01 per share	The NASDAQ Stock Market, LLC

Securities Registered Pursuant to Section 12(g) of the Act:

None

(Title of Class)

Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act.

Yes o No þ

Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or 15(d) of the Exchange Act.

Yes o No þ

Indicate by check mark whether the registrant: (1) has filed all reports required to be filed by Section 13 or 15(d) of the Exchange Act during the preceding twelve 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 þ No o

Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-K is not contained herein, and will not be contained, to the best of registrant’s knowledge, in definitive proxy or information statements incorporated by reference in Part III of this Form 10-K or any amendments to this Form 10-K. þ

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

The aggregate value of the voting stock held by non-affiliates of the registrant, computed by reference to the closing price of the Common Stock as of March 31, 2012 was $13.4 million. As of December 15, 2012, there were 5,923,742 shares issued and 5,807,344 outstanding of the registrant’s Common Stock, including 3,200,450 shares owned by Magyar Bancorp, MHC, the registrant’s mutual holding company.

DOCUMENTS INCORPORATED BY REFERENCE

1. Proxy Statement for the 2012 Annual Meeting of Stockholders (Part III)

Magyar Bancorp, Inc.

Annual Report On Form 10-K

For The Fiscal Year Ended

September 30, 2012

Table Of Contents

PART I

ITEM 1.	Business	2

ITEM 1A.	Risk Factors	33

ITEM 1B.	Unresolved Staff Comments	36

ITEM 2.	Properties	36

ITEM 3.	Legal Proceedings	36

ITEM 4.	Mine Safety Disclosures	36

PART II

ITEM 5.	Market for Registrant’s Common Equity, Related Stockholder Matters and Issuer Purchases of Equity Securities	37

ITEM 6.	Selected Financial Data	38

ITEM 7.	Management’s Discussion and Analysis of Financial Condition and Results of Operations	38

ITEM 7A.	Quantitative and Qualitiative Disclosures About Market Risk	48

ITEM 8.	Financial Statements and Supplementary Data	49

ITEM 9.	Changes In and Disagreements With Accountants on Accounting and Financial Disclosure	91

ITEM 9A.	Controls and Procedures	91

ITEM 9B.	Other Information	91

PART III

ITEM 10.	Directors, Executive Officers, and Corporate Governance	92

ITEM 11.	Executive Compensation	92

ITEM 12.	Security Ownership of Certain Beneficial Owners and Management and Related Stockholder Matters	92

ITEM 13.	Certain Relationships and Related Transactions, and Director Independence	92

ITEM 14.	Principal Accountant Fees and Services	92

ITEM 15.	Exhibits and Financial Statement Schedules	93

	SIGNATURES	94

Table of Contents

PART I

ITEM 1.

Business

Forward Looking Statements

We have included or incorporated by reference in this Annual Report on Form 10-K, and from time to time our management may make, statements that may constitute “forward-looking statement” within the meaning of the safe harbour provisions of the U.S. Private Securities Litigation Reform Act of 1995. Forward-looking statements are not historical facts but instead represent only our beliefs regarding future events, many of which, by their nature, are inherently uncertain and outside our control. These statements include statements other than historical information or statements of current condition and may relate to our future plans and objectives and results, as well as statements about the objective and effectiveness of our risk management and liquidity policies, statements about trends in or growth opportunities for our business, statements about our future status, and activities or reporting under U.S. banking and financial regulation. Forward-looking statements generally are identified by the words “believe,” “project,” “expect,” “anticipate,” “estimate,” “intend,” “strategy,” “future,” “opportunity,” “plan,” “may,” “should,” “will,” “would,” “will be,” “will continue,” “will likely result,” and similar expressions. By identifying these statements for you in this manner, we are alerting you to the possibility that our actual results and financial condition may differ, possibly materially, from the anticipated results and financial condition indicated in these forward-looking statements. Important factors that could cause our actual results and financial condition to differ from those indicated in the forward-looking statements include, among others, those discussed below and under “Risk Factors” in Part 1, Item 1A of this Annual Report on Form 10-K.

Magyar Bancorp, MHC

Magyar Bancorp, MHC is the New Jersey-chartered mutual holding company of Magyar Bancorp, Inc. Magyar Bancorp, MHC’s only business is the ownership of 54.03% of the issued shares of common stock of Magyar Bancorp, Inc. So long as Magyar Bancorp, MHC exists, it will be required to own a majority of the voting stock of Magyar Bancorp, Inc. The executive office of Magyar Bancorp, MHC is located at 400 Somerset Street, New Brunswick, New Jersey 08901, and its telephone number is (732) 342-7600. Magyar Bancorp, MHC is subject to comprehensive regulation and examination by the Board of Governors of the Federal Reserve System and the New Jersey Department of Banking and Insurance.

Magyar Bancorp, Inc.

Magyar Bancorp, Inc. is the mid-tier stock holding company of Magyar Bank. Magyar Bancorp, Inc. is a Delaware-chartered corporation and owns 100% of the outstanding shares of common stock of Magyar Bank. Magyar Bancorp, Inc. has not engaged in any significant business activity other than owning all of the shares of common stock of Magyar Bank. At September 30, 2012, Magyar Bancorp, Inc. had consolidated assets of $508.8 million, total deposits of $416.5 million and stockholders’ equity of $45.0 million. The executive offices of Magyar Bancorp, Inc. are located at 400 Somerset Street, New Brunswick, New Jersey 08901, and its telephone number is (732) 342-7600. Magyar Bancorp, Inc. is subject to comprehensive regulation and examination by the Board of Governors of the Federal Reserve System and the New Jersey Department of Banking and Insurance.

On January 23, 2006, Magyar Bancorp, Inc. sold 2,618,550 shares of its common stock at a price of $10.00 per share, issued an additional 3,200,450 shares of its common stock to Magyar Bancorp, MHC, and contributed 104,742 shares to Magyar Bank Charitable Foundation.

Magyar Bank

Magyar Bank is a New Jersey-chartered savings bank headquartered in New Brunswick, New Jersey that was originally founded in 1922 as a New Jersey building and loan association. In 1954, Magyar Bank converted to a New Jersey savings and loan association, before converting to the New Jersey savings bank charter in 1993. We conduct business from our main office located at 400 Somerset Street, New Brunswick, New Jersey, and our six branch offices located in New Brunswick, North Brunswick, South Brunswick, Branchburg, Bridgewater, and North Edison, New Jersey. The telephone number at our main office is (732) 342-7600.

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General

Our principal business consists of attracting retail deposits from the general public in the areas surrounding our main office in New Brunswick, New Jersey and our branch offices located in Middlesex and Somerset Counties, New Jersey, and investing those deposits, together with funds generated from operations and wholesale funding, in residential mortgage loans, home equity loans, home equity lines of credit, commercial real estate loans, commercial business loans, Small Business Administration (“SBA”) loans, construction loans and investment securities. We also originate consumer loans, which consist primarily of secured demand loans. We originate loans primarily for our loan portfolio. However, from time to time we have sold some of our long-term fixed-rate residential mortgage loans into the secondary market, while retaining the servicing rights for such loans. Our revenues are derived principally from interest on loans and securities. Our investment securities consist primarily of mortgage-backed securities and U.S. Government and government-sponsored enterprise obligations. We also generate revenues from fees and service charges. Our primary sources of funds are deposits, borrowings and principal and interest payments on loans and securities. We are subject to comprehensive regulation and examination by the New Jersey Department of Banking and Insurance and the Federal Deposit Insurance Corporation.

Market Area

We are headquartered in New Brunswick, New Jersey, and our primary deposit market area is concentrated in the communities surrounding our headquarters branch and our branch offices located in Middlesex and Somerset Counties, New Jersey. Our primary lending market area is broader than our deposit market area and includes all of New Jersey.

The economy of our primary market area is largely urban and suburban with a broad economic base that is typical for counties surrounding the New York metropolitan area. The median household income in Middlesex and Somerset county rank among the highest in the nation.

Competition

We face intense competition within our market area both in making loans and attracting deposits. Our market area has a high concentration of financial institutions including large money center and regional banks, community banks and credit unions. Some of our competitors offer products and services that we currently do not offer, such as trust services and private banking. According to the Federal Deposit Insurance Corporation’s annual Summary of Deposit report, at June 30, 2012 our market share of deposits was 1.51% and 0.58% in Middlesex and Somerset Counties, respectively. Our market share of deposits was 1.60% and 0.48%, respectively, at June 30, 2011.

Our competition for loans and deposits comes principally from commercial banks, savings institutions, mortgage banking firms and credit unions. We face additional competition for deposits from short-term money market funds, brokerage firms, mutual funds and insurance companies. Our primary focus is to build and develop profitable customer relationships across all lines of business while maintaining our role as a community bank.

Lending Activities

We originate residential mortgage loans to purchase or refinance residential real property. Residential mortgage loans represented $157.5 million, or 40.5% of our total loans at September 30, 2012. Historically, we have not originated a significant number of loans for the purpose of reselling them in the secondary market. In the future, however, to help manage interest rate risk and to increase fee income, we may increase our origination and sale of residential mortgage loans. No loans were held for sale at September 30, 2012. We also originate commercial real estate, commercial business and construction loans. At September 30, 2012, these loans totaled $148.8 million, $29.9 million and $18.0 million, respectively. We also offer consumer loans, which consist primarily of home equity lines of credit and stock-secured demand loans. At September 30, 2012, home equity lines of credit and stock-secured demand loans totaled $23.4 million and $11.3 million, respectively.

Loan Portfolio Composition. The following table sets forth the composition of our loan portfolio by type of loan, at the dates indicated.

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	September 30,
	2012						2011						2010						2009						2008
	Amount			Percent			Amount			Percent			Amount			Percent			Amount			Percent			Amount			Percent
	(Dollars in thousands)

One-to four-family residential	$	157,536			40.50	%	$	159,228			41.37	%	$	165,462			40.50	%	$	172,415			38.76	%	$	157,867			38.44	%
Commercial real estate		148,806			38.30	%		120,994			31.44	%		116,222			28.45	%		105,764			23.78	%		92,823			22.60	%
Construction		17,952			4.60	%		34,144			8.87	%		57,086			13.97	%		93,217			20.96	%		92,856			22.61	%
Home equity lines of credit		23,435			6.00	%		22,352			5.81	%		22,823			5.59	%		22,528			5.07	%		15,893			3.87	%
Commercial business		29,930			7.70	%		36,195			9.41	%		33,676			8.24	%		37,372			8.40	%		35,995			8.76	%
Other		11,265			2.90	%		11,945			3.10	%		13,277			3.25	%		13,484			3.03	%		15,294			3.72	%
Total loans receivable	$	388,924			100.00	%	$	384,858			100.00	%	$	408,546			100.00	%	$	444,780			100.00	%	$	410,728			100.00	%
Net deferred loan costs		204						208						106						24						(77	)
Allowance for loan losses		(3,858	)					(3,812	)					(4,766	)					(5,807	)					(4,502	)
Total loans receivable, net	$	385,270					$	381,254					$	403,886					$	438,997					$	406,149

Loan Portfolio Maturities and Yields. The following table summarizes the scheduled repayments of our loan portfolio at September 30, 2012. Demand loans, loans having no stated repayment schedule or maturity, and overdraft loans are reported as being due in one year or less.

	One-to-Four Family					Commercial										Home Equity
	Residential					Real Estate					Construction					Lines of Credit
Due During the			Weighted					Weighted					Weighted					Weighted
Fiscal Years Ending			Average					Average					Average					Average
September 30,	Amount		Rate			Amount		Rate			Amount		Rate			Amount		Rate
	(Dollars in thousands)

2013	$	5,250		5.51	%	$	18,027		5.23	%	$	16,900		5.99	%	$	5,735		4.49	%
2014		7,811		4.60	%		5,734		5.04	%		254		4.25	%		8		5.00	%
2015		126		5.96	%		3,568		5.84	%		—		—			—		—
2016 to 2017		2,526		5.16	%		5,663		5.53	%		—		—			—		—
2018 to 2022		14,802		4.84	%		14,915		4.51	%		—		—			844		5.15	%
2023 to 2027		15,643		4.17	%		11,484		6.20	%		—		—			807		3.28	%
2028 and beyond		111,378		4.98	%		89,415		5.59	%		798		6.00	%		16,041		3.66	%

Total	$	157,536		4.89	%	$	148,806		5.47	%	$	17,952		5.96	%	$	23,435		3.91	%

	Commercial Business					Other					Total
Due During the			Weighted					Weighted					Weighted
Fiscal Years Ending			Average					Average					Average
September 30,	Amount		Rate			Amount		Rate			Amount		Rate
	(Dollars in thousands)

2013	$	21,163		4.23	%	$	10,862		2.29	%	$	77,937		4.68	%
2014		3,146		5.05	%		31		6.03	%		16,984		4.83	%
2015		1,032		6.07	%		40		8.99	%		4,766		5.92	%
2016 to 2017		1,376		5.89	%		109		7.56	%		9,674		5.51	%
2018 to 2022		2,241		5.86	%		63		5.00	%		32,865		4.77	%
2023 to 2027		972		4.04	%		—		—			28,906		4.95	%
2028 and beyond		—		—			160		3.55	%		217,792		5.13	%

Total	$	29,930		4.57	%	$	11,265		2.41	%	$	388,924		5.00	%

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The following table sets forth the scheduled repayments of fixed- and adjustable-rate loans at September 30, 2012 that are contractually due after September 30, 2013.

	Due After September 30, 2013
	Fixed		Adjustable		Total
	(Dollars in thousands)

One-to four-family residential	$	104,873	$	47,413	$	152,286
Commercial real estate		18,023		112,756		130,779
Construction		—		1,052		1,052
Home equity lines of credit		11		17,689		17,700
Commercial business		2,140		6,627		8,767
Other		63		340		403

Total	$	125,110	$	185,877	$	310,987

Residential Mortgage Loans. We originate residential mortgage loans, most of which are secured by properties located in our primary market area and most of which we hold in portfolio. At September 30, 2012, $157.5 million, or 40.5% of our total loan portfolio, consisted of residential mortgage loans (including home equity loans). Residential mortgage loan originations are generally obtained from our in-house loan representatives, from existing or past customers, through advertising, and through referrals from local builders, real estate brokers and attorneys, and are underwritten pursuant to Magyar Bank’s policies and standards. Generally, residential mortgage loans are originated in amounts up to 80% of the lesser of the appraised value or purchase price of the property, with private mortgage insurance required on loans with a loan-to-value ratio in excess of 80%. We generally will not make residential mortgage loans with a loan-to-value ratio in excess of 95%, which is the upper limit that has been established by the Board of Directors. Mortgage loans have been primarily originated for terms of up to 30 years. Magyar Bank has not participated in “sub-prime” (mortgages granted to borrowers whose credit history is not sufficient to get a conventional mortgage) or option ARM mortgage lending. At September 30, 2012, non-performing residential mortgage loans totaled $7.6 million, or 4.8% of the total residential loan portfolio. Interest income of $624,000 was not recorded on non-performing residential mortgage loans for the year ended September 30, 2012. During the year ended September 30, 2012, $326,000 had been charged-off against the allowance for loan loss for four impaired residential real estate loans.

We also originate home equity loans secured by residences located in our market area. The underwriting standards we use for home equity loans include a determination of the applicant’s credit history, an assessment of the applicant’s ability to meet existing obligations, the ongoing payments on the proposed loan and the value of the collateral securing the loan. The maximum combined (first and second mortgage liens) loan-to-value ratio for home equity loans and home equity lines of credit is 80%. Home equity loans are generally offered with fixed rates of interest with the loan amount not to exceed $500,000 and with terms of up to 30 years.

Generally, all fixed-rate residential mortgage loans are underwritten according to Federal Home Loan Mortgage Corporation (“Freddie Mac”) guidelines, policies and procedures. Historically, we have not originated a significant number of loans for the purpose of reselling them in the secondary market. However, to help manage interest rate risk and to increase fee income during fiscal year 2012, thirty-five fixed-rate loans totaling $8.3 million were sold to Freddie Mac. In the future we may increase our origination and sale of fixed-rate residential mortgage loans to help manage interest rate risk and to increase fee income. No loans were held for sale at September 30, 2012.

We generally do not purchase residential mortgage loans, except for loans to low-income borrowers to enhance our Community Reinvestment Act performance. At September 30, 2012, we had $2.1 million of purchased one-to four-family residential mortgage loans. No loans were purchased in the fiscal year ended September 30, 2012.

At September 30, 2012, we had $106.9 million of fixed-rate residential mortgage loans, which represented 67.8% of our total residential mortgage loan portfolio. At September 30, 2012, our largest fixed-rate residential mortgage loan was $4.4 million. The loan was performing in accordance with its terms at September 30, 2012.

We also offer adjustable-rate residential mortgage loans with interest rates based on the weekly average yield on U.S. Treasuries or the London Interbank Offering Rate (“LIBOR”) adjusted to a constant maturity of one year, which adjusts either annually from the outset of the loan or which adjusts annually after a one-, three-, five-, seven-, and ten-year initial fixed-rate period. Our adjustable-rate mortgage loans generally provide for maximum rate adjustments of 2% per adjustment, with a lifetime maximum adjustment up to 5%, regardless of the initial rate. We also offer adjustable-rate mortgage loans with an interest rate based on the prime rate as published in The Wall Street Journal or the Federal Home Loan Bank of New York advance rates.

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Adjustable-rate mortgage loans decrease the risk associated with changes in market interest rates by periodically repricing. However, these loans have other risks because, as interest rates increase, the underlying payments by the borrower increase, which increases the potential for default by the borrower. At the same time, the marketability of the underlying collateral may be adversely affected by higher interest rates. The maximum periodic and lifetime interest rate adjustments also may limit the effectiveness of adjustable-rate mortgage loans during periods of rapidly rising interest rates.

At September 30, 2012, adjustable-rate residential mortgage loans totaled $50.7 million, or 32.2% of our total residential mortgage loan portfolio. Of these loans, $17.4 million were interest-only loans originated with an average loan-to-value ratio of 73.9%. Interest-only loans allow the borrower to make interest–only payments during an initial fixed-rate period. Following the initial period, the borrower is required to make principal and interest payments. At September 30, 2012, our largest adjustable-rate residential mortgage loan was for $3.0 million. The loan was performing in accordance with its terms at September 30, 2012.

In an effort to provide financing for low-and moderate-income home buyers, we offer low-to-moderate income residential mortgage loans. These loans are offered with fixed rates of interest and terms of up to 40 years, and are secured by one-to four-family residential properties. All of these loans are originated using underwriting guidelines of U.S. government-sponsored enterprises such as Freddie Mac or Federal National Mortgage Association (“Fannie Mae”). These loans are originated with maximum loan-to-value ratios of 95%.

All residential mortgage loans we originate include “due-on-sale” clauses, which give us the right to declare a loan immediately due and payable if the borrower sells or otherwise disposes of the real property securing the mortgage loan. All borrowers are required to obtain title insurance, fire and casualty insurance and, if warranted, flood insurance on properties securing real estate loans.

Commercial Real Estate Loans. As part of our strategy to add to and diversify our loan portfolio, we have continued our focus on increasing our originations of commercial real estate loans. At September 30, 2012, $148.8 million, or 38.3%, of our total loan portfolio consisted of these types of loans. Commercial real estate loans are generally secured by five-or-more-unit apartment buildings, industrial properties and properties used for business purposes such as small office buildings and retail facilities primarily located in our market area. We generally originate adjustable-rate commercial real estate loans with a maximum term of 25 years with adjustable rate periods every five years. The maximum loan-to-value ratio for our commercial real estate loans is 75%, based on the appraised value of the property.

We consider a number of factors when we originate commercial real estate loans. During the underwriting process we evaluate the business qualifications and financial condition of the borrower, including credit history, profitability of the property being financed, as well as the value and condition of the mortgaged property securing the loan. When evaluating the business qualifications of the borrower, we consider the financial resources of the borrower, the borrower’s experience in owning or managing similar property and the borrower’s payment history with us and other financial institutions. In evaluating the property securing the loan, we consider the net operating income of the mortgaged property before debt service and depreciation, the ratio of the loan amount to the appraised value of the mortgaged property and the debt service coverage ratio (the ratio of net operating income to debt service) to ensure it is at least 120% of the monthly debt service. We require personal guarantees on all commercial real estate loans made to individuals. Generally, commercial real estate loans made to corporations, partnerships and other business entities require personal guarantees by the principals. All borrowers are required to obtain title, fire and casualty insurance and, if warranted, flood insurance.

Loans secured by commercial real estate generally are larger than residential mortgage loans and involve greater credit risk. Commercial real estate loans often involve large loan balances to single borrowers or groups of related borrowers. Repayment of these loans depends to a large degree on the results of operations and management of the properties securing the loans or the businesses conducted on such property, and may be affected to a greater extent by adverse conditions in the real estate market or the economy in general. Accordingly, the nature of these loans makes them more difficult for management to monitor and evaluate.

The maximum amount of a commercial real estate loan is limited by our Board-established loans-to-one-borrower limit, which is currently 15% of Magyar Bank’s capital, or $7.0 million. At September 30, 2012, our largest commercial real estate loan was $6.5 million and was secured by four office buildings located in Parsippany, New Jersey. The loan was performing in accordance with its terms at September 30, 2012. At September 30, 2012, eight commercial real estate loans totaling $6.4 million were non-performing. During the year ended September 30, 2012, $110,000 had been charged-off against the allowance for loan loss for one impaired commercial real estate loans. Interest income of $371,000 was not recorded on non-performing commercial real estate loans for the year ended September 30, 2012. All other loans secured by commercial real estate were performing in accordance with their terms.

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Construction Loans. We also originate construction loans for the development of one-to four-family homes, town homes, condominiums, apartment buildings and commercial properties. Construction loans are generally offered to experienced local developers operating in our primary market area and to individuals for the construction of their personal residences. The Bank ceased originating new construction loans for the development of non-owner occupied real estate in 2008. At September 30, 2012, our construction loans totaled $18.0 million, or 4.6% of total loans

At September 30, 2012, construction loans for the development of one-to four-family residential properties totaled $10.5 million, or 2.7% of total loans. These construction loans generally have a maximum term of 24 months. We provide financing for land acquisition, site improvement and construction of individual homes. Land acquisition funds are limited to 50% to 75% of the sale price of the land. Site improvement funds are limited to 100% of the bonded site improvement costs. Construction funds are limited to 75% of the lesser of the contract sale price or appraised value of the property (less funds already advanced for land acquisition and site improvement).

At September 30, 2012, construction loans for the development of town homes, condominiums and apartment buildings totaled $1.9 million, or 0.5% of total loans. These construction loans also generally have a maximum term of 24 months. The maximum loan-to-value ratio limit applicable to these loans has been 75% of the appraised value of the property, but was decreased to 70% in 2007 to reduce Magyar Bank’s potential exposure to a downturn in the real estate market. Properties must maintain a debt service coverage ratio of 125%. Finally, we may retain up to 10% of each loan advance until the property attains a 90% occupancy level.

At September 30, 2012, construction loans for the development of commercial properties totaled $5.6 million, or 1.4% of total loans. These construction loans have a maximum term of 24 months. The maximum loan-to-value ratio limit applicable to these loans is 75% of the appraised value of the property. In addition, the property must maintain a debt service coverage ratio of 125%.

The maximum amount of a construction loan is limited by our loans-to-one-borrower limit, which is currently 15% of Magyar Bank’s capital, or $7.0 million. At September 30, 2012, our largest outstanding construction loan balance was for $1.9 million. The loan was secured by a retail construction site located in Woodbridge, New Jersey. The loan was performing in accordance with its terms at September 30, 2012. At September 30, 2012, six construction loans totaling $5.1 million were non-performing. During the year ended September 30, 2012, $880,000 had been charged-off against the allowance for loan loss for eleven impaired construction loans and $51,000 was recovered from a prior year charge-off. No interest income was recorded on non-performing construction loans for the year ended September 30, 2012.

Before making a commitment to fund a construction loan, we require an appraisal of the property by an independent licensed appraiser. We generally also engage an outside engineering firm to review and inspect each property before disbursement of funds during the term of a construction loan. Loan proceeds are disbursed after inspection based on the percentage of completion method. We require a personal guarantee from each principal of all of our construction loan borrowers.

Construction lending is generally considered to involve a higher degree of credit risk than long-term financing on improved, owner-occupied real estate. Risk of loss on a construction loan depends largely upon the accuracy of the initial estimate of the value of the property at completion of construction compared to the estimated cost (including interest) of construction and other assumptions. If the estimate of construction cost is inaccurate, we may be required to advance funds beyond the amount originally committed in order to protect the value of the property. Additionally, if our estimate of the value of the completed property is inaccurate, our construction loan may exceed the value of the collateral.

Commercial Business Loans. At September 30, 2012, our commercial business loans totaled $29.9 million, or 7.7% of total loans. We make commercial business loans primarily in our market area to a variety of professionals, sole proprietorships and small and mid-sized businesses. Our commercial business loans include term loans and revolving lines of credit. The maximum term of a commercial business loan is 25 years. Such loans are generally used for longer-term working capital purposes such as purchasing equipment or furniture. Commercial business loans are made with either adjustable or fixed rates of interest. The interest rates for adjustable commercial business loans are typically based on the prime rate as published in The Wall Street Journal.

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Included in commercial business loans are SBA 7(a) loans, on which the SBA has historically provided guarantees of up to 90 percent of the principal balance. These loans are made for the purposes of providing working capital and financing the purchase of equipment, inventory or commercial real estate, and may be made inside or outside the Company’s market place. Generally, an SBA 7(a) loan has a deficiency in its credit profile that would not allow the borrower to qualify for a traditional commercial loan, which is why the government provides the guarantee. The deficiency may be a higher loan to value ratio, lower debt service coverage ratio or weak personal financial guarantees. In addition, many SBA 7(a) loans are for start-up businesses where there is no history of financial information. Finally, many SBA borrowers do not have an ongoing and continuous banking relationship with the Bank, but merely work with the Bank on a single transaction. The guaranteed portions of the Company’s SBA loans are generally sold in the secondary market.

When making commercial business loans, we consider the financial strength of the borrower, our lending history with the borrower, the debt service capabilities of the borrower, the projected cash flows of the business and the value and type of the collateral. Commercial business loans generally are secured by a variety of collateral, primarily accounts receivable, inventory, equipment, savings instruments and readily marketable securities. In addition, we generally require the business principals to execute personal guarantees.

Commercial business loans generally have greater credit risk than residential mortgage loans. Unlike residential mortgage loans, which generally are made on the basis of the borrower’s ability to repay the loan from his or her employment income, and which are secured by real property with ascertainable value, commercial business loans generally are made on the basis of the borrower’s ability to repay the loan from the cash flow of the borrower’s business. As a result, the repayment of commercial business loans may depend substantially on the success of the borrower’s business. Further, any collateral securing commercial business loans may depreciate over time, may be difficult to appraise and may fluctuate in value. We try to minimize these risks through our underwriting standards.

The maximum amount of a commercial business loan is limited by our loans-to-one-borrower limit, which is 15% of Magyar Bank’s capital, or $7.0 million currently. At September 30, 2012, our largest commercial business loan was a $4.0 million loan to a company that provides janitorial services and was secured by the accounts receivable of the company. This loan was performing according to its terms at September 30, 2012. At September 30, 2012, two commercial business loans totaling $57,000 were non-performing. Interest income of $16,000 was not recorded on non-performing commercial business loans for the year ended September 30, 2012. During the year ended September 30, 2012, $69,000 had been charged-off against the allowance for loan loss for one impaired commercial business loans.

Home Equity Lines of Credit and Other Loans. We originate home equity lines of credit secured by residences located in our market area. At September 30, 2012, these loans totaled $23.4 million, or 6.0% of our total loan portfolio. The underwriting standards we use for home equity lines of credit include a determination of the applicant’s credit history, an assessment of the applicant’s ability to meet existing obligations, the ongoing payments on the proposed loan and the value of the collateral securing the loan. The maximum combined (first and second mortgage liens) loan-to-value ratio for home equity lines of credit is 80%. Home equity lines of credit have adjustable rates of interest, indexed to the prime rate, as reported in The Wall Street Journal, with terms of up to 25 years.

The maximum amount of a home equity line of credit loan is limited by our loans-to-one-borrower limit, which is 15% of Magyar Bank’s capital, or $7.0 million currently. At September 30, 2012, our largest home equity line of credit loan was a $833,000. The loan is performing according to its terms at September 30, 2012. At September 30, 2012, all home equity lines of credit were performing in accordance with their terms with the exception of seven non-performing loans totaling $863,000. During the year ended September 30, 2012, $81,000 had been charged-off against the allowance for loan loss for one impaired home equity line of credit. Interest income of $73,000 was not recorded on non-performing home equity lines of credit for the year ended September 30, 2012.

We also originate loans secured by the common stock of publicly traded companies, provided their shares are listed on the New York Stock Exchange, the American Stock Exchange or the NASDAQ Stock Market, and provided the company is not a banking company. Stock-secured loans are interest-only and are offered for terms up to twelve months and for adjustable rates of interest indexed to the prime rate, as reported in The Wall Street Journal. The loan amount is not to exceed 70% of the value of the stock securing the loan at any time.

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At September 30, 2012, stock-secured loans totaled $10.8 million, or 2.0% of our total loan portfolio. Generally, we limit the aggregate amount of loans secured by the common stock of any one corporation to 15% of Magyar Bank’s capital, with the exception of Johnson & Johnson, for which the collateral concentration limit is 150% of Magyar Bank’s capital. At September 30, 2012, $10.7 million, or 2.0% of our loan portfolio, was secured by the common stock of Johnson & Johnson, a New York Stock Exchange company that operates a number of facilities in our market area and employs a substantial number of residents. Although these loans are underwritten based on the ability of the individual borrower to repay the loan, the concentration of our portfolio secured by this stock subjects us to the risk of a decline in the market price of the stock and, therefore, a reduction in the value of the collateral securing these loans. As of September 30, 2012, the aggregate loan-to-value ratio of the stock-secured portfolio was 37.0%.

Loan Originations, Purchases, Participations and Servicing of Loans. Lending activities are conducted primarily by our loan personnel operating at our main and branch office locations. All loans originated by us are underwritten pursuant to our policies and procedures. We originate both adjustable rate and fixed rate loans. Our ability to originate fixed or adjustable rate loans is dependent upon the relative customer demand for such loans, which is affected by the current and expected future levels of market interest rates.

Generally, we retain in our portfolio substantially all loans that we originate. Historically, we have not originated a significant number of loans for the purpose of reselling them in the secondary market. In the future, however, to help manage our interest rate risk and to increase fee income, we may increase our origination and sale of fixed-rate residential loans and commercial business loans guaranteed by the SBA. All one-to four-family residential mortgage loans that we sell in the secondary market are sold with servicing rights retained pursuant to master commitments negotiated with Freddie Mac. We sell our loans to Freddie Mac without recourse. No loans were held for sale at September 30, 2012.

At September 30, 2012, we were servicing loans sold to Freddie Mac in the amount of $20.8 million and SBA guaranteed loans sold in the amount of $6.3 million. Loan servicing includes collecting and remitting loan payments, accounting for principal and interest, contacting delinquent mortgagors, supervising foreclosures and property dispositions in the event of unremedied defaults, making certain insurance and tax payments on behalf of the borrowers and generally administering the loans.

From time-to-time, we will also participate in loans, sometimes as the “lead lender.” Whether we are the lead lender or not, we underwrite our participation portion of the loan according to our own underwriting criteria and procedures. At September 30, 2012, we had $7.7 million of loan participation interests in which we were the lead lender, and $6.6 million in loan participations in which we were not the lead lender. We have entered into loan participations when the aggregate outstanding balance of a particular customer relationship exceeds our loan-to-one-borrower limit. All loan participations are loans secured by real estate that adhere to our loan policies. At September 30, 2012, all participation loans were performing in accordance with their terms.

During the fiscal year ended September 30, 2012, we originated $26.0 million of fixed-rate and adjustable-rate one-to four-family residential mortgage loans. The fixed-rate loans are primarily of loans with terms of 30 years or less. We also originated $30.6 million of commercial real estate loans, $2.4 million of owner-occupied construction loans, $4.6 million of commercial business loans, and $1.7 million of home equity lines of credit and other loans during the fiscal year ended September 30, 2012.

We generally do not purchase residential mortgage loans, except for loans to low-income borrowers as part of our Community Reinvestment Act lenders program. At September 30, 2012, we had $2.1 million of one-to four-family residential mortgage loans that were purchased from other lenders. No loans were purchased in the fiscal year ended September 30, 2012.

Loan Approval Procedures and Authority. Our lending activities follow written, non-discriminatory underwriting standards and loan origination procedures established by our Board of Directors. In the approval process for loans, we assess the borrower’s ability to repay the loan and the value of the property securing the loan. To assess an individual borrower’s ability to repay, we review income and expense, employment and credit history. To assess a business entity’s ability to repay, we review financial statements (including balance sheets, income statements and cash flow statements), rent rolls, other debt service, and projected income and expense.

We generally require appraisals for all real estate securing loans. Appraisals are performed by independent licensed appraisers who are approved annually by our Board of Directors. We require borrowers to obtain title, fire and casualty, general liability, and, if warranted, flood insurance in amounts at least equal to the principal amount of the loan. For construction loans, we require a detailed plan and cost review, to be reviewed by an outside engineering firm, and all construction-related state and local approvals necessary for a particular project.

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Our loan approval policies and limits are established by our Board of Directors. All loans are approved in accordance with the loan approval policies and limits. Lending authorities are approved annually by the Board of Directors, and Magyar Bank lending staff members are authorized to approve loans up to their lending authority limits, provided the loan meets all of our underwriting guidelines.

Loan requests for aggregate borrowings up to $1.5 million must be approved by Magyar Bank’s Chief Lending Officer or President. Other members of our lending staff have lesser amounts of lending authority based on their experience as lending officers. Loan requests for aggregate borrowings up to 35% of Magyar Bank’s loans-to-one-borrower limit, or $2.5 million, must be approved by Magyar Bank’s Management Loan Committee. The Management Loan Committee is comprised of the President, Chief Lending Officer, Chief Financial Officer and various bank officers appointed by the Board of Directors. A quorum of three members including either the President or the Chief Lending Officer is required for all Management Loan Committee meetings. The Directors Loan Committee must approve all loan requests for aggregate borrowings in excess of 35% of Magyar Bank’s loans-to-one-borrower limit, or $2.5 million. The Board of Directors must approve all loan requests for aggregate borrowings in excess of 80% of Magyar Bank’s loans-to-one-borrower limit, or $5.6 million.

Asset Quality

We commence collection efforts when a loan becomes 15 days past due with system-generated reminder notices. Subsequent late charge and delinquent notices are issued and the account is monitored on a regular basis thereafter. Personal, direct contact with the borrower is attempted early in the collection process as a courtesy reminder and later to determine the reason for the delinquency and to safeguard our collateral. When a loan is more than 60 days past due, the credit file is reviewed and, if deemed necessary, information is updated or confirmed and collateral re-evaluated. We make every effort to contact the borrower and develop a plan of repayment to cure the delinquency. Loans are placed on non-accrual status when they are delinquent for more than three months. When loans are placed on non-accrual status, unpaid accrued interest is fully reversed, and further income is recognized only to the extent received.

A summary report of all loans 30 days or more past due is provided to the Board of Directors on a monthly basis. If no repayment plan is in process, the file is referred to counsel for the commencement of foreclosure or other collection efforts.

Non-Performing Assets. The table on the following page sets forth the amounts and categories of our non-performing assets at the dates indicated. The table includes troubled debt restructurings (loans for which a portion of interest or principal has been forgiven and loans modified at interest rates materially less than current market rates) for each date presented.

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	September 30,
	2012			2011			2010			2009			2008
	(Dollars in thousands)
Non-accrual loans:
One-to four-family residential	$	7,577		$	3,523		$	2,451		$	4,565		$	772
Commercial real estate		6,424			7,156			8,228			7,439			3,400
Construction		5,141			15,464			13,969			19,515			8,224
Home equity lines of credit		863			788			1,304			1,086			731
Commercial business		57			255			1,465			879			176
Other		12			—			—			—			—
Total		20,074			27,186			27,417			33,484			13,303

Accruing loans three months or more past due:
One-to four-family residential		—			533			—			—			65
Commercial real estate		—			441			—			—			—
Construction		—			—			583			—			6,700
Home equity lines of credit		—			—			—			—			—
Commercial business		—			—			—			—			—
Other		—			—			—			—			—
Total loans three months or more past due		—			974			583			—			6,765

Total non-performing loans		20,074			28,160			28,000			33,484			20,068

Other real estate owned		13,381			16,595			12,655			5,562			4,666
Total non-performing assets		33,455			44,755			40,655			39,046			24,734
Performing troubled debt restructurings		2,581			4,744			3,610			458			—
Performing troubled debt restructurings and
total non-performing assets	$	36,036		$	49,499		$	44,265		$	39,504		$	24,734

Ratios:
Total non-performing loans to total loans		5.16	%		7.32	%		6.85	%		7.53	%		4.89	%
Total non-performing loans and performing
troubled debt restructurings to total loans		5.83	%		8.55	%		7.74	%		7.63	%		4.89	%
Total non-performing assets to total assets		6.57	%		8.54	%		7.56	%		6.91	%		4.81	%
Total non-performing assets and performing
troubled debt restructurings to total assets		7.08	%		9.45	%		8.23	%		6.99	%		4.81	%

At September 30, 2012, our portfolio of commercial business, commercial real estate and construction loans totaled $196.7 million, or 50.6% of our total loans, compared to $191.3 million, or 49.7% of our total loans, at September 30, 2011. Commercial business, commercial real estate and construction loans generally have more risk than one-to four-family residential mortgage loans. As shown in the table above, our troubled debt restructuring and total non-performing assets decreased $13.5 million to $36.0 million at September 30, 2012 from $49.5 million at September 30, 2011, and decreased $8.5 million from $44.3 million at September 30, 2010.

Additional interest income of approximately $2.1 million and $1.8 million would have been recorded during the fiscal years ended September 30, 2012 and 2011, respectively, if the non-accrual loans summarized in the above table had performed in accordance with their original terms.

The Company accounts for its impaired loans in accordance with generally accepted accounting principles, which require that a creditor measure impairment based on the present value of expected future cash flows discounted at the loan’s effective interest rate except that, as a practical expedient, a creditor may measure impairment based on a loan’s observable market price less estimated costs of disposal, or the fair value of the collateral less estimated costs of disposal if the loan is collateral dependent. Regardless of the measurement method, a creditor may measure impairment based on the fair value of the collateral when the creditor determines that foreclosure is probable.

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The Company records cash receipts on impaired loans that are non-performing as a reduction to principal before applying amounts to interest or late charges unless specifically directed by the Bankruptcy Court to apply payments otherwise. The Company continues to recognize interest income on impaired loans that are performing.

Troubled debt restructurings (“TDRs”) occur when a creditor, for economic or legal reasons related to a debtor’s financial condition, grants a concession to the debtor that it would not otherwise consider, such as a below market interest rate, extending the maturity of a loan, or a combination of both. During the year ended September 30, 2012, there were six loans totaling $2.3 million that were classified as TDRs by the Company. These loans are not included in the non-performing loan figures listed above, as they continue to perform under their modified terms.

Delinquent Loans. The following table sets forth certain information with respect to our loan portfolio delinquencies at the dates indicated. Loans delinquent more than three months are generally classified as non- accrual loans.

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	Loans Delinquent For
	60-89 Days				90 Days and Over				Total
	Number		Amount		Number		Amount		Number		Amount
	(Dollars in thousands)
At September 30, 2012
One-to four-family residential		8	$	1,589		24	$	7,577		32	$	9,166
Commercial real estate		4		708		8		6,424		12		7,132
Construction		—		—		6		5,141		6		5,141
Home equity lines of credit		1		59		7		863		8		922
Commercial business		1		102		2		57		3		159
Other		—		—		1		12		1		12
Total		14	$	2,458		48	$	20,074		62	$	22,532

At September 30, 2011
One-to four-family residential		3	$	485		12	$	4,056		15	$	4,541
Commercial real estate		2		851		9		7,597		11		8,448
Construction		1		92		15		15,464		16		15,556
Home equity lines of credit		—		—		4		788		4		788
Commercial business		—		—		3		255		3		255
Other		—		—		—		—		—		—
Total		6	$	1,428		43	$	28,160		49	$	29,588

At September 30, 2010
One-to four-family residential		4	$	721		4	$	2,451		8	$	3,172
Commercial real estate		2		2,147		6		6,081		8		8,228
Construction		—		—		15		14,552		15		14,552
Home equity lines of credit		—		—		3		1,304		3		1,304
Commercial business		—		—		5		1,465		5		1,465
Other		—		—		—		—		—		—
Total		6	$	2,868		33	$	25,853		39	$	28,721

At September 30, 2009
One-to four-family residential		1	$	150		9	$	4,565		10	$	4,715
Commercial real estate		—		—		7		7,439		7		7,439
Construction		2		1,642		10		17,873		12		19,515
Home equity lines of credit		—		—		2		1,086		2		1,086
Commercial business		1		15		5		864		6		879
Other		—		—		—		—		—		—
Total		4	$	1,807		33	$	31,827		37	$	33,634

At September 30, 2008
One-to four-family residential		3	$	216		4	$	837		7	$	1,053
Commercial real estate		—		—		2		3,400		2		3,400
Construction		3		5,476		7		9,395		10		14,871
Home equity lines of credit		—		—		1		731		1		731
Commercial business		1		157		1		176		2		333
Other		—		—		—		—		—		—
Total		7	$	5,849		15	$	14,539		22	$	20,388

Real Estate Owned. Real estate we acquire as a result of foreclosure or by deed in lieu of foreclosure is classified as real estate owned until sold. When property is acquired it is recorded at fair value at the date of foreclosure, establishing a new cost basis. Holding costs and declines in fair value result in charges to expense after acquisition.

The Company held $13.4 million of real estate owned properties at September 30, 2012 and $16.6 million of real estate owned properties at September 30, 2011. During the year ended September 30, 2012, the Company was able to successfully dispose of six properties with an aggregate carrying value of $8.5 million for a net loss of $22,000 and the Company was able to secure the title for seven other properties totaling $5.8 million.

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Other real estate owned at September 30, 2012 consisted of eleven residential properties, four substantially completed condominium projects, thirteen real estate lots, and one commercial real estate building. 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.

The Company also incurred $148,000 in write downs during the year on two properties under contract of sale at September 30, 2012. Further declines in real estate values may result in a charge to expense in the future. Routine holding costs are charged to expense as incurred and improvements to real estate owned that enhance the value of the real estate are capitalized.

Classified Assets. Federal banking regulations provide that loans and other assets of lesser quality should be classified as “substandard,” “doubtful” or “loss” assets. An asset is considered “substandard” if it is inadequately protected by the current net worth and paying capacity of the obligor or of the collateral pledged, if any. “Substandard” assets include those characterized by the “distinct possibility” we will sustain “some loss” if the deficiencies are not corrected. Assets classified as “doubtful” have all of the weaknesses inherent in those classified “substandard,” with the added characteristic that the weaknesses present make “collection or liquidation in full,” on the basis of currently existing facts, conditions, and values, “highly questionable and improbable.” Assets classified as “loss” are those considered “un-collectible” and of such little value their continuance as assets without the establishment of a specific loss reserve is not warranted. We classify an asset as “special mention” if the asset has a potential weakness that warrants management’s close attention. While such assets are not impaired, management has concluded that if the potential weakness in the asset is not addressed, the value of the asset may deteriorate, adversely affecting the repayment of the asset. On the basis of our review of assets at September 30, 2012, classified loans consisted of $15.5 million of special mention assets, $20.4 million of substandard assets, and $3.0 million of doubtful assets.

We are required to establish an allowance for loan losses in an amount deemed prudent by management for loans classified substandard or doubtful, as well as for other problem loans. General allowances represent loss allowances which have been established to recognize the inherent losses associated with lending activities, but which, unlike impairment allowances, have not been allocated to particular problem assets. When we classify problem assets, we are required to determine whether or not impairment exists. A loan is impaired when, based on current information and events, it is probable that Magyar Bank will be unable to collect all amounts due according to the contractual terms of the loan agreement. When it is determined that impairment exists, a specific allowance for loss is established. For collateral-dependent loans, the loan is reduced by the impairment amount via a reduction to the loan and the allowance for loan loss. Our determination as to the classification of our assets and the amount of our valuation allowances is subject to review by the New Jersey Department of Banking and Insurance and the Federal Deposit Insurance Corporation, which can direct us to establish additional loss allowances.

The loan portfolio is reviewed on a regular basis to determine whether any loans require classification in accordance with applicable regulations. Not all classified assets constitute non-performing assets.

Allowance for Loan Losses

Our allowance for loan losses is maintained at a level management deems necessary to absorb loan losses that are both probable and reasonably estimable. Management, in determining the allowance for loan losses, considers the losses in our loan portfolio both probable and reasonably estimable, and changes in the nature and volume of loan activities, along with the general economic and real estate market conditions. The allowance for loan losses as of September 30, 2012 was maintained at a level that represents management’s best estimate of losses in the loan portfolio both probable and reasonably estimable. However, this analysis process is inherently subjective, as it requires us to make estimates that are susceptible to revisions as more information becomes available. Although we believe we have established the allowance at levels to absorb probable and estimable losses, future additions may be necessary if economic or other conditions in the future differ from the current environment.

In addition, as an integral part of their examination process, the New Jersey Department of Banking and Insurance and the Federal Deposit Insurance Corporation will periodically review our allowance for loan losses. Such agencies may require us to recognize additions to the allowance based on their judgments of information available to them at the time of their examination.

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Allowance for Loan Losses. The following table sets forth activity in our allowance for loan losses for the periods indicated.

	September 30,
	2012			2011			2010			2009			2008
	(Dollars in thousands)

Balance at beginning of period	$	3,812		$	4,766		$	5,807		$	4,502		$	3,754

Charge-offs:
One-to four-family residential		326			55			61			39			31
Commercial real estate		110			652			321			1,063			111
Construction		880			1,583			3,102			4,120			3,084
Home equity lines of credit		81			98			93			724			69
Commercial business		69			342			196			963			227
Other		—			3			—			1			3
Total charge-offs		1,466			2,733			3,773			6,910			3,525

Recoveries:
One-to four-family residential		—			—			—			—			13
Commercial real estate		—			—			—			—			—
Construction		51			—			1			2			—
Home equity lines of credit		—			—			—			—			—
Commercial business		—			31			—			—			—
Other		—			—			2			1			5
Total recoveries		51			31			3			3			18

Net charge-offs		1,415			2,702			3,770			6,907			3,507
Provision for loan losses		1,461			1,748			2,729			8,212			4,255

Balance at end of period	$	3,858		$	3,812		$	4,766		$	5,807		$	4,502

Ratios:
Net charge-offs to average loans outstanding		0.37	%		0.69	%		0.89	%		1.61	%		0.88	%
Allowance for loan losses to total
non-performing loans at end of period		19.22	%		13.54	%		17.02	%		17.34	%		22.43	%
Allowance for loan losses to total loans
at end of period		0.99	%		0.99	%		1.17	%		1.31	%		1.10	%

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Allocation of Allowance for Loan Losses. The following table sets forth the allowance for loan losses allocated by loan category, the percent of the allowance to the total allowance and the percent of loans in each category to total loans at the dates indicated. The allowance for loan losses allocated to each category is not necessarily indicative of future losses in any particular category and does not restrict the use of the allowance to absorb losses in other categories.

			Percent of Allowance			Percent of Loans
			In Category to			In Category to
	Amount		Total Allowance			Total Loans
	(Dollars in thousands)
At September 30, 2012
One-to four-family residential	$	610		15.80	%		40.50	%
Commercial real estate		1,929		49.99	%		38.30	%
Construction		640		16.59	%		4.60	%
Home equity lines of credit		232		6.03	%		6.00	%
Commercial business		383		9.93	%		7.70	%
Other		23		0.60	%		2.90	%
Unallocated		41		1.06	%		0.00	%
Total allowance for loan losses	$	3,858		100.00	%		100.00	%
At September 30, 2011
One-to four-family residential	$	734		19.25	%		41.37	%
Commercial real estate		1,266		33.21	%		31.44	%
Construction		1,043		27.37	%		8.87	%
Home equity lines of credit		101		2.65	%		5.81	%
Commercial business		551		14.45	%		9.41	%
Other		13		0.34	%		3.10	%
Unallocated		104		2.73	%		0.00	%
Total allowance for loan losses	$	3,812		100.00	%		100.00	%
At September 30, 2010
One-to four-family residential	$	589		12.35	%		40.50	%
Commercial real estate		1,123		23.56	%		28.45	%
Construction		2,020		42.39	%		13.97	%
Home equity lines of credit		83		1.75	%		5.59	%
Commercial business		866		18.17	%		8.24	%
Other		11		0.23	%		3.25	%
Unallocated		74		1.55	%		0.00	%
Total allowance for loan losses	$	4,766		100.00	%		100.00	%
At September 30, 2009
One-to four-family residential	$	455		7.83	%		38.76	%
Commercial real estate		1,235		21.27	%		23.78	%
Construction		2,967		51.09	%		20.96	%
Home equity lines of credit		60		1.04	%		5.08	%
Commercial business		957		16.48	%		8.40	%
Other		15		0.26	%		3.02	%
Unallocated		118		2.03	%		0.00	%
Total allowance for loan losses	$	5,807		100.00	%		100.00	%
At September 30, 2008
One-to four-family residential	$	429		9.53	%		38.44	%
Commercial real estate		603		13.39	%		22.60	%
Construction		2,846		63.22	%		22.61	%
Home equity lines of credit		48		1.07	%		3.87	%
Commercial business		476		10.57	%		8.76	%
Other		4		0.09	%		3.72	%
Unallocated		96		2.13	%		0.00	%
Total allowance for loan losses	$	4,502		100.00	%		100.00	%

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Investments

Our Board of Directors has adopted our Investment Policy. This policy determines the types of securities in which we may invest. The Investment Policy is reviewed annually by the Board of Directors and changes to the policy are recommended to and subject to approval by our Board of Directors. While general investment strategies are developed by the Asset and Liability Committee, the execution of specific actions rests primarily with our President and our Chief Financial Officer. They are responsible for ensuring the guidelines and requirements included in the Investment Policy are followed and only prudent securities are considered for investment. They are authorized to execute transactions that fall within the scope of the established Investment Policy up to $2.5 million per transaction individually or $5.0 million per transaction jointly. Investment transactions in excess of $5.0 million must be approved by the Asset and Liability Committee. Investment transactions are reviewed and ratified by the Board of Directors at their regularly scheduled meetings.

Our investments portfolio may include U.S. Treasury obligations, debt and equity securities issued by various government-sponsored enterprises, including Fannie Mae and Freddie Mac, mortgage-backed securities, certain certificates of deposit of insured financial institutions, overnight and short-term loans to other banks, investment-grade corporate debt instruments, and municipal securities. In addition, we may invest in equity securities subject to certain limitations and not in excess of Magyar Bank’s Tier 1 capital.

The Investment Policy requires that securities transactions be conducted in a safe and sound manner, and purchase and sale decisions be based upon a thorough analysis of each security to determine its quality and inherent risks and fit within our overall asset/liability management objectives. The analysis must consider the effect of an investment or sale on our risk-based capital and prospects for yield and appreciation.

At September 30, 2012, our securities portfolio totaled $57.9 million, or 11.4% of our total assets. Securities are classified as held-to-maturity or available-for-sale when purchased. At September 30, 2012, $41.1 million of our securities were classified as held-to-maturity and reported at amortized cost, and $16.8 million were classified as available-for-sale and reported at fair value. At September 30, 2012, we held no investment securities classified as held-for-trading.

U.S. Government Agency and Government-Sponsored Enterprise Obligations. At September 30, 2012, our U.S. Government Agency and Government-Sponsored Enterprise Obligations totaled $52.4 million, or 90.6% of our total securities portfolio. Of this amount, $45.6 million were mortgage-backed securities and $6.8 million were debt securities. While these securities generally provide lower yields than other securities in our securities portfolio, we hold these securities, to the extent appropriate, for liquidity purposes and as collateral for certain borrowings. We invest in these securities to achieve positive interest rate spreads with minimal administrative expense, and to lower our credit risk as a result of the guarantees provided by these issuers.

Mortgage-Backed Securities. We purchase mortgage-backed pass through and collateralized mortgage obligation (“CMO”) securities insured or guaranteed by Fannie Mae, Freddie Mac or Ginnie Mae. To a lesser extent, we also invest in mortgage-backed securities issued or sponsored by private issuers. At September 30, 2012, our mortgage-backed securities, including CMOs, totaled $48.0 million, or 82.9% of our total securities portfolio. Included in this balance was $2.4 million of mortgage-backed securities issued by private issuers. Our policy is to limit purchases of privately issued mortgage-backed securities to non-high risk securities rated “A” or higher by a nationally recognized credit rating agency. High risk securities generally are defined as those exhibiting significantly greater volatility of estimated average life and price due to changes in interest rates than 30-year fixed rate securities.

Mortgage-backed pass through securities are created by pooling mortgages and issuing a security with an interest rate less than the interest rate on the underlying mortgages. Mortgage-backed pass through securities represent a participation interest in a pool of single-family or multi-family mortgages. As loan payments are made by the borrowers, the principal and interest portion of the payment is passed through to the investor as received. CMOs are also backed by mortgages. However they differ from mortgage-backed pass through securities because the principal and interest payments on the underlying mortgages are structured so that they are paid to the security holders of pre-determined classes or tranches at a faster or slower pace. The receipt of these principal and interest payments, which depends on the estimated average life for each class, is contingent on a prepayment speed assumption assigned to the underlying mortgages. Variances between the assumed payment speed and actual payments can significantly alter the average lives of such securities. Mortgage-backed securities and CMOs generally yield less than the loans that underlie such securities because of the cost of payment guarantees and credit enhancements. However, mortgage-backed securities are usually more liquid than individual mortgage loans and may be used to collateralize borrowings and other liabilities.

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Mortgage-backed securities present a risk that actual prepayments may differ from estimated prepayments over the life of the security, which may require adjustments to the amortization of any premium or accretion of any discount relating to such instruments that can change the net yield on the securities. There is also reinvestment risk associated with the cash flows from such securities or if the securities are redeemed by the issuer. In addition, the market value of such securities may be adversely affected by changes in interest rates.

Our mortgage-backed securities portfolio had a weighted average yield of 3.28% at September 30, 2012. The estimated fair value of our mortgage-backed securities portfolio at September 30, 2012 was $49.1 million, which was $1.6 million more than the amortized cost of $47.5 million. Mortgage-backed securities in Magyar Bank’s portfolio do not contain sub-prime mortgage loans.

Corporate and Other Securities. At September 30, 2012, we held corporate notes as held to maturity and have a total amortized cost value of $3.0 million, or 5.3% of our total securities portfolio. Our Investment Policy allows for the purchase of such instruments and requires that corporate debt obligations be rated in one of the four highest categories by a nationally recognized rating service. We may invest up to 25% of Magyar Bank’s investment portfolio in corporate debt obligations and up to 15% of Magyar Bank’s capital in any one issuer.

Equity Securities. At September 30, 2012, we held no equity securities other than $2.4 million in Federal Home Loan Bank of New York stock. The investment in Federal Home Loan Bank of New York stock is classified as a restricted security, carried at cost and evaluated for impairment. Equity securities are not insured or guaranteed investments and are affected by market interest rates and stock market fluctuations. Such investments other than the Federal Home Loan Bank of New York are carried at their fair value and fluctuations in the fair value of such investments, including temporary declines in value, directly affect our net capital position.

Securities Portfolios. The following table sets forth the composition of our securities portfolio (excluding Federal Home Loan Bank of New York common stock) at the dates indicated.

	At September 30, 2012									At September 30, 2011									At September 30, 2010
			Gross		Gross							Gross		Gross							Gross		Gross
	Amortized		Unrealized		Unrealized			Fair		Amortized		Unrealized		Unrealized			Fair		Amortized		Unrealized		Unrealized			Fair
	Cost		Gains		Losses			Value		Cost		Gains		Losses			Value		Cost		Gains		Losses			Value
Securities available for sale:	(Dollars in thousands)
Obligations of U.S. government agencies:
Mortgage backed securities - residential	$	1,850	$	11	$	—		$	1,861	$	3,310	$	84	$	—		$	3,394	$	3,904	$	—	$	(26	)	$	3,878
Obligations of U.S. government-sponsored enterprises:
Mortgage-backed securities-residential		8,368		207		—			8,575		13,915		215		(42	)		14,088		2,833		107		—			2,940
Mortgage backed securities-commercial		4,053		175		—			4,228		4,137		265		—			4,402		4,274		—		(4	)		4,270
Debt securities		1,000		67		—			1,067		2,000		29		—			2,029		1,001		1		—			1,002
Private label mortgage-backed securities-residential		1,031		25		(1	)		1,055		1,456		—		(57	)		1,399		2,362		—		(265	)		2,097
Total securities available for sale	$	16,302	$	485	$	(1	)	$	16,786	$	24,818	$	593	$	(99	)	$	25,312	$	14,374	$	108	$	(295	)	$	14,187

	At September 30, 2012									At September 30, 2011									At September 30, 2010
			Gross		Gross							Gross		Gross							Gross		Gross
	Amortized		Unrealized		Unrealized			Fair		Amortized		Unrealized		Unrealized			Fair		Amortized		Unrealized		Unrealized			Fair
	Cost		Gains		Losses			Value		Cost		Gains		Losses			Value		Cost		Gains		Losses			Value
Securities held to maturity:	(Dollars in thousands)
Obligations of U.S. government agencies:
Mortgage-backed securities-residential	$	10,790	$	414	$	(8	)	$	11,196	$	14,875	$	483	$	(11	)	$	15,347	$	18,407	$	401	$	—		$	18,808
Mortgage-backed securities-commercial		1,522		14		—			1,536		1,646		18		—			1,664		1,725		22		—			1,747
Obligations of U.S. government-sponsored enterprises:
Mortgage backed securities-residential		18,578		722		(5	)		19,295		17,315		441		—			17,756		17,880		425		—			18,305
Debt securities		5,770		6		—			5,776		6,500		12		—			6,512		4,499		35		—			4,534
Private label mortgage-backed securities-residential		1,367		27		—			1,394		1,592		14		(160	)		1,446		1,871		101		(70	)		1,902
Obligations of state and political subdivisions		41		1		—			42		72		2		—			74		97		5		—			102
Corporate securities		3,000		—		(109	)		2,891		3,000		—		(86	)		2,914		—		—		—			—
Total securities held to maturity	$	41,068	$	1,184	$	(122	)	$	42,130	$	45,000	$	970	$	(257	)	$	45,713	$	44,479	$	989	$	(70	)	$	45,398

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At September 30, 2012, a total of six securities with an aggregate fair value of $5.8 million had gross unrealized losses of $123,000, or approximately 2.1% of fair value. None of these unrealized losses were considered other-than-temporary.

Portfolio Maturities and Yields. The composition, maturities and weighted average yields of the investment debt securities portfolio and the mortgage-backed securities portfolio at September 30, 2012 are summarized in the following table. Maturities are based on the final contractual payment dates, and do not reflect the impact of prepayments or early redemptions that may occur. State and municipal bond yields have been adjusted to a tax-equivalent basis.

						More Than Five
	Less Than					Years Through					More Than
	Five Years					Ten Years					Ten Years					Total Securities
	Amortized					Amortized					Amortized					Amortized
	Cost		Yield			Cost		Yield			Cost		Yield			Cost		Yield
	(Dollars in thousands)
Securities available for sale:
Obligations of U.S. government agencies:
Mortgage backed securities - residential	$	—		-%		$	—		-%		$	1,850		1.63	%	$	1,850		1.63	%
Obligations of U.S. government-sponsored enterprises:
Mortgage-backed securities-residential		—		-%			1,728		3.17	%		6,640		2.56	%		8,368		2.69	%
Mortgage backed securities-commercial		4,053		5.07	%		—		-%			—		-%			4,053		5.07	%
Debt securities		—		-%			1,000		2.20	%		—		-%			1,000		2.20	%
Private label mortgage-backed securities-residential		—		-%			1,004		5.50	%		27		2.13	%		1,031		5.41	%
Total securities available for sale	$	4,053		5.07	%	$	3,732		3.54	%	$	8,517		2.36	%	$	16,302		3.30	%


Securities held to maturity:
Obligations of U.S. government agencies:
Mortgage-backed securities - residential	$	—		-%		$	—		-%		$	10,790		3.74	%	$	10,790		3.74	%
Mortgage-backed securities - commercial		—		-%			18		1.38	%		1,504		0.66	%		1,522		0.67	%
Obligations of U.S. government-sponsored enterprises:
Mortgage backed securities - residential		132		3.99	%		5,224		3.24	%		13,222		3.06	%		18,578		3.12	%
Debt securities		—		-%			1,760		2.00	%		4,010		2.21	%		5,770		2.15	%
Private label mortgage-backed securities - residential		—		-%			—		-%			1,367		3.56	%		1,367		3.56	%
Obligations of state and political subdivisions		41		6.00	%		—		-%			—		-%			41		6.00	%
Corporate securities		3,000		2.43	%		—		-%			—		-%			3,000		2.43	%
Total securities held to maturity	$	3,173		2.54	%	$	7,002		2.92	%	$	30,893		3.09	%	$	41,068		3.02	%

Sources of Funds

General. Deposits, primarily certificates of deposit, have traditionally been the primary source of funds used for our lending and investment activities. We obtain certificates of deposit primarily through our branch network and to a lesser extent via the brokered CD market. We also use borrowings, primarily Federal Home Loan Bank advances, to supplement cash flow needs, to lengthen the maturities of liabilities for interest rate risk management and to manage our cost of funds. Additional sources of funds include principal and interest payments from loans and securities, loan and security prepayments and maturities, income on other earning assets and stockholders’ equity. While cash flows from loans and securities payments can be relatively stable sources of funds, deposit inflows and outflows can vary widely and are influenced by prevailing interest rates, market conditions and levels of competition.

Deposits. Our deposits are generated primarily from residents within our primary market area. We offer a selection of deposit accounts, including demand accounts, NOW accounts, money market accounts, savings accounts, retirement accounts and certificates of deposit. Deposit account terms vary, with the principal differences being the minimum balance required, the amount of time the funds must remain on deposit and the interest rate. Historically, we also accepted brokered deposits and did so when attractive rates were available. At September 30, 2012, we had $7.5 million in brokered deposits as compared to $10.0 million at September 30, 2011.

Interest rates, maturity terms, service fees and withdrawal penalties are established on a periodic basis. Deposit rates and terms are based primarily on current operating strategies and market rates, liquidity requirements, rates paid by competitors and growth goals. Personalized customer service, long-standing relationships with customers and an active marketing program are relied upon to attract and retain deposits.

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The flow of deposits is influenced significantly by general economic conditions, changes in money market and other prevailing interest rates and competition. The variety of deposit accounts offered allows us to be competitive in obtaining funds and responding to changes in consumer demand. Based on experience, we believe that our deposits are relatively stable. However, the ability to attract and maintain deposits, and the rates paid on these deposits, has been and will continue to be significantly affected by market conditions. At September 30, 2012, $158.5 million, or 38.0% of our deposit accounts, were certificates of deposit (including individual retirement accounts).

The following table sets forth the distribution of total deposit accounts, by account type, at the dates indicated.

	September 30,
	2012								2011								2010
						Weighted								Weighted								Weighted
						Average								Average								Average
Deposit Types:	Balance		Percent			Rate			Balance		Percent			Rate			Balance		Percent			Rate
	(Dollars in thousands)

Demand accounts	$	50,897		12.22	%		0.00	%	$	51,220		12.05	%		0.00	%	$	37,298		8.72	%		0.00	%
Savings accounts		55,293		13.28	%		0.28	%		60,533		14.24	%		0.58	%		61,867		14.46	%		0.83	%
NOW accounts		44,312		10.64	%		0.32	%		30,941		7.28	%		0.28	%		51,473		12.03	%		1.11	%
Money market accounts		107,555		25.82	%		0.42	%		106,689		25.11	%		0.50	%		89,279		20.86	%		0.91	%
Certificates of deposit		129,716		31.14	%		1.28	%		144,739		34.06	%		1.73	%		156,528		36.58	%		1.85	%
Retirement accounts		28,745		6.90	%		2.45	%		30,821		7.25	%		2.89	%		31,487		7.36	%		3.02	%

Total deposits	$	416,518		100.00	%		0.75	%	$	424,943		100.00	%		1.03	%	$	427,932		100.00	%		1.34	%

As of September 30, 2012, the aggregate amount of outstanding certificates of deposit (including retirement accounts) in amounts greater than or equal to $100,000 was $82.6 million. The following table sets forth the maturity of these certificates as of September 30, 2012 (in thousands):

Three months or less	$	12,237
Over three months through six months		9,199
Over six months through one year		15,209
Over one year to three years		31,136
Over three years		14,829

Total	$	82,610

At September 30, 2012, $78.7 million of our certificates of deposit had maturities of one year or less. We monitor activity on these accounts and, based on historical experience and our current pricing strategy, we believe we will retain a large portion of these accounts upon maturity.

The following table sets forth the interest-bearing deposit activities for the periods indicated.

	September 30,
	2012			2011			2010
	(Dollars in thousands)

Beginning balance	$	373,723		$	390,634		$	413,296
Net withdrawals before interest credited		(11,773	)		(21,691	)		(28,766	)
Interest credited		3,671			4,780			6,104

Ending balance	$	365,621		$	373,723		$	390,634

Borrowings. Our borrowings consist of short- and long-term advances from the Federal Home Loan Bank of New York and securities sold under agreements to repurchase with CitiGroup Global Markets Inc.

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As of September 30, 2012, we had long-term advances from the Federal Home Loan Bank in the amount of $35.1 million. In addition, our repurchase agreements totaled $5.0 million at September 30, 2012. These aggregate borrowings represent 8.6% of total liabilities and had a weighted average rate of 3.47% at September 30, 2012. Based on eligible collateral pledged to the Federal Home Loan Bank of New York at September 30, 2012, we had an aggregate borrowing capacity of $78.7 million with the Federal Home Loan Bank.

Our repurchase agreements are recorded as financing transactions as we maintain effective control over the transferred or pledged securities. The dollar amount of the securities underlying the agreements continues to be carried in our securities portfolio while the obligations to repurchase the securities are reported as liabilities in our consolidated balance sheets. The securities underlying the agreements are delivered to the party with whom each transaction is executed. Those parties agree to resell to us the identical securities we delivered to them at the maturity or call period of the agreement.

Long-term Federal Home Loan Bank of New York advances as of September 30, 2012 mature as follows (in thousands):

Year Ending September 30,
2013	$	9,143
2014		8,700
2015		5,000
2016		2,260
2017		4,500
Thereafter		5,500
	$	35,103

Information concerning overnight line of credit advances with the Federal Home Loan Bank of New York is summarized as follows:

	September 30,
	2012			2011
	(Dollars in thousands)

Balance at end of year	$	1,400		$	—
Weighted average balance during the year	$	911		$	1,147
Weighted average interest rate at the end of year		0.38	%		N/A
Maximum month-end balance during the year	$	8,750		$	10,100
Average interest rate during the year		0.38	%		0.20	%

The outstanding security sold under agreements to repurchase totaled $5.0 million at September 30, 2012. It is callable by the issuer quarterly beginning December 3, 2010 and matures December 3, 2014. The interest rate is 3.83% as long as the 3 month LIBOR remains below 5.12%. Should the 3 month LIBOR increase above 5.12% on a quarterly reset date, the interest rate will be reset to the initial rate minus twice the difference between 3 month LIBOR and 5.12% for the next quarter, assuming the counter-party does not exercise its call option. The $10.0 million callable security sold under agreements to repurchase issued by CitiGroup Global Markets Inc., matured on July 31, 2012.

Subsidiary Activities

Magyar Bank organized Magbank Investment Company on August 15, 2006 as a New Jersey investment corporation subsidiary for the purpose of buying, selling and holding investment securities. The income earned on Magbank Investment Company’s investment securities is subject to a significantly lower state tax than that assessed on income earned on investment securities maintained at Magyar Bank.

Hungaria Urban Renewal, LLC is a Delaware limited-liability corporation established in 2002 as a qualified intermediary operating for the purpose of acquiring and developing Magyar Bank’s new main office. On January 24, 2006, Magyar Bank exercised a purchase option within its lease from Hungaria Urban Renewal, LLC allowing Magyar Bank to purchase the land and building from this entity. Magyar Bank acquired a 100% interest in Hungaria Urban Renewal, LLC, which will have no other business other than owning Magyar Bank’s main office site. As part of a tax abatement agreement with the City of New Brunswick, Magyar Bank’s new office will remain in Hungaria Urban Renewal, LLC’s name.

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Magyar Service Corp., a New Jersey corporation, is a wholly owned subsidiary of Magyar Bank. Magyar Service Corp. offers Magyar Bank customers and others a complete range of non-deposit investment products and financial planning services, including insurance products, fixed and variable annuities, and retirement planning for individual and commercial customers.

Personnel

At September 30, 2012, we employed 79 full-time employees and 16 part-time employees. Our employees are not represented by any collective bargaining group. Management believes that we have good relations with our employees.

FEDERAL AND STATE TAXATION

Federal Taxation

General. Magyar Bancorp, Inc. and Magyar Bank are subject to federal income taxation in the same general manner as other corporations, with some exceptions discussed below. Magyar Bank’s federal tax returns are not currently under audit, and Magyar Bank has not been audited during the past five years. The following discussion of federal taxation is intended only to summarize certain pertinent federal income tax matters and is not a comprehensive description of the tax rules applicable to Magyar Bancorp, Inc. or Magyar Bank.

Method of Accounting. For federal income tax purposes, Magyar Bancorp, Inc. reports its income and expenses on the accrual method of accounting and uses a tax year ending September 30 for filing its federal and state income tax returns.

Bad Debt Reserves. Historically, Magyar Bank has been subject to special provisions in the tax law regarding allowable tax bad debt deductions and related reserves. Tax law changes were enacted in 1996, pursuant to the Small Business Protection Act of 1996 (the “1996 Act”), that eliminated the use of the percentage of taxable income method for computing tax bad debt deductions for tax years after 1995, and required recapture into taxable income over a six-year period all applicable excess bad debt reserves accumulated after 1988.

Currently, Magyar Bank uses the direct charge off method to account for bad debt deductions for income tax purposes.

Taxable Distributions and Recapture. Prior to the 1996 Act, bad debt reserves created prior to January 1, 1988 (pre-base year reserves) were subject to recapture into taxable income if Magyar Bank failed to meet certain thrift asset and definitional tests.

At September 30, 2012, our total federal pre-base year reserve was approximately $1.3 million. However, under current law, pre-base year reserves remain subject to recapture if Magyar Bank makes certain non-dividend distributions, repurchases any of its stock, pays dividends in excess of tax earnings and profits, or ceases to maintain a bank charter.

Alternative Minimum Tax. The Internal Revenue Code imposes an alternative minimum tax (“AMT”) at a rate of 20% on a base of regular taxable income plus certain tax preferences (“alternative minimum taxable income” or “AMTI”). The AMT is payable to the extent such AMTI is in excess of an exemption amount and the AMT exceeds the regular income tax. Generally, AMT net operating losses can offset no more than 90% of AMTI. Certain payments of AMT may be used as credits against regular tax liabilities in future years. Magyar Bancorp, Inc. and Magyar Bank have been subject to the AMT in prior periods but have subsequently used most of these credits against regular tax liabilities.

Net Operating Loss Carryovers. At September 30, 2012, a financial institution was able to carry back net operating losses to the preceding five taxable years and forward to the succeeding 20 taxable years. At September 30, 2012, the Company had approximately $3.7 million of federal and $7.9 million of state net operating loss carry forwards available to offset future taxable income for tax reporting purposes. The federal net operating loss carry forwards will begin to expire in 2028, while the state net operating losses will begin to expire by 2015, if not used. Based on projections of future taxable income, the Company expects to be able to utilize all net operating loss carry forwards prior to their expiration.

Corporate Dividends-Received Deduction. Magyar Bancorp, Inc. may exclude from its federal taxable income 100% of dividends received from Magyar Bank as a wholly owned subsidiary. The corporate dividends-received deduction is 80% when the dividend is received from a corporation having at least 20% of its stock owned by the recipient corporation. A 70% dividends-received deduction is available for dividends received from corporations owned less than 20% by the recipient corporation.

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State Taxation

New Jersey State Taxation. The income of savings institutions in New Jersey, which is calculated based on federal taxable income, subject to certain adjustments, is subject to New Jersey tax. Magyar Bank, Magyar Service Corporation, and MagBank Investment Company file New Jersey corporate income tax returns. Magyar Bank, Magyar Service Corporation, and MagBank Investment Company are not currently under audit with respect to their New Jersey income tax returns nor have their respective state tax returns been audited for the past five years.

New Jersey tax law does not and has not allowed for a taxpayer to file a tax return on a combined or consolidated basis with another member of the affiliated group where there is common ownership. However, under recent tax legislation, if the taxpayer cannot demonstrate by clear and convincing evidence that the tax filing discloses the true earnings of the taxpayer on its business carried on in the State of New Jersey, the New Jersey Director of the Division of Taxation may, at the director’s discretion, require the taxpayer to file a consolidated return of the entire operations of the affiliated group or controlled group, including its own operations and income.

Delaware and New Jersey State Taxation. As a Delaware holding company not earning income in Delaware, Magyar Bancorp, Inc. is exempt from Delaware corporate income tax, but is required to file annual returns and pay annual fees and a franchise tax to the State of Delaware.

Magyar Bancorp, Inc. is subject to New Jersey corporate income taxes in the same manner as described above for Magyar Bank.

SUPERVISION AND REGULATION

General

Magyar Bank is a New Jersey-chartered savings bank, and its deposit accounts are insured up to applicable limits by the Federal Deposit Insurance Corporation under the Deposit Insurance Fund (“DIF”). Magyar Bank is subject to extensive regulation, examination and supervision by the Commissioner of the New Jersey Department of Banking and Insurance (the “Commissioner”) as the issuer of its charter, and by the Federal Deposit Insurance Corporation as deposit insurer and its primary federal regulator. Magyar Bank must file reports with the Commissioner and the Federal Deposit Insurance Corporation concerning its activities and financial condition, and it must obtain regulatory approval prior to entering into certain transactions, such as mergers with, or acquisitions of, other depository institutions and opening or acquiring branch offices. The Commissioner and the Federal Deposit Insurance Corporation conduct periodic examinations to assess Magyar Bank’s compliance with various regulatory requirements. This regulation and supervision establishes a comprehensive framework of activities in which a savings bank can engage and is intended primarily for the protection of the deposit insurance fund and depositors. The regulatory structure also gives the regulatory authorities extensive discretion in connection with their supervisory and enforcement activities and examination policies, including policies with respect to the classification of assets and the establishment of adequate loan loss reserves for regulatory purposes.

On April 22, 2010, Magyar Bank entered into agreements with the Federal Deposit Insurance Corporation and the New Jersey Department of Banking and Insurance which required 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 Federal Deposit Insurance Corporation and the New Jersey Department of Banking and Insurance of consent orders (the “Consent Orders”) against the Bank relating to certain findings from an examination of the Bank that occurred in 2009. Copies of the Consent Orders were attached as exhibits to a Current Report on Form 8-K, which was filed with the SEC on April 23, 2010 and which is incorporated by reference into this Annual Report on Form 10-K. In entering into the stipulation and consenting to entry of the Consent Orders, the Bank did not concede the findings or admit to any of the assertions therein. The Consent Orders imposed no fines or penalties upon the Bank.

On March 2, 2012 the Bank was informed in writing by the Federal Deposit Insurance Corporation and the New Jersey Department of Banking and Insurance, that the Consent Order had been terminated. The FDIC and the Department cited the substantial compliance with the Order by the Bank as the reason for the termination of the Order.

Magyar Bancorp, Inc., as a bank holding company controlling Magyar Bank, is subject to the Bank Holding Company Act of 1956, as amended (“BHCA”), and the rules and regulations of the Federal Reserve Board under the BHCA and to the provisions of the New Jersey Banking Act of 1948 (the “New Jersey Banking Act”), and to the regulations of the Commissioner under the New Jersey Banking Act applicable to bank holding companies. Magyar Bank and Magyar Bancorp, Inc. are required to file reports with, and otherwise comply with the rules and regulations of the Federal Reserve Board and the Commissioner. Magyar Bancorp, Inc. is required to file certain reports with, and otherwise comply with, the rules and regulations of the Securities and Exchange Commission under the federal securities laws.

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Any change in such laws and regulations, whether by the Commissioner, the Federal Deposit Insurance Corporation, the Federal Reserve Board or through legislation, could have a material adverse impact on Magyar Bank and Magyar Bancorp, Inc. and their operations and stockholders.

Certain of the laws and regulations applicable to Magyar Bank and Magyar Bancorp, Inc. are summarized below. These summaries do not purport to be complete and are qualified in their entirety by reference to such laws and regulations.

New Federal Legislation

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the “Dodd-Frank Act”) created a new Consumer Financial Protection Bureau with broad powers to supervise and enforce consumer protection laws. The Consumer Financial Protection Bureau has broad rule-making authority for a wide range of consumer protection laws that apply to all banks and savings institutions such as Magyar Bank, including the authority to prohibit “unfair, deceptive or abusive” acts and practices. The Consumer Financial Protection Bureau has examination and enforcement authority over all banks and savings institutions with more than $10 billion in assets. Banks and savings institutions with $10 billion or less in assets, such as Magyar Bank, will be examined by their applicable bank regulators. The new legislation also weakens the federal preemption available for national banks and federal savings associations, and gives state attorneys general the ability to enforce applicable federal consumer protection laws.

The legislation also broadened the base for Federal Deposit Insurance Corporation insurance assessments. Assessments are now based on the average consolidated total assets less tangible equity capital of a financial institution. The Dodd-Frank Act also permanently increased the maximum amount of deposit insurance for banks, savings institutions and credit unions to $250,000 per depositor, retroactive to January 1, 2008, and non-interest bearing transaction accounts have unlimited deposit insurance through December 31, 2013. The Dodd-Frank Act increased stockholder influence over boards of directors by requiring companies to give stockholders a non-binding vote on executive compensation and so-called “golden parachute” payments, and authorizing the Securities and Exchange Commission to promulgate rules that would allow stockholders to nominate and solicit votes for their own candidates using a company’s proxy materials. The legislation also directed the Federal Reserve Board to promulgate rules prohibiting excessive compensation paid to bank holding company executives, regardless of whether the company is publicly traded or not. The Dodd-Frank Act also provided for originators of certain securitized loans to retain a percentage of the risk, directed the Federal Reserve Board to regulate pricing of certain debit card interchange fees, contained a number of reforms related to mortgage originations and authorized depository institutions to pay interest on business checking accounts.

New Jersey Banking Regulation

Activity Powers. Magyar Bank derives its lending, investment and other activity powers primarily from the applicable provisions of the New Jersey Banking Act and its related regulations. Under these laws and regulations, savings banks, including Magyar Bank, generally may invest in:

real estate mortgages;

consumer and commercial loans;

specific types of debt securities, including certain corporate debt securities and obligations of federal, state and local governments and agencies;

certain types of corporate equity securities; and

certain other assets.

A savings bank may also make other investments pursuant to “leeway” authority that permits investments not otherwise permitted by the New Jersey Banking Act. “Leeway” investments must comply with a number of limitations on the individual and aggregate amounts of “leeway” investments. A savings bank may also exercise trust powers upon approval of the Commissioner. New Jersey savings banks may exercise those powers, rights, benefits or privileges authorized for national banks or out-of-state banks or for federal or out-of-state savings banks or savings associations, provided that before exercising any such power, right, benefit or privilege, prior approval by the Commissioner by regulation or by specific authorization is required. The exercise of these lending, investment and activity powers are limited by federal law and regulations. See “Federal Banking Regulation-Activity Restrictions on State-Chartered Banks” below.

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Loans-to-One-Borrower Limitations. With certain specified exceptions, a New Jersey-chartered savings bank may not make loans or extend credit to a single borrower or to entities related to the borrower in an aggregate amount that would exceed 15% of the bank’s capital funds. A savings bank may lend an additional 10% of the bank’s capital funds if secured by collateral meeting the requirements of the New Jersey Banking Act. Magyar Bank currently complies with applicable loans-to-one-borrower limitations.

Dividends. Under the New Jersey Banking Act, a stock savings bank may declare and pay a dividend on its capital stock only to the extent that the payment of the dividend would not impair the capital stock of the savings bank. In addition, a stock savings bank may not pay a dividend unless the savings bank would, after the payment of the dividend, have a surplus of not less than 50% of its capital stock, or alternatively, the payment of the dividend would not reduce the surplus. Federal law may also limit the amount of dividends that may be paid by Magyar Bank. See “Federal Banking Regulation-Prompt Corrective Action” below.

Minimum Capital Requirements. Regulations of the Commissioner impose on New Jersey-chartered depository institutions, including Magyar Bank, minimum capital requirements similar to those imposed by the Federal Deposit Insurance Corporation on insured state banks. See “Federal Banking Regulation-Capital Requirements.”

Examination and Enforcement. The New Jersey Department of Banking and Insurance may examine Magyar Bank whenever it deems an examination advisable. The New Jersey Department of Banking and Insurance examines Magyar Bank at least every two years. The Commissioner may order any savings bank to discontinue any violation of law or unsafe or unsound business practice and may direct any director, officer, attorney or employee of a savings bank engaged in an objectionable activity, after the Commissioner has ordered the activity to be terminated, to show cause at a hearing before the Commissioner why such person should not be removed. The Commissioner also has authority to appoint a conservator or receiver for a savings bank under certain circumstances such as insolvency or unsafe or unsound condition to transact business.

Federal Banking Regulation

Capital Requirements. The Federal Deposit Insurance Corporation regulations establish a minimum leverage capital requirement for banks in the strongest financial and managerial condition, with a rating of 1 (the highest examination rating of the Federal Deposit Insurance Corporation for banks) under the Uniform Financial Institutions Rating System, of not less than a ratio of 3.0% of Tier 1 capital to total assets. For all other banks, the minimum leverage capital requirement is 4.0%, unless a higher leverage capital ratio is warranted by the particular circumstances or risk profile of the depository institution.

The Federal Deposit Insurance Corporation regulations also require that banks meet a risk-based capital standard. The risk-based capital standard requires the maintenance of a ratio of total capital, which is defined as the sum of Tier 1 capital and Tier 2 capital, to risk-weighted assets of at least 8% and a ratio of Tier 1 capital to risk-weighted assets of at least 4%. In determining the amount of risk-weighted assets, all assets, plus certain off balance sheet items, are multiplied by a risk-weight of 0% to 200%, based on the risks the Federal Deposit Insurance Corporation believes are inherent in the type of asset or item. In assessing an institution’s capital adequacy, the Federal Deposit Insurance Corporation takes into consideration, not only numeric factors, but also qualitative factors and has the authority to establish higher individual capital requirements for institutions when deemed necessary.

The federal banking agencies, including the Federal Deposit Insurance Corporation, have also adopted regulations to require an assessment of an institution’s exposure to declines in the economic value of a bank’s capital due to changes in interest rates when assessing the bank’s capital adequacy. Institutions with significant interest rate risk may be required to hold additional capital.

On June 6, 2012, the Federal Deposit Insurance Corporation and the other federal bank regulatory agencies issued a series of proposed rules that would revise their leverage and risk-based capital requirements and the method for calculating risk-weighted assets to make them consistent with agreements that were reached by the Basel Committee on Banking Supervision and certain provisions of the Dodd-Frank Act. The proposed rules would apply to all depository institutions, top-tier bank holding companies with total consolidated assets of $500 million or more and top-tier savings and loan holding companies. Among other things, the proposed rules establish a new common equity Tier 1 minimum capital requirement (4.5% of risk-weighted assets) and a higher minimum Tier 1 capital to risk-based assets requirement (6% of risk-weighted assets) and assign higher risk weightings (150%) to exposures that are more than 90 days past due or are on nonaccrual status and certain commercial real estate facilities that finance the acquisition, development or construction of real property. The proposed rules also require unrealized gains and losses on certain securities holdings to be included for purposes of calculating regulatory capital requirements. The proposed rules limit a banking organization’s capital distributions and certain discretionary bonus payments if the banking organization does not hold a “capital conservation buffer” consisting of a specified amount of common equity Tier 1 capital in addition to the amount necessary to meet its minimum risk-based capital requirements. The proposed rules indicated that the final rules would become effective on January 1, 2013, and the changes set forth in the final rules will be phased in from January 1, 2013 through January 1, 2019. However, the agencies have recently indicated that, due to the volume of public comments received, any final rule would be delayed past January 1, 2013.

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Among the corrective actions required in the Consent Orders 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%. A capital plan was submitted on a timely basis to the Federal Deposit Insurance Corporation and New Jersey Department of Banking of Insurance detailing the manner and timing in which the Bank will achieve the capital ratios.

On March 2, 2012 the Bank was informed in writing by the Federal Deposit Insurance Corporation and the New Jersey Department of Banking and Insurance, that the Consent Order had been terminated. In connection with the termination, the Bank is to maintain 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%. At September 30, 2012, Magyar Bank’s Tier 1 capital as a percentage of the Bank's total assets was 8.40% and the total qualifying capital as a percentage of risk-weighted assets was 13.21%.

Prompt Corrective Action. The Federal Deposit Improvement Act also established a system of prompt corrective action to resolve the problems of undercapitalized institutions. The Federal Deposit Insurance Corporation, as well as the other federal banking regulators, adopted regulations governing the supervisory actions that may be taken against undercapitalized institutions. The regulations establish five categories, consisting of “well capitalized,” “adequately capitalized,” “undercapitalized,” “significantly undercapitalized” and “critically undercapitalized.” The Federal Deposit Insurance Corporation’s regulations define the five capital categories as follows:

An institution will be treated as “well-capitalized” if:

its ratio of total capital to risk-weighted assets is at least 10%;

its ratio of Tier 1 capital to risk-weighted assets is at least 6%; and

its ratio of Tier 1 capital to total assets is at least 5%, and it is not subject to any order or directive by the Federal Deposit Insurance Corporation to meet a specific capital level; and is not subject to any written agreement, order, or capital directive issued by the Federal Deposit Insurance Corporation to meet and maintain a specific capital level.

An institution will be treated as “adequately capitalized” if:

its ratio of total capital to risk-weighted assets is at least 8%; or

its ratio of Tier 1 capital to risk-weighted assets is at least 4%; and

its ratio of Tier 1 capital to total assets is at least 4% (3% if the bank receives the highest rating under the Uniform Financial Institutions Rating System) and it is not a well-capitalized institution.

An institution will be treated as “undercapitalized” if:

its total risk-based capital is less than 8%; or

its Tier 1 risk-based-capital is less than 4%; and

its leverage ratio is less than 4% (or less than 3% if the institution receives the highest rating under the Uniform Financial Institutions Rating System).

An institution will be treated as “significantly undercapitalized” if:

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its total risk-based capital is less than 6%;

its Tier 1 capital is less than 3%; or

its leverage ratio is less than 3%.

An institution that has a tangible capital to total assets ratio equal to or less than 2% would be deemed to be “critically undercapitalized.”

Undercapitalized institutions are subject to a variety of mandatory supervisory measures including the requirement to file a capital plan for the Federal Deposit Insurance Corporation’s approval and dividend restrictions as well as other discretionary actions by the regulator.

The Federal Deposit Insurance Corporation is required, with some exceptions, to appoint a receiver or conservator for an insured state bank if that bank is “critically undercapitalized.” For this purpose, “critically undercapitalized” means having a ratio of tangible capital to total assets of less than 2%. The Federal Deposit Insurance Corporation may also appoint a conservator or receiver for a state bank on the basis of the institution’s financial condition or upon the occurrence of certain events, including:

insolvency, or when the assets of the bank are less than its liabilities to depositors and others;

substantial dissipation of assets or earnings through violations of law or unsafe or unsound practices;

existence of an unsafe or unsound condition to transact business;

likelihood that the bank will be unable to meet the demands of its depositors or to pay its obligations in the normal course of business; and

insufficient capital, or the incurring or likely incurring of losses that will deplete substantially all of the institution’s capital with no reasonable prospect of replenishment of capital without federal assistance.

The recently proposed rules that would increase regulatory capital requirements would adjust the prompt corrective action categories accordingly.

Activity Restrictions on State-Chartered Banks. Federal law and Federal Deposit Insurance Corporation regulations generally limit the activities and investments of state-chartered Federal Deposit Insurance Corporation-insured banks and their subsidiaries to those permissible for national banks and their subsidiaries, unless such activities and investments are specifically exempted by law or consented to by the Federal Deposit Insurance Corporation.

Before making a new investment or engaging in a new activity that is not permissible for a national bank or otherwise permissible under federal law or the Federal Deposit Insurance Corporation regulations, an insured bank must seek approval from the Federal Deposit Insurance Corporation to make such investment or engage in such activity. The Federal Deposit Insurance Corporation will not approve the activity unless the bank meets its minimum capital requirements and the Federal Deposit Insurance Corporation determines that the activity does not present a significant risk to the DIF. Certain activities of subsidiaries that are engaged in activities permitted for national banks only through a “financial subsidiary” are subject to additional restrictions.

Federal law permits a state-chartered savings bank to engage, through financial subsidiaries, in any activity in which a national bank may engage through a financial subsidiary and on substantially the same terms and conditions. In general, the law permits a national bank that is well-capitalized and well-managed to conduct, through a financial subsidiary, any activity permitted for a financial holding company other than insurance underwriting, insurance investments, real estate investment or development or merchant banking. The total assets of all such financial subsidiaries may not exceed the lesser of 45% of the bank’s total assets or $50 million. The bank must have policies and procedures to assess the financial subsidiary’s risk and protect the bank from such risk and potential liability, must not consolidate the financial subsidiary’s assets with the bank’s and must exclude from its own assets and equity all equity investments, including retained earnings, in the financial subsidiary. State-chartered savings banks may retain subsidiaries in existence as of March 11, 2000 and may engage in activities that are not authorized under federal law. Although Magyar Bank meets all conditions necessary to establish and engage in permitted activities through financial subsidiaries, it has not yet determined whether or the extent to which it will seek to engage in such activities.

Federal Home Loan Bank System. Magyar Bank is a member of the Federal Home Loan Bank system, which consists of twelve regional federal home loan banks, each subject to supervision and regulation by the Federal Housing Finance Board (“FHFB”). The federal home loan banks provide a central credit facility primarily for member thrift institutions as well as other entities involved in home mortgage lending. Magyar Bank, as a member of the Federal Home Loan Bank of New York, is required to purchase and hold shares of capital stock in the Federal Home Loan Bank of New York in specified amounts.

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As of September 30, 2012, Magyar Bank was in compliance with these requirements.

Enforcement. The Federal Deposit Insurance Corporation has extensive enforcement authority over insured savings banks, including Magyar Bank. This enforcement authority includes, among other things, the ability to assess civil money penalties, to issue cease and desist orders and to remove directors and officers. In general, these enforcement actions may be initiated in response to violations of laws and regulations and to unsafe or unsound practices.

Deposit Insurance. Magyar Bank is a member of the Deposit Insurance Fund, which is administered by the Federal Deposit Insurance Corporation. Deposit accounts at Magyar Bank are insured by the Federal Deposit Insurance Corporation, generally up to a maximum of $250,000 for each separately insured depositor.

The Federal Deposit Insurance Corporation assesses insurance premiums based on the category to which an institution is assigned. Under this assessment system, the Federal Deposit Insurance Corporation evaluates the risk of each financial institution based on its supervisory rating, financial ratios, and assessments are based on the institution’s category, with institutions perceived as less risky to the deposit insurance fund paying lower assessments.

Effective April 1, 2011, the FDIC Board changed the assessment base from adjusted domestic deposits to a bank’s average consolidated total assets minus average Tier 1 capital, as required by the Dodd-Frank Act. The FDIC lowered assessment rates to between 2.5 and 9 basis points on the broader base for banks in the lowest risk category, and to 30 to 45 basis points for banks in the highest risk category. The final rule eliminated the adjustment to the rate paid for secured liabilities, including Federal Home Loan Bank advances, since these are now part of the new assessment base.

On November 12, 2009, the FDIC approved a final rule requiring insured depository institutions to prepay, on December 30, 2009, their estimated quarterly risk-based assessments for the fourth quarter of 2009, and for all of 2010, 2011, and 2012. Estimated assessments for the fourth quarter of 2009 and for all of 2010 were based upon the assessment rate in effect on September 30, 2009, with three basis points added for the 2011 and 2012 assessment rates. In addition, a 5% annual growth in the assessment base was assumed. Prepaid assessments are to be applied against the actual quarterly assessments until exhausted, and may not be applied to any special assessments that may occur in the future. Any unused prepayments will be returned to the institution on June 30, 2013. On December 30, 2009, Magyar Bank prepaid $3.8 million in estimated assessment fees for the fourth quarter of 2009 through 2012.

The deposit insurance assessment rates are in addition to the assessments for payments on the bonds issued in the late 1980s by the Financing Corporation, or FICO, to recapitalize the now defunct Federal Savings and Loan Insurance Corporation. The FICO payments will continue until the FICO bonds mature in 2017 through 2019. Our expense for the assessment of deposit insurance and the FICO payments was $706,000 for the year ended September 30, 2012 and $1.1 million for the year ended September 30, 2011.

Insurance of deposits may be terminated by the Federal Deposit Insurance Corporation upon a finding that an institution has engaged in unsafe or unsound practices, is in an unsafe or unsound condition to continue operations or has violated any applicable law, regulation, rule, order or condition imposed by the Federal Deposit Insurance Corporation. The Association does not believe that it is taking or is subject to any action, condition or violation that could lead to termination of its deposit insurance.

Transactions with Affiliates of Magyar Bank. Magyar Bank’s authority to engage in transactions with its affiliates is limited by Sections 23A and 23B of the Federal Reserve Act and its implementing Regulation W promulgated by the Board of Governors of the Federal Reserve System. An affiliate is a company that controls, is controlled by, or is under common control with an insured depository institution such as Magyar Bancorp, Inc. and Magyar Bancorp, MHC. In general, loan transactions between an insured depository institution and its affiliates are subject to certain quantitative and collateral requirements. In this regard, transactions between an insured depository institution and its affiliates are limited to 10% of the institution’s unimpaired capital and unimpaired surplus for transactions with any one affiliate and 20% of unimpaired capital and unimpaired surplus for transactions in the aggregate with all affiliates. Collateral of specific types and in specified amounts ranging from 100% to 130% of the amount of the transaction must usually be provided by affiliates in order to receive loans from the savings association. In addition, transactions with affiliates must be consistent with safe and sound banking practices, not involve low-quality assets and be on terms that are as favorable to the institution as comparable transactions with non-affiliates. Magyar Bank is in compliance with these requirements.

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Prohibitions Against Tying Arrangements. Banks are subject to the prohibitions of 12 U.S.C. Section 1972 on certain tying arrangements. A depository institution is prohibited, subject to some exceptions, from extending credit to or offering any other service, or fixing or varying the consideration for such extension of credit or service, on the condition that the customer obtain some additional service from the institution or its affiliates or not obtain services of a competitor of the institution.

Community Reinvestment Act and Fair Lending Laws. All Federal Deposit Insurance Corporation insured institutions have a responsibility under the Community Reinvestment Act and related regulations to help meet the credit needs of their communities, including low- and moderate-income neighbourhoods. In connection with its examination of a state chartered savings bank, the Federal Deposit Insurance Corporation is required to assess the institution’s record of compliance with the Community Reinvestment Act. Among other things, the current Community Reinvestment Act regulations replace the prior process-based assessment factors with a new evaluation system that rates an institution based on its actual performance in meeting community needs. In particular, the current evaluation system focuses on three tests:

a lending test, to evaluate the institution’s record of making loans in its service areas;

an investment test, to evaluate the institution’s record of investing in community development projects, affordable housing, and programs benefiting low or moderate income individuals and businesses; and

a service test, to evaluate the institution’s delivery of services through its branches, ATMs and other offices.

An institution’s failure to comply with the provisions of the Community Reinvestment Act could, at a minimum, result in regulatory restrictions on its activities. We received an “outstanding” Community Reinvestment Act rating in our most recently completed federal examination, which was conducted by the Federal Deposit Insurance Corporation in 2010.

In addition, the Equal Credit Opportunity Act and the Fair Housing Act prohibit lenders from discriminating in their lending practices on the basis of characteristics specified in those statutes. The failure to comply with the Equal Credit Opportunity Act and the Fair Housing Act could result in enforcement actions by the Federal Deposit Insurance Corporation, as well as other federal regulatory agencies and the Department of Justice.

Loans to a Bank’s Insiders

Federal Regulation. A bank’s loans to its executive officers, directors, any owner of 10% or more of its stock (each, an insider) and any of certain entities affiliated with any such person (an insider’s related interest) are subject to the conditions and limitations imposed by Section 22(h) of the Federal Reserve Act and its implementing regulations. Under these restrictions, the aggregate amount of the loans to any insider and the insider’s related interests may not exceed the loans-to-one-borrower limit applicable to national banks, which is comparable to the loans-to-one-borrower limit applicable to Magyar Bank’s loans. See “New Jersey Banking Regulation—Loans-to-One Borrower Limitations.” All loans by a bank to all insiders and insiders’ related interests in the aggregate may not exceed the bank’s unimpaired capital and unimpaired surplus. With certain exceptions, loans to an executive officer, other than loans for the education of the officer’s children and certain loans secured by the officer’s residence, may not exceed the lesser of (1) $100,000 or (2) the greater of $25,000 or 2.5% of the bank’s unimpaired capital and surplus. Federal regulation also requires that any proposed loan to an insider or a related interest of that insider be approved in advance by a majority of the Board of Directors of the bank, with any interested directors not participating in the voting, if such loan, when aggregated with any existing loans to that insider and the insider’s related interests, would exceed either (1) $250,000 or (2) the greater of $25,000 or 5% of the bank’s unimpaired capital and surplus. Generally, such loans must be made on substantially the same terms as, and follow credit underwriting procedures that are not less stringent than, those that are prevailing at the time for comparable transactions with other persons.

An exception is made for extensions of credit made pursuant to a benefit or compensation plan of a bank that is widely available to employees of the bank and that does not give any preference to insiders of the bank over other employees of the bank.

In addition, federal law prohibits extensions of credit to a bank’s insiders and their related interests by any other institution that has a correspondent banking relationship with the bank, unless such extension of credit is on substantially the same terms as those prevailing at the time for comparable transactions with other persons and does not involve more than the normal risk of repayment or present other unfavourable features.

New Jersey Regulation. Provisions of the New Jersey Banking Act impose conditions and limitations on the liabilities to a savings bank of its directors and executive officers and of corporations and partnerships controlled by such persons, that are comparable in many respects to the conditions and limitations imposed on the loans and extensions of credit to insiders and their related interests under federal law, as discussed above. The New Jersey Banking Act also provides that a savings bank that is in compliance with federal law is deemed to be in compliance with such provisions of the New Jersey Banking Act.

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Federal Reserve System

Federal Reserve Board regulations require all depository institutions to maintain reserves at specified levels against their transaction accounts (primarily NOW and regular checking accounts). At September 30, 2012, Magyar Bank was in compliance with the Federal Reserve Board’s reserve requirements. Savings banks, such as Magyar Bank, are authorized to borrow from the Federal Reserve Bank “discount window.” Magyar Bank is deemed by the Federal Reserve Board to be generally sound and thus is eligible to obtain secondary credit from its Federal Reserve Bank. Generally, secondary credit is extended on a very short-term basis to meet the liquidity needs of the institution. Loans must be secured by acceptable collateral and carry a rate of interest above the Federal Open Market Committee’s federal funds target rate.

The USA PATRIOT Act

The USA PATRIOT Act gives the federal government new powers to address terrorist threats through enhanced domestic security measures, expanded surveillance powers, increased information sharing and broadened anti-money laundering requirements. The USA PATRIOT Act also requires the federal banking agencies to take into consideration the effectiveness of controls designed to combat money laundering activities in determining whether to approve a merger or other acquisition application of a member institution. Accordingly, if we engage in a merger or other acquisition, our controls designed to combat money laundering would be considered as part of the application process. We have established policies, procedures and systems designed to comply with these regulations.

Sarbanes-Oxley Act of 2002

The Sarbanes-Oxley Act of 2002 (“SOX”) is a law that addresses, among other issues, corporate governance, auditing and accounting, executive compensation, and enhanced and timely disclosure of corporate information. As directed by Section 302(a) of Sarbanes-Oxley Act of 2002, Magyar Bancorp, Inc.’s Chief Executive Officer and Chief Financial Officer each are required to certify that its quarterly and annual reports do not contain any untrue statement of a material fact. The rules have several requirements, including having these officers certify that: they are responsible for establishing, maintaining and regularly evaluating the effectiveness of our internal controls; they have made certain disclosures to our auditors and the audit committee of the Board of Directors about our internal controls; and they have included information in our quarterly and annual reports about their evaluation and whether there have been significant changes in our internal controls or in other factors that could significantly affect internal controls. Magyar Bancorp, Inc. has existing policies, procedures and systems designed to comply with these regulations, and is further enhancing and documenting such policies, procedures and systems to ensure continued compliance with these regulations.

Section 404(b) requires independent auditors to report on management’s assessment of internal controls over financial reporting. The 2010 Dodd-Frank Act provided an exemption on compliance with Sarbanes-Oxley Act (SOX) Section 404(b) for companies with less than $75 million in market capitalization. The inclusion of the exemption in the final reform legislation permanently exempted the auditor attestation requirement and significantly reduced the anticipated compliance burdens of smaller reporting companies. Disclosure of management attestations on internal control over financial reporting will continue to be required for smaller reporting companies.

Holding Company Regulation

Federal Regulation. Magyar Bancorp, Inc. is regulated as a bank holding company. Bank holding companies are subject to examination, regulation and periodic reporting under the Bank Holding Company Act, as administered by the Federal Reserve Board. The Federal Reserve Board has adopted capital adequacy guidelines for bank holding companies on a consolidated basis substantially similar to, though somewhat more lenient, those of the Federal Deposit Insurance Corporation for Magyar Bank. As of September 30, 2012, Magyar Bancorp, Inc.’s total capital and Tier 1 capital ratios exceeded these minimum capital requirements. The Dodd-Frank Act requires that the Federal Reserve Board amend its minimum capital requirements for bank holding companies to make them no less stringent than those applicable to insured depository institutions themselves. That will require the elimination of certain instruments from tier 1 capital that are currently includable for bank holding companies. The previously referenced proposed capital rules would implement this requirement of the Dodd-Frank Act.

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Regulations of the Federal Reserve Board provide that a bank holding company must serve as a source of strength to any of its subsidiary banks and must not conduct its activities in an unsafe or unsound manner. The Dodd-Frank Act codified the source of strength policy and requires the promulgation of implementing regulations. Under the prompt corrective action provisions of the Federal Deposit Insurance Act, a bank holding company parent of an undercapitalized subsidiary bank would be directed to guarantee, within limitations, the capital restoration plan that is required of such an undercapitalized bank. See “Federal Banking Regulation—Prompt Corrective Action.” If the undercapitalized bank fails to file an acceptable capital restoration plan or fails to implement an accepted plan, the Federal Reserve Board may prohibit the bank holding company parent of the undercapitalized bank from paying any dividend or making any other form of capital distribution without the prior approval of the Federal Reserve Board.

As a bank holding company, Magyar Bancorp, Inc. is required to obtain the prior approval of the Federal Reserve Board to acquire all, or substantially all, of the assets of any bank or bank holding company. Prior Federal Reserve Board approval is required for Magyar Bancorp, Inc. to acquire direct or indirect ownership or control of any voting securities of any bank or bank holding company if, after giving effect to such acquisition, it would, directly or indirectly, own or control more than 5% of any class of voting shares of such bank or bank holding company.

A bank holding company is required to give the Federal Reserve Board prior written notice of any purchase or redemption of its outstanding equity securities if the gross consideration for the purchase or redemption, when combined with the net consideration paid for all such purchases or redemptions during the preceding 12 months, will be equal to 10% or more of the company’s consolidated net worth. The Federal Reserve Board may disapprove such a purchase or redemption if it determines that the proposal would constitute an unsafe and unsound practice, or would violate any law, regulation, Federal Reserve Board order or directive, or any condition imposed by, or written agreement with, the Federal Reserve Board. Such notice and approval is not required for a bank holding company that would be treated as “well capitalized” under applicable regulations of the Federal Reserve Board, that has received a composite “1” or “2” rating, as well as a “satisfactory” rating for management, at its most recent bank holding company inspection by the Federal Reserve Board, and that is not the subject of any unresolved supervisory issues.

In addition, a bank holding company that does not elect to be a financial holding company under federal regulation, is generally prohibited from engaging in, or acquiring direct or indirect control of any company engaged in non-banking activities. One of the principal exceptions to this prohibition is for activities found by the Federal Reserve Board to be so closely related to banking or managing or controlling banks as to be permissible. Some of the principal activities that the Federal Reserve Board has determined by regulation to be so closely related to banking as to be permissible are:

making or servicing loans;

performing certain data processing services;

providing discount brokerage services, or acting as fiduciary, investment or financial advisor;

leasing personal or real property;

making investments in corporations or projects designed primarily to promote community welfare; and

acquiring a savings and loan association.

Bank holding companies that elect to be a financial holding company may engage in activities that are financial in nature or incident to activities which are financial in nature, including investment banking and insurance underwriting. Magyar Bancorp, Inc. has not elected to be a financial holding company, although it may seek to do so in the future. Bank holding companies may elect to become a financial holding company if:

each of its depository institution subsidiaries is “well capitalized;”

each of its depository institution subsidiaries is “well managed;”

each of its depository institution subsidiaries has at least a “satisfactory” Community Reinvestment Act rating at its most recent examination; and

the bank holding company has filed a certification with the Federal Reserve Board stating that it elects to become a financial holding company.

Under federal law, depository institutions are liable to the Federal Deposit Insurance Corporation for losses suffered or anticipated by the Federal Deposit Insurance Corporation in connection with the default of a commonly controlled depository institution or any assistance provided by the Federal Deposit Insurance Corporation to such an institution in danger of default. This law would be applicable potentially to Magyar Bancorp, Inc. if it ever acquired as a separate subsidiary a depository institution in addition to Magyar Bank.

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It has been the policy of many mutual holding companies to waive the receipt of dividends declared by its subsidiary. In connection with its approval of the reorganization, however, the Federal Reserve Board required Magyar Bancorp, MHC to obtain prior Federal Reserve Board approval before it may waive any dividends. As of the date hereof, Federal Reserve Board policy is to prohibit a mutual bank holding company from waiving the receipt of dividends from its holding company or bank subsidiary, and management is not aware of any instance in which the Federal Reserve Board has given its approval for a mutual bank holding company to waive dividends. It is not currently intended that Magyar Bancorp, MHC will waive dividends declared by Magyar Bancorp, Inc. as long as Magyar Bancorp, MHC is regulated by the Federal Reserve Board.

Conversion of Magyar Bancorp, MHC to Stock Form. Magyar Bancorp, MHC is permitted to convert from the mutual form of organization to the capital stock form of organization (a “Conversion Transaction”). There can be no assurance when, if ever, a Conversion Transaction will occur, and the Board of Directors has no current intention or plan to undertake a Conversion Transaction. In a Conversion Transaction a new stock holding company may be formed as the successor to Magyar Bancorp, Inc. (the “New Holding Company”), Magyar Bancorp, MHC’s corporate existence would end, and certain depositors of Magyar Bank would receive the right to subscribe for additional shares of the New Holding Company. In a Conversion Transaction, each share of common stock held by stockholders other than Magyar Bancorp, MHC (“Minority Stockholders”) would be converted into a number of shares of common stock of the New Holding Company determined pursuant to an exchange ratio that ensures that Minority Stockholders own the same percentage of common stock in the New Holding Company as they owned in Magyar Bancorp, Inc. immediately before the Conversion Transaction, subject to any adjustment required by regulation or regulatory policy. The total number of shares held by Minority Stockholders after a Conversion Transaction also would be increased by any purchases by Minority Stockholders in the stock offering conducted as part of the Conversion Transaction.

Any Conversion Transaction would require the approval of a majority of the outstanding shares of Magyar Bancorp, Inc. common stock held by Minority Stockholders and the approval of a majority of the eligible votes of depositors of Magyar Bank.

New Jersey Regulation. Under the New Jersey Banking Act, a company owning or controlling a savings bank is regulated as a bank holding company. The New Jersey Banking Act defines the terms “company” and “bank holding company” as such terms are defined under the BHCA. Each bank holding company controlling a New Jersey-chartered bank or savings bank must file certain reports with the Commissioner and is subject to examination by the Commissioner.

Acquisition of Magyar Bancorp, Inc. Under federal law and under the New Jersey Banking Act, no person may acquire control of Magyar Bancorp, Inc. without first obtaining approval of such acquisition of control by the Federal Reserve Board and the Commissioner.

Federal Securities Laws. Magyar Bancorp, Inc. common stock is registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended. Magyar Bancorp, Inc. is subject to the information, proxy solicitation, insider trading restrictions and other requirements under the Securities Exchange Act of 1934.

The registration under the Securities Act of 1933 of shares of the common stock sold in the stock offering did not cover the resale of the shares. Shares of the common stock purchased by persons who are not affiliates of Magyar Bancorp, Inc. may be resold without registration. Shares purchased by an affiliate of Magyar Bancorp, Inc. will be subject to the resale restrictions of Rule 144 under the Securities Act of 1933. If Magyar Bancorp, Inc. meets the current public information requirements of Rule 144 under the Securities Act of 1933, each affiliate of Magyar Bancorp, Inc. who complies with the other conditions of Rule 144, including those that require the affiliate’s sale to be aggregated with those of other persons, would be able to sell in the public market, without registration, a number of shares not to exceed, in any three month period, the greater of 1% of the outstanding shares of Magyar Bancorp, Inc., or the average weekly volume of trading in the shares during the preceding four calendar weeks. Provision may be made in the future by Magyar Bancorp, Inc. to permit affiliates to have their shares registered for sale under the Securities Act of 1933.

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ITEM 1A.

Risk Factors

Recent Storm-Related Events May Have A Negative Impact on Future Earnings

We are in the process of assessing the impact of Hurricane Sandy that occurred in late October. The storm resulted in considerable damage throughout our market area, and may have adversely affected the collateral of some of our borrowers and, to a lesser extent, their ability to repay their obligations to the Bank. In addition, the storm temporarily interrupted our ability to provide services to our customers. These impacts could adversely affect future earnings.

Changes in Interest Rates May Hurt our Profits and Asset Values.

Our earnings largely depend on our net interest income, which could be negatively affected by changes in interest rates. Net interest income is the difference between:

the interest income we earn on our interest-earning assets, such as loans and securities; and

the interest expense we pay on our interest-bearing liabilities, such as deposits and borrowings.

The rates we earn on our assets and the rates we pay on our liabilities are generally fixed for a contractual period of time. While we have taken steps to attempt to reduce our exposure to increases in interest rates, historically our liabilities generally have shorter contractual maturities than our assets. This imbalance can create significant earnings volatility, because market interest rates change over time. In a period of rising interest rates, the interest income earned on our assets may not increase as rapidly as the interest paid on our liabilities. Likewise, in a period of falling interest rates, the interest expense paid on our liabilities may not decrease as rapidly as the interest income received on our assets. See “Management’s Discussion and Analysis of Financial Condition and Results of Operations-Management of Market Risk.”

In addition, changes in interest rates can affect the average life of loans and mortgage-backed securities. A reduction in interest rates causes increased prepayments of loans and mortgage-backed securities as borrowers tend to refinance their debt to reduce their borrowing costs. This creates reinvestment risk, which is the risk that we may not be able to reinvest the funds from faster prepayments at rates that are comparable to the rates we earned on the prepaid loans or securities. Additionally, increases in interest rates may decrease loan demand and/or make it more difficult for borrowers to repay adjustable-rate loans.

Changes in interest rates also affect the current market value of our interest-earning securities portfolio. Generally, the value of securities moves inversely with changes in interest rates. At September 30, 2012, the fair value of our total securities portfolio was $58.9 million. The unrealized net gain on securities totaled $1.5 million on a pre-tax basis at September 30, 2012.

We evaluate interest rate sensitivity using models that estimate the change in Magyar Bank’s net interest income over a range of interest rate scenarios. At September 30, 2012, in the event of an immediate 200 basis point increase in interest rates, the model projects that we would experience a $13,000, or 0.09%, decrease in net interest income in the first year following the change in interest rates, and a $156,000, or 1.05%, increase in net interest income in the second year following the change in interest rates. At September 30, 2012, in the event of an immediate 100 basis point decrease in interest rates, the model projects that we would experience an $332,000, or 2.21%, decrease in net interest income in the first year following the change in interest rates, and a $518,000, or 3.5%, decrease in net interest income in the second year following the change in interest rates.

At September 30, 2012, our available-for-sale securities portfolio totaled $16.8 million, which included $15.7 million of mortgage-backed securities. To the extent interest rates increase and the value of our available-for-sale portfolio decreases, our stockholders’ equity will be adversely affected.

Because We Intend to Continue our Emphasis on the Origination of Commercial Business Loans and Commercial Real Estate Loans, Our Lending Risk Has Increased in Recent Years and May Increase in Future Years.

At September 30, 2012, our portfolio of commercial business and commercial real estate loans totaled $178.7 million, or 46.0% of our total loans, compared to $157.2 million or 40.8% of our total loans at September 30, 2011 and $149.9 million or 36.7% of our total loans at September 30, 2010. It is our intent to continue to emphasize the origination of commercial business and commercial real estate loans. Commercial business and commercial real estate loans generally have more risk than one-to four-family residential mortgage loans. At September 30, 2012, our non-performing loans decreased to $20.1 million from $28.2 million at September 30, 2011. Because the repayment of these loans depends on the successful management and operation of the borrower’s properties or related businesses, repayment of these loans has been and may continue to be affected by adverse conditions in the real estate market or the local economy. Further, these loans typically have larger loan balances, and several of our borrowers have more than one commercial business and commercial real estate loan outstanding with us. Consequently, an adverse development with respect to one loan or one credit relationship can expose us to significantly greater risk of loss compared to an adverse development with respect to a one- to four-family residential mortgage loan. Finally, if we foreclose on a commercial business or commercial real estate loan, our holding period for the collateral, if any, typically is longer than for one- to four-family residential mortgage loans because there are fewer potential purchasers of the collateral. Because we plan to continue to emphasize the origination of these loans, it may be necessary to increase our allowance for loan losses because of the increased credit risk associated with these types of loans. Any increase to our allowance for loan losses would adversely affect our earnings.

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The Financial Sector Is Experiencing An Economic Downturn. A Deterioration of Our Current Non-performing Loans or An Increase In The Number of Non-performing Loans Will Have An Adverse Effect On Our Operations.

Virtually all of our real estate loans are secured by real estate in New Jersey. At September 30, 2012, loans secured by real estate, including home equity loans and lines of credit, represented 89.4% of our total loans. Both nationally and in the State of New Jersey we are experiencing an economic downturn that is having a significant impact on the prices of real estate and related assets. The residential and commercial real estate sectors have been adversely affected by weakening economic conditions, which may negatively impact our loan portfolio. Troubled debt restructuring and total non-performing assets decreased from $49.5 million at September 30, 2011 to $36.0 million at September 30, 2012. Troubled debt restructuring and total non-performing assets as a percentage of total assets decreased to 7.08% at September 30, 2012 as compared to 9.45% at September 30, 2011. If loans that are currently non-performing further deteriorate or loans that are currently performing become non-performing loans, we may need to increase our allowance for loan losses, which would have an adverse impact on our financial condition and results of operations.

If Our Allowance for Loan Losses is Not Sufficient to Cover Actual Loan Losses, Our Earnings Could Decrease.

Our allowance for loan losses may not be sufficient to cover losses inherent in our loan portfolio, requiring additions to our allowance, which could materially decrease our net income. Our allowance for loan losses was 0.99% of total loans and 19.2% of total non-performing loans at September 30, 2012. We make various assumptions and judgments about the collectability of our loan portfolio, including the creditworthiness of our borrowers and the value of the real estate and other assets serving as collateral for the repayment of many of our loans. In determining the amount of the allowance for loan losses, we review our loans and our loss and delinquency experience, and we evaluate economic conditions. Based on this review, we believe our allowance for loan losses is adequate to absorb losses in our loan portfolio as of September 30, 2012.

Bank regulators periodically review our allowance for loan losses and may require us to increase our provision for loan losses or recognize further loan charge-offs. Any increase in our allowance for loan losses or loan charge-offs as required by these regulatory authorities will have a material adverse effect on our financial condition and results of operations.

Strong Competition Within Our Market Area May Limit Our Growth and Profitability.

Competition in the banking and financial services industry is intense. In our market area, we compete with commercial banks, savings institutions, mortgage brokerage firms, credit unions, finance companies, mutual funds, insurance companies, and brokerage and investment banking firms operating locally and elsewhere. Some of our competitors have substantially greater resources and lending limits than we, have greater name recognition and market presence that benefit them in attracting business, and offer certain services that we do not or cannot provide. In addition, larger competitors may be able to price loans and deposits more aggressively than we do. Our profitability depends upon our continued ability to successfully compete in our market area. The greater resources and deposit and loan products offered by some of our competitors may limit our ability to increase our interest-earning assets. For additional information see “Business of Magyar Bank-Competition.”

If We Declare Dividends on Our Common Stock, Magyar Bancorp, MHC will be Prohibited From Waiving the Receipt of Dividends by Current Federal Reserve Board Policy, Which May Result in Lower Dividends for All Other Stockholders.

The Board of Directors of Magyar Bancorp, Inc. will have the authority to declare dividends on its common stock, subject to statutory and regulatory requirements. So long as Magyar Bancorp, MHC is regulated by the Federal Reserve Board, if Magyar Bancorp, Inc. pays dividends to its stockholders, it also will be required to pay dividends to Magyar Bancorp, MHC, unless Magyar Bancorp, MHC is permitted by the Federal Reserve Board to waive the receipt of dividends. The Federal Reserve Board’s current position is to not permit a mutual holding company to waive dividends declared by its subsidiary. Accordingly, because dividends will be required to be paid to Magyar Bancorp, MHC along with all other stockholders, the amount of dividends available for all other shareholders will be less than if Magyar Bancorp, MHC were permitted to waive the receipt of dividends.

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Magyar Bancorp, MHC Exercises Voting Control Over Magyar Bancorp, Inc.; Public Stockholders Own a Minority Interest.

Magyar Bancorp, MHC owns a majority of Magyar Bancorp, Inc.’s common stock and, through its Board of Directors, exercises voting control over the outcome of all matters put to a vote of stock holders (including the election of directors), except for matters that require a vote greater than a majority. Public stockholders own a minority of the outstanding shares of Magyar Bancorp, Inc.’s common stock. The same directors and officers who manage Magyar Bancorp, Inc. and Magyar Bank also manage Magyar Bancorp, MHC. In addition, regulatory restrictions applicable to Magyar Bancorp, MHC prohibit the sale of Magyar Bancorp, Inc. unless the mutual holding company first undertakes a second-step conversion.

We Operate In A Highly Regulated Environment And May Be Adversely Affected By Changes In Laws And Regulations.

Magyar Bank is subject to extensive regulation, supervision and examination by the New Jersey Department of Banking and Insurance, its chartering authority, and by the Federal Deposit Insurance Corporation, which insures Magyar Bank’s deposits. As a bank holding company, Magyar Bancorp, Inc. is subject to regulation and supervision by the Federal Reserve Board. Such regulation and supervision govern the activities in which financial institutions and their holding companies may engage and are intended primarily for the protection of the federal deposit insurance fund and depositors. These regulatory authorities have extensive discretion in connection with their supervisory and enforcement activities, including the imposition of restrictions on the operations of financial institutions, the classification of assets by financial institutions and the adequacy of financial institutions’ allowance for loan losses. Any change in such regulation and oversight, whether in the form of regulatory policy, regulations, or legislation, could have a material impact on Magyar Bank and Magyar Bancorp, Inc.

Magyar Bank’s operations are also subject to extensive regulation by other federal, state and local governmental authorities, and are subject to various laws and judicial and administrative decisions that impose requirements and restrictions on operations. These laws, rules and regulations are frequently changed by legislative and regulatory authorities. There can be no assurance that changes to existing laws, rules and regulations, or any other new laws, rules or regulations, will not be adopted in the future, which could make compliance more difficult or expensive or otherwise adversely affect our business, financial condition or prospects.

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ITEM 1B.

Unresolved Staff Comments

Not required for smaller reporting companies.

ITEM 2.

Properties

The following table provides certain information with respect to our six banking offices as of September 30, 2012:

		Original Year	Year of
Location	Leased or Owned	Leased or Acquired	Lease Expiration
Main Office:
400 Somerset Street	Owned	2005	–
New Brunswick, New Jersey

Full - Service Branches:
582 Milltown Road	Leased	2002	2021
North Brunswick, New Jersey

3050 State Route 27	Owned	1969	–
Kendall Park, New Jersey

1000 Route 202 South	Leased	2006	2031
Branchburg, New Jersey

475 North Bridge Street	Leased	2010	2025
Bridgewater, New Jersey

1167 Inman Avenue	Leased	2011	2026
Edison, New Jersey

The net book value of our premises, land and equipment was approximately $21.5 million at September 30, 2012.

For information regarding Magyar Bancorp, Inc.’s investment in mortgages and mortgage-related securities, see “Item 1. Business” herein.

ITEM 3.

Legal Proceedings

On December 14, 2011, Elizabeth E. Hance, the former President and Chief Executive Officer of the Company and the Bank, filed a lawsuit against the Company and its directors in the Superior Court of New Jersey, Middlesex County. The lawsuit alleges, among other things, breach of contract and employment discrimination in connection with Ms. Hance’s December 2009 separation from employment and seeks severance that she claims she was entitled to, as well as other compensatory and punitive damages. The Company believes that the failure to pay Ms. Hance severance was the result of applicable regulatory prohibitions, and intends to defend the suit vigorously.

ITEM 4.

Mine Safety Disclosures]

Not applicable.

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PART II

ITEM 5.

Market for Registrant’s Common Equity, Related Stockholder Matters, and Issuer Purchases of Equity Securities

(a) Our shares of common stock are traded on the NASDAQ Global Market under the symbol “MGYR.” At September 30, 2012, Magyar Bancorp, MHC owned 3,200,450 shares, or 54.03% of the issued shares of our common stock. The approximate number of holders of record of Magyar Bancorp, Inc.’s common stock as of September 30, 2012 was 554. Certain shares of Magyar Bancorp, Inc. are held in “nominee” or “street” name and accordingly, the number of beneficial owners of such shares is not known or included in the foregoing number. The following table presents quarterly market information for Magyar Bancorp, Inc. common stock for each quarter of the previous two fiscal years. Magyar Bancorp, Inc. began trading on the NASDAQ Global Market on January 24, 2006. The following information was provided by the NASDAQ Stock Market.

Fiscal Year Ended					Closing		Dividends
September 30, 2012	High		Low		Price		Declared

Quarter ended September 30, 2012	$	5.09	$	3.87	$	4.69	$	—
Quarter ended June 30, 2012		5.24		3.88		4.00		—
Quarter ended March 31, 2012		5.74		2.34		5.15		—
Quarter ended December 31, 2011		3.41		2.29		2.46		—

Fiscal Year Ended					Closing		Dividends
September 30, 2011	High		Low		Price		Declared

Quarter ended September 30, 2011	$	5.20	$	3.15	$	3.47	$	—
Quarter ended June 30, 2011		7.00		3.60		4.14		—
Quarter ended March 31, 2011		4.40		3.83		4.30		—
Quarter ended December 31, 2010		4.44		3.02		4.00		—

Dividend payments by Magyar Bancorp, Inc. are dependent primarily on dividends it receives from Magyar Bank, because Magyar Bancorp, Inc. has no source of income other than dividends from Magyar Bank, earnings from the investment of proceeds from the sale of shares of common stock retained by Magyar Bancorp, Inc., and interest payments with respect to Magyar Bancorp, Inc.’s loan to the Employee Stock Ownership Plan. For more information on regulatory restrictions regarding the payment of dividends, see “Item 1- Business- Supervision and Regulation- New Jersey Banking Regulation- Dividends.”

Other than its employee stock ownership plan, Magyar Bancorp, Inc. does not have any equity compensation plans that were not approved by stockholders. The following table sets forth information with respect to the Magyar Bancorp’s equity compensation plans.

	Number of securities to				Number of
	be issued upon exercise		Weighted		securities remaining
	of outstanding options		average exercise		available for
	and rights		price⁽¹⁾		issuance under plan

Stock options		188,276	$	14.61		84,053
Shares of restricted stock		—		—		—
Total		188,276	$	14.61		84,053
_____________________ ⁽¹⁾ Reflects weighted average exercise price of stock options only.

(b)	Not applicable.

(c)	Share repurchases.

The Company completed its first stock repurchase program of 130,927 shares in November 2007 and announced in November 2007 a second repurchase program of up to 5% of its publicly-held outstanding shares of common stock, or 129,924 shares, under which 81,000 shares had been repurchased as of September 30, 2012 at an average price of $8.33.

The following table reports information regarding repurchases of our common stock during the year ended September 30, 2012.

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					Remaining Number
	Total Number		Average		of Shares That
	of Shares		Price Paid		May be Purchased
Period	Purchased		Per Share		Under the Plan
October 1, 2011 through December 31, 2011		8,100	$	2.59		54,854
January 1, 2012 through March 31, 2012		2,600	$	4.04		52,254
April 1, 2012 through June 30, 2012		2,670	$	4.37		49,584
July 1, 2012 through September 30, 2012		660	$	4.03		48,924
Total		14,030	$	3.27

ITEM 6.

Selected Financial Data

Not required for smaller reporting companies.

ITEM 7.

Management’s Discussion and Analysis of Financial Condition and Results of Operations

Overview

Magyar Bancorp, Inc. (the “Company”) is a Delaware-chartered mid-tier stock holding company whose most significant business activity is ownership of 100% of the common stock of Magyar Bank. Magyar Bank’s principal business is attracting retail deposits from the general public and investing those deposits, together with funds generated from operations, principal repayments on loans and securities and borrowed funds, into one-to four-family residential mortgage loans, multi-family and commercial real estate mortgage loans, home equity loans and lines of credit, commercial business loans and construction loans. Our results of operations depend primarily on our net interest income which is the difference between the interest we earn on our interest-earning assets and the interest we pay on our interest-bearing liabilities. Our net interest income is primarily affected by the market interest rate environment, the shape of the U.S. Treasury yield curve, the timing of the placement of interest-earning assets and interest-bearing liabilities, and the prepayment rate on our mortgage-related assets. Other factors that may affect our results of operations are general and local economic and competitive conditions, government policies and actions of regulatory authorities.

On April 22, 2010, the Bank entered into agreements with the Federal Deposit Insurance Corporation and the New Jersey Department of Banking and Insurance which required the Bank to take certain measures to improve its safety and soundness. In connection with these agreements, the Bank stipulated to the issuance of consent orders against the Bank (the "Consent Orders") relating to certain findings from a recent examination of the Bank. In entering into the stipulation and consenting to entry of the Consent Orders, the Bank did not concede the findings or admit to any of the assertions therein. The Consent Orders imposed no fines or penalties upon the Bank.

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 detailed the manner in which the Bank would 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%. On March 2, 2012 the Bank was informed in writing by the Federal Deposit Insurance Corporation and the New Jersey Department of Banking and Insurance, that the Consent Order had been terminated. The Bank is required to maintain 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%. At September 30, 2012, Magyar Bank’s Tier 1 capital as a percentage of the Bank's total assets was 8.40% and the total qualifying capital as a percentage of risk-weighted assets was 13.21%.

During the year ended September 30, 2012, net loans increased $4.0 million, or 1.1%, despite a $16.2 million, or 47.4%, decrease in construction loans. The contraction in the construction loan portfolio was due to the decision to cease originations of new construction loans in 2008 based on the adverse economic environment and its impact on this type of lending. Due to the difficult economic environment and the need to increase capital ratios, the repayments of these loans were used to shrink the Bank’s balance sheet by reducing higher-cost borrowings and deposits.

Borrowing decreased $8.4 million, or 16.9%, and deposits decreased $8.4 million, or 2.0%, during the year ended September 30, 2012. Balances of certificates of deposit (including individual retirement accounts) declined $17.1 million, or 9.7%, reflecting the Bank’s continued strategy of shifting funding sources from higher cost certificates of deposit and borrowings to lower cost checking accounts, which increased $13.4 million, or 43.2%, during the year. The shift in funding helped contribute to a $1.6 million, or 21.6%, decrease in the Company’s interest expense on its interest bearing liabilities from $7.4 million for the year ended September 30, 2011 to $5.8 million for the year ended September 30, 2012. We attribute the decrease in the average interest expense to the expansion of our commercial relationships, which tend to hold larger deposit balances, successful business development efforts by our retail branch managers, and the continued growth of the Bank’s two newest branch facilities.

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The Company reported net income of $509,000 for the year ended September 30, 2012. Net income increased $758,000 for the year ended September 30, 2012 compared with a net loss of $249,000 for the year ended September 30, 2011, attributable to a $169,000 increase in net interest income and a $714,000 decrease in other expenses.

Loan loss provisions decreased $287,000 to $1.5 million during the year ended September 30, 2012 compared with $1.7 million for the year ended September 30, 2011 due to lower level of loan charge-offs and the decrease in the total loan receivables during the current period, specifically construction loan balances, which required higher levels of reserves.

Throughout 2013, we expect to continue the resolution of non-performing assets, diversifying our balance sheet with higher concentrations in commercial real estate and commercial business loans, and managing non-interest expenses in order to increase profitability of the Company.

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.

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. However, the Bank’s Federal and State regulators generally require that the specific reserve against impaired loans be charged-off, reducing the carrying balance of the loan and allowance for loan loss. The general component is determined by segregating the remaining loans by type of loan, risk weighting (if applicable) and payment history. We analyze historical loss experience, delinquency trends, general economic conditions and geographic and industry concentrations in establishing the general portion of the reserve. 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.

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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.

Deferred tax assets have been reduced by a valuation allowance for all 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 September 30, 2012 and September 30, 2011

Total Assets. Total assets decreased $15.2 million, or 2.9%, to $508.8 million at September 30, 2012 from $524.0 million at September 30, 2011, due to reductions in investment securities, cash and cash equivalents and other real estate owned, partially offset by an increase in net loan receivables.

Loans Receivable. Net loans receivable increased $4.0 million, or 1.1%, to $385.3 million at September 30, 2012 from $381.3 million at September 30, 2011. During the year ended September 30, 2012, construction loans decreased $16.2 million, or 47.4%, to $18.0 million at September 30, 2012 from $34.1 million at September 30, 2011. In addition, commercial business loans decreased $6.3 million, or 17.3%, to $29.9 million from $36.2 million, and one-to four-family residential mortgage loans decreased $1.7 million, or 1.1%, to $157.5 million from $159.2 million. Offsetting the decreases was a $27.8 million, or 23.0%, increase in commercial real estate loans to $148.8 million from $121.0 million and a $403,000, or 1.2%, increase in home equity lines of credit and other loans to $34.7 million from $34.3 million.

At September 30, 2012, the significant loan categories in terms of the percent of total loans were 40.5% in one-to four-family residential mortgage loans and 38.3% in commercial real estate loans. The remaining categories were comprised of 7.7% in commercial business loans, and 8.9% in home equity lines of credit and other loans, which consisted primarily of stock-secured consumer loans and 4.6% in construction loans.

Total non-performing and restructured loans decreased $10.2 million to $22.7 million at September 30, 2012 from $32.9 million at September 30, 2011. Excluding troubled debt restructurings, non-performing loans decreased $8.1 million, or 28.7%, to $20.1 million. Non-performing loans consisted of six construction loan relationships totaling $5.1 million, twenty-four mortgage loans secured by one-to-four family residential properties totaling $7.6 million, eight commercial real estate loans totaling $6.4 million, eight home equity lines of credit and other consumer loans totaling $875,000, and two commercial business loan totaling $57,000.

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 significant 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 the current appraised value of 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 loans secured by one-to four-family residential properties, including home equity lines of credit and other consumer loans, increased $3.6 million to $8.4 million at September 30, 2012 from $4.8 million at September 30, 2011. Magyar Bank had begun foreclosure proceedings on the majority of the properties as of September 30, 2012. During the year ended September 30, 2012, Magyar Bank charged off $407,000 from these loans through a reduction of its allowance for loan loss. There were six troubled debt restructurings of loans secured by a one-to four-family residential property totaling $2.3 million that were performing at their restructured terms at September 30, 2012.

Non-performing construction loans decreased $10.3 million, or 66.8%, to $5.1 million at September 30, 2012 from $15.5 million at September 30, 2011. The real estate securing these loans consists of vacant and partially completed residential lots in various locations in the State of New Jersey. Magyar Bank is determining the proper course of action to collect the principal outstanding on these loans including foreclosure of collateral and pursuit of personal guarantors on the loans. During the year ended September 30, 2012, Magyar Bank charged off $880,000 in non-performing construction loan balances through a reduction of its allowance for loan loss. There were no troubled debt restructurings of construction loans during the year ended September 30, 2012.

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Construction loans may contain interest reserves on which the interest is capitalized. At September 30, 2012, there were two performing construction loans with interest reserves representing outstanding balances of $893,000, an original interest reserve of $169,000, an advanced interest reserve of $9,000, and a remaining interest reserve balance of $160,000.

Underwriting for construction loans with and without interest reserves has followed a uniform process. Construction loan progress is monitored by loan 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.

A number of the Bank’s construction loans have been extended due to slower sales as a result of worsening 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 currently have any 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 commercial real estate loans decreased $1.2 million, or 15.4%, to $6.4 million at September 30, 2012 from $7.6 million at September 30, 2011. Magyar Bank had begun foreclosure proceedings on the properties securing these loans at September 30, 2012. During the year ended September 30, 2012, Magyar Bank had charged off $110,000 in non-performing commercial real estate loan balances through a reduction of its allowance for loan loss. There was one troubled debt restructurings of commercial real estate loan totaling $245,000 that was performing at its restructured term during the year ended September 30, 2012.

Non-performing commercial business loans decreased $198,000, or 77.6%, to $57,000 at September 30, 2012 from $255,000 at September 30, 2011. Magyar Bank is determining the proper course of action to collect the principal outstanding on these loans which will include foreclosure proceedings for those loans secured by real estate. During the year ended September 30, 2012, Magyar Bank had charged off $69,000 in non-performing commercial business loans for the year ended September 30, 2012. There were no troubled debt restructurings of commercial business loans during the year ended September 30, 2012.

The ratio of non-performing loans and troubled debt restructurings to total loans receivable decreased to 5.83% at September 30, 2012 from 8.55% at September 30, 2011. The allowance for loan losses increased $46,000 to $3.9 million, or 19.2% of non-performing loans, at September 30, 2012 compared with $3.8 million, or 13.5% of non-performing loans, at September 30, 2011. Provisions for loan loss during the year ended September 30, 2012 were $1.5 million while net charge-offs were $1.4 million, compared with a provision of $1.7 million and net charge-offs of $2.7 million for the prior year period. The allowance for loan losses was 0.99% of gross loans outstanding at September 30, 2012 and 2011.

Investment Securities. Investment securities decreased $12.5 million, or 17.7%, to $57.9 million at September 30, 2012 from $70.3 million at September 30, 2011.

Securities available-for-sale decreased $8.5 million, or 33.7%, to $16.8 million at September 30, 2012 from $25.3 million at September 30, 2011. The decrease was the result of $14.9 million in sales and maturities and $3.7 million in principal amortization, partially offset by $10.2 million in purchases of mortgage-backed securities and U.S. government-sponsored enterprise obligations. In addition, the unrealized gain on the available-for-sale portfolio decreased $10,000 to $484,000 at September 30, 2012 compared with $494,000 at the prior year end.

Securities held-to-maturity decreased $3.9 million, or 8.7%, to $41.1 million at September 30, 2012 from $45.0 million at September 30, 2011. The decrease was the result of $12.6 million in maturities and calls and $8.4 million in principal amortization, offset by $17.2 million in security purchases,

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Bank-Owned Life Insurance. The cash surrender value of life insurance held for directors and executive officers of Magyar Bank increased $350,000, or 3.6%, to $10.0 million at September 30, 2012 from $9.7 million at September 30, 2011. The increase in bank-owned life insurance was due to the increase in the cash surrender value of the existing policies.

Other Real Estate Owned. Other real estate owned decreased $3.2 million to $13.4 million at September 30, 2012 from $16.6 million at September 30, 2011.

During the year ended September 30, 2012, the Company was able to successfully dispose of six properties totaling $8.5 million at a net loss of $22,000, invested $1.2 million and was able to obtain title for seven other properties totaling $5.8 million previously securing non-performing loans. Other real estate owned at September 30, 2012 consisted of ten completed residential properties, three partially completed residential properties, thirteen real estate lots approved for the construction of residential homes, and two commercial real estate buildings. 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.

Deposits. Total deposits decreased $8.4 million, or 2.0%, to $416.5 million at September 30, 2012 from $424.9 million at September 30, 2011.

The Company’s deposit strategy during the year ended September 30, 2012 was focused on increasing and expanding customer relationships with Magyar Bank, including higher balance commercial deposit accounts. As a result of this strategy, the Bank was able to continue replacing higher-cost, single service time deposit account holders with lower-cost checking account balances.

The contraction in deposits during the twelve months ended September 30, 2012 occurred in certificates of deposit (including individual retirement accounts), which decreased $17.1 million, or 9.7%, to $158.5 million from $175.6 for the same period of last year. Savings decreased $5.2 million, or 8.7%, to $55.3 million compared to $60.5 million for the same period of last year. Partially offsetting this decrease was a $13.9 million, or 7.4%, increase in checking accounts (including money market accounts) to $202.8 million from $188.9 for the same period of last year. Deposits accounted for 81.9% of assets and 108.1% of net loans at September 30, 2012.

At September 30, 2012, the Company held $7.5 million in brokered certificates of deposit and no Certificate of Deposit Account Registry Service (CDARS) Reciprocal certificates of deposit. At September 30, 2011, the Company held $1.8 million in CDARS Reciprocal certificates of deposit and $10.0 million in brokered certificates of deposit.

Borrowed Funds. Borrowings decreased $8.4 million, or 16.9% to $41.5 million at September 30, 2012 from $49.9 million at September 30, 2011.

Securities sold under agreements to repurchase decreased $10.0 million as maturing borrowings were paid off with excess cash. Borrowings and securities sold under agreements to repurchase decreased to 8.2% of assets at September 30, 2012 from 9.5% at September 30, 2011.

Stockholders’ Equity. Stockholders’ equity increased $496,000, or 1.1%, to $45.0 million at September 30, 2012 from $44.5 million at September 30, 2011. The increase in stockholders’ equity was attributable to the Company’s results from operations for the year ended September 30, 2012.

During the year ended September 30, 2012, the Company repurchased 14,030 shares of its common stock. Under the current stock repurchase program, 48,924 shares of the 129,924 shares authorized remained available for repurchase at September 30, 2012.

Comparison of Operating Results for the Years Ended September 30, 2012 and 2011

Net Income (Loss). The Company’s net income was $509,000 for the year ended September 30, 2012, reflecting a $758,000 increase from a net loss of $249,000 for the year ended September 30, 2011.

Net Interest and Dividend Income. Net interest and dividend income increased $169,000, or 1.1%, to $15.0 million during the year ended September 30, 2012 from $14.8 million during the year ended September 30, 2011. Interest and dividend income decreased $1.4 million, or 6.4%, to $20.8 million for the year ended September 30, 2012 from $22.2 million for the year ended September 30, 2011 while interest expense decreased $1.6 million, or 21.6%, to $5.8 million for the year ended September 30, 2012 from $7.4 million for the year ended September 30, 2011.

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Average Balance Sheet. The following table presents certain information regarding our financial condition and net interest income for the years ended September 30, 2012 and 2011. The table presents 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.

	For the Year Ended September 30,
	2012									2011									2010
	Average Balance			Interest Income/ Expense			Yield/Cost (Annualized)			Average Balance			Interest Income/ Expense			Yield/Cost (Annualized)			Average Balance			Interest Income/ Expense		Yield/Cost (Annualized)
	(Dollars In Thousands)
Interest-earning assets:
Interest-earning deposits	$	12,419		$	38			0.30	%	$	11,699		$	25			0.22	%	$	2,598		$	8		0.30	%
Loans receivable, net		383,493			18,730			4.88	%		393,907			20,033			5.09	%		424,554			22,521		5.30	%
Securities
Taxable		68,580			1,930			2.81	%		68,538			2,021			2.95	%		64,439			2,431		3.77	%
Tax-exempt ⁽¹⁾		50			4			8.81	%		80			7			8.93	%		105			6		5.94	%
FHLB of NY stock		2,342			104			4.46	%		2,656			149			5.60	%		3,083			159		5.16	%
Total interest-earning assets		466,884			20,806			4.46	%		476,880			22,235			4.66	%		494,779			25,125		5.08	%
Noninterest-earning assets		55,404									54,503									54,192
Total assets	$	522,288								$	531,383								$	548,971

Interest-bearing liabilities:
Savings accounts ⁽²⁾	$	58,125		$	222			0.38	%	$	61,367		$	373			0.61	%	$	61,639		$	599		0.97	%
NOW accounts ⁽³⁾		145,313			631			0.43	%		137,877			1,006			0.73	%		134,667			1,384		1.03	%
Time deposits ⁽⁴⁾		167,584			3,087			1.84	%		181,128			3,724			2.06	%		201,124			4,600		2.29	%
Total interest-bearing deposits		371,022			3,940			1.06	%		380,372			5,103			1.34	%		397,430			6,583		1.66	%
Borrowings		49,023			1,869			3.81	%		58,080			2,303			3.96	%		67,800			2,728		4.02	%
Total interest-bearing liabilities		420,045			5,809			1.38	%		438,452			7,406			1.69	%		465,230			9,311		2.00	%
Noninterest-bearing liabilities		57,162									48,830									39,768
Total liabilities		477,207									487,282									504,998
Retained earnings		45,081									44,101									43,973
Total liabilities and retained earnings	$	522,288								$	531,383								$	548,971

Tax-equivalent basis adjustment					(1	)								(2	)								—
Net interest and dividend income				$	14,996								$	14,827								$	15,814
Interest rate spread								3.08	%								2.97	%							3.08	%
Net interest-earning assets	$	46,839								$	38,428								$	29,549
Net interest margin⁽⁵⁾								3.21	%								3.11	%							3.20	%
Average interest-earning assets to average interest-bearing liabilities		111.15	%								108.76	%								106.35	%

	⁽¹⁾	Calculated using 34% tax rate.
	⁽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.

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Rate/Volume Analysis. The following table presents the effects of changing rates and volumes on our net interest income for the periods indicated. The rate column shows the effects attributable to changes in rate (changes in rate multiplied by average volume). The volume column shows the effects attributable to changes in volume (changes in average volume multiplied by prior rate). The net column represents the sum of the prior columns. For purposes of this table, changes attributable to both rate and volume, which cannot be segregated, have been allocated proportionately, based on the changes due to rate and the changes due to volume.

	September 30,
	2012 vs. 2011									2011 vs. 2010
	Increase (decrease)									Increase (decrease)
	due to									due to
	Volume			Rate			Net			Volume			Rate			Net
	(Dollars in thousands)
Interest-earning assets:
Interest-earning deposits	$	2		$	11		$	13		$	20		$	(3	)	$	17
Loans		(495	)		(808	)		(1,303	)		(1,606	)		(882	)		(2,488	)
Securities
Taxable		1			(92	)		(91	)		146			(556	)		(410	)
Tax-exempt ⁽¹⁾					(0	)		(3	)		(2	)		3			1
FHLB of NY stock		(16	)		(29	)		(45	)		(23	)		13			(10	)
Total interest-earning assets		(511	)		(918	)		(1,429	)		(1,465	)		(1,425	)		(2,890	)

Interest-bearing liabilities:
Savings accounts ⁽²⁾		(19	)		(132	)		(151	)		(3	)		(223	)		(226	)
NOW accounts ⁽³⁾		52			(427	)		(375	)		33			(411	)		(378	)
Time deposits ⁽⁴⁾		(262	)		(375	)		(637	)		(436	)		(440	)		(876	)
Total interest-bearing deposits		(228	)		(935	)		(1,163	)		(406	)		(1,074	)		(1,480	)
Borrowings		(345	)		(89	)		(434	)		(385	)		(40	)		(425	)
Total interest-bearing liabilities		(573	)		(1,024	)		(1,597	)		(791	)		(1,114	)		(1,905	)

Increase (decrease) in tax equivalent
net interest income	$	63		$	106			168		$	(674	)	$	(311	)		(985	)
Change in tax-equivalent basis adjustment								1									(2	)

Increase (decrease) in net interest income							$	169								$	(987	)

⁽¹⁾

Calculated using 34% tax rate for 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.

Interest and Dividend Income. Interest and dividend income decreased $1.4 million, or 6.4%, to $20.8 million for the year ended September 30, 2012 from $22.2 million for the year ended September 30, 2011. The decrease was attributable to lower yields on interest-bearing assets, which decreased 20 basis points to 4.46%, and lower balances of such assets, which decreased $10.0 million, or 2.1%, to $466.9 million for the year ended September 30, 2012.

Interest income on loans decreased $1.3 million, or 6.5%, to $18.7 million for the year ended September 30, 2012 from $20.0 million for the prior year. The decrease was attributable to a decrease of $10.4 million, or 2.6%, in the average balance of loans as well as a 21 basis point decrease in the average yield on such loans to 4.88% from 5.09%. The decline in yield on loans reflected the lower interest rate environment for loans during the year ended September 30, 2012 compared with the year ended September 30, 2011.

Interest earned on investment securities, excluding Federal Home Loan Bank of New York stock, and interest earning deposits decreased $80,000, or 3.9%, to $1.9 million for the year ended September 30, 2012 from $2.0 million for the prior year. The decrease was primarily due to a 14 basis point decrease in the average yield on securities to 2.82% from 2.96% for the prior year period which more than offset a $12,000 increase in the average balance of investment securities to $68.63 million from $68.62 million for the prior year. The decline in the yield on investment securities reflected the lower interest rate environment during the year ended September 30, 2012 and 2011.

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Interest Expense. Interest expense decreased $1.6 million, or 21.6%, to $5.8 million for the year ended September 30, 2012 from $7.4 million for the year ended September 30, 2011. The average balance of interest-bearing liabilities decreased $18.4 million between the two periods while the cost of such liabilities fell 31 basis points to 1.38% for the year ended September 30, 2012.

The average balance of interest-bearing deposits decreased $9.4 million to $371.0 million for the year ended September 30, 2012 from $380.4 million for the prior year while the average cost of such deposits decreased 28 basis points to 1.06% from 1.34%. This resulted in a $1.2 million, or 22.8%, decrease in interest expense on deposits to $3.9 million for the year ended September 30, 2012 from $5.1 million for the year ended September 30, 2011.

Interest expense on advances and securities sold under agreements to repurchase decreased $434,000 to $1.9 million for the year ended September 30, 2012 from $2.3 million for the year ended September 30, 2011. The average cost of borrowings decreased 15 basis points to 3.81% for the year ended September 30, 2012 from 3.96% for the year ended September 30, 2011. The average balance of advances and securities sold under agreements to repurchase decreased $9.1 million to $49.0 million for the year ended September 30, 2012 from $58.1 million for the year ended September 30, 2011.

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 occur. After an evaluation of these factors, management made a provision of $1.5 million for the year ended September 30, 2012 compared with a $1.7 million provision for the prior year.

Provisions for loan loss for the year ended September 30, 2012 decreased $287,000 from the prior year period due to lower levels of loan charge-offs and lower levels of higher risk loan categories. Net charge-offs totaled $1.4 million for the year ended September 30, 2012 compared to net charge-offs of $2.7 million for the year ended September 30, 2011, reflecting a 48% decrease. The lower level of loan charge-offs resulted from fewer impaired loans at September 30, 2012, in comparison with September 30, 2011, and lower charge-offs of previously impaired loans in comparison to the prior year period due to the stabilization of real estate values. In addition, construction loans, which typically require higher levels of allowance for loan loss, declined 47% during the year.

Total non-performing and restructured loans decreased $10.2 million, or 31.1%, to $22.7 million at September 30, 2012 from $32.9 million at September 30, 2011. Excluding troubled debt restructurings, non-performing loans decreased $8.1 million, or 28.7%, to $20.1 million from $28.2 million. The allowance for loan losses increased $46,000 to $3.9 million, or 0.99% of gross loans outstanding at September 30, 2012, from $3.8 million, or 0.99% of gross loans outstanding at September 30, 2011.

Other Income. Non-interest income decreased $334,000, or 13.4%, to $2.2 million during the year ended September 30, 2012 compared to $2.5 million for the year ended September 30, 2011.

Non-interest income declined due to lower service charge income, which decreased $190,000, and lower gains on the sales of assets, which were $752,000 for the twelve months ended September 30, 2012 compared with $878,000 for the twelve months ended September 30, 2011.

The Company’s gains on the sales of mortgage loans decreased $279,000 to $466,000 for the year ended September 30, 2012 from $745,000 for the year ended September 30, 2011. The Company sold 35 servicing retained residential mortgage loans totaling $8.3 million to Freddie Mac and three SBA 7(a) loans totaling $910,000 during the year ended September 30, 2012. During the prior year period, the Company sold 62 servicing retained residential mortgage loans, totaling $11.0 million to Freddie Mac, and seven SBA 7(a) loans, totaling $1.9 million during the year ended September 30, 2011. The Company’s gains from the sales of investment securities increased $153,000 to $286,000 for the year ended September 30, 2012 from $133,000 for the year ended September 30, 2011.

Other Expenses. Other expenses decreased $714,000, or 4.5%, to $15.1 million for the year ended September 30, 2012 compared to $15.8 million for the year ended September 30, 2011. The decrease was attributable to lower FDIC insurance premiums, compensation and benefits, and OREO expenses.

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The FDIC insurance assessments paid by the Bank decreased $429,000 to $706,000 for the year ended September 30, 2012 from $1.1 million for the prior year period. The decrease resulted from a lower assessment base as well as lower assessment rates during the current fiscal year.

Employee and benefit expenses decreased $251,000, or 3.3%, to $7.3 million for the year ended September 30, 2012 from $7.6 million for the year ended September 30, 2011. The decrease was primarily the result of lower stock-based compensation due to the final vesting of stock options and stock awards granted after the Company’s IPO.

OREO expense decreased $78,000, or 8.8%, to $810,000 for the year ended September 30, 2012 from $888,000 for the year ended September 30, 2011 due to a decrease in the balance of OREO to $13.4 million from $16.6 million during the same period. OREO expenses include real estate taxes, property and casualty insurance, utilities, and general maintenance expenses.

Partially offsetting the decline in other expenses was a $109,000, or 3.9%, increase in occupancy expenses to $2.9 million for the year ended September 30, 2012 from $2.8 million for the prior year period. The Bank experienced higher occupancy expenses from the opening of its sixth branch location in North Edison, NJ in June of 2011.

Income Tax Expense. The Company recorded a tax expense of $121,000 for the year ended September 30, 2012 compared with $43,000 for the year ended September 30, 2011. The effective tax rates for the years ended September 30, 2012 and 2011, respectively, were 19.2% and 20.9%.

Included in the tax expense for the year ended September 30, 2012 was a current period tax expense of $20,000 and a deferred tax expense of $101,000. The net change in the valuation allowance for the year ended September 30, 2012 was a decrease of approximately $26,000 based upon management’s assessment of current and projected future operations.

Management of Market Risk

General. The majority of our assets and liabilities are monetary in nature. Consequently, our most significant form of market risk is interest rate risk. Our assets, consisting primarily of mortgage loans, have longer maturities than our liabilities, consisting primarily of deposits. As a result, a principal part of our business strategy is to manage interest rate risk and reduce the exposure of our net interest income to changes in market interest rates. Accordingly, our Board of Directors has established an Asset and Liability Management Committee which is responsible for evaluating the interest rate risk inherent in our assets and liabilities, for determining the level of risk that is appropriate, given our business strategy, operating environment, capital, liquidity and performance objectives, and for managing this risk consistent with the guidelines approved by the Board of Directors. Senior management monitors the level of interest rate risk on a regular basis and the Asset and Liability Committee meets at least on a quarterly basis to review our asset/liability policies and interest rate risk position.

We have sought to manage our interest rate risk in order to minimize the exposure of our earnings and capital to changes in interest rates. As part of our ongoing asset-liability management, we seek to manage our exposure to interest rate risk by retaining in our loan portfolio fewer fixed rate residential loans, by originating and retaining adjustable-rate loans in the residential, construction and commercial real estate loan portfolios, by using alternative funding sources, such as advances from the Federal Home Loan Bank of New York, to “match fund” longer-term residential and commercial mortgage loans, and by originating and retaining variable rate home equity and short-term and medium-term fixed-rate commercial business loans. We have also increased money market account deposits as a percentage of our total deposits. Money market accounts offer a variable rate based on market indications. Finally, we have purchased interest rate floors and sold securities under agreements to repurchase with embedded derivatives to mitigate the impact of interest rates on our prime-based loans. At September 30, 2012 we held securities sold under agreements to repurchase with embedded derivatives in the amount of $5.0 million. By following these strategies, we believe that we are well-positioned to react to changes in market interest rates.

Net Interest Income Analysis. The table below sets forth, as of September 30, 2012, the estimated changes in our Net Interest Income (“NII”) for each of the next two years that would result from the designated instantaneous changes in interest rates. These estimates require making certain assumptions including loan and mortgage-related investment prepayment speeds, reinvestment rates, and deposit maturities and decay rates. These assumptions are inherently uncertain and, as a result, we cannot precisely predict the impact of changes in interest rates on net interest income. Actual results may differ significantly due to timing, magnitude and frequency of interest rate changes and changes in market conditions. Further, certain shortcomings are inherent in the methodology used in the interest rate risk measurement. Modeling changes in net interest income require making certain assumptions that may or may not reflect the manner in which actual yields and costs respond to changes in market interest rates.

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Change in			Estimated Decrease								Estimated Decrease
Interest rates	Estimated		in NII Year 1						Estimated		in NII Year 2
(Basis Points)⁽¹⁾	NII Year 1		Amount			Percentage			NII Year 2		Amount			Percentage
(Dollars in thousands)

+200	$	15,042	$	(13	)		-0.09	%	$	14,962	$	156			1.05	%
Unchanged		15,055		—			—			14,806		—			—
-100		14,723		(332	)		-2.21	%		14,288		(518	)		-3.50	%

⁽¹⁾Assumes an instantaneous uniform change in interest rates at all maturities.

Liquidity and Capital Resources

Liquidity is the ability to meet current and future financial obligations of a short-term nature. Our primary sources of funds consist of deposit inflows, loan repayments and maturities and sales of securities. While maturities and scheduled amortization of loans and securities are predictable sources of funds, deposit flows and mortgage prepayments are greatly influenced by general interest rates, economic conditions and competition. Our Asset/Liability Management Committee is responsible for establishing and monitoring our liquidity targets and strategies in order to ensure that sufficient liquidity exists for meeting the borrowing needs of our customers as well as unanticipated contingencies. We seek to maintain a liquidity ratio of 5.0% of assets or greater. The liquidity ratio is calculated by determining the sum of the difference between liquid assets (cash and unpledged investment securities) and short-term liabilities (estimated 30-day deposit outflows), borrowing capacity from the FHLBNY, and brokered deposit capacity and dividing the sum by total assets. At September 30, 2012, our liquidity ratio was 10.3% of assets.

We regularly adjust our investments in liquid assets based upon our assessment of expected loan demand, expected deposit flows, yields available on interest-earning deposits and securities, and the objectives of our asset/liability management program. Excess liquid assets are invested generally in interest-earning deposits and short- and intermediate-term securities.

Our most liquid assets are cash and cash equivalents. The levels of these assets are dependent on our operating, financing, lending and investing activities during any given period. At September 30, 2012, cash and cash equivalents totaled $10.0 million. Securities classified as available-for-sale, which provide additional sources of liquidity from sales, totaled $16.8 million at September 30, 2012. At September 30, 2012, we also had the ability to borrow $78.7 million from the Federal Home Loan Bank of New York. On that date, we had an aggregate of $35.1 million in advances outstanding.

Our cash flows are derived from operating activities, investing activities and financing activities as reported in our Statements of Cash Flows included in our Financial Statements.

At September 30, 2012, we had $16.1 million in loan origination commitments outstanding. In addition to commitments to originate loans, we had $41.2 million in unused lines of credit to borrowers. Certificates of deposit due within one year of September 30, 2013 totaled $78.7 million, or 18.9% of total deposits. If these deposits do not remain with us, we will be required to seek other sources of funds, including other deposits and Federal Home Loan Bank advances. Depending on market conditions, we may be required to pay higher rates on such deposits or other borrowings than we currently pay on the certificates of deposit due on or before September 30, 2013. We believe, however, that based on past experience a significant portion of our certificates of deposit will remain with us. We have the ability to attract and retain deposits by adjusting the interest rates offered.

Our primary investing activities are the origination of loans and the purchase of securities. For the year ended September 30, 2012, we originated $65.4 million of loans and purchased $27.4 million of securities.

Financing activities consist primarily of activity in deposit accounts and Federal Home Loan Bank advances. We experienced a net decrease in total deposits of $8.4 million for the year ended September 30, 2012 and a net decrease in total deposits of $3.0 million for the year ended September 30, 2011. Deposit flows are affected by the overall level of interest rates, the interest rates and products offered by us and our local competitors and other factors.

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Liquidity management is both a daily and long-term function of business management. If we require funds beyond our ability to generate them internally, borrowing agreements exist with the Federal Home Loan Bank of New York, which provide an additional source of funds. Federal Home Loan Bank advances totaled $36.5 million and $34.9 million at September 30, 2012 and September 30, 2011, respectively. Federal Home Loan Bank advances have primarily been used to fund loan demand.

Magyar Bank is subject to various regulatory capital requirements, including a risk-based capital measures to maintain 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% (see “Supervision and Regulation-Federal Banking Regulation-Capital Requirements”). As of September 30, 2012, Magyar Bank’s Tier 1 capital as a percentage of the Bank's total assets was 8.40% and the total qualifying capital as a percentage of risk-weighted assets was 13.21%.

Bank-owned life insurance is a tax-advantaged financing transaction that is used to offset employee benefit plan costs. Policies are purchased insuring directors and officers of Magyar Bank using a single premium method of payment. Magyar Bank is the owner and beneficiary of the policies and records tax-free income through cash surrender value accumulation. We have minimized our credit exposure by choosing carriers that are highly rated and limiting the concentration of any one carrier. The investment in bank-owned life insurance has no significant impact on our capital and liquidity.

Off-Balance Sheet Arrangements and Aggregate Contractual Obligations

Commitments. As a financial services provider, we routinely are a party to various financial instruments with off-balance-sheet risks, such as commitments to extend credit, standby letters of credit and unused lines of credit. While these contractual obligations represent our future cash requirements, a significant portion of commitments to extend credit may expire without being drawn upon. Such commitments are subject to the same credit policies and approval process accorded to loans made by us. For additional information, see Note P, “Lease Commitments,” and Note Q “Financial Instruments with Off-Balance Sheet Risk” to our Financial Statements.

Contractual Obligations. In the ordinary course of our operations, we enter into certain contractual obligations. Such obligations include operating leases for premises and equipment.

The following table summarizes our significant fixed and determinable contractual obligations and other funding needs by payment date at September 30, 2012. The payment amounts represent those amounts due to the recipient and do not include any unamortized premiums or discounts or other similar carrying amount adjustments.

	Payments Due by Period
	Less Than		One to		Three to		More Than
	One Year		Three Years		Five Years		Five Years		Total
	(Dollars in thousands)
Federal Home Loan Bank advances	$	9,143	$	13,700	$	6,760	$	5,500	$	35,103
Repurchase agreements		—		5,000		—		—		5,000
Operating leases		559		1,136		1,209		5,713		8,617
Total	$	9,702	$	19,836	$	7,969	$	11,213	$	48,720

ITEM 7A.

Quantitative and Qualitative Disclosures About Market Risk

Not required for smaller reporting companies.

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ITEM 8.

Financial Statements and Supplementary Data

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Consolidated Financial Statements:

Report of Independent Registered Public Accounting Firm	50

Consolidated Balance Sheets as of September 30, 2012 and 2011	51

Consolidated Statements of Operations for the Years ended September 30, 2012 and 2011	52

Consolidated Statements of Comprehensive Income (Loss) for the Years ended September 30, 2012 and 2011	53

Consolidated Statements of Changes in Stockholders’ Equity for the Years ended September 30, 2012 and 2011	54

Consolidated Statements of Cash Flows for the Years ended September 30, 2012 and 2011	55

Notes to Consolidated Financial Statements	56

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Report of Independent Registered Public Accounting Firm

Board of Directors and Stockholders

Magyar Bancorp, Inc.

We have audited the accompanying consolidated balance sheets of Magyar Bancorp, Inc. (the “Company”) and subsidiary as of September 30, 2012 and 2011, and the related consolidated statements of operations, comprehensive income (loss), changes in stockholders’ equity and cash flows for the years then ended. The Company’s management is responsible for these consolidated financial statements. Our responsibility is to express an opinion on these consolidated financial statements based on our audits.

We conducted our audits in accordance with the standards of the Public Company Accounting Oversight Board (United States). Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. The Company is not required to have, nor were we engaged to perform an audit of its internal control over financial reporting. Our audits included consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Company’s internal control over financial reporting. Accordingly, we express no such opinion. An audit also includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion.

In our opinion, the consolidated financial statements referred to above present fairly, in all material respects, the financial position of Magyar Bancorp, Inc. and subsidiary as of September 30, 2012 and 2011, and the results of their operations and their cash flows for the years then ended, in conformity with accounting principles generally accepted in the United States of America.

/s/ ParenteBeard LLC

ParenteBeard LLC

Clark, New Jersey

December 27, 2012

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Consolidated Balance Sheets

(In Thousands, Except Share and Per Share Data)

	September 30,
	2012			2011

Assets
Cash	$	930		$	1,066
Interest earning deposits with banks		9,114			13,968
Total cash and cash equivalents		10,044			15,034

Investment securities - available for sale, at fair value		16,786			25,312
Investment securities - held to maturity, at amortized cost (fair value of $42,130
and $45,713 at September 30, 2012 and 2011, respectively)		41,068			45,000
Federal Home Loan Bank of New York stock, at cost		2,385			2,299
Loans receivable, net of allowance for loan losses of $3,858 and $3,812
at September 30, 2012 and 2011, respectively		385,270			381,254
Bank owned life insurance		10,010			9,660
Accrued interest receivable		1,894			1,921
Premises and equipment, net		21,541			20,574
Other real estate owned ("OREO")		13,381			16,595
Other assets		6,467			6,388

Total assets	$	508,846		$	524,037

Liabilities and Stockholders' Equity
Liabilities
Deposits	$	416,518		$	424,943
Escrowed funds		769			1,043
Federal Home Loan Bank of New York advances		36,503			34,916
Securities sold under agreements to repurchase		5,000			15,000
Accrued interest payable		196			300
Accounts payable and other liabilities		4,855			3,326

Total liabilities		463,841			479,528

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;
5,807,344 and 5,801,631 shares outstanding at September 30, 2012
and 2011, respectively, at cost		59			59
Additional paid-in capital		26,367			26,496
Treasury stock: 116,398 and 122,111 shares at September 30, 2012
and 2011, respectively, at cost		(1,301	)		(1,480	)
Unearned Employee Stock Ownership Plan shares		(1,116	)		(1,228	)
Retained earnings		21,600			21,069
Accumulated other comprehensive loss		(604	)		(407	)

Total stockholders' equity		45,005			44,509

Total liabilities and stockholders' equity	$	508,846		$	524,037

The accompanying notes are an integral part of these statements.

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Consolidated Statements of Operations

(In Thousands, Except Per Share Data)

	For the Year
	Ended September 30,
	2012		2011
Interest and dividend income
Loans, including fees	$	18,730	$	20,033
Investment securities
Taxable		1,968		2,046
Tax-exempt		3		5
Federal Home Loan Bank of New York stock		104		149

Total interest and dividend income		20,805		22,233

Interest expense
Deposits		3,940		5,103
Borrowings		1,869		2,303

Total interest expense		5,809		7,406
Net interest and dividend income		14,996		14,827

Provision for loan losses		1,461		1,748
Net interest and dividend income after
provision for loan losses		13,535		13,079

Other income
Service charges		997		1,187
Income on bank owned life insurance		349		354
Other operating income		67		80
Gains on sales of loans		466		745
Gains on sales of investment securities		286		133
Total other income		2,165		2,499

Other expenses
Compensation and employee benefits		7,319		7,570
Occupancy expenses		2,874		2,765
Professional fees		978		1,005
Data processing expenses		553		559
OREO expenses		810		888
FDIC deposit insurance premiums		706		1,135
Loan servicing expenses		342		392
Insurance expense		238		268
Other expenses		1,250		1,202
Total other expenses		15,070		15,784
Income (loss) before income tax expense (benefit)		630		(206	)
Income tax expense		121		43
Net income (loss)	$	509	$	(249	)

Net income (loss) per share-basic and diluted	$	0.09	$	(0.04	)

The accompanying notes are an integral part of these statements.

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Consolidated Statements of Comprehensive Income (Loss)

(In Thousands)

	For the Year
	Ended September 30,
	2012			2011

Net income (loss)	$	509		$	(249	)

Other comprehensive income (loss):
Net unrealized gain on
securities available for sale		276			814
Realized gains on sales of securities
available for sale		(286	)		(133	)
Minimum pension liability		(222	)		(347	)
Unrealized loss on derivatives		(87	)		(151	)
		(319	)		183

Deferred income tax effect		122			(58	)
Total other comprehensive (loss) income		(197	)		125

Total comprehensive income (loss)	$	312		$	(124	)

The accompanying notes are an integral part of these statements.

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Consolidated Statement of Changes in Stockholders' Equity

Year Ended September 30, 2011 and 2012

(In Thousands, Except for Share Amounts)

																		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, 2010		5,783,131		$	59	$	26,396		$	(1,704	)	$	(1,342	)	$	21,300		$	(532	)	$	44,177


Net loss		—			—		—			—			—			(249	)		—			(249	)
Other comprehensive income																			125			125
Treasury stock used for restricted stock plan		18,500			—		(242	)		224			—			18			—			—
ESOP shares allocated		—			—		(61	)		—			114			—			—			53
Stock-based compensation expense		—			—		403			—			—			—			—			403

Balance, September 30, 2011		5,801,631			59		26,496			(1,480	)		(1,228	)		21,069			(407	)		44,509


Net income		—			—		—			—			—			509			—			509
Other comprehensive loss		—			—		—			—			—			—			(197	)		(197	)
Purchase of treasury stock		(14,030	)		—		—			(45	)		—			—			—			(45	)
Treasury stock used for restricted stock plan		19,743			—		(246	)		224			—			22			—			—
ESOP shares allocated		—			—		(64	)		—			112			—			—			48
Stock-based compensation expense		—			—		181			—			—			—			—			181

Balance, September 30, 2012		5,807,344		$	59	$	26,367		$	(1,301	)	$	(1,116	)	$	21,600		$	(604	)	$	45,005

The accompanying notes are an integral part of these statements.

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Consolidated Statements of Cash Flows

(In Thousands)

	For the Year Ended
	September 30,
	2012			2011

Operating activities
Net income (loss)	$	509		$	(249	)
Adjustment to reconcile net income (loss) to net cash provided
by operating activities
Depreciation expense		935			974
Premium amortization on investment securities, net		228			302
Provision for loan losses		1,461			1,748
Provision for loss on other real estate owned		148			292
Proceeds from the sales of loans		9,209			12,927
Gains on sale of loans		(466	)		(745	)
Gains on sales of investment securities		(286	)		(133	)
Losses on the sales of other real estate owned		22			107
ESOP compensation expense		48			53
Stock-based compensation expense		181			403
Deferred income tax benefit		101			37
Decrease in accrued interest receivable		27			29
Increase in surrender value bank owned life insurance		(350	)		(354	)
(Increase) decrease in other assets		(145	)		848
Decrease in accrued interest payable		(104	)		(118	)
Increase (decrease) in accounts payable and other liabilities		1,307			(119	)
Net cash provided by operating activities		12,825			16,002

Investing activities
Net (increase) decrease in loans receivable		(20,037	)		1,763
Purchases of investment securities held to maturity		(17,210	)		(18,658	)
Purchases of investment securities available for sale		(10,156	)		(26,301	)
Sales of investment securities available for sale		14,164			9,828
Principal repayments on investment securities held to maturity		21,021			17,975
Principal repayments on investment securities available for sale		4,687			6,023
Purchases of premises and equipment		(314	)		(1,406	)
Investment in other real estate owned		(1,176	)		(1,490	)
Proceeds from the sale of other real estate owned		8,449			4,090
(Purchase) redemption of Federal Home Loan Bank stock		(86	)		476
Net cash used by investing activities		(658	)		(7,700	)

Financing activities
Net decrease in deposits		(8,425	)		(2,989	)
Stock compensation tax benefit		—			—
Net decrease in escrowed funds		(274	)		(512	)
Proceeds from long-term advances		3,000			—
Repayments of long-term advances		(2,813	)		(10,853	)
Net change in short-term advances		1,400			—
Repayments of securities sold under agreements to repurchase		(10,000	)		—
Purchase of treasury stock		(45	)		—
Net cash used by financing activities		(17,157	)		(14,354	)
Net decrease in cash and cash equivalents		(4,990	)		(6,052	)

Cash and cash equivalents, beginning of period		15,034			21,086

Cash and cash equivalents, end of period	$	10,044		$	15,034

Supplemental disclosures of cash flow information
Cash paid for
Interest	$	5,914		$	7,523
Income taxes	$	8		$	8
Non-cash investing activities
Real estate acquired in full satisfaction of loans in foreclosure	$	5,817		$	6,939
OREO transferred to premises and equipment	$	1,588		$	—

The accompanying notes are an integral part of these statements.

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements

September 30, 2012 and 2011

NOTE A - ORGANIZATION

On January 23, 2006, Magyar Bank (the Bank) completed a reorganization involving a series of transactions by which our corporate structure was changed from a mutual savings bank to the mutual holding company form of ownership. Magyar Bank became a New Jersey-chartered stock savings bank subsidiary of Magyar Bancorp, Inc., a Delaware-chartered mid-tier stock holding company. Magyar Bancorp, Inc. (the “Company”) owns 100% of the outstanding shares of common stock of Magyar Bank. Magyar Bancorp, Inc. is a majority-owned subsidiary of Magyar Bancorp, MHC, a New Jersey-chartered mutual holding company.

Magyar Bancorp, MHC, owns 54.0%, or 3,200,450, of the issued shares of common stock of Magyar Bancorp, Inc. Of the remaining shares, 2,606,894, or 44.0%, are held by public stockholders and 116,398, or 2.0%, are held by Magyar Bancorp, Inc. in treasury stock. So long as Magyar Bancorp, MHC exists, it will be required to own a majority of the voting stock of Magyar Bancorp, Inc. Magyar Bancorp, MHC is subject to comprehensive regulation and examination by the Board of Governors of the Federal Reserve System and the New Jersey Department of Banking and Insurance.

Magyar Bank (the “Bank”) is subject to regulations issued by the New Jersey Department of Banking and Insurance and the Federal Deposit Insurance Corporation. The Bank’s administrative offices are located in New Brunswick, New Jersey. The Bank has six branch offices which are located in New Brunswick, North Brunswick, South Brunswick, Branchburg, Bridgewater, and Edison, New Jersey. The Bank’s savings deposits are insured by the FDIC through the Deposit Insurance Fund (DIF); also, the Bank is a member of the Federal Home Loan Bank of New York.

MagBank Investment Company, a New Jersey investment corporation subsidiary of Magyar Bank was formed on August 15, 2006 for the purpose of buying, selling and holding investment securities.

Hungaria Urban Renewal, LLC is a Delaware limited-liability corporation established in 2002 as a qualified intermediary operating for the purpose of acquiring and developing Magyar Bank’s new main office. The Bank owns a 100% interest in Hungaria Urban Renewal, LLC, which has no other business other than owning the Bank’s main office site.

Magyar Service Corporation, a New Jersey corporation, is a wholly owned, non-bank subsidiary of Magyar Bank. Magyar Service Corporation, which also operates under the name Magyar Financial Services, receives commissions from annuity and life insurance sales referred to a licensed, non-bank financial planner.

The Bank competes with other banking and financial institutions in its primary market areas. Commercial banks, savings banks, savings and loan associations, credit unions and money market funds actively compete for savings and time certificates of deposit and all types of loans. Such institutions, as well as consumer financial and insurance companies, may be considered competitors of the Bank with respect to one or more of the services it renders.

The Bank is subject to regulations of certain state and federal agencies and, accordingly, the Bank is periodically examined by such regulatory authorities. As a consequence of the regulation of commercial banking activities, the Bank’s business is particularly susceptible to future state and federal legislation and regulations.

NOTE B - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES

1. Basis of Financial Statement Presentation

The accounting and reporting policies of the Company conform to accounting principles generally accepted in the United States of America (US GAAP) and predominant practices within the banking industry. The financial statements include the accounts of the Company and its wholly owned subsidiary, the Bank, and its wholly-owned subsidiaries MagBank Investment Company, Magyar Service Corporation, and Hungaria Urban Renewal, LLC. All intercompany balances and transactions have been eliminated in the financial statements.

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

The Company has evaluated subsequent events and transactions occurring subsequent to the consolidated balance sheet date of September 30, 2012, 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.

In preparing financial statements in conformity with US GAAP, management is required to make estimates and assumptions that affect the reported amounts of assets and liabilities, the disclosure of contingent assets and liabilities at the date of the financial statements, and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates.

The principal estimates that are particularly susceptible to significant change in the near term relate to the allowance for loan losses and the deferred tax asset. The evaluation of the adequacy of the allowance for loan losses includes an analysis of the individual loans and overall risk characteristics and size of the different loan portfolios, and takes into consideration current economic and market conditions, the capability of specific borrowers to pay specific loan obligations, as well as current loan collateral values. However, actual losses on specific loans, which also are encompassed in the analysis, may vary from estimated losses.

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.

2. Cash and Cash Equivalents

For purposes of reporting cash flows, cash and cash equivalents include cash on hand, amounts due from banks, time deposits with original maturities less than three months and overnight deposits.

3. Investment Securities

The Company classifies its investment securities into one of three portfolios: held to maturity, available for sale or trading. Investments in debt securities that we have the positive intent and ability to hold to maturity are classified as held to maturity securities and reported at amortized cost. Debt and equity securities that are bought and held principally for the purpose of selling them in the near term are classified as trading securities and reported at fair value, with unrealized holding gains and losses included in earnings. Debt and equity securities not classified as trading securities or as held to maturity securities are classified as available for sale securities and reported at fair value, with unrealized holding gains or losses, net of deferred income taxes, reported in the accumulated other comprehensive income (“AOCI”) component of stockholders’ equity.

If the fair value of a security is less than its amortized cost, the security is deemed to be impaired. Management evaluates all securities with unrealized losses quarterly to determine if such impairments are “temporary” or “other-than-temporary” in accordance with applicable accounting guidance. The Company accounts for temporary impairments based upon security classification as either available for sale, held to maturity or trading. Temporary impairments on “available for sale” securities are recognized, on a tax-effected basis, through AOCI with offsetting entries adjusting the carrying value of the security and the balance of deferred taxes. Conversely, the Company does not adjust the carrying value of “held to maturity” securities for temporary impairments, although information concerning the amount and duration of impairments on held to maturity securities is generally disclosed in periodic financial statements. The carrying value of securities held in a trading portfolio is adjusted to their fair value through earnings on a daily basis. However, the Company maintained no securities in trading portfolios at or during the periods presented in these financial statements.

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

The Company accounts for other-than-temporary impairments based upon several considerations. First, other-than-temporary impairments on securities that the Company has decided to sell as of the close of a fiscal period, or will, more likely than not, be required to sell prior to the full recovery of the their fair value to a level equal to or exceeding their amortized cost, are recognized in operations. If neither of these criteria apply, then the other-than-temporary impairment is separated into credit-related and noncredit-related components. The credit-related impairment generally represents the amount by which the present value of the cash flows that are expected to be collected on an other-than-temporarily impaired security fall below its amortized cost while the noncredit-related component represents the remaining portion of the impairment not otherwise designated as credit-related. The Company recognizes credit-related, other-than-temporary impairments in earnings, while noncredit-related, other-than-temporary impairments on debt securities are recognized, net of deferred taxes, in AOCI.

Federal law requires a member institution of the Federal Home Loan Bank (“FHLB”) system to purchase and hold restricted stock of its district FHLB according to a predetermined formula. This stock is restricted in that it may only be sold to the FHLB and all sales must be at par. Accordingly, the FHLB restricted stock is carried at cost, less any applicable impairment charges.

Premiums and discounts on all securities are amortized or accreted to maturity by use of the level-yield method considering the impact of principal amortization and prepayments on mortgage-backed securities. Gain or loss on sales of securities is recognized on the specific identification method.

4. Loans and Allowance for Loan Losses

Loans that management has the intent and ability to hold for the foreseeable future or until maturity or payoff are stated at the amount of unpaid principal, adjusted for net deferred loan fees and costs, and reduced by an allowance for loan losses. Interest on loans is accrued and credited to operations based upon the principal amounts outstanding. The allowance for loan losses is established through a provision for possible loan losses charged to operations. Loans are charged against the allowance for loan losses when management believes that the collectability of the principal is unlikely.

Income recognition of interest is discontinued when, in the opinion of management, the collectability of such interest becomes doubtful. A loan is generally classified as non-accrual when the scheduled payment(s) due on the loan is delinquent for more than three months. Loan origination fees and certain direct origination costs are deferred and amortized over the life of the related loans as an adjustment to the yield on loans receivable using the effective interest method.

Management uses a ten point internal risk rating system to monitor the credit quality of the overall loan portfolio. The first six categories are considered not criticized, and are aggregated as “Pass” rated. The criticized rating categories utilized by management generally follow bank regulatory definitions. The Special Mention category includes assets that are currently protected but are potentially weak, resulting in an undue and unwarranted credit risk, but not to the point of justifying a Substandard classification. Loans in the Substandard category have well-defined weaknesses that jeopardize the liquidation of the debt, and have a distinct possibility that some loss will be sustained if the weaknesses are not corrected. All loans greater than three months past due are considered Substandard. Any portion of a loan that has been charged off is placed in the Loss category.

To help ensure that risk ratings are accurate and reflect the present and future capacity of borrowers to repay a loan as agreed, the Bank has a structured loan rating process with several layers of internal and external oversight. Generally, consumer and residential mortgage loans are included in the Pass categories unless a specific action, such as severe delinquency, bankruptcy, repossession, or death occurs to raise awareness of a possible credit event. The Bank’s Commercial Loan Officers are responsible for the timely and accurate risk rating of the loans in their portfolios at origination and on an ongoing basis. The Asset Review Committee performs monthly reviews of all commercial relationships internally rated 6 (“Watch”) or worse. Confirmation of the appropriate risk grade is performed by an external Loan Review Company that semi-annually reviews and assesses loans within the portfolio. Generally, the external consultant reviews commercial relationships greater than $500,000 and/or criticized relationships greater than $250,000. Detailed reviews, including plans for resolution, are performed on loans classified as Substandard on a monthly basis.

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

The allowance for loan losses is maintained at an amount management deems adequate to cover estimated losses. In determining the level to be maintained, management evaluates many factors, including current economic trends, industry experience, historical loss experience, industry loan concentrations, the borrowers’ ability to repay and repayment performance, and estimated collateral values. In the opinion of management, the present allowance is adequate to absorb reasonable, foreseeable loan losses. While management uses the best information available to make such evaluations, future adjustments to the allowance may be necessary based on changes in economic conditions or any of the other factors used in management’s determination. In addition, various regulatory agencies, as an integral part of their examination process, periodically review the Company’s allowance for losses on loans. Such agencies may require the Company to recognize additions to the allowance based on their judgments about information available to them at the time of their examination. Charge-offs to the allowance are made when the loan is transferred to other real estate owned or other determination of a confirmed loss. Recoveries on loans previously charged off are also recorded through the allowance.

A loan is considered impaired when, based upon current information and events, it is probable that a creditor will be unable to collect all amounts due including principal and interest, according to the contractual terms of the loan agreement. The Company measures impaired loans based on the present value of expected future cash flows discounted at the loan’s effective interest rate or as a practical expedient, at the loan’s current observable market price, or the fair value of the collateral if the loan is collateral dependent. The amount by which the recorded investment of an impaired loan exceeds the measurement value is recognized by creating a valuation allowance through a charge to the provision for loan losses. Impairment criteria generally do not apply to those smaller-balance homogeneous loans that are collectively evaluated for impairment which for the Company includes one- to four-family first mortgage loans and consumer loans, other than those modified in a troubled debt restructuring (TDR).

5. Premises and Equipment

Premises and equipment are carried at cost less accumulated depreciation, and include capitalized expenditures for new facilities, major betterments and renewals. Expenditures for maintenance and repairs are charged to expense as incurred. Depreciation is computed using the straight-line method based upon the estimated useful lives of the related assets for financial reporting purposes and using the mandated methods by asset type for income tax purposes. Leasehold improvements are depreciated using the straight-line method based upon the initial term of the lease.

The Company accounts for the impairment of long-lived assets in accordance with US GAAP, which requires recognition and measurement for the impairment of long-lived assets to be held and used or to be disposed of by sale. The Company had no impaired long-lived assets at September 30, 2012 and 2011

6. Derivative Contracts

Derivative contracts are carried at fair value with unrealized gains and losses excluded from earnings and reported in a separate component of stockholders’ equity, net of related income tax effects. Gains and losses on derivative contracts are recognized upon realization utilizing the specific identification method.

As required by US GAAP, the Company recognizes all derivatives as either assets or liabilities in the statement of financial condition and measures those instruments at fair value.

7. Other Real Estate Owned

Real estate acquired through foreclosure, or a deed-in-lieu of foreclosure, is recorded at fair value less estimated selling costs at the date of acquisition or transfer, and subsequently at the lower of its new cost or fair value less estimated selling costs. Adjustments to the carrying value at the date of acquisition or transfer are charged to the allowance for loan losses. The carrying value of the individual properties is subsequently adjusted to the extent it exceeds estimated fair value less estimated selling costs, at which time a provision for losses on such real estate is charged to operations.

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

Operating expenses of holding real estate, net of related income, are charged against income as incurred. Gains on sales of real estate are recognized, normally at closing, when down payment and certain other requirements are met; otherwise such gains are deferred and recognized on the installment method of accounting. Losses on the disposition of real estate, including expenses incurred in connection with the disposition, are charged to operations.

8. Income Taxes

The Company and its subsidiaries file consolidated federal and individual state income tax returns. Income taxes are allocated based on the contribution of their respective income or loss to the consolidated income tax return.

The Company records income taxes on the basis of reported income using the asset and liability method. Accordingly, deferred tax assets and liabilities are recognized for the future tax consequences attributable to differences between the financial statement carrying amounts of existing assets and liabilities and their respective tax basis. To the extent that current available evidence about the future raises doubt about the realization of a deferred tax asset, a valuation allowance is established. Deferred tax assets and liabilities are measured using enacted tax rates expected to apply to taxable income in the years in which those temporary differences are expected to be recovered or settled. The effect on deferred tax assets and liabilities of a change in tax rates is recognized in income in the period that includes the enactment date.

The Company follows the provisions of FASB ASC Topic 740, which provides clarification on accounting for uncertainty in income taxes recognized in an enterprise’s financial statements. The guidance prescribes a recognition threshold and measurement attribute for the financial statement recognition and measurement of a tax position taken or expected to be taken in a tax return, and also provides guidance on derecognition, classification, interest and penalties, accounting in interim periods, disclosure and transition. At September 30, 2012 and 2011, no significant income tax uncertainties have been included in the Company’s Consolidated Balance Sheets. The Company’s policy is to recognize interest and penalties on unrecognized tax benefits in income tax expense in the Consolidated Statements of Operations. No interest and penalties were recorded during the years ended September 30, 2012 and 2011. The tax years subject to examination by the taxing authorities are the years ended September 30, 2007 and forward.

9. Advertising Costs

The Company expenses advertising costs as incurred.

10. Earnings Per Share

Basic income (loss) per share is calculated by dividing income (loss) available to common stockholders by the weighted average number of shares of common stock outstanding for the period. The weighted average common shares outstanding include shares held by the Magyar Bancorp, MHC and shares allocated to the Employee Stock Ownership Plan.

Diluted income (loss) per share is calculated by adjusting the weighted average common shares outstanding to reflect the potential dilution that could occur using the treasury stock method if securities or other contracts to issue common stock, such as stock options and unvested restricted stock, were exercised and converted into common stock. The resulting shares issued would share in the earnings of the Company. Shares issued and shares reacquired during the period are weighted for the portion of the period that they were outstanding. In periods of loss, dilution is not calculated and diluted loss per share is equal to basic loss per share.

The following tables illustrate the reconciliation of the numerators and denominators of the basic and diluted earnings per share (EPS) calculations.

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

	For the Years Ended September 30,
	2012						2011
			Weighted		Per					Weighted		Per
			average		share					average		share
	Income		shares		Amount		Income			shares		Amount
	(In thousands, except share and per share data)
Basic EPS
Net income (loss) available to common shareholders	$	509		5,810,294	$	0.09	$	(249	)		5,802,384	$	(0.04	)
Effect of dilutive securities
Options and grants		—		—		—		—			—		—
Diluted EPS
Net income (loss) available to common shareholders plus assumed conversion	$	509		5,810,294	$	0.09	$	(249	)		5,802,384	$	(0.04	)

All options were anti-dilutive at September 30, 2012 and 2011.

11. Comprehensive Income (Loss)

Comprehensive income (loss) includes net income (loss) as well as certain other items which result in a change to equity during the period.

The other items allocated to comprehensive income (loss), as well as the related income tax effects, for the year ended September 30, 2012 and 2011 were as follows:

	September 30,
	2012									2011
							Net of									Net of
	Before Tax			Tax (Benefit)			Tax			Before Tax			Tax (Benefit)			Tax
	Amount			Expense			Amount			Amount			Expense			Amount
	(Dollars in thousands)
Unrealized holding gains (losses) arising
during period on:

Available-for-sale investments	$	276		$	(116	)	$	160		$	814		$	(309	)	$	505
Less reclassification adjustment for net gains
realized on available-for-sale investments		(286	)		114			(172	)		(133	)		53			(80	)
Minimum pension liability		(222	)		89			(133	)		(347	)		138			(209	)
Interest rate derivatives		(87	)		35			(52	)		(151	)		60			(91	)

Other comprehensive gain (loss), net	$	(319	)	$	122		$	(197	)	$	183		$	(58	)	$	125

In April 2008, the Company unwound a $10 million interest rate collar with Lehman Brothers Special Financing Inc. and received an $817,000 termination fee. The termination fee was netted against the book value of $112,000, resulting in an unrealized gain of $705,000. In accordance with US GAAP, the unrealized gain remained in other comprehensive income, net of deferred tax expense, and will be accreted to income over the previously contracted life of the interest rate collar, which was scheduled to mature June 24, 2013. At September 30, 2012, the book value of the unwound derivative was $54,000, recorded as $32,000 in other comprehensive loss, net of deferred tax of $22,000. At September 30, 2011, the book value of the unwound derivative was $141,000, recorded as $84,000 in other comprehensive loss, net of deferred tax of $57,000.

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

12.

Bank-Owned Life Insurance

The Company has purchased Bank-Owned Life Insurance policies (“BOLI”). BOLI involves the purchasing of life insurance by the Company on directors and executive officers. The proceeds are used to help defray the costs of non-qualified compensation plans. The Company is the owner and beneficiary of the policies. BOLI is recorded on the consolidated Balance Sheet at its cash surrender value and changes in the cash surrender value are recorded in non-interest income.

13.

New 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.

The FASB issued ASU 2011-04, Amendments to Achieve Common Fair Value Measurement and Disclosure Requirements in U.S. GAAP and IFRSs, to amend FASB ASC Topic 820, Fair Value Measurements, to bring U.S. GAAP for fair value measurements in line with International Accounting Standards. The ASU clarifies existing guidance for items such as: the application of the highest and best use concept to non-financial assets and liabilities; the application of fair value measurement to financial instruments classified in a reporting entity’s stockholder’s equity; and disclosure requirements regarding quantitative information about unobservable inputs used in the fair value measurements of level 3 assets. The ASU also creates an exception to Topic 820 for entities which carry financial instruments within a portfolio or group, under which the entity is now permitted to base the price used for fair valuation upon a price that would be received to sell the net asset position or transfer a net liability position in an orderly transaction. The ASU also allows for the application of premiums and discounts in a fair value measurement if the financial instrument is categorized in level 2 or 3 of the fair value hierarchy. Lastly, the ASU contains new disclosure requirements regarding fair value amounts categorized as level 3 in the fair value hierarchy such as: disclosure of the valuation process used; effects of and relationships between unobservable inputs; usage of nonfinancial assets for purposes other than their highest and best use when that is the basis of the disclosed fair value; and categorization by level of items disclosed at fair value, but not measured at fair value for financial statement purposes. This ASU is effective for interim and annual periods beginning after December 15, 2011. The Company is evaluating the updates to Topic 820 and does not expect their implementation to have a material impact on its consolidated financial statements.

The FASB issued ASU 2011-05, Presentation of Comprehensive Income to amend FASB ASC Topic 220, Comprehensive Income, to facilitate the continued alignment of U.S. GAAP with International Accounting Standards. The ASU prohibits the presentation of the components of comprehensive income in the statement of stockholder’s equity. Reporting entities are allowed to present either: a statement of comprehensive income, which reports both net income and other comprehensive income; or separate, but consecutive, statements of net income and other comprehensive income. Under previous GAAP, all 3 presentations were acceptable. Regardless of the presentation selected, the Reporting Entity is required to present all reclassifications between other comprehensive and net income on the face of the new statement or statements. The provisions of this ASU are effective for fiscal years and interim periods within those years, beginning after December 31, 2011. The Company elected to early-adopt this guidance and has presented a separate statement of comprehensive income in its consolidated financial statements.

The FASB issued ASU 2011-12, Comprehensive Income (Topic 220):Deferral of the Effective Date for Amendments to the Presentation of Reclassifications of Items Out of Accumulated Other Comprehensive Income in Accounting Standards Update No. 2011-05. The amendments to the Codification in ASU No. 2011-12 are effective at the same time as the amendments in ASU No. 2011-05, so that entities will not be required to comply with the presentation requirements in ASU No. 2011-05 that ASU No. 2011-12 is deferring. The amendments are being made to allow the FASB time to redeliberate whether to present on the face of the financial statements the effects of reclassifications out of accumulated other comprehensive income on the components of net income and other comprehensive income for all periods presented. All other requirements in ASU No. 2011-05 are not affected by ASU No. 2011-12, including the requirement to report comprehensive income either in a single continuous financial statement or in two separate but consecutive financial statements.

NOTE C – STOCK-BASED COMPENSATION

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

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. 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 two-year period ended September 30, 2012:

					Weighted
			Weighted		Average		Aggregate
	Number of		Average		Remaining		Intrinsic
	Stock Options		Exercise Price		Contractual Life		Value
Balance at September 30, 2010		188,276	$	14.61		6.4 years	$	—
Granted		—		—
Exercised		—		—
Forfeited		—	$	—
Balance at September 30, 2011		188,276	$	14.61		5.4 years	$	—
Granted		—		—
Exercised		—		—
Forfeited		—		—
Balance at September 30, 2012		188,276	$	14.61		4.4 years	$	—

Exercisable at September 30, 2012		188,276	$	14.61		4.4 years	$	—

No stock options were granted or exercised during the years ended September 30, 2012 and 2011.

The following is a summary of the status of the Company’s non-vested restricted shares as of September 30, 2012 and 2011, and changes during those years:

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

				Weighted
				Average
	Number of			Grant Date
	Stock Awards			Fair Value
Balance at September 30, 2010		45,393		$	11.45
Granted		6,252			4.30
Vested		(18,500	)		13.03
Forfeited		—			—
Balance at September 30, 2011		33,145			9.22
Granted		—			—
Vested		(19,743	)		12.48
Forfeited		—			—
Balance at September 30, 2012		13,402		$	4.43

Stock option and stock award expenses included with compensation expense were $68,000 and $113,000, respectively, for the year ended September 30, 2012, and $162,000 and $241,000, respectively, for the year ended September 30, 2011. The Company had no other stock-based compensation plans as of September 30, 2012 except as disclosed below.

On April 27, 2007 the Company announced its first stock repurchase program and authorized the repurchase of up to 5% of its publicly-held outstanding shares of common stock, or approximately 130,927 shares. The Company completed its first stock repurchase program of 130,927 shares in November 2007 and announced a second repurchase program of up to 5% of its publicly-held outstanding shares of common stock, or 129,924 shares in November 2007. Pursuant to the second repurchase program, the Company had repurchased 81,000 shares of its common stock at an average cost of $8.33 per share through September 30, 2012 including 14,030 shares repurchased during the year ended September 30, 2012, at an average cost of $3.27. Under the second stock repurchase program, 48,924 shares of the 129,924 shares authorized remained available for repurchase. One of the Company’s intended uses of the repurchased shares is to satisfy awards granted under the 2006 Equity Incentive Plan.

The Company has an Employee Stock Ownership Plan ("ESOP") for the benefit of employees who meet 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 to Prime (3.25% at September 30, 2012) 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 Sheet. The Company accounts for its ESOP in accordance with FASB ASC Topic 718, “Employer’s Accounting for Employee Stock Ownership Plans”. As shares are released from collateral, the Company reports compensation expense equal to the current market price of the shares, and the shares become outstanding for earnings per share computations. The Company's contribution expense for the ESOP was $48,000 and $53,000 for years ended September 30, 2012 and 2011, respectively.

The following table presents the components of the ESOP shares as of September 30, 2012:

Unreleased shares at September 30, 2011	126,763
Shares released for allocation during the year ended September 30, 2012	(12,445	)
Unreleased shares at September 30, 2012	114,318
Total released shares	103,545

Total ESOP shares	217,863

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

The aggregate fair value of the unreleased shares at September 30, 2012 was approximately $536,000.

NOTE D - INVESTMENT SECURITIES

The unamortized cost, gross unrealized gains or losses and fair value of the Company’s investment securities available-for-sale and held-to-maturity are as follows:

	September 30, 2012
			Gross		Gross
	Amortized		Unrealized		Unrealized			Fair
	Cost		Gains		Losses			Value
	(Dollars in thousands)
Securities available for sale:
Obligations of U.S. government agencies:
Mortgage backed securities - residential	$	1,850	$	11	$	—		$	1,861
Obligations of U.S. government-sponsored enterprises:
Mortgage-backed securities-residential		8,368		207		—			8,575
Mortgage backed securities-commercial		4,053		175		—			4,228
Debt securities		1,000		67		—			1,067
Private label mortgage-backed securities-residential		1,031		25		(1	)		1,055
Total securities available for sale	$	16,302	$	485	$	(1	)	$	16,786

	September 30, 2012
			Gross		Gross
	Amortized		Unrealized		Unrealized			Fair
	Cost		Gains		Losses			Value
	(Dollars in thousands)
Securities held to maturity:
Obligations of U.S. government agencies:
Mortgage-backed securities - residential	$	10,790	$	414	$	(8	)	$	11,196
Mortgage-backed securities - commercial		1,522		14		—			1,536
Obligations of U.S. government-sponsored enterprises:
Mortgage backed securities - residential		18,578		722		(5	)		19,295
Debt securities		5,770		6		—			5,776
Private label mortgage-backed securities - residential		1,367		27		—			1,394
Obligations of state and political subdivisions		41		1		—			42
Corporate securities		3,000		—		(109	)		2,891
Total securities held to maturity	$	41,068	$	1,184	$	(122	)	$	42,130

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

	At September 30, 2011
			Gross		Gross
	Amortized		Unrealized		Unrealized			Fair
	Cost		Gains		Losses			Value
	(Dollars in thousands)
Securities available for sale:
Obligations of U.S. government agencies:
Mortgage backed securities - residential	$	3,310	$	84	$	—		$	3,394
Obligations of U.S. government-sponsored enterprises:
Mortgage-backed securities-residential		13,915		215		(42	)		14,088
Mortgage backed securities-commercial		4,137		265		—			4,402
Debt securities		2,000		29		—			2,029
Private label mortgage-backed securities-residential		1,456		—		(57	)		1,399
Total securities available for sale	$	24,818	$	593	$	(99	)	$	25,312

Securities held to maturity:
Obligations of U.S. government agencies:
Mortgage-backed securities - residential	$	14,875	$	483	$	(11	)	$	15,347
Mortgage-backed securities - commercial		1,646		18		—			1,664
Obligations of U.S. government-sponsored enterprises:
Mortgage backed securities - residential		17,315		441		—			17,756
Debt securities		6,500		12		—			6,512
Private label mortgage-backed securities - residential		1,592		14		(160	)		1,446
Obligations of state and political subdivisions		72		2		—			74
Corporate securities		3,000		—		(86	)		2,914
Total securities held to maturity	$	45,000	$	970	$	(257	)	$	45,713

The contractual maturities of mortgage-backed securities generally exceed 10 years; however, the effective lives are expected to be shorter due to anticipated prepayments. The amortized cost and fair value of the Company’s securities available-for-sale at September 30, 2012 are summarized in the following table:

	September 30, 2012
	Amortized		Fair
	Cost		Value
Due after 5 but within 10 years	$	1,000	$	1,067
Total debt securities		1,000		1,067

Mortgage-backed securities:
Residential		11,249		11,491
Commercial		4,053		4,228
Total	$	16,302	$	16,786

⁽¹⁾

Available-for-sale mortgage-backed securities – residential include an amortized cost of $1.85 million and a fair value of $1.86 million for obligations of U.S. government agencies issued by the Government National Mortgage Association and obligations of U.S. government-sponsored enterprises issued by Federal National Mortgage Association and Federal Home Loan Mortgage Corporation which had an amortized cost of $8.4 million and a fair value of $8.6 million. Also included are residential mortgage backed securities issued by non-U.S. government agencies and government-sponsored enterprises with an amortized cost of $1.0 million and fair value of $1.1 million.

⁽²⁾

Available-for-sale mortgage-backed securities – commercial include an amortized cost of $4.1 million and a fair value of $4.2 million for obligations of U.S. government-sponsored enterprises issued by the Federal National Mortgage Association.

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

The maturities of the debt securities and the mortgage-backed securities held to maturity at September 30, 2012 are summarized in the following table:

	September 30, 2012
	Amortized		Fair
	Cost		Value
Due after 1 but within 5 years	$	3,041	$	2,933
Due after 5 but within 10 years		1,760		1,760
Due after 10 years		4,010		4,016
Total debt securities		8,811		8,709

Mortgage backed securities:
Residential		30,735		31,885
Commercial		1,522		1,536
Total	$	41,068	$	42,130

⁽¹⁾

Held-to-maturity mortgage-backed securities – residential include an amortized cost of $10.8 million and a fair value of $11.2 million for obligations of U.S. government agencies issued by the Government National Mortgage Association and obligations of U.S. government-sponsored enterprises issued by Federal National Mortgage Association and Federal Home Loan Mortgage Corporation which had an amortized cost of $18.6 million and a fair value of $19.3 million. Also included are mortgage backed securities issued by non-U.S. government agencies and government-sponsored enterprises with an amortized cost of $1.4 million and a fair value of $1.4 million.

⁽²⁾

Held-to-maturity mortgage-backed securities – commercial include an amortized cost of $1.5 million and a fair value of $1.5 million for obligations of U.S. government agencies issued by the Small Business Administration.

There were $13.9 million and $9.7 million in sales of securities from the available-for-sale portfolios during the years ended September 30, 2012 and 2011, respectively. The gross gains on sales of the available-for-sale securities totaled $286,000 and $133,000, respectively. There were no sales from the held-to-maturity portfolio during the years ended September 30, 2012 and 2011.

As of September 30, 2012 and 2011, securities having an estimated fair value of approximately $1,730,000 and $2,349,000, respectively, were pledged to secure public deposits.

Details of securities with unrealized losses for the years ended September 30, 2012 and 2011 are as follows:

			September 30, 2012
			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	$	—	$	—		$	1,729	$	(8	)	$	1,729	$	(8	)
Mortgage-backed securities - commercial				—		—			—		—			—		—
Obligations of U.S. government-sponsored enterprises
Mortgage backed securities - residential		1		1,143		(5	)		—		—			1,143		(5	)
Mortgage backed securities - commercial				—		—			—		—			—		—
Private label mortgage-backed securities residential		3		—		—			26		(1	)		26		(1	)
Corporate securities		1		—		—			2,891		(109	)		2,891		(109	)
Total		6	$	1,143	$	(5	)	$	4,646	$	(118	)	$	5,789	$	(123	)

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

			September 30, 2011
			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	$	2,339	$	(11	)	$	—	$	—		$	2,339	$	(11	)
Mortgage-backed securities - commercial		1		—		—			21		—			21		—
Obligations of U.S. government-sponsored enterprises
Mortgage backed securities - residential		4		6,925		(42	)		—		—			6,925		(42	)
Private label mortgage-backed securities residential		3		—		—			2,132		(217	)		2,132		(217	)
Corporate securities		1		2,914		(86	)		—		—			2,914		(86	)
Total		10	$	12,178	$	(139	)	$	2,153	$	(217	)	$	14,331	$	(356	)

The investment securities listed above currently have fair values less than amortized cost and therefore contain unrealized losses. The Company evaluated these securities and determined that the decline in value was primarily related to fluctuations in the interest rate environment and were not related to any company or industry specific event. At September 30, 2012 and September 30, 2011, there were six and ten investment securities with unrealized losses.

The Company anticipates full recovery of amortized costs with respect to these securities. The Company does not intend to sell these securities and has determined that it is not more likely than not that the Company would be required to sell these securities prior to maturity or market price recovery. Management has considered factors regarding other than temporarily impaired securities and determined that there are no securities with impairment that is other than temporary as of September 30, 2012 and 2011.

NOTE E - LOANS RECEIVABLE, NET

Loans receivable are comprised of the following:

	September 30,			September 30,
	2012			2011
	(Dollars in thousands)

One-to four-family residential	$	157,536		$	159,228
Commercial real estate		148,806			120,994
Construction		17,952			34,144
Home equity lines of credit		23,435			22,352
Commercial business		29,930			36,195
Other		11,265			11,945

Total loans receivable		388,924			384,858
Net deferred loan costs		204			208
Allowance for loan losses		(3,858	)		(3,812	)

Total loans receivable, net	$	385,270		$	381,254

Certain directors and executive officers of the Company have loans with the Bank. Such loans were made in the ordinary course of business at the Company’s normal credit terms, including interest rate and collateralization, and do not represent more than a normal risk of collection. Total loans receivable from directors and executive officers, and affiliates thereof, were approximately $5,907,000 and $6,406,000 at September 30, 2012 and 2011, respectively. Total principal additions were approximately $1,464,000 and total principal repayments were approximately $1,963,000 for the year ended September 30, 2012.

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

At September 30, 2012 and 2011, the Company was servicing loans for others amounting to approximately $27,200,000 and $23,995,000, respectively. The Company held mortgage servicing rights in the amount of $279,000 and $235,000 at September 30, 2012 and 2011, respectively. Servicing loans for others generally consists of collecting mortgage payments, maintaining escrow accounts, disbursing payments to investors, and foreclosure processing. Loan servicing income is recorded on the cash basis and includes servicing fees from investors and certain charges collected from borrowers, such as late payment fees. In connection with loans serviced for others, the Company held borrowers’ escrow balances of approximately $209,000 and $193,000 at September 30, 2012 and 2011, respectively.

The segments of the Bank’s loan portfolio are disaggregated to a level that allows management to monitor risk and performance. The residential mortgage loan segment is further disaggregated into two classes: amortizing term loans, which are primarily first liens, and home equity lines of credit, which are generally second liens. The commercial loan segment is further disaggregated into three classes. Commercial real estate loans include loans secured by multifamily structures, owner-occupied commercial structures, and non-owner occupied nonresidential properties. The construction loan segment consists primarily of developers or investors for the purpose of acquiring, developing and constructing residential or commercial structures and to a lesser extent one-to-four family residential construction loans made to individuals for the acquisition of and/or construction on a lot or lots on which a residential dwelling is to be built. Construction loans to developers and investors have a higher risk profile because the ultimate buyer, once development is completed, is generally not known at the time of the loan. The commercial business loan segment consists of loans made for the purpose of financing the activities of commercial customers and consists primarily of revolving lines of credit. The consumer loan segment consists primarily of stock-secured installment loans, but also includes unsecured personal loans and overdraft lines of credit connected with customer deposit accounts.

Management evaluates individual loans in all segments for possible impairment if the loan either is in nonaccrual status, or is risk rated Substandard and is greater than 90 days past due. Loans are considered to be impaired when, based on current information and events, it is probable that the Company will be unable to collect the scheduled payments of principal or interest when due according to the contractual terms of the loan agreement. Factors considered by management in evaluating impairment include payment status, collateral value, and the probability of collecting scheduled principal and interest payments when due. Management determines the significance of payment delays and payment shortfalls on a case-by-case basis, taking into consideration all of the circumstances surrounding the loan and the borrower, including the length of the delay, the reasons for the delay, the borrower’s prior payment record, and the amount of the shortfall in relation to the principal and interest owed.

Once the determination has been made that a loan is impaired, the recorded investment in the loan is compared to the fair value of the loan using one of three methods: (a) the present value of expected future cash flows discounted at the loan’s effective interest rate; (b) the loan’s observable market price; or (c) the fair value of the collateral securing the loan, less anticipated selling and disposition costs. The method is selected on a loan-by loan basis, with management primarily utilizing the fair value of collateral method. If there is a shortfall between the fair value of the loan and the recorded investment in the loan, the Company charges the difference to the allowance for loan loss as a charge-off and carries the impaired loan on its books at fair value. It is the Company’s policy to evaluate impaired loans on an annual basis to ensure the recorded investment in a loan does not exceed its fair value.

The following table presents impaired loans by class, segregated by those for which a specific allowance was required and charged-off and those for which a specific allowance was not necessary for the period presented:

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

					Impaired
					Loans with
	Impaired Loans with				No Specific
	Specific Allowance				Allowance		Total Impaired Loans
									Unpaid		Average Recorded
	Recorded		Related		Recorded		Recorded		Principal		Investment
At September 30, 2012	Investment		Allowance		Investment		Investment		Balance		During the Year
	(Dollars in thousands)

One-to four-family residential	$	—	$	—	$	7,124	$	7,124	$	7,594	$	5,342
Commercial real estate		3,999		798		2,425		6,424		7,204		7,094
Construction		—		—		5,141		5,141		6,927		9,807
Home equity lines of credit		1,340		122		967		2,307		2,475		1,579
Commercial business		—		—		57		57		57		217
Other		12		12		—		12		12		2
Total impaired loans	$	5,351	$	932	$	15,714	$	21,065	$	24,269	$	24,042

					Impaired
					Loans with
	Impaired Loans with				No Specific
	Specific Allowance				Allowance		Total Impaired Loans
									Unpaid
	Recorded		Related		Recorded		Recorded		Principal
Year Ended September 30, 2011	Investment		Allowance		Investment		Investment		Balance
	(Dollars in thousands)

One-to four-family residential	$	—	$	—	$	3,523	$	3,523	$	3,532
Commercial real estate		1,679		239		5,477		7,156		8,160
Construction		3,263		77		12,294		15,557		18,831
Home equity lines of credit		—		—		788		788		833
Commercial business		—		—		255		255		342
Total impaired loans	$	4,942	$	316	$	22,337	$	27,279	$	31,698

The average recorded investment in impaired loans was $26,288,000 during the year ended September 30, 2011. During the year ended September 30, 2012 and 2011, no interest income was recognized while the loans were impaired, and no interest income was recognized using the cash basis method of accounting while these loans were impaired.

The following table presents the classes of the loan portfolio summarized by the aggregate Pass and the criticized categories of Special Mention, Substandard and Doubtful within the Bank’s internal risk rating system for the period presented:

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

			Special
	Pass		Mention		Substandard		Doubtful		Total

	(Dollars in thousands)
September 30, 2012
One-to four-family residential	$	146,487	$	3,925	$	7,124	$	—	$	157,536
Commercial real estate		137,616		3,063		6,448		1,679		148,806
Construction		8,274		4,537		5,141		—		17,952
Home equity lines of credit		20,295		833		967		1,340		23,435
Commercial business		26,057		3,151		722		—		29,930
Other		11,253		—		12		—		11,265
Total	$	349,982	$	15,509	$	20,414	$	3,019	$	388,924

			Special
	Pass		Mention		Substandard		Doubtful		Total

	(Dollars in thousands)
September 30, 2011
One-to four-family residential	$	150,306	$	4,720	$	4,202	$	—	$	159,228
Commercial real estate		104,993		5,868		10,133		—		120,994
Construction		12,378		6,209		15,557		—		34,144
Home equity lines of credit		20,092		833		1,427		—		22,352
Commercial business		29,927		5,039		1,229		—		36,195
Other		11,945		—		—		—		11,945
Total	$	329,641	$	22,669	$	32,548	$	—	$	384,858

Management further monitors the performance and credit quality of the loan portfolio by analyzing the age of the portfolio as determined by the length of time a recorded payment is past due. The following table presents the classes of the loan portfolio summarized by the aging categories of performing loans and nonaccrual loans for the period presented:

			30-59		60-89
			Days		Days		90 Days +		Total		Non-		Total
	Current		Past Due		Past Due		Past Due		Past Due		Accrual		Loans
	(Dollars in thousands)
September 30, 2012
One-to four-family residential	$	147,749	$	621	$	1,589	$	7,577	$	9,787	$	7,577	$	157,536
Commercial real estate		141,674		—		708		6,424		7,132		6,424		148,806
Construction		12,811		—		—		5,141		5,141		5,141		17,952
Home equity lines of credit		22,353		160		59		863		1,082		863		23,435
Commercial business		29,761		10		102		57		169		57		29,930
Other		11,253		—		—		12		12		12		11,265
Total	$	365,601	$	791	$	2,458	$	20,074	$	23,323	$	20,074	$	388,924

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

			30-59		60-89
			Days		Days		90 Days +		Total		Non-		Total
	Current		Past Due		Past Due		Past Due		Past Due		Accrual		Loans
	(Dollars in thousands)
September 30, 2011
One-to four-family residential	$	154,164	$	523	$	485	$	4,056	$	5,064	$	3,523	$	159,228
Commercial real estate		112,546		—		851		7,597		8,448		7,156		120,994
Construction		18,588		—		92		15,464		15,556		15,464		34,144
Home equity lines of credit		21,384		180		—		788		968		788		22,352
Commercial business		35,940		—		—		255		255		255		36,195
Other		11,945		—		—		—		—		—		11,945
Total	$	354,567	$	703	$	1,428	$	28,160	$	30,291	$	27,186	$	384,858

The amount of interest income not recognized on non-accrual loans was approximately $2.1 million and $1.8 million for the years ended September 30, 2012 and 2011, respectively. At September 30, 2012 and September 30, 2011, there were no commitments to lend additional funds to borrowers whose loans are classified as non-accrual.

An allowance for loan losses (“ALL”) is maintained to absorb losses from the loan portfolio. The ALL is based on management’s continuing evaluation of the risk characteristics and credit quality of the loan portfolio, assessment of current economic conditions, diversification and size of the portfolio, adequacy of collateral, past and anticipated loss experience, and the amount of NPLs.

The Bank’s methodology for determining the ALL is based on the requirements of ASC Section 310-10-35 for loans individually evaluated for impairment (discussed above) and ASC Subtopic 450-20 for loans collectively evaluated for impairment, as well as the Interagency Policy Statements on the Allowance for Loan and Lease Losses and other bank regulatory guidance.

Loans that are collectively evaluated for impairment are analyzed with general allowances being made as appropriate. For general allowances, historical loss trends are used in the estimation of losses in the current portfolio. These historical loss amounts are modified by other qualitative and economic factors.

The loans are segmented into classes based on their inherent varying degrees of risk, as described above. Management tracks the historical net charge-off activity by segment and utilizes this figure, as a percentage of the segment, as the general reserve percentage for pooled, homogenous loans that have not been deemed impaired. Typically, an average of losses incurred over a defined number of consecutive historical years is used. A 5 year history is currently utilized for all loan segments except for construction loans, where the highest single year loss percentage of the most recent five years is used in place of a 5 year average.

Non-impaired credits are segregated for the application of qualitative factors. Management has identified a number of additional qualitative factors which it uses to supplement the historical charge-off factor because these factors are likely to cause estimated credit losses associated with the existing loan pools to differ from historical loss experience. The additional factors that are evaluated quarterly and updated using information obtained from internal, regulatory, and governmental sources are: national and local economic trends and conditions; levels of and trends in delinquency rates and non-accrual loans; trends in volumes and terms of loans; effects of changes in lending policies; experience, ability, and depth of lending staff; value of underlying collateral; and concentrations of credit from a loan type, industry and/or geographic standpoint.

Management reviews the loan portfolio on a quarterly basis using a defined, consistently applied process in order to make appropriate and timely adjustments to the ALL. When information confirms all or part of specific loans to be uncollectible, these amounts are promptly charged off against the ALL. Since loans individually evaluated for impairment are promptly written down to their fair value, typically there is no portion of the ALL for loans individually evaluated for impairment.

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

The following table summarizes the activity in the allowance for loan losses by loan category for the year ended September 30, 2012:

	One-to Four-									Home Equity
	Family			Commercial						Lines of			Commercial
	Residential			Real Estate			Construction			Credit			Business			Other		Unallocated			Total
	(Dollars in thousands)

Balance- September 30, 2011	$	734		$	1,266		$	1,043		$	101		$	551		$	13	$	104		$	3,812
Charge-offs		(326	)		(110	)		(880	)		(81	)		(69	)		—		—			(1,466	)
Recoveries		—			—			51			—			—			—		—			51
Provision		202			773			426			212			(99	)		10		(63	)		1,461
Balance-September 30, 2012	$	610		$	1,929		$	640		$	232		$	383		$	23	$	41		$	3,858

The following table summarizes the activity in the allowance for loan losses for the year ended September 30, 2011:

Balance- September 30, 2010	$	4,766
Charge-offs		(2,733	)
Recoveries		31
Provision		1,748
Balance-September 30, 2011	$	3,812

The following tables summarize the ALL by loan category, segregated into the amount required for loans individually evaluated for impairment and the amount required for loans collectively evaluated for impairment as of September 30, 2012 and September 30, 2011:

	One-to Four-						Home Equity
	Family		Commercial				Lines of		Commercial
	Residential		Real Estate		Construction		Credit		Business		Other		Unallocated		Total
	(Dollars in thousands)
Allowance for Loan Losses:
Balance- September 30, 2012	$	610	$	1,929	$	640	$	232	$	383	$	23	$	41	$	3,858
Individually evaluated
for impairment		—		798		—		122		—		12		—		932
Collectively evaluated
for impairment		610		1,131		640		110		383		11		41		2,926

Loans receivable:
Balance-September 30, 2012	$	157,536	$	148,806	$	17,952	$	23,435	$	29,930	$	11,265			$	388,924
Individually evaluated
for impairment		7,124		6,424		5,141		2,307		57		12				21,065
Collectively evaluated
for impairment		150,412		142,382		12,811		21,128		29,873		11,253				367,859

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

	One-to Four-						Home Equity
	Family		Commercial				Lines of		Commercial
	Residential		Real Estate		Construction		Credit		Business		Other		Unallocated		Total
	(Dollars in thousands)
Allowance for Loan Losses:
Balance- September 30, 2011	$	734	$	1,266	$	1,043	$	101	$	551	$	13	$	104	$	3,812
Individually evaluated
for impairment		—		239		77		—		—		—		—		316
Collectively evaluated
for impairment		734		1,027		966		101		551		13		104		3,496

Loans receivable:
Balance- September 30, 2011	$	159,228	$	120,994	$	34,144	$	22,352	$	36,195	$	11,945			$	384,858
Individually evaluated
for impairment		3,523		7,156		15,557		788		255		—				27,279
Collectively evaluated
for impairment		155,705		113,838		18,587		21,564		35,940		11,945				357,579

The allowance for loan losses is based on estimates, and actual losses will vary from current estimates. Management believes that the segmentation of the loan portfolio into homogeneous pools and the related historical loss ratios and other qualitative factors, as well as the consistency in the application of assumptions, result in an ALL that is representative of the risk found in the components of the portfolio at any given date.

The Bank has adopted FASB issue ASU No. 2011-02 on the determination of whether a loan restructuring is considered to be a Troubled Debt Restructuring (“TDR”). A TDR is a loan that has been modified whereby the Bank has agreed to make certain concessions to a borrower to meet the needs of both the borrower and the Bank to maximize the ultimate recovery of a loan. TDR occurs when a borrower is experiencing, or is expected to experience, financial difficulties and the loan is modified using a modification that would otherwise not be granted to the borrower. The types of concessions granted generally included, but are not limited to interest rate reductions, limitations on the accrued interest charged, term extensions, and deferment of principal.

There were ten TDRs during the year ended September 30, 2012. These were classified as TDRs due to financial difficulty of the borrowers and lower than market interest rates. The following table summarizes the TDRs during the twelve month period ended September 30, 2012:

	Year Ended September 30, 2012
	Number of		Investment Before		Investment After
	Loans		TDR Modification		TDR Modification
	(Dollars in thousands)
One-to four-family residential		6	$	2,336	$	2,336
Commercial real estate		4		3,269		2,325
Construction		—		—		—
Home equity lines of credit		—		—		—
Commercial business		—		—		—
Other		—		—		—

Total		10	$	5,605	$	4,661

A default on a troubled debt restructured loan for purposes of this disclosure occurs when a borrower is 90 days past due or a foreclosure or repossession of the applicable collateral has occurred. During the year ended September 30, 2012, no defaults occurred on troubled debt restructured loans that were modified as a TDR within the previous 12 months.

The Company has interest-only mortgage loans with principal balances of $17.4 million and $17.9 million at September 30, 2012 and 2011, respectively. The average interest-only term on these loans is 10 years at which time these loans

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

reset to fully amortize over 20 years, on average. As these loans are collateralized by residential real estate with an average original loan-to-value of 73.9%, management does not anticipate any losses on these loans as of September 30, 2012.

Total loans pledged as collateral against Federal Home Loan Bank of New York borrowings was $86.3 million and $116.5 million as of September 30, 2012 and 2011, respectively.

NOTE F - ACCRUED INTEREST RECEIVABLE

The following is a summary of accrued interest receivable:

	September 30,
	2012		2011
	(Dollars in thousands)

Loans	$	1,686	$	1,649
Investment securities		91		134
Mortgage-backed securities		117		138

Total accrued interest receivable	$	1,894	$	1,921

NOTE G - PREMISES AND EQUIPMENT

Premises and equipment consist of the following:

	Estimated		September 30,
	Useful Lives		2012			2011
			(Dollars in thousands)

Land		Indefinite	$	5,330		$	3,670
Buildings and improvements		10-40 years		21,811			21,761
Furniture, fixtures and equipment		5-7 years		2,512			3,585
				29,653			29,016
Less accumulated depreciation and amortization				(8,112	)		(8,442	)
			$	21,541		$	20,574

For the years ended September 30, 2012 and 2011, depreciation expense included in occupancy expense amounted to approximately $935,000 and $974,000, respectively.

Hungaria Urban Renewal, LLC was formed in 2002 and its sole purpose was to purchase the land and construct the office building for which the Company is the primary tenant. During the period of construction, the Company had leased the land and building from the entity. The lease payments were structured to equal the debt service on the loans plus a nominal fee. The lease agreement contained an irrevocable purchase option allowing the Company to purchase the land and building from this entity for the aggregated outstanding indebtedness. The Company owns a 100% interest in Hungaria Urban Renewal, LLC, which has no other business other than owning the Bank’s main office site. At September 30, 2012, Hungaria Urban Renewal, LLC accounted for approximately $3,095,000, $11,374,000, and $314,000 of land, building, and furniture, fixtures and equipment, net of depreciation, respectively. At September 30, 2011, Hungaria Urban Renewal, LLC accounted for approximately $3,095,000, $11,718,000, and $419,000 of land, building, and furniture, fixtures and equipment, net of depreciation, respectively.

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

NOTE H - OTHER REAL ESTATE OWNED

The Company held $13.4 million of real estate owned properties at September 30, 2012 and $16.6 million at September 30, 2011. The Company incurred write-downs totaling $148,000 and $291,000 on these properties for the year ended September 30, 2012 and 2011; these amounts were carried as valuation allowances at September 30, 2012 and 2011, respectively. Further declines in real estate values may result in increased foreclosed real estate expense in the future. Routine holding costs are charged to expense as incurred and improvements to real estate owned that enhance the value of the real estate are capitalized.

NOTE I - DEPOSITS

A summary of deposits by type of account follows:

	September 30,
	2012		2011
	(Dollars in thousands)

Demand accounts	$	50,897	$	51,220
Savings accounts		55,293		60,533
NOW accounts		44,312		30,941
Money market accounts		107,555		106,689
Certificate of deposit		129,716		144,739
Retirement accounts		28,745		30,821

	$	416,518	$	424,943

The aggregate amount of deposit accounts with a minimum denomination of $100,000 was approximately $238,315,000 and $233,411,000 at September 30, 2012 and 2011, respectively. The aggregate amount of certificate deposits with balance of $100,000 or more was $82.6 million and $86.3 million at September 30, 2012 and 2011, respectively.

At September 30, 2012, certificates of deposit (including retirement accounts) have contractual maturities as follows (in thousands):

Year Ending September 30,
2013	$	78,686
2014		47,242
2015		13,365
2016		13,183
2017 and after		5,985
	$	158,461

NOTE J - BORROWINGS

1. Federal Home Loan Bank of New York Advances

Long term Federal Home Loan Bank of New York (FHLBNY) advances at September 30, 2012 and September 30, 2011 totaled approximately $35,103,000 and $34,916,000, respectively. The weighted average interest rate on advances outstanding at September 30, 2012 was 3.42%. The advances were collateralized by unencumbered qualified assets consisting of one-to-four family residential mortgage loans and investment securities. Advances are made pursuant to several different credit programs offered from time to time by the FHLBNY.

Long term FHLBNY advances as of September 30, 2012 mature as follows (in thousands):

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

Year Ending September 30,
2013	$	9,143
2014		8,700
2015		5,000
2016		2,260
2017		4,500
Thereafter		5,500
	$	35,103

Additionally, the Company has established an Overnight Line of Credit arrangement with the FHLBNY. The total amount available under the line of credit is based on the amount of eligible collateral pledged to the FHLBNY. At September 30, 2012, the Company had available credit from the FHLBNY totaling $43.6 million. Information concerning short-term arrangements with the FHLBNY is summarized as follows:

	September 30,
	2012		2011
	(Dollars in thousands)

Balance at end of year	$	1,400	$	—
Weighted average balance during the year	$	911	$	1,147
Maximum month-end balance during the year	$	8,750	$	10,100
Average interest rate during the year		0.38%		0.20%

2. Securities Sold Under Reverse Repurchase Agreements

Qualifying repurchase agreements are treated as financings and are reflected as a liability in the consolidated balance sheet. The Company had repurchase agreements of $5,000,000 and $15,000,000 at September 30, 2012 and 2011. The decrease was due to the $10.0 million in securities sold under agreements to repurchase matured on July 2012. The $5,000,000 outstanding at September 30, 2012, is at an interest rate of 3.83% maturing in December 2014. These agreements are collateralized by securities underlying the agreements and are held in safekeeping with the transaction’s counter-party. At September 30, 2012, the fair value of the FHLB obligation and mortgage-backed investment security collateral for these agreements totaled approximately $6,850,000.

NOTE K – SERVICING POLICY

The Company originates and sells loans receivable secured by one-to-four family residential properties and commercial business loans guaranteed by the SBA. The Company has sold loans on a servicing retained basis and on a servicing released basis. Loans sold with servicing released and servicing retained during the year ended September 30, 2012 were $0 and $9.2 million, respectively. Loans sold with servicing released and servicing retained during the year ended September 30, 2011 were $0 and $12.9 million, respectively. The Company accounts for sales in accordance with ASC 860, Transfers and Servicing. Upon sale, the receivables are removed from the balance sheet, mortgage servicing rights are recorded as an asset for servicing rights retained, and a gain on sale, if applicable, is recognized for the difference between the carrying value of the receivables and the sales proceeds, net of origination costs.

Gains on sales of loans, representing the difference between the total sales price received for the loans and the allocated cost of the loans, are recognized when mortgage loans are sold and delivered to the purchasers. Loans have been sold on a servicing released basis and servicing retained basis. Loans are accounted for as sold when control of the mortgage is surrendered. Control over the mortgage loans is deemed surrendered when (1) the mortgage loans have been isolated from the Company, (2) the buyer has the right (free of conditions that constrain it from taking advantage of that right) to pledge or exchange the mortgage loans and (3) the Company does not maintain effective control over the mortgage loans through either (a) an agreement that entitles and obligates the Company to repurchase or redeem the mortgage loans before maturity, or (b) the ability to unilaterally cause the buyer to return specific mortgage loans.

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

The Company services one-to-four family residential mortgage loans for investors in the secondary mortgage market, which are not included in the balance sheet. The Company’s fee is a percentage of the principal balance and is recognized as income when received. At September 30, 2012 and 2012, we were servicing such sold loans in the amount of $20.8 million and $18.2 million, respectively. Loan servicing includes collecting and remitting loan payments, accounting for principal and interest, contacting delinquent mortgagors, supervising foreclosures and property dispositions in the event of unremedied defaults, making certain insurance and tax payments on behalf of the borrowers and generally administering the loans. Mortgage servicing rights are amortized in proportion to, and over the period of, estimated net servicing revenues and are included in other assets on the consolidated balance sheet. Activity in mortgage servicing rights during the years ended September 30, 2012 and 2011 are summarized as follows:

	September 30,
	2012			2011
	(Dollars in thousands)

Beginning balance	$	235		$	136
Origination of mortgage servicing rights		141			170
Amortization		(97	)		(71	)
Ending balance	$	279		$	235

Mortgage servicing rights are carried at the lower of amortized cost or fair value. Fair values are estimated using discounted cash flows based on a current market interest rate.

The Company also services the SBA guaranteed portion of commercial business loans sold to investors in the secondary market, which are not included in the balance sheet. The Company’s fee is a percentage of the principal balance and is recognized as income when received. At September 30, 2012 and 2011, we were servicing SBA loans sold in the amount of $6.3 million and $5.8 million, respectively. Loan servicing includes collecting and remitting loan payments, accounting for principal and interest, contacting delinquent mortgagors, supervising foreclosures and property dispositions in the event of unremedied defaults, making certain insurance and tax payments on behalf of the borrowers and generally administering the loans.

NOTE L - INCOME TAXES

The income tax expense is comprised of the following components for the years ended September 30, 2012 and 2011:

	September 30,
	2012		2011
	(Dollars in thousands)

Current	$	20	$	6
Deferred		101		37
Total income tax expense	$	121	$	43

A reconciliation of income tax at the statutory tax rate to the effective income tax expense for the years ended September 30, 2012 and 2011 is as follows:

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

	September 30,
	2012			2011
	(Dollars in thousands)
Income tax expense (benefit) at statutory rate	$	214		$	(70	)
Increase (decrease) resulting from:
State income taxes, net of federal income tax benefit		34			(4	)
Tax-exempt income, net		(112	)		(121	)
Nondeductible expenses		4			3
Share based compensation		14			34
Employee stock ownership plan		(32	)		(31	)
Increase (decrease) in valuation allowance		(26	)		83
Other, net		25			149
Total income tax expense	$	121		$	43

The major sources of temporary differences and their deferred tax effect at September 30, 2012 and 2011 are as follows:

	September 30,
	2012			2011
	(Dollars in thousands)

Allowance for loan losses	$	1,541		$	1,523
Deferred loan fees		1,016			1,090
Employee benefits		299			316
Charitable contributions		13			21
Net operating losses		1,727			1,963
Alternative minimum tax credit		247			260
Unrealized loss, minimum pension liability		627			538
OREO		319			117
Straight line rent		93			—
Gross deferred tax asset		5,882			5,828

Depreciation		(1,573	)		(1,607	)
Discount accretion on investments		(107	)		(87	)
Net unrealized gains, investment securities available-for-sale		(178	)		(176	)
Unrealized gain, derivative contracts		(22	)		(57	)
Mortgage servicing rights		(111	)		—
Gross deferred tax liability		(1,991	)		(1,927	)

Net deferred tax asset		3,891			3,901

Valuation allowance		(134	)		(165	)

Net deferred tax asset, included in other assets	$	3,757		$	3,736

In assessing the realizability of deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax assets will not be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which temporary differences are deductible and carry forwards are available. Due to the uncertainty of the Company's ability to realize the benefit of certain deferred tax assets within statutory time limits, the net deferred tax assets are partially offset by a valuation allowance at September 30, 2012 and 2011.

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

The net change in the valuation allowance for the year ended September 30, 2012 was a decrease of approximately $31,000. This change was based upon management’s assessment of current and projected future operations. Management determined that a deferred tax valuation allowance was necessary on $134,000 of state net operating loss carry forwards. The Company has considered future market growth, forecasted earnings, future taxable income, feasible and permissible tax planning strategies in determining the realizability of deferred tax assets. If the Company was to determine that it would not be able to realize a portion of its net deferred tax asset in the future for which there is currently no valuation allowance, an adjustment to the net deferred tax asset would be charged to earnings in the period such determination was made. Conversely, if the Company was to make a determination that it is more likely than not that the deferred tax assets for which there is a valuation allowance would be realized, the related valuation allowance would be reduced and a benefit to earnings would be recorded.

At September 30, 2012 the Company had approximately $3.7 million of federal and $7.9 million of state net operating loss carry forwards available to offset future taxable income for tax reporting purposes. The Federal net operating loss carry forward will begin to expire in 2029. The state net operating loss carry forward will begin to expire in 2015, if not utilized. At September 30, 2012, there was no valuation allowance against the Federal net operating loss carry forward and a $134,000 valuation allowance against the state net operating loss carry forward. In determining whether or not a valuation allowance was necessary for its federal and state net operating losses, the Company considered forecasted earnings, future taxable income, and tax planning strategies limited to the twelve months following September 30, 2012.

Prior to 1996, savings banks that met certain definitions, tests and other conditions prescribed by the Internal Revenue Code were allowed to deduct, with limitations, a bad debt deduction computed as a percentage of taxable income before such deduction. Currently, the Company employs the direct charge-off method to account for bad debt. The company was required to switch from the reserve method because it now qualifies as a Large Bank as defined under Code Section 585, and is precluded from further using the reserve method.

The Company is not required to provide a deferred tax liability for its tax loss reserve as of December 31, 1987 (the Base Year). The amount of this reserve on which no deferred taxes have been provided is approximately $1,258,000. This reserve could be recognized as taxable income and create a current and/or deferred tax liability using the income tax rates then in effect if one of the following occur: (1) the Company’s retained earnings represented by this reserve is used for purposes other than to absorb losses from bad debts, including dividends or distributions in liquidation, (2) the Company fails to meet the definitions, tests, or other conditions provided by the Internal Revenue Code for a qualified savings and loan association, or (3) there is a change in the Federal tax law. Deferred tax liabilities have been recorded for tax loss reserves in excess of book reserves recorded after the Base Year.

NOTE M - PENSION PLAN

On January 26, 2006, the Company’s defined-benefit pension plan was frozen and amended to eliminate future benefit accruals after February 15, 2006.

The Company had a noncontributory defined benefit pension plan covering all eligible employees. Plan assets are invested in six diversified investment funds of the Pentegra Retirement Trust (the Trust), a no load series open-ended mutual fund. The Trust has been given discretion by the Plan Sponsor to determine the appropriate strategic asset allocation versus plan liabilities, as governed by the Trust’s Statement of Investment Objectives and Guidelines (the Guidelines).

The long-term investment objective is to be invested 65% in equity securities (equity mutual funds) and 35% in debt securities (bond mutual funds). If the plan is underfunded under the Guidelines, the bond fund portion will be temporarily increased to 50% in order to lessen asset value volatility. When the plan is no longer underfunded, the bond fund portion will be decreased back to 35%. Asset rebalancing is performed at least annually, with interim adjustments made when the investment mix varies more than 5% from the target (i.e., a 10% target range). Risk/volatility is further managed by the distinct investment objectives of each of the Trust funds and the diversification within each fund.

The following table sets forth the plan’s funded status and amounts recognized in the Company’s consolidated balance sheet at September 30, 2012 and September 30, 2011.

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

	At September 30,
	2012			2011
	(Dollars in thousands)

Actuarial present value of benefit obligations	$	4,156		$	3,719

Change in benefit obligations
Projected benefit obligation, beginning	$	3,719		$	3,527
Interest cost		172			177
Actuarial loss		438			156
Annuity payments and lump sum distributions		(173	)		(141	)

Projected benefit obligation, end	$	4,156		$	3,719

Change in plan assets
Fair value of assets, beginning	$	2,196		$	2,321
Actual return on plan assets		296			(73	)
Employer contributions		168			89
Annuity payments and lump sum distributions		(173	)		(141	)

Fair value of assets, end	$	2,487		$	2,196

Funded status included with other liabilities	$	(1,669	)	$	(1,523	)

Net pension cost for the years ended September 30, 2012 and 2011 included the following components:

	September 30,
	2012			2011
	(Dollars in thousands)

Service cost benefits earned during the year	$	—		$	—
Interest cost on projected benefit obligation		172			177
Expected return on plan assets		(161	)		(172	)
Amortization of unrecognized net loss		81			54

Net Pension Cost	$	92		$	59

For 2012, the weighted average discount rate used in determining the actuarial present value of the projected benefit obligation was 4.00%. For 2011, the weighted average discount rate used in determining the actuarial present value of the projected benefit obligation was 4.75%.

The long-term rate-of-return-on-assets assumption was set based on historical returns earned by equities and fixed income securities, adjusted to reflect expectations of future returns as applied to the plan’s target allocation of asset classes. Equities and fixed income securities were assumed to earn rates of return in the ranges of 7-11% and 2-6% for the year ended September 30, 2012, respectively. When these overall return expectations are applied to the plan’s target allocation, the result is an expected rate of return of 6% to 10%. Accordingly, the expected long-term rate of return on assets was 7.50% for 2012 and 2011.

Current Asset Allocation

The Company’s pension plan weighted-average asset allocations at September 30, 2012 and 2011, by asset category are as follows:

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

	September 30,
	2012		2011

Equity securities		58%		53%
Debt securities (Bond Mutual Funds)		42%		46%
Other (Money Market Fund)		0%		1%

Total		100%		100%

The target asset allocation set for the assets of the plan are in equity securities ranging from 40 percent to 70 percent and in debt securities ranging from 30 percent to 60 percent. In general, the plan assets are investment securities that are well-diversified in terms of industry, capitalization and asset class. The plan assets are mostly a mix of U.S. Treasury security indexed funds, mutual funds indexed to the performance of Fortune 500 U.S. companies, debt securities held in bond funds, domestic and foreign common equity funds, and a money market fund. The plan’s exposure to a concentration of credit risk is limited by the diversification of the investments into various investment options with multiple asset managers.

Expected Contributions

For the fiscal year ending September 30, 2013, the Company expects to contribute $182,000 to the Plan.

Estimated Future Benefit Payments

The following benefit payments are expected to be paid as follows (in thousands):


October 1, 2012 through September 30, 2013	$	193
October 1, 2013 through September 30, 2014		196
October 1, 2014 through September 30, 2015		199
October 1, 2015 through September 30, 2016		198
October 1, 2016 through September 30, 2017		198
October 1, 2017 through September 30, 2022		992
	$	1,976

Included in the funded status of the pension plan at September 30, 2012 and 2011, are actuarial losses of $1,570,000 and $1,348,000, respectively. These amounts are included, net of related income tax effects of $627,000 and $538,000, respectively, in the accumulated other comprehensive loss component of stockholders’ equity. During the year ending September 30, 2013, approximately $123,000 of the actuarial losses is expected to be amortized into net periodic pension expense.

The following table presents the plan assets that are measured at fair value on a recurring basis by level within the fair value hierarchy under ASC Topic 820. Financial assets are classified in their entirety based on the lowest level of input that is significant to the fair value measurement. See Note R for further detail regarding fair value hierarchy.

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

			Fair Value Measurements at Reporting Date Using:
			Quoted Prices		Significant
	At		in Active Markets		Other		Significant
	September 30,		for Identical		Observable		Unobservable
	2012		Assets (Level 1)		Inputs (Level 2)		Inputs (Level 3)
	(In thousands)
Investment Type
Mutual Funds- Equity
Large-Cap Value	$	270	$	270	$	—	$	—
Large-Cap Core		278		278		—		—
Mid-Cap Core		129		129		—		—
Small-Cap Core		130		130		—		—
Non-U.S. Core		628		628		—		—
Mutual Funds- Fixed Income
Intermediate-Term Core		1,051		1,051		—		—
Cash Equivalents
Money Market		1		1		—		—
Total Investment	$	2,487	$	2,487	$	—	$	—

			Fair Value Measurements at Reporting Date Using:
			Quoted Prices		Significant
	At		in Active Markets		Other		Significant
	September 30,		for Identical		Observable		Unobservable
	2011		Assets (Level 1)		Inputs (Level 2)		Inputs (Level 3)
	(In thousands)
Investment Type
Mutual Funds- Equity
Large-Cap Value	$	210	$	210	$	—	$	—
Large-Cap Core		213		213		—		—
Mid-Cap Core		102		102		—		—
Small-Cap Core		98		98		—		—
Non-U.S. Core		543		543		—		—
Mutual Funds- Fixed Income
Intermediate-Term Core		1,000		1,000		—		—
Cash Equivalents
Money Market		30		30		—		—
Total Investment	$	2,196	$	2,196	$	—	$	—

Equity and debt securities are reported at fair value in the table above utilizing exchange quoted prices in active markets for identical instruments (Level 1 inputs).

NOTE N - NONQUALIFIED COMPENSATION PLAN

The Company maintains a Supplemental Executive Retirement Plan (SERP) for the benefit of its senior officers. In addition, the Company also adopted voluntary Deferred Income and Emeritus Plans on behalf of its directors and those directors elected by the Board as “Director Emeritus.” The SERP provides the Company with the opportunity to supplement the retirement income of selected officers to achieve equitable wage replacement at retirement while the Deferred Income Plan provides participating directors with an opportunity to defer all or a portion of their fees into a tax deferred accumulation account for future retirement. The Director Emeritus Plan enables the Company to reward its directors for longevity of service in consideration of their availability and consultation at a sum equal to a fifteen year certain annuity based on fifty-percent of last years’ Board fee. The SERP is based upon achieving retirement benefits equal to two percent multiplied by the number of service years multiplied by the final salary.

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

In 2001, the Company adopted a New Director Emeritus Plan (the New Plan), which supplemented the prior Director Emeritus Plans. Under the New Plan, the directors will be entitled to a benefit upon attainment of his/her benefit age. The directors will receive an annual amount in monthly installments based on his/her total Board and Committee fees in the twelve months prior to attainment of his/her benefit age. The amount will be ten percent (10%) plus two and one-half percent (2 1/2%) for each year of service as a Director, with a minimum of fifty percent (50%), provided the Director has served for at least five (5) years, and a maximum of sixty percent (60%). The maximum benefit increases for any Director serving as Chairman of the Board to seventy-five percent (75%).

The Company funds the plans through a modified endowment contract. Income recorded for the plans represents life insurance income as recorded based on the projected increases in cash surrender values of life insurance policies. As of September 30, 2012 and 2011, the Life Insurance Contracts had cash surrender values of approximately $10,010,000 and $9,660,000, respectively.

The Company is recording benefit costs so that the cost of each participant’s retirement benefits is being expensed and accrued over the participant’s active employment so as to result in a liability at retirement date equal to the present value of the benefits expected to be provided. As of September 30, 2012 and 2011, the Company has not accrued any benefits under these Plans.

NOTE O - 401(K) EMPLOYEE CONTRIBUTION PLAN

The Company has a defined contribution 401(k) plan covering all employees, as defined under the plan document. Employees may contribute to the plan, as defined under the plan document, and the Company can make discretionary contributions. The Company did not make a contribution to the plan for the year ended September 30, 2012 and 2011.

NOTE P - COMMITMENTS

Lease Commitments

Approximate future minimum payments under non-cancelable operating leases are due as follows for the years ending September 30 (in thousands):

September 30,
2013	$	559
2014		568
2015		568
2016		582
2017		627
Thereafter		5,713
	$	8,617

Total rental expense was approximately $789,000 and $706,000 for the years ended September 30, 2012 and 2011, respectively.

Contingencies

The Company and its subsidiaries, from time to time, are 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.

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

NOTE Q - 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 September 30, 2012, the Company did not hold any interest rate floors or collars.

The Company 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.

The Company’s exposure to credit loss in the event of nonperformance by the other party to the financial instrument for commitments to extend credit is represented by the contractual notional amount of those instruments. The Company uses the same credit policies in making commitments and conditional obligations as it does for on-balance-sheet instruments.

At September 30, 2012 and 2011, the Company had outstanding commitments (substantially all of which expire within one year) to originate residential mortgage loans, construction loans, commercial real estate and consumer loans. These commitments were comprised of fixed and variable rate loans.

	September 30,
	2012		2011
	(Dollars in thousands)
Financial instruments whose contract amounts
represent credit risk (in thousands)
Letters of credit	$	1,450	$	1,508
Unused lines of credit		41,162		37,502
Fixed rate loan commitments		1,988		2,368
Variable rate loan commitments		14,112		5,569
	$	58,712	$	46,947

NOTE R - 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.

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

In accordance with ASC 820, Fair Value Measurements and Disclosures, 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.

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.

Derivative financial instruments

The Company uses interest rate floors to manage its interest rate risk. The valuation of these instruments is based on a third party value of interest rate derivative contracts which are based on the fair market value using market prices provided from brokers trading in such instruments, less their carrying value. The carrying value is the price paid for the derivative contracts less prior amortization of the price paid.

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 at September 30, 2012 and 2011:

	Fair Value at September 30, 2012
	Total		Level 1		Level 2		Level 3
	(Dollars in thousands)
Securities available for sale:
Obligations of U.S. government agencies:
Mortgage backed securities - residential	$	1,861	$	—	$	1,861	$	—
Obligations of U.S. government-sponsored enterprises:
Mortgage-backed securities-residential		8,575		—		8,575		—
Mortgage backed securities-commercial		4,228		—		4,228		—
Debt securities		1,067		—		1,067		—
Private label mortgage-backed securities-residential		1,055		—		1,055		—
Total securities available for sale	$	16,786	$	—	$	16,786	$	—

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

	Fair Value at September 30, 2011
	Total		Level 1		Level 2		Level 3
	(Dollars in thousands)
Securities available for sale:
Obligations of U.S. government agencies:
Mortgage backed securities - residential	$	3,394	$	—	$	3,394	$	—
Obligations of U.S. government-sponsored enterprises:
Mortgage-backed securities-residential		14,088		—		14,088		—
Mortgage backed securities-commercial		4,402		—		4,402		—
Debt securities		2,029		—		2,029		—
Private label mortgage-backed securities-residential		1,399		—		1,399		—
Total securities available for sale	$	25,312	$	—	$	25,312	$	—

The following is a description of valuation methodologies used for assets measured at fair value on a non-recurring basis.

Mortgage Servicing Rights

Mortgage Servicing Rights (MSR’s) are carried at the lower of amortized cost or estimated fair value. The estimated fair value of MSRs 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. No valuation write-downs were made to MSR’s during the years ended September 30, 2012 and 2011.

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.

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.

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

Other Real Estate Owned

Other real estate owned is carried at lower of cost or estimated fair value less disposal costs. The estimated fair value of the real estate 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. Valuation write-downs totaling $148,000 were made to two properties held as other real estate owned during the year ended September 30, 2012. Both properties were written down based on sales contracts less adjustments for expected costs to sell (averaging 7.2% of the contract sales price with a range of 6.5% to 8.0%).

The following tables provide the level of valuation assumptions used to determine the carrying value of our assets measured at fair value on a non-recurring basis at September 30, 2012 and 2011:

	Fair Value at September 30, 2012
	Total		Level 1		Level 2		Level 3
	(Dollars in thousands)

Impaired loans	$	5,984	$	—	$	—	$	5,984
Other real estate owned		464		—		—		464
	$	6,448	$	—	$	—	$	6,448

	Fair Value at September 30, 2011
	Total		Level 1		Level 2		Level 3
	(Dollars in thousands)

Impaired loans	$	16,745	$	—	$	—	$	16,745
Other real estate owned	$	2,625	$	—	$	—	$	2,625
		19,370		—		—		19,370

Impaired loans reported for the period ended September 30, 2012 consisted of 14 loans with aggregate loan balances of $12.7 million reduced by $3.2 million in cumulative charge-offs ($649,000 in the current year) and $797,000 in specific loss reserves. These loans are all collateralized by real estate.

The following methods and assumptions were used to estimate the fair value of each class of financial instruments 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, is estimated based on discounted cash flow analysis using interest rates currently offered for loans with similar terms to borrowers of similar credit quality.

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.

Deposits: The fair value of savings 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 the rate currently offered by the Bank 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.

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

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.

Interest rate derivatives: The third party value of interest rate derivative contracts are based on the fair market value using market prices provided from brokers trading in such instruments, less their carrying value. The carrying value is the price paid for the derivative contracts less prior amortization of the price paid.

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.

The following presents the carrying amount, fair value, and placement in the fair value hierarchy of the Company’s financial instruments carried at cost or amortized cost as of September 30, 2012 and September 30, 2011. This table excludes financial instruments for which the carrying amount approximates level 1 fair value. For short-term financial assets such as cash and cash equivalents, the carrying amount is a reasonable estimate of fair value due to the relatively short time between the origination of the instrument and its expected realization. For financial liabilities such as interest-bearing demand, NOW, and money market savings deposits, the carrying amount is a reasonable estimate of fair value due to these products having no stated maturity.

	Carrying		Fair		Fair Value Measurement Placement
	Value		Value		(Level 1)		(Level 2)		(Level 3)
	(Dollars in thousands)
September 30, 2012
Financial instruments - assets
Investment securities held-to-maturity	$	41,068	$	42,130	$	2,891	$	39,239	$	—
Loans		385,270		396,111		—		—		396,111

Financial instruments - liabilities
Certificate of deposit		158,461		160,753		—		160,753		—
Borrowings		41,503		43,898		—		43,898		—

September 30, 2011
Financial instruments - assets
Investment securities held-to-maturity	$	45,000	$	45,713	$	2,914	$	42,799	$	—
Loans		381,254		390,025		—		—		390,025

Financial instruments - liabilities
Certificate of deposit		175,560		178,818		—		178,818		—
Borrowings		49,916		53,175		—		53,175		—

NOTE S - REGULATORY CAPITAL

The Company and Bank are required to maintain minimum amounts of capital to total “risk-weighted” assets, as defined by the banking regulators. Failure to meet minimum capital requirements can initiate certain mandatory and possibly discretionary actions by regulators that, if undertaken, could have a direct material effect on the Company’s financial statements. Under capital adequacy guidelines and the regulatory framework for prompt corrective action, the Company and Bank must meet specific capital guidelines that involve quantitative measures of the Company’s and Bank’s assets, liabilities, and certain off balance sheet items as calculated under regulatory accounting practices. The capital amounts and classification are also subject to qualitative judgments by the regulators about components, risk weightings and other factors.

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MAGYAR BANCORP, INC. AND SUBSIDIARY

Notes to Consolidated Financial Statements – Continued

September 30, 2012 and 2011

Quantitative measures established by regulation to ensure capital adequacy require the Company and Bank to maintain minimum ratios of Leverage Capital, Tier I and Total Risk-based Capital. The following table sets forth the Company’s and the Bank’s actual and required capital levels under those measures:

To be well-capitalized

For capital

under prompt corrective

Actual

adequacy purposes

action provisions

Amount

Ratio

Amount

Ratio

Amount

Ratio

(Dollars in thousands)

As of September 30, 2012

Total Capital (to risk-weighted assets)

Magyar Bancorp, Inc.

49,439

13.93%

28,402

>8.00%

N/A

Magyar Bank

46,897

13.21%

28,400

>8.00%

35,500

>10.00%

Tier 1 Capital (to risk-weighted assets)

Magyar Bancorp, Inc.

45,581

12.84%

14,201

>4.00%

N/A

Magyar Bank

43,039

12.12%

14,200

>4.00%

21,300

>6.00%

Tier 1 Capital (to average assets)

Magyar Bancorp, Inc.

45,581

8.90%

20,492

>4.00%

N/A

Magyar Bank

43,039

8.40%

20,491

>4.00%

25,614

>5.00%

To be well-capitalized

For capital

under prompt corrective

Actual

adequacy purposes

action provisions

Amount

Ratio

Amount

Ratio

Amount

Ratio

(Dollars in thousands)

As of September 30, 2011

Total Capital (to risk-weighted assets)

Magyar Bancorp, Inc.

48,705

13.99%

27,847

>8.00%

N/A

Magyar Bank

45,980

13.21%

27,846

>8.00%

34,807

>10.00%

Tier 1 Capital (to risk-weighted assets)

Magyar Bancorp, Inc.

44,893

12.90%

13,924

>4.00%

N/A

Magyar Bank

42,168

12.11%

13,923

>4.00%

20,884

>6.00%

Tier 1 Capital (to average assets)

Magyar Bancorp, Inc.

44,893

8.60%

20,889

>4.00%

N/A

Magyar Bank

42,168

8.07%

20,893

>4.00%

26,116

>5.00%

On April 22, 2010, Magyar Bank entered into Consent Order agreements with the Federal Deposit Insurance Corporation and the New Jersey Department of Banking and Insurance which required the Bank to develop 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%.

A capital plan was submitted on a timely basis to the Federal Deposit Insurance Corporation and New Jersey Department of Banking of Insurance detailing the manner and timing in which the Bank will achieve the capital ratios. On March 2, 2012 the Bank was informed in writing by the Federal Deposit Insurance Corporation and the New Jersey Department of Banking and Insurance, that the Consent Order had been terminated. The Bank is required to maintain 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%. As of September 30, 2012, Magyar Bank’s Tier 1 capital as a percentage of the Bank's total assets was 8.40% and the total qualifying capital as a percentage of risk-weighted assets was 13.21%.

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ITEM 9.

Changes In and Disagreements with Accountants on Accounting and Financial Disclosure

None.

ITEM 9A.

Controls and Procedures

Disclosure Controls and Procedures

Under the supervision and with the participation of our management, including our Principal Executive Officer and Principal 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 Principal Executive Officer and Principal Financial Officer concluded that, as of the end of the period covered by this report, our disclosure controls and procedures were effective.

Changes in Internal Control over Financial Reporting

There has been no change in Magyar Bancorp, Inc.'s internal control over financial reporting during Magyar Bancorp, Inc.'s fourth quarter of fiscal year 2012 that has materially affected, or is reasonably likely to materially affect, Magyar Bancorp, Inc.'s internal control over financial reporting.

Report by Management on Internal Control over Financial Reporting

The management of Magyar Bancorp, Inc. is responsible for establishing and maintaining adequate internal control over financial reporting. Magyar Bancorp Inc.'s internal control system was designed to provide reasonable assurance to the Magyar Bancorp, Inc.'s management and board of directors regarding the preparation and fair presentation of published financial statements.

All internal control systems, no matter how well designed, have inherent limitations. Therefore, even those systems determined to be effective can provide only reasonable assurance with respect to financial statement preparation and presentation.

Magyar Bancorp, Inc.'s management assessed the effectiveness of the Company's internal control over financial reporting as of September 30, 2012. In making this assessment, it used the criteria set forth by the Committee of Sponsoring Organizations of the Treadway Commission (COSO) in Internal Control-Integrated Framework. Based on our assessment, we believe that, as of September 30, 2012, the Company's internal control over financial reporting was effective based on those criteria.

The Annual Report on Form 10-K does not include an attestation report of the Company's registered public accounting firm regarding internal control over financial reporting. Management's report was not subject to attestation by the Company's registered public accounting firm pursuant to exemption rules of the Securities and Exchange Commission that permit the Company to provide only management's report in this annual report.

ITEM 9B.

Other Information

None.

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PART III

ITEM 10.

Directors, Executive Officers, and Corporate Governance

Magyar Bancorp, Inc. has adopted a Code of Ethics that applies to Magyar Bancorp, Inc.’s principal executive officer, principal financial officer, principal accounting officer or controller or persons performing similar functions. The Code of Ethics is available at the Company’s website located at www.magbank.com. A copy of the Code will be furnished without charge upon written request to the Secretary, Magyar Bancorp, Inc., 400 Somerset Street, New Brunswick, New Jersey.

Information concerning directors and executive officers of Magyar Bancorp, Inc. is incorporated herein by reference from our definitive Proxy Statement related to our 2012 Annual Meeting of Stockholders (the “Proxy Statement”), specifically the section captioned “Proposal I—Election of Directors.”

ITEM 11.

Executive Compensation

Information concerning executive compensation is incorporated herein by reference from our Proxy Statement, specifically the section captioned “Proposal I - Election of Directors.”

ITEM 12.

Security Ownership of Certain Beneficial Owners and Management and Related Stockholder Matters

Information concerning security ownership of certain owners and management is incorporated herein by reference from our Proxy Statement, specifically the sections captioned “Voting Securities and Principal Holders Thereof” and “Proposal I - Election of Directors.”

ITEM 13.

Certain Relationships and Related Transactions, and Director Independence

Information concerning relationships and transactions is incorporated herein by reference from our Proxy Statement, specifically the section captioned “Transactions with Certain Related Persons.”

ITEM 14.

Principal Accountant Fees and Services

Information concerning principal accountant fees and services is incorporated herein by reference from our Proxy Statement, specifically the section captioned “Proposal II-Ratification of Appointment of Independent Registered Public Accounting Firm.”

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ITEM 15.

Exhibits and Financial Statement Schedules

3.1

Certificate of Incorporation of Magyar Bancorp, Inc.*

3.2

Bylaws of Magyar Bancorp, Inc.*

Form of Common Stock Certificate of Magyar Bancorp, Inc.*

10.1

Form of Employee Stock Ownership Plan*

10.2

Restated Executive Supplemental Retirement Income Agreement for Elizabeth E. Hance**

10.3

Restated Director Supplemental Retirement Income and Deferred Compensation Agreement for Elizabeth E. Hance**

10.4

Restated Director Supplemental Retirement Income and Deferred Compensation Agreement for Joseph J. Lukacs, Jr.**

10.5

Restated Director Supplemental Retirement Income and Deferred Compensation Agreement for Salvatore J. Romano**

10.6

Restated Director Supplemental Retirement Income and Deferred Compensation Agreement for Joseph A. Yelencsics**

10.7

Restated Director Supplemental Retirement Income and Deferred Compensation Agreement for Edward C. Stokes, III**

10.8

Restated Director Supplemental Retirement Income and Deferred Compensation Agreement for Martin A. Lukacs**

10.9

Restated Director Supplemental Retirement Income and Deferred Compensation Agreement for Thomas Lankey**

10.10

Restated Director Supplemental Retirement Income and Deferred Compensation Agreement for Andrew G. Hodulik**

10.11

Form of Employment Agreement for Elizabeth E. Hance*

10.12

Form of Change in Control Agreement for Executive Officers*

10.13

Executive Supplemental Retirement Income Agreement for Jon Ansari**

10.14

Executive Supplemental Retirement Income Agreement for John Fitzgerald**

10.15

Separation Agreement, between Magyar Bancorp and Elizabeth E. Hance***

Code of Ethics****

Subsidiaries of Registrant*

Consent of Experts and Counsel

23.1

Consent of Experts and Counsel

31.1

Certification of Chief Executive Officer pursuant to Rule 13a-14(a) of the Securities Exchange Act of 1934, as amended, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002

31.2

Certification of Chief Financial Officer pursuant to Rule 13a-14(a) of the Securities Exchange Act of 1934, as amended, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002

Certification of Chief Executive Officer and Chief Financial Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

101

The following materials from the Company’s Annual Report on Form 10-K for the year ended September 30, 2012, formatted in XBRL (Extensible Business Reporting Language): (i) the Consolidated Balance Sheets, (ii) the Consolidated Statements of Operations, (iii) the Consolidated Statement of Comprehensive Income, (iv) the Consolidated Statements of Changes in Stockholders’ Equity, (v) the Consolidated Statements of Cash Flows and (vi) the Notes to Consolidated Financial Statements, tagged as blocks of text. *****

_____________________________

Incorporated by reference to the Registration Statement on Form SB-2 of Magyar Bancorp, Inc. (file no. 333-128392), originally filed with the Securities and Exchange Commission on September 16, 2005, as amended.

Incorporated by reference to the Annual Report on Form 10-KSB of Magyar Bancorp, Inc. (file no. 000-51726), originally filed with the Securities and Exchange Commission on December 29, 2006.

***

Incorporated by reference to the Quarterly Report on Form 10-Q of Magyar Bancorp, Inc. (file no. 000-51726), originally filed with the Securities and Exchange Commission on February 16, 2010.

****

Available on our website www.magbank.com

*****

Furnished, not filed

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SIGNATURES

Pursuant to the requirements of Section 13 or 15 (d) of the Securities Exchange Act of 1934, the Company has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.

		MAGYAR BANCORP, INC.




December 20, 2012	By:	/s/ John S. Fitzgerald
Date		John S. Fitzgerald
		President and Chief Executive Officer
		(Duly Authorized Representative)

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Pursuant to the requirements of the Securities Exchange of 1934, this report has been signed by the following persons on behalf of the Registrant and in the capacities and on the dates indicated.

Signatures	Title	Date


/s/ John S. Fitzgerald	President and Chief Executive Officer	December 20, 2012
John S. Fitzgerald	(Principal Executive Officer)

/s/ Jon R. Ansari	Executive Vice President and Chief Financial Officer	December 20, 2012
Jon R. Ansari	(Principal Financial and Accounting Officer)

/s/ Joseph J. Lukacs, Jr.	Chairman of the Board	December 20, 2012
Joseph J. Lukacs, Jr., D.M.D.

/s/ Andrew Hodulik	Director	December 20, 2012
Andrew Hodulik

/s/ Thomas Lankey	Director	December 20, 2012
Thomas Lankey

/s/ Martin A. Lukacs	Director	December 20, 2012
Martin A. Lukacs, D.M.D.

/s/ Salvatore J. Romano	Director	December 20, 2012
Salvatore J. Romano, Ph.D.

/s/ Joseph A. Yelencsics	Director	December 20, 2012
Joseph A. Yelencsics

/s/ Edward C. Stokes	Director	December 20, 2012
Edward C. Stokes