Notice of HUD-Held Multifamily and Healthcare Loan Sale, 77050-77052 [E8-30177]
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77050
Federal Register / Vol. 73, No. 244 / Thursday, December 18, 2008 / Notices
information material that explains the
pilot program requirements.
DATES: The pilot program will
commence August 1, 2009.
FOR FURTHER INFORMATION CONTACT: Ms.
Erin M. Martin via e-mail at
ERIN.Martin@dhs.gov.
SUPPLEMENTARY INFORMATION:
mstockstill on PROD1PC66 with NOTICES
Background
On February 13, 2008, the Department
of Homeland Security (DHS) published
a Notice of Proposed Rulemaking in the
Federal Register (73 FR 8230) proposing
changes to requirements affecting
temporary and seasonal agricultural
workers within the H–2A nonimmigrant
classification and their U.S. employers.1
Among other things, DHS proposed to
establish a visa exit program on a pilot
basis that would require temporary
agricultural workers within the H–2A
nonimmigrant classification to register
with CBP at the time of departure from
the United States. DHS is publishing the
final rule implementing the H–2A
program in today’s edition of the
Federal Register, concurrent with this
notice.
Specifically, the final rule implements
the pilot program by adding 8 CFR
215.9, which provides that an alien
admitted on an H–2A visa at a port of
entry participating in the Temporary
Worker Visa Exit Program must also
depart at the end of his or her
authorized period of stay through a port
of entry participating in the program
and present designated biographic and/
or biometric information upon
departure. Section 215.9 further states
that CBP will publish a notice in the
Federal Register designating which H–
2A workers must participate in the
Temporary Worker Visa Exit Program,
which ports of entry are participating in
the program, which biographical and/or
biometric information would be
required, and the format for submission
of that information by the departing
designated temporary workers.
The final rule indicates that the
Temporary Worker Visa Exit Program
will begin as a pilot. Accordingly, CBP
is implementing the Temporary Worker
Visa Exit Program, on a pilot basis. This
notice contains all the required
elements referenced in 8 CFR 215.9.
Any alien subject to the program that is
admitted into the United States at a
designated port on or after August 1,
2009, is subject to the pilot program.
1 The H–2A nonimmigrant classification applies
to aliens seeking to perform agricultural labor or
services of a temporary or seasonal nature in the
United States. Immigration and Nationality Act (Act
or INA) sec. 101(a)(15)(H)(ii)(a), 8 U.S.C.
1101(a)(15)(H)(ii)(a); see 8 CFR 214.1(a)(2)
(designation for H–2A classification).
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General Requirements of the
Temporary Worker Visa Exit Program
Pilot
Any alien subject to the Temporary
Worker Visa Exit Program must depart
from a designated port of entry and
must submit certain biographic and
biometric information at one of the
kiosks established for this purpose.
Officer assistance will be available in
the event that an alien is unable to
utilize the designated kiosk to record his
or her departure.
Jayson P. Ahern,
Acting Commissioner, U.S. Customs and
Border Protection.
[FR Doc. E8–29787 Filed 12–17–08; 8:45 am]
BILLING CODE 9111–14–P
Aliens Subject to the Pilot Program
Any alien admitted into the United
States under an H–2A nonimmigrant
visa at one of the designated ports.
[Docket No. FR–5274–N–01]
Designated Ports
San Luis, Arizona; Douglas, Arizona.
Entry Procedures
Any nonimmigrant alien admitted
under an H–2A nonimmigrant visa at
one of the designated ports of entry will
be issued a CBP Form I–94, Arrival and
Departure Record, and be presented
with information material that explains
the pilot program requirements. The
information material will instruct the
alien to appear in person at one of the
designated ports of entry and register
his or her final departure from the
United States at that port on or before
the date his or her work authorization
expires.
Exit Procedures
An alien admitted under an H–2A
nonimmigrant visa must depart at a
designated port on or before the date his
or her work authorization expires. At
the time of departure, the alien must
present the following biographic and
biometric information at a kiosk
installed for this purpose:
• 1—Biographic information—name,
date of birth, country of citizenship,
passport number, and the name of the
Consulate where the alien’s visa was
issued. The biographic information will
be provided by scanning the alien’s
travel document (visa). If the scan of the
visa fails, the alien will scan his or her
passport. If the scan of the passport fails
the alien will manually enter the
required biographic information.
• 2—Biometric information—a 4finger scan from one hand.
• 3—The departure portion of the
CBP Form I–94—this must be deposited
into the kiosk and the departing alien
will receive a receipt verifying a
successfully completed checkout
registration.
Kiosks
Instructions for departure registration
will be available in both English and
Spanish for use by departing aliens at
the kiosks.
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Fmt 4703
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
Sfmt 4703
Notice of HUD-Held Multifamily and
Healthcare Loan Sale
AGENCY: Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, HUD.
ACTION: Notice of sale of mortgage loan.
SUMMARY: This notice announces HUD’s
intention to sell an unsubsidized
multifamily mortgage loan, without
Federal Housing Administration (FHA)
insurance, in a competitive, sealed bid
sale (Pool 101 of MHLS 2009–1). This
notice also describes generally the
bidding process for the sale and certain
persons who are ineligible to bid.
DATES: For Pool 101 of MHLS 2009–1,
the Bidder’s Information Package (BIP)
was made available to qualified bidders
on November 20, 2008. Bids for the loan
must be submitted on the bid date,
which is currently scheduled for
December 19, 2008. HUD anticipates
that an award will be made on or before
December 22, 2008. The sale closing is
expected to take place on December 30,
2008.
ADDRESSES: To become a qualified
bidder and receive the BIP, prospective
bidders must complete, execute, and
submit a Confidentiality Agreement and
a Qualification Statement acceptable to
HUD. Both documents will be available
on the HUD Web site at https://
www.hud.gov/fhaloansales.cfm. The
executed documents must be mailed
and faxed to DebtX at: The Debt
Exchange, 133 Federal Street, 10th
Floor, Boston, MA 02111, Attention:
MHLS 2009–1 Sale Coordinator, Fax 1–
617–531–3499.
FOR FURTHER INFORMATION CONTACT: John
Lucey, Deputy Director, Asset Sales
Office, Room 3136, Department of
Housing and Urban Development, 451
Seventh Street, SW., Washington, DC
20410–8000; telephone 202–708–2625,
extension 3927. Individuals with
hearing or speech impairments may call
202–708–4594 (TTY). These are not tollfree numbers.
E:\FR\FM\18DEN1.SGM
18DEN1
Federal Register / Vol. 73, No. 244 / Thursday, December 18, 2008 / Notices
HUD
announces its intention to sell in Pool
101 of MHLS 2009–1 an unsubsidized
mortgage loan (Mortgage Loan) secured
by a multifamily property located in
Columbus, Ohio. The Mortgage Loan is
non-performing. The Mortgage Loan
will be sold without FHA insurance and
with servicing released. HUD will offer
qualified bidders an opportunity to bid
competitively on the Mortgage Loan.
The mortgagor, if it is a qualified
bidder, may submit a bid on the
Mortgage Loan. If interested, the
Mortgagor should review the
Qualification Statement to determine
whether it may be eligible to qualify to
submit a bid for Pool 101 of MHLS
2009–1.
SUPPLEMENTARY INFORMATION:
mstockstill on PROD1PC66 with NOTICES
The Bidding Process
The BIP will describe in detail the
procedure for bidding in Pool 101 of
MHLS 2009–1. The BIP or its
supplement(s) will also include a
standardized nonnegotiable loan sale
agreement (Loan Sale Agreement). As
part of its bid, each bidder must submit
a deposit equal to the greater of
$100,000 or 10 percent of the bid price.
In the event the bidder’s bid is less than
$100,000.00, the minimum deposit shall
be not less than fifty percent of the
bidder’s bid. HUD will evaluate the bids
submitted and determine the successful
bid in its sole and absolute discretion.
If a bidder is successful, the bidder’s
deposit will be non-refundable and will
be applied toward the purchase price.
Deposits will be returned to
unsuccessful bidders. The Closing for
Pool 101 of MHLS 2009–1 is scheduled
for December 30, 2008.
These are the essential terms of sale.
The Loan Sale Agreement, which will
be included in the BIP or its
supplement(s), will contain additional
terms and details. To ensure a
competitive bidding process, the terms
of the bidding process and the Loan Sale
Agreement are not subject to
negotiation.
Due Diligence Review
The BIP will describe the due
diligence process for reviewing loan
files in Pool 101 of MHLS 2009–1.
Qualified bidders will be able to access
loan information remotely via a highspeed Internet connection. Further
information on performing due
diligence review of the Mortgage Loans
will be provided in the BIP.
Mortgage Loan Sale Policy
HUD reserves the right to reject any
and all bids, in whole or in part,
without prejudice to HUD’s right to
include this Mortgage Loan in a later
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19:13 Dec 17, 2008
Jkt 217001
sale. The Mortgage Loan will not be
withdrawn after the Award Date except
as is specifically provided in the Loan
Sale Agreement.
This is a sale of an unsubsidized
mortgage loan, pursuant to Section
204(a) of the Departments of the
Department of Veterans Affairs and
Housing and Urban Development, and
Independent Agencies Appropriations
Act of 1997, 12 U.S.C. 1715z–11a(a).
Mortgage Loan Sale Procedure
HUD selected a competitive sale as
the method to sell the Mortgage Loan.
This method of sale optimizes HUD’s
return on the sale of this Mortgage Loan,
affords the greatest opportunity for all
qualified bidders to bid on the Mortgage
Loan, and provides the quickest and
most efficient vehicle for HUD to
dispose of the Mortgage Loan.
Bidder Eligibility
In order to bid in the sale, a
prospective bidder must complete,
execute and submit both a
Confidentiality Agreement and a
Qualification Statement acceptable to
HUD. The following individuals and
entities are ineligible to bid on the
Mortgage Loan included in Pool 101 of
MHLS 2009–1:
(1) Any employee of HUD, a member
of such employee’s household, or an
entity owned or controlled by any such
employee or member of such an
employee’s household;
(2) Any individual or entity that is
debarred, suspended, or excluded from
doing business with HUD pursuant to
Title 24 of the Code of Federal
Regulations, Part 24, and Title 25 of the
Code of Federal Regulations, Part 2424;
(3) Any contractor, subcontractor and/
or consultant or advisor (including any
agent, employee, partner, director,
principal or affiliate of any of the
foregoing) who performed services for or
on behalf of HUD in connection with
Pool 101 of MHLS 2009–1;
(4) Any individual who was a
principal, partner, director, agent or
employee of any entity or individual
described in subparagraph 3 above, at
any time during which the entity or
individual performed services for or on
behalf of HUD in connection with Pool
101 of MHLS 2009–1;
(5) Any individual or entity that uses
the services, directly or indirectly, of
any person or entity ineligible under
subparagraphs 1 through 4 above to
assist in preparing any of its bids on the
Mortgage Loan;
(6) Any individual or entity which
employs or uses the services of an
employee of HUD (other than in such
PO 00000
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Fmt 4703
Sfmt 4703
77051
employee’s official capacity) who is
involved in Pool 101 of MHLS 2009–1;
(7) Any mortgagor (or affiliate of a
mortgagor) that failed to submit to HUD
on or before February 21, 2008, audited
financial statements for fiscal years 1999
through 2007 for a project securing a
Mortgage Loan;
(8) Any individual or entity and any
Related Party (as such term is defined in
the Qualification Statement) of such
individual or entity that is a mortgagor
in any of HUD’s multifamily housing
programs and that is in default under
such mortgage loan or is in violation of
any regulatory or business agreements
with HUD, unless such default or
violation is cured on or before December
9, 2008;
(9) Any entity or individual that
serviced or held the Mortgage Loan at
any time during the 2-year period prior
to December 1, 2008, is ineligible to bid
on the Mortgage Loan or on the pool
containing such Mortgage Loan; and
(10) Any affiliate or principal of any
entity or individual described in the
preceding sentence (subparagraph 9);
any employee or subcontractor of such
entity or individual during that 2-year
period; or any entity or individual that
employs or uses the services of any
other entity or individual described in
this subparagraph in preparing its bid
on such Mortgage Loan.
Prospective bidders should carefully
review the Qualification Statement to
determine whether they are eligible to
submit bids on the Mortgage Loan in
Pool 101 of MHLS 2009–1.
Eligible Bidders With Respect to Pool
101 of MHLS 2009–1
Notwithstanding the foregoing, in
order to bid on Pool 101 of MHLS 2009–
1, bidders must be a Non-Profit entity,
Housing Finance Authority, or a unit of
local government.
Freedom of Information Act Requests
HUD reserves the right, in its sole and
absolute discretion, to disclose
information regarding Pool 101 of
MHLS 2009–1, including, but not
limited to, the identity of any successful
bidder and its bid price or bid
percentage for the loan, upon the
closing of the sale. Even if HUD elects
not to publicly disclose any information
relating to Pool 101 of MHLS 2009–1,
HUD will have the right to disclose any
information that HUD is obligated to
disclose pursuant to the Freedom of
Information Act and all regulations
promulgated thereunder.
Scope of Notice
This notice applies to Pool 101 of
MHLS 2009–1 and does not establish
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77052
Federal Register / Vol. 73, No. 244 / Thursday, December 18, 2008 / Notices
HUD’s policy for the sale of other
mortgage loans.
Dated: December 12, 2008.
Brian D. Montgomery,
Assistant Secretary for Housing—Federal
Housing Commissioner.
[FR Doc. E8–30177 Filed 12–16–08; 4:15 pm]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R4–ES–2008–NO247; 40120–1113–
0000–C2]
Notice of Availability of the Florida
Panther Recovery Plan
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Notice of document availability.
mstockstill on PROD1PC66 with NOTICES
SUMMARY: We, the Fish and Wildlife
Service, announce the availability of the
third revision of the Florida Panther
Recovery Plan. The plan includes
specific recovery objectives and criteria
to be met in order to reclassify the
Florida panther (Puma concolor coryi)
to threatened status and eventually
delist this species under the Endangered
Species Act of 1973, as amended (Act).
ADDRESSES: You can obtain copies of the
Florida Panther Recovery Plan by
contacting the Fish and Wildlife
Service, South Florida Ecological
Services Office, 1339 20th Street, Vero
Beach, FL 32960 (telephone, 772–562–
3909) or by visiting our Web sites at
https://endangered.fws.gov or https://
verobeach.fws.gov.
FOR FURTHER INFORMATION CONTACT:
Chris Belden, South Florida Ecological
Services Office, 772–562–3909, ext. 237.
SUPPLEMENTARY INFORMATION:
Background
Restoring listed animals and plants to
the point where they are again secure,
self-sustaining components of their
ecosystems is a primary goal of our
threatened and endangered species
program. To help guide the recovery
effort, we are preparing recovery plans
for most listed species. Recovery plans
describe actions that may be necessary
for conservation of species, establish
criteria for reclassification from
endangered to threatened status or
delisting, and estimate time and cost for
implementing recovery measures.
The Act (16 U.S.C. 1533 et seq.)
requires the development of recovery
plans for listed species, unless such a
plan would not promote the
conservation of a particular species.
Section 4(f) of the Act requires us to
VerDate Aug<31>2005
17:51 Dec 17, 2008
Jkt 217001
provide a public notice and an
opportunity for public review and
comment during recovery plan
development. We made the draft third
revision of the Florida Panther Recovery
Plan available for public comment from
January 31, 2006, through April 3, 2006
(71 FR 5066). We considered
information we received during the
public comment period and information
from peer reviewers in our preparation
of this final revised recovery plan. We
will forward substantive comments to
other Federal agencies so each agency
can consider these comments in
implementing approved recovery plans.
The Florida panther is the last
subspecies of Puma still surviving in the
eastern United States. Historically
occurring throughout the southeastern
United States, the panther today is
restricted to less than 5 percent of its
historic range in 1 breeding population
of approximately 100 animals, located
in south Florida. Wide ranging, and
secretive, panthers occur at low
densities. They require large contiguous
areas to meet their social, reproductive,
and energetic needs. Panther habitat
selection is related to prey availability
(i.e., habitats that make prey vulnerable
to stalking and capturing are selected).
Habitat loss, degradation, and
fragmentation are among the greatest
threats to panther survival. Vehicle
strikes and problems associated with
being a single, small, isolated
population have continued to keep the
panther population at its current low
numbers. Potential panther habitat
throughout the southeast continues to
be affected by urbanization, residential
development, conversion to agriculture,
mining and mineral exploration, and
lack of land-use planning that
recognizes panther needs. Public
support is critical to attainment of
recovery goals for the Florida panther
and any reintroduction efforts. Potential
opposition to panthers will be the most
difficult aspect of panther recovery and
must be addressed before any
reintroduction efforts are initiated.
The goal of the Florida panther
recovery plan is to achieve long-term
viability of the panther to a point where
it can be reclassified from endangered to
threatened and then ultimately removed
from the Federal List of Endangered and
Threatened Species. The recovery plan
identifies three objectives to meet this
goal, including:
1. Maintain, restore, and expand the
Florida panther population and its
habitat in south Florida and expand the
breeding portion of the population in
south Florida to areas north of the
Caloosahatchee River.
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Frm 00053
Fmt 4703
Sfmt 4703
2. Identify, secure, maintain, and
restore panther habitat in potential
reintroduction areas within the
panther’s historic range, and establish
viable populations of the panther
outside south and south-central Florida.
3. Facilitate panther recovery through
public awareness and education.
The plan presents criteria for
reclassifying or delisting the panther.
These criteria are based on the number
of individuals and number of
populations that provide for
demographically and genetically viable
populations, as determined by several
population viability analyses, to ensure
resilience to catastrophic events.
Reclassification of the Florida panther
will be considered when:
1. Two viable populations of at least
240 individuals (adults and subadults)
each have been established and
subsequently maintained for a
minimum of 12 years (or 2 panther
generations).
2. Sufficient habitat quality, quantity,
and spatial configuration to support
these populations is retained/protected
or secured for the long term.
Delisting of the Florida panther will
be considered when:
1. Three viable, self-sustaining
populations of at least 240 individuals
(adults and subadults) each have been
established and subsequently
maintained for a minimum of 12 years.
2. Sufficient habitat quality, quantity,
and spatial configuration to support
these populations is retained/protected
or secured for the long term.
A viable population, for purposes of
Florida panther recovery, has been
defined as one in which there is a 95
percent probability of persistence for
100 years. This population may be
distributed in a metapopulation
structure composed of subpopulations
that total 240 individuals. There must
be exchange of individuals and gene
flow among subpopulations. For
reclassification, exchange of individuals
and gene flow can be either natural or
through management. If managed, a
commitment to such management must
be formally documented and funded.
For delisting, exchange of individuals
and gene flow among subpopulations
must be natural (i.e., not manipulated or
managed). Habitat should be in
relatively unfragmented blocks that
provide for food, shelter, and
characteristic movements (e.g., hunting,
breeding, dispersal, and territorial
behavior) and support each
metapopulation at a minimum density
of 2 to 3 animals per 100 square miles.
Authority: The authority for this action is
section 4(f) of the Endangered Species Act,
16 U.S.C. 1533(f).
E:\FR\FM\18DEN1.SGM
18DEN1
]]>Agencies
[Federal Register Volume 73, Number 244 (Thursday, December 18, 2008)]
[Notices]
[Pages 77050-77052]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30177]
=======================================================================
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5274-N-01]
Notice of HUD-Held Multifamily and Healthcare Loan Sale
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
ACTION: Notice of sale of mortgage loan.
-----------------------------------------------------------------------
SUMMARY: This notice announces HUD's intention to sell an unsubsidized
multifamily mortgage loan, without Federal Housing Administration (FHA)
insurance, in a competitive, sealed bid sale (Pool 101 of MHLS 2009-1).
This notice also describes generally the bidding process for the sale
and certain persons who are ineligible to bid.
DATES: For Pool 101 of MHLS 2009-1, the Bidder's Information Package
(BIP) was made available to qualified bidders on November 20, 2008.
Bids for the loan must be submitted on the bid date, which is currently
scheduled for December 19, 2008. HUD anticipates that an award will be
made on or before December 22, 2008. The sale closing is expected to
take place on December 30, 2008.
ADDRESSES: To become a qualified bidder and receive the BIP,
prospective bidders must complete, execute, and submit a
Confidentiality Agreement and a Qualification Statement acceptable to
HUD. Both documents will be available on the HUD Web site at https://
www.hud.gov/fhaloansales.cfm. The executed documents must be mailed and
faxed to DebtX at: The Debt Exchange, 133 Federal Street, 10th Floor,
Boston, MA 02111, Attention: MHLS 2009-1 Sale Coordinator, Fax 1-617-
531-3499.
FOR FURTHER INFORMATION CONTACT: John Lucey, Deputy Director, Asset
Sales Office, Room 3136, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410-8000; telephone 202-708-
2625, extension 3927. Individuals with hearing or speech impairments
may call 202-708-4594 (TTY). These are not toll-free numbers.
[[Page 77051]]
SUPPLEMENTARY INFORMATION: HUD announces its intention to sell in Pool
101 of MHLS 2009-1 an unsubsidized mortgage loan (Mortgage Loan)
secured by a multifamily property located in Columbus, Ohio. The
Mortgage Loan is non-performing. The Mortgage Loan will be sold without
FHA insurance and with servicing released. HUD will offer qualified
bidders an opportunity to bid competitively on the Mortgage Loan.
The mortgagor, if it is a qualified bidder, may submit a bid on the
Mortgage Loan. If interested, the Mortgagor should review the
Qualification Statement to determine whether it may be eligible to
qualify to submit a bid for Pool 101 of MHLS 2009-1.
The Bidding Process
The BIP will describe in detail the procedure for bidding in Pool
101 of MHLS 2009-1. The BIP or its supplement(s) will also include a
standardized nonnegotiable loan sale agreement (Loan Sale Agreement).
As part of its bid, each bidder must submit a deposit equal to the
greater of $100,000 or 10 percent of the bid price. In the event the
bidder's bid is less than $100,000.00, the minimum deposit shall be not
less than fifty percent of the bidder's bid. HUD will evaluate the bids
submitted and determine the successful bid in its sole and absolute
discretion. If a bidder is successful, the bidder's deposit will be
non-refundable and will be applied toward the purchase price. Deposits
will be returned to unsuccessful bidders. The Closing for Pool 101 of
MHLS 2009-1 is scheduled for December 30, 2008.
These are the essential terms of sale. The Loan Sale Agreement,
which will be included in the BIP or its supplement(s), will contain
additional terms and details. To ensure a competitive bidding process,
the terms of the bidding process and the Loan Sale Agreement are not
subject to negotiation.
Due Diligence Review
The BIP will describe the due diligence process for reviewing loan
files in Pool 101 of MHLS 2009-1. Qualified bidders will be able to
access loan information remotely via a high-speed Internet connection.
Further information on performing due diligence review of the Mortgage
Loans will be provided in the BIP.
Mortgage Loan Sale Policy
HUD reserves the right to reject any and all bids, in whole or in
part, without prejudice to HUD's right to include this Mortgage Loan in
a later sale. The Mortgage Loan will not be withdrawn after the Award
Date except as is specifically provided in the Loan Sale Agreement.
This is a sale of an unsubsidized mortgage loan, pursuant to
Section 204(a) of the Departments of the Department of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act of 1997, 12 U.S.C. 1715z-11a(a).
Mortgage Loan Sale Procedure
HUD selected a competitive sale as the method to sell the Mortgage
Loan. This method of sale optimizes HUD's return on the sale of this
Mortgage Loan, affords the greatest opportunity for all qualified
bidders to bid on the Mortgage Loan, and provides the quickest and most
efficient vehicle for HUD to dispose of the Mortgage Loan.
Bidder Eligibility
In order to bid in the sale, a prospective bidder must complete,
execute and submit both a Confidentiality Agreement and a Qualification
Statement acceptable to HUD. The following individuals and entities are
ineligible to bid on the Mortgage Loan included in Pool 101 of MHLS
2009-1:
(1) Any employee of HUD, a member of such employee's household, or
an entity owned or controlled by any such employee or member of such an
employee's household;
(2) Any individual or entity that is debarred, suspended, or
excluded from doing business with HUD pursuant to Title 24 of the Code
of Federal Regulations, Part 24, and Title 25 of the Code of Federal
Regulations, Part 2424;
(3) Any contractor, subcontractor and/or consultant or advisor
(including any agent, employee, partner, director, principal or
affiliate of any of the foregoing) who performed services for or on
behalf of HUD in connection with Pool 101 of MHLS 2009-1;
(4) Any individual who was a principal, partner, director, agent or
employee of any entity or individual described in subparagraph 3 above,
at any time during which the entity or individual performed services
for or on behalf of HUD in connection with Pool 101 of MHLS 2009-1;
(5) Any individual or entity that uses the services, directly or
indirectly, of any person or entity ineligible under subparagraphs 1
through 4 above to assist in preparing any of its bids on the Mortgage
Loan;
(6) Any individual or entity which employs or uses the services of
an employee of HUD (other than in such employee's official capacity)
who is involved in Pool 101 of MHLS 2009-1;
(7) Any mortgagor (or affiliate of a mortgagor) that failed to
submit to HUD on or before February 21, 2008, audited financial
statements for fiscal years 1999 through 2007 for a project securing a
Mortgage Loan;
(8) Any individual or entity and any Related Party (as such term is
defined in the Qualification Statement) of such individual or entity
that is a mortgagor in any of HUD's multifamily housing programs and
that is in default under such mortgage loan or is in violation of any
regulatory or business agreements with HUD, unless such default or
violation is cured on or before December 9, 2008;
(9) Any entity or individual that serviced or held the Mortgage
Loan at any time during the 2-year period prior to December 1, 2008, is
ineligible to bid on the Mortgage Loan or on the pool containing such
Mortgage Loan; and
(10) Any affiliate or principal of any entity or individual
described in the preceding sentence (subparagraph 9); any employee or
subcontractor of such entity or individual during that 2-year period;
or any entity or individual that employs or uses the services of any
other entity or individual described in this subparagraph in preparing
its bid on such Mortgage Loan.
Prospective bidders should carefully review the Qualification
Statement to determine whether they are eligible to submit bids on the
Mortgage Loan in Pool 101 of MHLS 2009-1.
Eligible Bidders With Respect to Pool 101 of MHLS 2009-1
Notwithstanding the foregoing, in order to bid on Pool 101 of MHLS
2009-1, bidders must be a Non-Profit entity, Housing Finance Authority,
or a unit of local government.
Freedom of Information Act Requests
HUD reserves the right, in its sole and absolute discretion, to
disclose information regarding Pool 101 of MHLS 2009-1, including, but
not limited to, the identity of any successful bidder and its bid price
or bid percentage for the loan, upon the closing of the sale. Even if
HUD elects not to publicly disclose any information relating to Pool
101 of MHLS 2009-1, HUD will have the right to disclose any information
that HUD is obligated to disclose pursuant to the Freedom of
Information Act and all regulations promulgated thereunder.
Scope of Notice
This notice applies to Pool 101 of MHLS 2009-1 and does not
establish
[[Page 77052]]
HUD's policy for the sale of other mortgage loans.
Dated: December 12, 2008.
Brian D. Montgomery,
Assistant Secretary for Housing--Federal Housing Commissioner.
[FR Doc. E8-30177 Filed 12-16-08; 4:15 pm]
BILLING CODE 4210-67-P
