Notice of HUD-Held Multifamily and Healthcare Loan Sale (MHLS 2009-1), 5178-5180 [E9-1927]

Download as PDF 5178 Federal Register / Vol. 74, No. 18 / Thursday, January 29, 2009 / Notices disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121–5207 (the Stafford Act). Therefore, I declare that such a major disaster exists in the State of Vermont. In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses. You are authorized to provide Public Assistance in the designated areas, Hazard Mitigation throughout the State, and any other forms of assistance under the Stafford Act that you deem appropriate. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Public Assistance and Hazard Mitigation will be limited to 75 percent of the total eligible costs. If Other Needs Assistance under Section 408 of the Stafford Act is later requested and warranted, Federal funding under that program will also be limited to 75 percent of the total eligible costs. Further, you are authorized to make changes to this declaration to the extent allowable under the Stafford Act. The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Mark H. Landry, of FEMA is appointed to act as the Federal Coordinating Officer for this major disaster. The following areas of the State of Vermont have been designated as adversely affected by this major disaster: rmajette on PRODPC74 with NOTICES Bennington and Windham Counties for Public Assistance. All counties within the State of Vermont are eligible to apply for assistance under the Hazard Mitigation Grant Program. The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant. R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E9–1881 Filed 1–28–09; 8:45 am] DEPARTMENT OF HOMELAND SECURITY DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency Federal Emergency Management Agency [Internal Agency Docket No. FEMA–1813– DR; Docket ID FEMA–2008–0018] Massachusetts; Amendment No. 1 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster declaration for the Commonwealth of Massachusetts (FEMA–1813–DR), dated January 5, 2009, and related determinations. DATES: Effective Date: January 16, 2009. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–3886. The notice of a major disaster declaration for the Commonwealth of Massachusetts is hereby amended to include the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of January 5, 2009. SUPPLEMENTARY INFORMATION: Essex and Middlesex Counties for Public Assistance, including direct Federal assistance. (The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E9–1876 Filed 1–28–09; 8:45 am] BILLING CODE 9111–23–P BILLING CODE 9111–23–P VerDate Nov<24>2008 15:25 Jan 28, 2009 Jkt 217001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 [Internal Agency Docket No. FEMA–1812– DR; Docket ID FEMA–2008–0018] New Hampshire; Amendment No. 1 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster declaration for the State of New Hampshire (FEMA–1812– DR), dated January 2, 2009, and related determinations. DATES: Effective Date: December 23, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–3886. SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident period for this disaster is closed effective December 23, 2008. (The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households in Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) Nancy Ward, Acting Administrator, Federal Emergency Management Agency. [FR Doc. E9–1882 Filed 1–28–09; 8:45 am] BILLING CODE 9111–23–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5293–N–01] Notice of HUD-Held Multifamily and Healthcare Loan Sale (MHLS 2009–1) AGENCY: Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. ACTION: Notice of sale of mortgage loans. E:\FR\FM\29JAN1.SGM 29JAN1 rmajette on PRODPC74 with NOTICES Federal Register / Vol. 74, No. 18 / Thursday, January 29, 2009 / Notices SUMMARY: This notice announces HUD’s intention to sell certain unsubsidized multifamily and healthcare mortgage loans, without Federal Housing Administration (FHA) insurance, in a competitive, sealed bid sale (MHLS 2009–1). This notice also describes generally the bidding process for the sale and certain persons who are ineligible to bid. DATES: The Bidder’s Information Package (BIP) was made available to qualified bidders on January 9, 2009. Bids for the loans must be submitted on the bid date, which is currently scheduled for February 4, 2009. HUD anticipates that awards will be made on or before February 5, 2009. Closings are expected to take place between February 11, 2009 and February 18, 2009. 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/offices/hsg/comp/asset/ mfam/mhls.cfm. Please mail and fax executed documents to KDX Ventures: KDX Ventures, c/o 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. SUPPLEMENTARY INFORMATION: HUD announces its intention to sell in MHLS 2009–1 certain unsubsidized mortgage loans (Mortgage Loans) secured by multifamily and healthcare properties located throughout the United States. The Mortgage Loans are comprised primarily of non-performing mortgage loans. A final listing of the Mortgage Loans will be included in the BIP. The Mortgage Loans will be sold without FHA insurance and with servicing released. HUD will offer qualified bidders an opportunity to bid competitively on the Mortgage Loans. The Mortgage Loans will be stratified for bidding purposes into several mortgage loan pools. Each pool will contain Mortgage Loans that generally have similar performance, property type, geographic location, lien position and other characteristics. Qualified bidders may submit bids on one or more pools of Mortgage Loans or may bid on VerDate Nov<24>2008 15:25 Jan 28, 2009 Jkt 217001 individual loans. A mortgagor who is a qualified bidder may submit an individual bid on its own Mortgage Loan. Interested Mortgagors should review the Qualification Statement to determine whether they may also be eligible to qualify to submit bids on one or more pools of Mortgage Loans or on individual loans in MHLS 2009–1. The Bidding Process The BIP will describe in detail the procedure for bidding in MHLS 2009–1. The BIP 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% of the bid price. In the event the bidder’s aggregate bid is less than $100,000.00, the minimum deposit shall be not less than fifty percent (50%) of the bidder’s aggregate bid. HUD will evaluate the bids submitted and determine the successful bids 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. Closings are scheduled to occur between February 11, 2009 and February 18, 2009. These are the essential terms of sale. The Loan Sale Agreement, which will be included in the BIP, 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 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 add Mortgage Loans to or delete Mortgage Loans from MHLS 2009–1 at any time prior to the Award Date. HUD also reserves the right to reject any and all bids, in whole or in part, without prejudice to HUD’s right to include any Mortgage Loans in a later sale. Mortgage Loans will not be withdrawn after the Award Date except as is specifically provided in the Loan Sale Agreement. This is a sale of unsubsidized mortgage loans pursuant to Section 204(a) of the Departments of Veterans Affairs and Housing and Urban PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 5179 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 Loans. This method of sale optimizes HUD’s return on the sale of these Mortgage Loans, affords the greatest opportunity for all qualified bidders to bid on the Mortgage Loans, and provides the quickest and most efficient vehicle for HUD to dispose of the Mortgage Loans. 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 any of the Mortgage Loans included in 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 2 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 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 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 Loans; (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 MHLS 2009–1; (7) Any mortgagor (or affiliate of a mortgagor) that failed to submit to HUD on or before January 27, 2009, audited financial statements for fiscal years 2000 through 2007 for a project securing a Mortgage Loan; E:\FR\FM\29JAN1.SGM 29JAN1 5180 Federal Register / Vol. 74, No. 18 / Thursday, January 29, 2009 / Notices (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 January 27, 2009; (9) Any entity or individual that serviced or held any Mortgage Loan at any time during the 2-year period prior to January 1, 2009, is ineligible to bid on such Mortgage Loan or on the pool containing such Mortgage Loan, but may bid on loan pools that do not contain Mortgage Loans that they have serviced or held at any time during the 2-year period prior to January 1, 2009; and (10) Also ineligible to bid on any Mortgage Loan are: (a) Any affiliate or principal of any entity or individual described in the preceding sentence (paragraph 9); (b) any employee or subcontractor of such entity or individual during that 2-year period; or (c) any entity or individual that employs or uses the services of any other entity or individual described in this paragraph 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 Loans in MHLS 2009–1. Freedom of Information Act Requests HUD reserves the right, in its sole and absolute discretion, to disclose information regarding MHLS 2009–1, including, but not limited to, the identity of any successful bidder and its bid price or bid percentage for any pool of loans or individual loan, upon the closing of the sale of all the Mortgage Loans. Even if HUD elects not to publicly disclose any information relating to 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 there under. Scope of Notice rmajette on PRODPC74 with NOTICES This notice applies to MHLS 2009–1 and does not establish HUD’s policy for the sale of other mortgage loans. Dated: January 23, 2009. Ronald Y. Spraker, Acting General Deputy Assistant Secretary for Housing. [FR Doc. E9–1927 Filed 1–28–09; 8:45 am] BILLING CODE 4210–67–P VerDate Nov<24>2008 15:25 Jan 28, 2009 Jkt 217001 Should you require reasonable accommodation, please contact the Bureau of Land Management Lakeview District BLM at (541) 947– [L10200000–MJ0000–LLORL00100; HAG 09– 2177 as soon as possible. DEPARTMENT OF THE INTERIOR 0062] Southeast Oregon Resource Advisory Council: Meeting Dated: January 20, 2009. Carol A. Benkosky, District Manager. [FR Doc. E9–1896 Filed 1–28–09; 8:45 am] AGENCY: Bureau of Land Management, Interior. ACTION: Southeast Oregon Resource Advisory Council: Meeting. BILLING CODE 4310–33–P Pursuant to the Federal Advisory Committee Act, the Department of the Interior Bureau of Land Management (BLM) announces the following advisory committee meeting: Name: Southeast Oregon Resource Advisory Council (SEORAC). Time and Date: 1 p.m. February 26, 2009; 8 a.m. February 27, 2009. Place: Best Western Rory and Ryan Inns, 534 Highway 20 N, Hines, Oregon 97738. Status: Open to the public. SUMMARY: The SEORAC will be briefed on BLM’s wild horse and burro program, BLM’s sagebrush habitat treatments and the current status of the Oregon Explorer grant. Council members will also provide orientation to new members, conduct chair elections, establish their 2009 annual work plan and meeting schedule, receive organizational updates from designated federal officials, give interest area updates, implement a subgroup establishment process, identify new subgroup members, present active subgroup reports and develop agenda items for the next meeting. Any other matters that may reasonably come before the SEORAC may also be addressed. The public is welcome to attend all portions of the meeting and may contribute during the public comment period at 11 a.m. on February 27, 2009. Those who verbally address the SEORAC during the public comment period are asked to provide a written statement of their comments or presentation. Unless otherwise approved by the SEORAC chair, the public comment period will last no longer than 30 minutes, and each speaker may address the SEORAC for a maximum of five minutes. FOR FURTHER INFORMATION CONTACT: Program information, meeting records and a roster of council members may be obtained from Scott Stoffel, Public Affairs Specialist, 1301 South G Street, Lakeview, OR 97630, (541) 947–6237. The meeting agenda will be posted at https://www.blm.gov/or/rac/seorracminutes.php when available. National Park Service PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 DEPARTMENT OF THE INTERIOR Notice of Availability for the Draft White-Tailed Deer Management Plan/ Environmental Impact Statement, Indiana Dunes National Lakeshore, IN National Park Service. Notice of Availability for the Draft White-tailed Deer Management Plan/Environmental Impact Statement, Indiana Dunes National Lakeshore, Indiana. AGENCY: ACTION: SUMMARY: Pursuant to Section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), the National Park Service (NPS) announces the availability of a draft White-tailed Deer Management Plan and Environmental Impact Statement (EIS) for Indiana Dunes National Lakeshore, Indiana (Lakeshore). DATES: The draft EIS will remain available for public review for 60 days following the publishing of the notice of availability in the Federal Register by the U.S. Environmental Protection Agency. A public meeting will be held during the 60-day review period, but the specific date and location will be announced in local and regional media sources of record and on the Lakeshore Web site. You may submit your comments by any one of several methods. You may comment via the Internet through the NPS Planning, Environment, and Public Comment Web site (https:// parkplanning.nps.gov/indu); simply click on the link to the White-tailed Deer Management Plan. You may mail comments to Superintendent Constantine Dillon, Indiana Dunes National Lakeshore, 1100 North Mineral Springs Road, Porter, Indiana 46304. You may send comments by facsimile to 219–395–1550. Finally, you may handdeliver comments to the Lakeshore headquarters at the address above. ADDRESSES: Copies of the draft EIS are available from the Superintendent, Indiana Dunes National Lakeshore, 1100 North Mineral Springs Road, Porter, Indiana 46304. E:\FR\FM\29JAN1.SGM 29JAN1

Agencies

[Federal Register Volume 74, Number 18 (Thursday, January 29, 2009)]
[Notices]
[Pages 5178-5180]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1927]


=======================================================================
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5293-N-01]


Notice of HUD-Held Multifamily and Healthcare Loan Sale (MHLS 
2009-1)

AGENCY: Office of the Assistant Secretary for Housing--Federal Housing 
Commissioner, HUD.

ACTION: Notice of sale of mortgage loans.

-----------------------------------------------------------------------

[[Page 5179]]

SUMMARY: This notice announces HUD's intention to sell certain 
unsubsidized multifamily and healthcare mortgage loans, without Federal 
Housing Administration (FHA) insurance, in a competitive, sealed bid 
sale (MHLS 2009-1). This notice also describes generally the bidding 
process for the sale and certain persons who are ineligible to bid.

DATES: The Bidder's Information Package (BIP) was made available to 
qualified bidders on January 9, 2009. Bids for the loans must be 
submitted on the bid date, which is currently scheduled for February 4, 
2009. HUD anticipates that awards will be made on or before February 5, 
2009. Closings are expected to take place between February 11, 2009 and 
February 18, 2009.

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/offices/hsg/comp/asset/mfam/mhls.cfm. Please mail and fax 
executed documents to KDX Ventures: KDX Ventures, c/o 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.

SUPPLEMENTARY INFORMATION: HUD announces its intention to sell in MHLS 
2009-1 certain unsubsidized mortgage loans (Mortgage Loans) secured by 
multifamily and healthcare properties located throughout the United 
States. The Mortgage Loans are comprised primarily of non-performing 
mortgage loans. A final listing of the Mortgage Loans will be included 
in the BIP. The Mortgage Loans will be sold without FHA insurance and 
with servicing released. HUD will offer qualified bidders an 
opportunity to bid competitively on the Mortgage Loans.
    The Mortgage Loans will be stratified for bidding purposes into 
several mortgage loan pools. Each pool will contain Mortgage Loans that 
generally have similar performance, property type, geographic location, 
lien position and other characteristics. Qualified bidders may submit 
bids on one or more pools of Mortgage Loans or may bid on individual 
loans. A mortgagor who is a qualified bidder may submit an individual 
bid on its own Mortgage Loan. Interested Mortgagors should review the 
Qualification Statement to determine whether they may also be eligible 
to qualify to submit bids on one or more pools of Mortgage Loans or on 
individual loans in MHLS 2009-1.

The Bidding Process

    The BIP will describe in detail the procedure for bidding in MHLS 
2009-1. The BIP 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% of the bid price. In the event the bidder's 
aggregate bid is less than $100,000.00, the minimum deposit shall be 
not less than fifty percent (50%) of the bidder's aggregate bid. HUD 
will evaluate the bids submitted and determine the successful bids 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. 
Closings are scheduled to occur between February 11, 2009 and February 
18, 2009.
    These are the essential terms of sale. The Loan Sale Agreement, 
which will be included in the BIP, 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 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 add Mortgage Loans to or delete Mortgage 
Loans from MHLS 2009-1 at any time prior to the Award Date. HUD also 
reserves the right to reject any and all bids, in whole or in part, 
without prejudice to HUD's right to include any Mortgage Loans in a 
later sale. Mortgage Loans will not be withdrawn after the Award Date 
except as is specifically provided in the Loan Sale Agreement.
    This is a sale of unsubsidized mortgage loans pursuant to Section 
204(a) of the Departments 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 
Loans. This method of sale optimizes HUD's return on the sale of these 
Mortgage Loans, affords the greatest opportunity for all qualified 
bidders to bid on the Mortgage Loans, and provides the quickest and 
most efficient vehicle for HUD to dispose of the Mortgage Loans.

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 any of the Mortgage Loans included in 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 2 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 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 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 
Loans;
    (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 MHLS 2009-1;
    (7) Any mortgagor (or affiliate of a mortgagor) that failed to 
submit to HUD on or before January 27, 2009, audited financial 
statements for fiscal years 2000 through 2007 for a project securing a 
Mortgage Loan;

[[Page 5180]]

    (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 January 27, 2009;
    (9) Any entity or individual that serviced or held any Mortgage 
Loan at any time during the 2-year period prior to January 1, 2009, is 
ineligible to bid on such Mortgage Loan or on the pool containing such 
Mortgage Loan, but may bid on loan pools that do not contain Mortgage 
Loans that they have serviced or held at any time during the 2-year 
period prior to January 1, 2009; and
    (10) Also ineligible to bid on any Mortgage Loan are: (a) Any 
affiliate or principal of any entity or individual described in the 
preceding sentence (paragraph 9); (b) any employee or subcontractor of 
such entity or individual during that 2-year period; or (c) any entity 
or individual that employs or uses the services of any other entity or 
individual described in this paragraph 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 Loans in MHLS 2009-1.

Freedom of Information Act Requests

    HUD reserves the right, in its sole and absolute discretion, to 
disclose information regarding MHLS 2009-1, including, but not limited 
to, the identity of any successful bidder and its bid price or bid 
percentage for any pool of loans or individual loan, upon the closing 
of the sale of all the Mortgage Loans. Even if HUD elects not to 
publicly disclose any information relating to 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 there under.

Scope of Notice

    This notice applies to MHLS 2009-1 and does not establish HUD's 
policy for the sale of other mortgage loans.

    Dated: January 23, 2009.
Ronald Y. Spraker,
Acting General Deputy Assistant Secretary for Housing.
[FR Doc. E9-1927 Filed 1-28-09; 8:45 am]
BILLING CODE 4210-67-P
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