Notice of HUD-Held Multifamily Loan Sale (MLS 2011-1), 24045-24047 [2011-10465]

Download as PDF Federal Register / Vol. 76, No. 83 / Friday, April 29, 2011 / Notices The purpose of the Public and Indian Housing Resident Opportunity and SelfSufficiency (ROSS) Service Coordinators program is to provide grants to public housing agencies (PHAs), tribes/tribally designated housing entities (TDHEs), Resident Associations (RAs), and nonprofit organizations (including grassroots, faith-based and other community-based organizations) for the provision of a Service Coordinator to coordinate supportive services and other activities designed to help Public and Indian housing residents attain economic and housing self-sufficiency. The notice providing information regarding the application process, funding criteria and eligibility requirements, application and instructions can be found using the Department of Housing and Urban Development agency link on the Grants.gov/Find Web site at https:// www.grants.gov/search/agency.do. A link to the funding opportunity is also available on the HUD Web site at https:// portal.hud.gov/hudportal/HUD?src=/ program_offices/administration/grants/ fundsavail. The link from the funds available page will take you to the agency link on Grants.gov. The Catalogue of Federal Domestic Assistance (CFDA) number for this program is 14.870. Applications must be submitted electronically through Grants.gov. FOR FURTHER INFORMATION CONTACT: srobinson on DSKHWCL6B1PROD with NOTICES Questions regarding specific program requirements should be directed to the agency contact identified in the program NOFA. Program staff will not be available to provide guidance on how to prepare the application. Questions regarding the 2011 General Section should be directed to the Office of Grants Management and Oversight at (202) 708–0667 or the NOFA Information Center at 800–HUD–8929 (toll free). Persons with hearing or speech impairments may access these numbers via TTY by calling the Federal Information Relay Service at 800–877– 8339. Dated: April 26, 2011. Barbara S. Dorf, Director, Office of Departmental Grants Management and Oversight, Office of the Chief of the Human Capital Officer. [FR Doc. 2011–10470 Filed 4–28–11; 8:45 am] BILLING CODE 4210–67–P VerDate Mar<15>2010 17:39 Apr 28, 2011 Jkt 223001 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5500–N–07] Notice of Availability: Notice of Funding Availability (NOFA) for HUD’s Fiscal Year (FY) 2011 Housing Choice Voucher Family Self-Sufficiency Program Office of the Chief of the Human Capital Officer, HUD. ACTION: Notice. AGENCY: HUD announces the availability on its website of the applicant information, submission deadlines, funding criteria, and other requirements for HUD’s FY2011 Housing Choice Voucher Family SelfSufficiency Program NOFA. Specifically, this NOFA announces the availability of approximately $59.88 million made available under the Department of Defense and Full-Year Continuing Appropriations Act, 2011, Public Law 112–10, approved April 15, 2011 for the Housing Choice Voucher Family Self-Sufficiency (HCV FSS) Program. The purpose of the HCV FSS program is to promote the development of local strategies to coordinate the use of assistance under the HCV program with public and private resources to enable participating families to increase earned income and financial literacy, reduce or eliminate the need for welfare assistance, and make progress toward economic independence and selfsufficiency. The notice providing information regarding the application process, funding criteria and eligibility requirements, application and instructions can be found using the Department of Housing and Urban Development agency link on the Grants.gov/Find Web site at https:// www.grants.gov/search/agency.do. A link to the funding opportunity is also available on the HUD Web site at https://portal.hud.gov/hudportal/ HUD?src=/program_offices/ administration/grants/fundsavail. The link from the funds available page will take you to the agency link on Grants.gov. The Catalogue of Federal Domestic Assistance (CFDA) number for this program is 14.871. Applications must be submitted electronically through Grants.gov. FOR FURTHER INFORMATION CONTACT: Questions regarding specific program requirements should be directed to the agency contact identified in the program NOFA. Program staff will not be available to provide guidance on how to SUMMARY: PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 24045 prepare the application. Questions regarding the 2011 General Section should be directed to the Office of Grants Management and Oversight at (202) 708–0667 or the NOFA Information Center at 800–HUD–8929 (toll free). Persons with hearing or speech impairments may access these numbers via TTY by calling the Federal Information Relay Service at 800–877– 8339. Dated: April 26, 2011. Barbara S. Dorf, Director, Office of Departmental Grants Management and Oversight, Office of the Chief of the Human Capital Officer. [FR Doc. 2011–10501 Filed 4–28–11; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5527–N–01] Notice of HUD-Held Multifamily Loan Sale (MLS 2011–1) Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. ACTION: Notice of sale of mortgage loans. AGENCY: This notice announces HUD’s intention to sell certain unsubsidized multifamily mortgage loans, without Federal Housing Administration (FHA) insurance, in a competitive, sealed bid sale (MLS 2011–1). 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 March 30, 2011. Submissions of bids for the loans were required by the bid date, which was April 27, 2011. Awards were made no later than April 28, 2011. Closings are expected to take place by May 6, 2011. ADDRESSES: To become a qualified bidder and receive the BIP, prospective bidders must have completed, executed, and submitted a Confidentiality Agreement and a Qualification Statement acceptable to HUD. Both documents were available on the HUD Web site at https://www.hud.gov/ fhaloansales. Executed documents were mailed and faxed documents to KDX Ventures: KDX Ventures, c/o The Debt Exchange, 133 Federal Street, 10th Floor, Boston, MA 02111, Attention: HCLS 2011–1 Sale Coordinator, Fax: 1– 617–531–3499. FOR FURTHER INFORMATION CONTACT: John Lucey, Deputy Director, Asset Sales Office, Room 3136, U.S. Department of Housing and Urban Development, 451 SUMMARY: E:\FR\FM\29APN1.SGM 29APN1 24046 Federal Register / Vol. 76, No. 83 / Friday, April 29, 2011 / Notices Seventh Street, SW., Washington, DC 20410–8000; telephone 202–708–2625, extension 3927. Hearing- or speechimpaired individuals may call 202–708– 4594 (TTY). These are not toll-free numbers. HUD announces its intention to sell in MLS 2011–1 certain unsubsidized mortgage loans (Mortgage Loans) secured by multifamily properties located throughout the United States. The Mortgage Loans were comprised of nonperforming mortgage loans. A final listing of the Mortgage Loans was included in the BIP. The Mortgage Loans were sold without FHA insurance and with servicing released. HUD offered qualified bidders an opportunity to bid competitively on the Mortgage Loans. The Mortgage Loans may be stratified for bidding purposes into several mortgage loan pools. Each pool contained Mortgage Loans that generally had similar performance, property type, geographic location, lien position and other characteristics. Qualified bidders could submit bids on one or more pools of Mortgage Loans or could bid on individual loans. A mortgagor who was a qualified bidder was permitted to submit an individual bid on its own Mortgage Loan. Interested Mortgagors were able to review the Qualification Statement to determine whether they were eligible to qualify to submit bids on one or more pools of Mortgage Loans or on individual loans in MLS 2011–1. SUPPLEMENTARY INFORMATION: srobinson on DSKHWCL6B1PROD with NOTICES The Bidding Process The BIP described in detail the procedure for bidding in MLS 2011–1. The BIP also included a standardized non-negotiable loan sale agreement (Loan Sale Agreement). As part of its bid, each bidder was required to submit a deposit equal to the greater of $100,000 or 10% of the bid price. In the event the bidder’s aggregate bid was less than $100,000.00, the minimum deposit was not less than fifty percent (50%) of the bidder’s aggregate bid. HUD evaluated the bids submitted and determined the successful bids in its sole and absolute discretion. If a bidder was successful, the bidder’s deposit was non-refundable and was applied toward the purchase price. Deposits were returned to unsuccessful bidders. Closings are scheduled to occur by May 6, 2011. These were the essential terms of sale. The Loan Sale Agreement, which was included in the BIP, contained additional terms and details. To ensure a competitive bidding process, the terms of the bidding process and the Loan Sale VerDate Mar<15>2010 17:39 Apr 28, 2011 Jkt 223001 Agreement were not subject to negotiation. Due Diligence Review The BIP described the due diligence process for reviewing loan files in MLS 2011–1. Qualified bidders were able to access loan information remotely via a high-speed Internet connection. Mortgage Loan Sale Policy HUD reserved the right to add Mortgage Loans to or delete Mortgage Loans from MLS 2011–1 at any time prior to the Award Date. HUD also reserved 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 was 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 was required to complete, execute and submit both a Confidentiality Agreement and a Qualification Statement acceptable to HUD. The following individuals and entities were ineligible to bid on any of the Mortgage Loans included in MLS 2011–1: (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 MLS 2011–1; PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 (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 MLS 2011–1; (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 MLS 2011–1; (7) Any affiliate, principal or employee of any person or entity that, within the two-year period prior to April 1, 2011, serviced any of the Mortgage Loans or performed other services for or on behalf of HUD; (8) Any contractor or subcontractor to HUD that otherwise had access to information concerning the Mortgage Loans on behalf of HUD or provided services to any person or entity which, within the two-year period prior to April 1, 2011, had access to information with respect to the Mortgage Loans on behalf of HUD; (9) Any employee, officer, director or any other person that provides or will provide services to the potential bidder with respect to such Mortgage Loans during any warranty period established for the Loan Sale, that (x) serviced any of the Mortgage Loans or performed other services for or on behalf of HUD or (y) within the two-year period prior to April 1, 2011, provided services to any person or entity which serviced, performed services or otherwise had access to information with respect to the Mortgage Loans for or on behalf of HUD; (10) Any mortgagor or operator that failed to submit to HUD on or before March 31, 2011, audited financial statements for fiscal years 2007 through 2010 (or for such time as the project has been in operation or the prospective bidder served as operator, if less than three (3) years) for a project securing a Mortgage Loan; (11) 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 and/or healthcare 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 31, 2011. E:\FR\FM\29APN1.SGM 29APN1 Federal Register / Vol. 76, No. 83 / Friday, April 29, 2011 / Notices Prospective bidders were encouraged to carefully review the Qualification Statement to determine whether they were eligible to submit bids on the Mortgage Loans in MLS 2011–1. Freedom of Information Act Requests HUD reserves the right, in its sole and absolute discretion, to disclose information regarding MLS 2011–1, 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 MLS 2011–1, 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 MLS 2011–1 and does not establish HUD’s policy for the sale of other mortgage loans. Dated: April 22, 2011. Robert C. Ryan, Acting Assistant Secretary for Housing Federal Housing—Commissioner. [FR Doc. 2011–10465 Filed 4–28–11; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–R1–R–2011–N060; 1265–0000–10137– S3] Palmyra Atoll National Wildlife Refuge, U.S. Pacific Island Territory; Nonnative Rat Eradication Project, Final Environmental Impact Statement Fish and Wildlife Service, Interior. ACTION: Notice of availability. AGENCY: We, the U.S. Fish and Wildlife Service (Service), announce the availability of the Palmyra Atoll National Wildlife Refuge (Refuge) nonnative rat eradication project final environmental impact statement (FEIS). In the FEIS we describe a range of alternatives for eliminating nonnative rats from Palmyra Atoll (Atoll). We are publishing this notice to inform the public of the proposed action and to announce the availability of the FEIS. DATES: A Record of Decision will be signed no sooner than 30 days after the publication of the Environmental Protection Agency notice announcing the same FEIS. srobinson on DSKHWCL6B1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:39 Apr 28, 2011 Jkt 223001 The FEIS is available on our Web site: https://www.fws.gov/ palmyraatoll/rainforestrestoration.html. A limited number of CD–ROM and printed copies are also available. You may request a copy by any of the following methods. E-mail: pacific_reefs@fws.gov. Include ‘‘Palmyra rat project’’ in the subject line. Fax: Attn: Susan White, 808–792– 9586. U.S. Mail: Pacific Reefs National Wildlife Refuge Complex, 300 Ala Moana Blvd., Room 5–231, Honolulu, HI 96850. FOR FURTHER INFORMATION CONTACT: Susan White, (808) 792–9553. SUPPLEMENTARY INFORMATION: ADDRESSES: Introduction With this notice we continue the public involvement process in accordance with the National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.), as amended, and implementing regulations. We prepared the FEIS in accordance with NEPA and the National Wildlife Refuge System Administration Act of 1966 as amended by the National Wildlife Refuge System Improvement Act of 1997 (16 U.S.C. 668dd–668ee) (Refuge Administration Act); and Service regulations and policies. The Refuge Administration Act requires each unit of the National Wildlife Refuge System to be managed to achieve its establishing purposes. The Atoll is located in the Pacific Ocean, approximately halfway between Hawai‘i and American Samoa. It consists of a circular string of 50 islets nestled among several lagoons and encircled by 15,000 acres of shallow reefs and submerged reefs. Nonnative invasive rats are damaging the Atoll’s environment. Through our FEIS we are proposing to restore and protect native species and habitats by eradicating rats. In the FEIS we recommend applying a lethal dose of rodenticide to every rat on the Atoll, in a manner that minimizes harm to the ecosystem and upholds a high probability of success. Public Involvement We conducted public scoping for the draft environmental impact statement (DEIS) from January 14 to March 1, 2010. During that time we requested public comments through the Federal Register (75 FR 2158; January 14, 2010) and on our Web site (see ADDRESSES). The comments we received covered topics such as threats to nontarget species, our proposed selection of the rodenticide brodifacoum over diphacinone, and effects to other Refuge operations. We considered and PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 24047 evaluated these comments, and incorporated them into the various alternatives identified in the DEIS. We distributed copies of the DEIS, posted it on our Web site (see ADDRESSES), and held a public comment period from February 25 to April 11, 2011 (76 FR 10621; February 25, 2011). During the public comment period, we received comments regarding strong support for and strong opposition to rat eradication, threats to nontarget species, our proposed selection of the rodenticide brodifacoum over diphacinone, effects to other Refuge operations, and implementation strategies. The comments we received and our responses are presented in the FEIS. FEIS Alternatives We present four alternatives in the FEIS. Alternative A is our no action alternative, and Alternatives B, C, and D, are our action alternatives. In all of the action alternatives, we propose using rodenticide bait pellets containing the anticoagulant brodifacoum (0.0025 percent active ingredient) to eradicate rats from the Atoll. In Alternative B, we propose broadcasting brodifacoum aerially; in Alternative C, our preferred alternative, we propose broadcasting brodifacoum aerially and mitigating risks to vulnerable shorebirds; and in Alternative D, we propose using brodifacoum bait stations and canopy baiting. In order to be retained for consideration, our action alternatives had to: (1) Have a high likelihood of success; (2) have an acceptably low probability for adverse effects on populations of nontarget species and the environment; and (3) be allowed under regulations governing the Refuge. The potential impacts of each alternative were assessed, and, where appropriate, mitigation measures were applied to avoid impacts or reduce their magnitude and intensity. Under Alternative A, no new actions to eradicate rats would be implemented and they would continue to harm the Atoll’s environment. Under Alternatives B and C we would use a helicopter with a specialized bucket to broadcast brodifacoum bait pellets aerially. The bucket would deliver the bait at the appropriate rate and in a directional manner to all potential rat territories within a short operational period. Special measures to prevent the bait from entering the water would include hand broadcasting on narrow strands of land and tiny islands, and installing bait packets in canopy trees overhanging the water. In addition, under Alternative C, we would manage E:\FR\FM\29APN1.SGM 29APN1

Agencies

[Federal Register Volume 76, Number 83 (Friday, April 29, 2011)]
[Notices]
[Pages 24045-24047]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10465]


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

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5527-N-01]


Notice of HUD-Held Multifamily Loan Sale (MLS 2011-1)

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

ACTION: Notice of sale of mortgage loans.

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

SUMMARY: This notice announces HUD's intention to sell certain 
unsubsidized multifamily mortgage loans, without Federal Housing 
Administration (FHA) insurance, in a competitive, sealed bid sale (MLS 
2011-1). 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 March 30, 2011. Submissions of bids for the loans 
were required by the bid date, which was April 27, 2011. Awards were 
made no later than April 28, 2011. Closings are expected to take place 
by May 6, 2011.

ADDRESSES: To become a qualified bidder and receive the BIP, 
prospective bidders must have completed, executed, and submitted a 
Confidentiality Agreement and a Qualification Statement acceptable to 
HUD. Both documents were available on the HUD Web site at https://www.hud.gov/fhaloansales. Executed documents were mailed and faxed 
documents to KDX Ventures: KDX Ventures, c/o The Debt Exchange, 133 
Federal Street, 10th Floor, Boston, MA 02111, Attention: HCLS 2011-1 
Sale Coordinator, Fax: 1-617-531-3499.

FOR FURTHER INFORMATION CONTACT: John Lucey, Deputy Director, Asset 
Sales Office, Room 3136, U.S. Department of Housing and Urban 
Development, 451

[[Page 24046]]

Seventh Street, SW., Washington, DC 20410-8000; telephone 202-708-2625, 
extension 3927. Hearing- or speech-impaired individuals may call 202-
708-4594 (TTY). These are not toll-free numbers.

SUPPLEMENTARY INFORMATION: HUD announces its intention to sell in MLS 
2011-1 certain unsubsidized mortgage loans (Mortgage Loans) secured by 
multifamily properties located throughout the United States. The 
Mortgage Loans were comprised of non-performing mortgage loans. A final 
listing of the Mortgage Loans was included in the BIP. The Mortgage 
Loans were sold without FHA insurance and with servicing released. HUD 
offered qualified bidders an opportunity to bid competitively on the 
Mortgage Loans.
    The Mortgage Loans may be stratified for bidding purposes into 
several mortgage loan pools. Each pool contained Mortgage Loans that 
generally had similar performance, property type, geographic location, 
lien position and other characteristics. Qualified bidders could submit 
bids on one or more pools of Mortgage Loans or could bid on individual 
loans. A mortgagor who was a qualified bidder was permitted to submit 
an individual bid on its own Mortgage Loan. Interested Mortgagors were 
able to review the Qualification Statement to determine whether they 
were eligible to qualify to submit bids on one or more pools of 
Mortgage Loans or on individual loans in MLS 2011-1.

The Bidding Process

    The BIP described in detail the procedure for bidding in MLS 2011-
1. The BIP also included a standardized non-negotiable loan sale 
agreement (Loan Sale Agreement).
    As part of its bid, each bidder was required to submit a deposit 
equal to the greater of $100,000 or 10% of the bid price. In the event 
the bidder's aggregate bid was less than $100,000.00, the minimum 
deposit was not less than fifty percent (50%) of the bidder's aggregate 
bid. HUD evaluated the bids submitted and determined the successful 
bids in its sole and absolute discretion. If a bidder was successful, 
the bidder's deposit was non-refundable and was applied toward the 
purchase price. Deposits were returned to unsuccessful bidders. 
Closings are scheduled to occur by May 6, 2011.
    These were the essential terms of sale. The Loan Sale Agreement, 
which was included in the BIP, contained additional terms and details. 
To ensure a competitive bidding process, the terms of the bidding 
process and the Loan Sale Agreement were not subject to negotiation.

Due Diligence Review

    The BIP described the due diligence process for reviewing loan 
files in MLS 2011-1. Qualified bidders were able to access loan 
information remotely via a high-speed Internet connection.

Mortgage Loan Sale Policy

    HUD reserved the right to add Mortgage Loans to or delete Mortgage 
Loans from MLS 2011-1 at any time prior to the Award Date. HUD also 
reserved 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 was 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 was required to 
complete, execute and submit both a Confidentiality Agreement and a 
Qualification Statement acceptable to HUD. The following individuals 
and entities were ineligible to bid on any of the Mortgage Loans 
included in MLS 2011-1:
    (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 MLS 2011-1;
    (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 MLS 2011-1;
    (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 MLS 2011-1;
    (7) Any affiliate, principal or employee of any person or entity 
that, within the two-year period prior to April 1, 2011, serviced any 
of the Mortgage Loans or performed other services for or on behalf of 
HUD;
    (8) Any contractor or subcontractor to HUD that otherwise had 
access to information concerning the Mortgage Loans on behalf of HUD or 
provided services to any person or entity which, within the two-year 
period prior to April 1, 2011, had access to information with respect 
to the Mortgage Loans on behalf of HUD;
    (9) Any employee, officer, director or any other person that 
provides or will provide services to the potential bidder with respect 
to such Mortgage Loans during any warranty period established for the 
Loan Sale, that (x) serviced any of the Mortgage Loans or performed 
other services for or on behalf of HUD or (y) within the two-year 
period prior to April 1, 2011, provided services to any person or 
entity which serviced, performed services or otherwise had access to 
information with respect to the Mortgage Loans for or on behalf of HUD;
    (10) Any mortgagor or operator that failed to submit to HUD on or 
before March 31, 2011, audited financial statements for fiscal years 
2007 through 2010 (or for such time as the project has been in 
operation or the prospective bidder served as operator, if less than 
three (3) years) for a project securing a Mortgage Loan;
    (11) 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 and/or healthcare 
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 31, 2011.

[[Page 24047]]

    Prospective bidders were encouraged to carefully review the 
Qualification Statement to determine whether they were eligible to 
submit bids on the Mortgage Loans in MLS 2011-1.

Freedom of Information Act Requests

    HUD reserves the right, in its sole and absolute discretion, to 
disclose information regarding MLS 2011-1, 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 MLS 2011-1, 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 MLS 2011-1 and does not establish HUD's 
policy for the sale of other mortgage loans.

    Dated: April 22, 2011.
Robert C. Ryan,
Acting Assistant Secretary for Housing - Federal Housing--Commissioner.
[FR Doc. 2011-10465 Filed 4-28-11; 8:45 am]
BILLING CODE 4210-67-P
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