Notice of HUD-Held Multifamily and Healthcare Loan Sale (MHLS 2012-1), 71593-71595 [2011-29920]

Download as PDF Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 / Notices Total Estimated Burden Hours: 4,320. Status: Revision of a currently previously approved collection. Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended. Dated: November 10, 2011. Colette Pollard, Departmental Reports Management Officer, Office of the Chief Information Officer. [FR Doc. 2011–29917 Filed 11–17–11; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5374–N–35] Buy American Exceptions Under the American Recovery and Reinvestment Act of 2009 Office of the Assistant Secretary for Public and Indian Housing, HUD. ACTION: Notice. AGENCY: In accordance with the American Recovery and Reinvestment Act of 2009 (Pub. L. 111–05, approved February 17, 2009) (Recovery Act), and implementing guidance of the Office of Management and Budget (OMB), this notice advises that certain exceptions to the Buy American requirement of the Recovery Act have been determined applicable for work using Capital Fund Recovery Formula and Competition (CFRFC) grant funds. Specifically, exceptions were granted to the Philadelphia Housing Authority for the purchase and installation of a single zone, ductless split Heating, Ventilation and Air Conditioning (HVAC) system for the Plymouth Hall Apartments project, and to the Chattanooga Housing Authority for the purchase and installation of linoleum flooring for its Fairmount Avenue Townhomes project. FOR FURTHER INFORMATION CONTACT: Donald J. LaVoy, Deputy Assistant Secretary for Office of Field Operations, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4112, Washington, DC 20410–4000, telephone number (202) 402–8500 (this is not a toll-free number); or Dominique G. Blom, Deputy Assistant Secretary for Public Housing Investments, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4130, Washington DC, 20410–4000, telephone number (202) 402–8500 (this is not a toll-free number). Persons with hearingor speech-impairments may access this number through TTY by calling the toll- mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:44 Nov 17, 2011 Jkt 226001 free Federal Information Relay Service at (800) 877–8339. Section 1605(a) of the Recovery Act provides that none of the funds appropriated or made available by the Recovery Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. Section 1605(b) provides that the Buy American requirement shall not apply in any case or category in which the head of a Federal department or agency finds that: (1) Applying the Buy American requirement would be inconsistent with the public interest; (2) iron, steel, and the relevant manufactured goods are not produced in the U.S. in sufficient and reasonably available quantities or of satisfactory quality, or (3) inclusion of iron, steel, and manufactured goods will increase the cost of the overall project by more than 25 percent. Section 1605(c) provides that if the head of a Federal department or agency makes a determination pursuant to section 1605(b), the head of the department or agency shall publish a detailed written justification in the Federal Register. In accordance with section 1605(c) of the Recovery Act and OMB’s implementing guidance published on April 23, 2009 (74 FR 18449), this notice advises the public that, on October 20, 2011, the following exceptions were granted: 1. Philadelphia Housing Authority. Upon request of the Philadelphia Housing Authority, HUD granted an exception to applicability of the Buy American requirements with respect to work, using CFRFC grant funds, in connection with the Plymouth Hall Apartments project. The exception was granted by HUD on the basis that the relevant manufactured goods (split HVAC systems) are not produced in the U.S. in sufficient and reasonably available quantities or of satisfactory quality. 2. Chattanooga Housing Authority. Upon request of the Chattanooga Housing Authority, HUD granted an exception to applicability of the Buy American requirements with respect to work, using CFRFC grant funds, in connection with its Fairmount Avenue Townhomes project. The exception was granted by HUD on the basis that the relevant manufactured goods (linoleum flooring) are not produced in the U.S. in sufficient and reasonably available quantities or of satisfactory quality. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 71593 Dated: November 8, 2011. Sandra B. Henriquez, Assistant Secretary for Public and Indian Housing. [FR Doc. 2011–29908 Filed 11–17–11; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5477–N–46] Federal Property Suitable as Facilities To Assist the Homeless Office of the Assistant Secretary for Community Planning and Development, HUD. ACTION: Notice. AGENCY: This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless. FOR FURTHER INFORMATION CONTACT: Juanita Perry, Department of Housing and Urban Development, 451 Seventh Street SW., Room 7262, Washington, DC 20410; telephone (202) 708–1234; TTY number for the hearing- and speechimpaired (202) 708–2565, (these telephone numbers are not toll-free), or call the toll-free Title V information line at (800) 927–7588. SUPPLEMENTARY INFORMATION: In accordance with the December 12, 1988 court order in National Coalition for the Homeless v. Veterans Administration, No. 88–2503–OG (D.D.C.), HUD publishes a Notice, on a weekly basis, identifying unutilized, underutilized, excess and surplus Federal buildings and real property that HUD has reviewed for suitability for use to assist the homeless. Today’s Notice is for the purpose of announcing that no additional properties have been determined suitable or unsuitable this week. SUMMARY: Dated: November 10, 2011. Mark R. Johnston, Deputy Assistant Secretary for Special Needs. [FR Doc. 2011–29631 Filed 11–17–11; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5587–N–01] Notice of HUD-Held Multifamily and Healthcare Loan Sale (MHLS 2012–1) Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. ACTION: Notice of sale of mortgage loans. AGENCY: E:\FR\FM\18NON1.SGM 18NON1 71594 Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 / Notices 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 2012–1). 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) will be made available to qualified bidders on November 16, 2011. Bids for the loans must be submitted on the bid date, which is currently scheduled for December 14, 2011. HUD anticipates that awards will be made on or before December 15, 2011. Closings are expected to take place between December 21, 2011 and January 6, 2012. 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 http:// www.hud.gov/fhaloansales. 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: MLS 2012–1 Sale Coordinator, Fax: 1–(617) 531–3499. FOR FURTHER INFORMATION CONTACT: John Lucey, Deputy Director, Asset Sales Office, U.S. Department of Housing and Urban Development, 451 Seventh Street, SW., Room 3136, 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. SUPPLEMENTARY INFORMATION: HUD announces its intention to sell in MHLS 2012–1 certain unsubsidized mortgage loans (Mortgage Loans) secured by multifamily and healthcare properties located throughout the United States. The Mortgage Loans are comprised 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 may be stratified for bidding purposes into several mortgage loan pools. Each pool may 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 mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:44 Nov 17, 2011 Jkt 226001 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 2012–1. The Bidding Process The BIP will describe in detail the procedure for bidding in MHLS 2012–1. The BIP will also include a standardized non-negotiable 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, 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 December 21, 2011 and January 6, 2012. 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 2012–1. 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 2012–1 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 00085 Fmt 4703 Sfmt 4703 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 2012–1: 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 2012–1; 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 2012–1; 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 2012–1; 7. Any affiliate, principal or employee of any person or entity that, within the two-year period prior to December 1, 2011, serviced any of the Mortgage Loans or performed other services for or on behalf of HUD; E:\FR\FM\18NON1.SGM 18NON1 Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 / Notices 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 December 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 December 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 November 30, 2011, audited financial statements for fiscal years 2007 through 2010 (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 November 30, 2011; Prospective bidders should carefully review the Qualification Statement to determine whether they are eligible to submit bids on the Mortgage Loans in MHLS 2012–1. mstockstill on DSK4VPTVN1PROD with NOTICES Freedom of Information Act Requests HUD reserves the right, in its sole and absolute discretion, to disclose information regarding MHLS 2012–1, 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 2012–1, 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. VerDate Mar<15>2010 17:44 Nov 17, 2011 Jkt 226001 Scope of Notice This notice applies to MHLS 2012–1 and does not establish HUD’s policy for the sale of other mortgage loans. Dated: November 14, 2011. Carol J. Galante, Acting Assistant Secretary for Housing— Federal Housing Commissioner. [FR Doc. 2011–29920 Filed 11–17–11; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF THE INTERIOR Bureau of Ocean Energy Management Outer Continental Shelf (OCS), Eastern Gulf of Mexico, Oil and Gas Lease Sales for Years 2012–2017 Bureau of Ocean Energy Management (BOEM), Interior. ACTION: Call for Information and Nominations/Notice of Intent (Call/NOI) to Prepare an Environmental Impact Statement (EIS). AGENCY: This Call for Information and Nominations (hereinafter referred to as ‘‘Call’’) is the initial step in a multi-sale process covering all lease sales in the Eastern Planning Area (EPA) in the Gulf of Mexico (GOM) to be included in the OCS Oil and Gas Leasing Program for 2012–2017. Two EPA lease sales are specifically covered by this Call. Simultaneously with this Call, BOEM is preparing a multi-sale EIS covering the same sales in the EPA. Comments received in response to the NOI will assist BOEM in developing the scope of the EIS. DATES: Information and Nominations submitted in response to the Call must be received no later than December 19, 2011. Comments on the NOI must be received no later than January 3, 2012 at the addresses specified below. FOR FURTHER INFORMATION CONTACT: For information on the Call, please contact Mr. Carrol Williams, Bureau of Ocean Energy Management, Gulf of Mexico OCS Region, 1201 Elmwood Park Boulevard (MS 5422), New Orleans, Louisiana 70123–2394, telephone (504) 736–2803. For information on the NOI, you may contact Mr. Gary Goeke, Bureau of Ocean Energy Management, Gulf of Mexico OCS Region, 1201 Elmwood Park Boulevard (MS 5412), New Orleans, Louisiana 70123–2394, telephone (504) 736–3233. SUPPLEMENTARY INFORMATION: On November 8, 2011, the Department of the Interior released a Proposed OCS Oil and Gas Leasing Program for 2012–2017. The OCS Oil and Gas Leasing Program 2012–2017 Draft PEIS, prepared by SUMMARY: PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 71595 BOEM to support the Proposed Program, is available for comment through January 9, 2012. This multi-sale Call covers only the lease sales in the EPA that are proposed for inclusion in the OCS Oil and Gas Leasing Program for 2012–2017. Gulf of Mexico OCS Oil and Gas Lease Sale 224 was held on March 19, 2008. The EIS which will be prepared subsequent to this Call/NOI will analyze a larger area in the EPA than was addressed in the Gulf of Mexico OCS Oil and Gas Lease Sale 224, Final Supplemental EIS (OCS EIS/EA BOEMRE 2007–060); this EIS will address the lease Sale 224 area plus the 109,977-acre triangular area located immediately south of the Lease Sale 224 area. Call for Information and Nominations 1. Authority This Call is published pursuant to the Outer Continental Shelf Lands Act (OCSLA) as amended (43 U.S.C. 1331 et seq.), and the implementing regulations (30 CFR part 556). 2. Purpose of Call The purpose of the Call is to gather information for the following tentatively scheduled OCS lease sales: OCS planning area sale EPA Sale 225 ........................... EPA Sale 226 ........................... Tentative lease sale year 2014 2016 BOEM seeks information and nominations on oil and gas leasing, exploration, development, and production within this portion of the EPA from all interested parties. This early planning and consultation step ensures that all interests and concerns are communicated to the Department of the Interior for its future decisions in the leasing process pursuant to section 18 of OCSLA (43 U.S.C. 1344) and implementing regulations (30 CFR part 556). Pursuant to section 18 of OCSLA (43 U.S.C. 1344), the Secretary of the Interior is separately developing the 5-year Program for 2012–2017; this Call should not be construed as a prejudgment by the Secretary concerning any area to be made available for leasing under the 2012– 2017 5-year Program. This Call does not indicate a preliminary decision to lease in the area described below. Leasing within this area will be in compliance with applicable laws including all requirements of the National E:\FR\FM\18NON1.SGM 18NON1

Agencies

[Federal Register Volume 76, Number 223 (Friday, November 18, 2011)]
[Notices]
[Pages 71593-71595]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29920]


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

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5587-N-01]


Notice of HUD-Held Multifamily and Healthcare Loan Sale (MHLS 
2012-1)

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

ACTION: Notice of sale of mortgage loans.

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

[[Page 71594]]

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 2012-1). 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) will be made available to 
qualified bidders on November 16, 2011. Bids for the loans must be 
submitted on the bid date, which is currently scheduled for December 
14, 2011. HUD anticipates that awards will be made on or before 
December 15, 2011. Closings are expected to take place between December 
21, 2011 and January 6, 2012.

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 http://www.hud.gov/fhaloansales. 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: MLS 2012-1 Sale Coordinator, Fax: 
1-(617) 531-3499.

FOR FURTHER INFORMATION CONTACT: John Lucey, Deputy Director, Asset 
Sales Office, U.S. Department of Housing and Urban Development, 451 
Seventh Street, SW., Room 3136, 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 MHLS 
2012-1 certain unsubsidized mortgage loans (Mortgage Loans) secured by 
multifamily and healthcare properties located throughout the United 
States. The Mortgage Loans are comprised 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 may be stratified for bidding purposes into 
several mortgage loan pools. Each pool may 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 2012-1.

The Bidding Process

    The BIP will describe in detail the procedure for bidding in MHLS 
2012-1. The BIP will also include a standardized non-negotiable 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, 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 December 21, 2011 and January 6, 2012.
    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 2012-1. 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 2012-1 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 2012-1:
    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 2012-1;
    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 2012-1;
    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 2012-1;
    7. Any affiliate, principal or employee of any person or entity 
that, within the two-year period prior to December 1, 2011, serviced 
any of the Mortgage Loans or performed other services for or on behalf 
of HUD;

[[Page 71595]]

    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 December 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 December 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 November 30, 2011, audited financial statements for fiscal years 
2007 through 2010 (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 November 30, 2011;
    Prospective bidders should carefully review the Qualification 
Statement to determine whether they are eligible to submit bids on the 
Mortgage Loans in MHLS 2012-1.

Freedom of Information Act Requests

    HUD reserves the right, in its sole and absolute discretion, to 
disclose information regarding MHLS 2012-1, 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 2012-1, 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 MHLS 2012-1 and does not establish HUD's 
policy for the sale of other mortgage loans.

    Dated: November 14, 2011.
Carol J. Galante,
Acting Assistant Secretary for Housing--Federal Housing Commissioner.
[FR Doc. 2011-29920 Filed 11-17-11; 8:45 am]
BILLING CODE 4210-67-P