Notice of HUD-Held Multifamily and Healthcare Loan Sale, 70179-70181 [2012-28502]

Download as PDF Federal Register / Vol. 77, No. 226 / Friday, November 23, 2012 / Notices Total estimated burden hours: 24,437. Status: Extension without change a currently approved collection. Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended. Dated: November 16, 2012. Colette Pollard, Department Reports Management Officer, Office of the Chief Information Officer. [FR Doc. 2012–28366 Filed 11–21–12; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5603–N–87] Requirements for Lead-Based Paint Hazards in Federally Owned Residential Properties and Housing Receiving Federal Assistance Office of the Chief Information Officer, HUD. ACTION: Notice. AGENCY: The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. SUMMARY: Requirements for notification of leadbased paint hazard in federallyowned residential properties and housing receiving Federal assistance, as codified in 24 CFR part 35. DATES: Comments Due Date: December 24, 2012. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB approval Number (2539–0009) and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202–395–5806. Email: OIRA_Submission@omb.eop.gov fax: 202–395–5806. FOR FURTHER INFORMATION CONTACT: Colette Pollard, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street SW., Washington, DC 20410; email Colette Pollard at Colette.Pollard@hud.gov. or telephone (202) 402–3400. This is not a toll-free number. Copies of available documents submitted to OMB may be obtained from Ms. Pollard. SUPPLEMENTARY INFORMATION: This notice informs the public that the Department of Housing and Urban Development has submitted to OMB a request for approval of the Information collection described below. This notice 70179 is soliciting comments from members of the public and affecting agencies concerning the proposed collection of information to: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This notice also lists the following information: Title of Proposed: Requirements for Lead-Based Paint Hazards in Federally Owned Residential Properties and Housing Receiving Federal Assistance. OMB Approval Number: 2539–0009. Form Numbers: None. Description of the need for the information and proposed use: Requirements for notification of leadbased paint hazard in federallyowned residential properties and housing receiving Federal assistance, as codified in 24 CFR 35. Number of respondents Reporting Burden ..................................................................................... Total estimated burden hours: 167,744. Status: Revision of a currently approved collection. ACTION: Dated: November 16, 2012. Colette Pollard, Department Reports Management Officer, Office of the Chief Information Officer. [FR Doc. 2012–28376 Filed 11–21–12; 8:45 am] BILLING CODE 4210–67–P mstockstill on DSK4VPTVN1PROD with NOTICES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5601–N–46] Federal Property Suitable as Facilities To Assist the Homeless Office of the Assistant Secretary for Community Planning and Development, HUD. VerDate Mar<15>2010 17:03 Nov 21, 2012 Jkt 229001 × Hours per response Burden hours 63,637 23.164 × 0.1137 167,744 Notice. 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) 402–3970; 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 SUMMARY: Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended. AGENCY: Annual responses PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 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. Dated: November 15, 2012. Ann Marie Oliva, Deputy Assistant Secretary for Special Needs (Acting) . [FR Doc. 2012–28194 Filed 11–21–12; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5674–N–01] Notice of HUD-Held Multifamily and Healthcare Loan Sale Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. AGENCY: E:\FR\FM\23NON1.SGM 23NON1 70180 ACTION: Federal Register / Vol. 77, No. 226 / Friday, November 23, 2012 / Notices Notice of sale of mortgage loans. 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 2013–1). 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 or about November 14, 2012. Bids for the loans must be submitted on the bid date of December 12, 2012. HUD anticipates that awards will be made on or before December 13, 2012. Closings are expected to take place between December 18 and December 21, 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 www.hud.gov/ fhaloansales. Please mail and fax executed documents to KEMA Advisors: KEMA Advisors, c/o The Debt Exchange, 133 Federal Street, 10th Floor, Boston, MA 02111, Attention: MLS 2013–1 Sale Coordinator, Fax: 1– 978–967–8607. FOR FURTHER INFORMATION CONTACT: John Lucey, Deputy Director, Asset Sales Office, Room 3136, U.S. Department of Housing and Urban Development, 451 7th 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. SUPPLEMENTARY INFORMATION: HUD announces its intention to sell in MHLS 2013–1 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 mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:03 Nov 21, 2012 Jkt 229001 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 2013–1. The Bidding Process The BIP will describe in detail the procedure for bidding in MHLS 2013–1. 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 that 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 expected to take place between December 18 and December 21, 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 2013–1. 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 2013–1 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 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 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 2013–1: 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 24; 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 2013–1; 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 2013–1; 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 2013–1; 7. Any affiliate, principal or employee of any person or entity that, within the two-year period prior to November 1, 2012, serviced any of the Mortgage E:\FR\FM\23NON1.SGM 23NON1 Federal Register / Vol. 77, No. 226 / Friday, November 23, 2012 / Notices 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 November 1, 2012, 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 serviced any of the Mortgage Loans or performed other services for or on behalf of HUD or within the two-year period prior to November 1, 2012, 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 October 31, 2012, audited financial statements for fiscal years 2008 through 2011 (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 was cured on or before October 31, 2012; Prospective bidders should carefully review the Qualification Statement to determine whether they are eligible to submit bids on the Mortgage Loans in MHLS 2013–1. 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 2013–1, 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 2013–1, 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. VerDate Mar<15>2010 17:03 Nov 21, 2012 Jkt 229001 Scope of Notice This notice applies to MHLS 2013–1 and does not establish HUD’s policy for the sale of other mortgage loans. Dated: November 16, 2012. Laura M. Marin, Acting General Deputy Assistant Secretary for Housing-Federal Housing Commissioner. [FR Doc. 2012–28502 Filed 11–21–12; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5597–N–02] Request for Information on Adopting Smoke-Free Policies in Public Housing Agencies (PHAs) and Multifamily Housing: Reopening of Public Comment Period AGENCY: Office of the General Counsel, HUD. Request for Information, Reopening of public comments period. ACTION: On October 4, 2012, HUD published a request for information in the Federal Register inviting public comment on how HUD can best continue to support the implementation of smoke-free policies for both public housing and multifamily housing. HUD was seeking information from the general public and stakeholders, including resident councils, advocacy groups, and housing providers directly impacted by or involved with the implementation of smoke-free policies and methods for supporting residents and housing providers in transitioning to smoke-free housing. The comment period for HUD’s request for information closed November 5, 2012. In response to recent requests for additional time to submit public comments, HUD is announcing through this notice that it is reopening the public comment period for an additional 60-day period. DATES: Comment Due Date: Comments on the October 4, 2012, request for information are requested on or before January 22, 2013. ADDRESSES: Interested persons are invited to submit comments responsive to this request for information to the Office of General Counsel, Regulations Division, Department of Housing and Urban Development, 451 7th Street, SW., Room 10276, Washington, DC 20410–0001. Communications must refer to the above docket number and title and should contain the information specified in the ‘‘Request for Comments’’ of this notice. SUMMARY: PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 70181 Electronic Submission of Comments. Interested persons may submit comments electronically through the Federal eRulemaking Portal at http:// www.regulations.gov. HUD strongly encourages commenters to submit comments electronically. Electronic submission of comments allows the commenter maximum time to prepare and submit a comment, ensures timely receipt by HUD, and enables HUD to make them immediately available to the public. Comments submitted electronically through the http:// www.regulations.gov Web site can be viewed by interested members of the public. Commenters should follow instructions provided on that site to submit comments electronically. Submission of Hard Copy Comments. Comments may be submitted by mail or hand delivery. To ensure that the information is fully considered by all of the reviewers, each commenter submitting hard copy comments, by mail or hand delivery, should submit comments or requests to the address above, addressed to the attention of the Regulations Division. Due to security measures at all federal agencies, submission of comments or requests by mail often result in delayed delivery. To ensure timely receipt of comments, HUD recommends that any comments submitted by mail be submitted at least 2 weeks in advance of the public comment deadline. All hard copy comments received by mail or hand delivery are a part of the public record and will be posted to http:// www.regulations.gov without change. No Facsimile Comments. Facsimile (FAX) comments are not acceptable. Public Inspection of Comments. All comments submitted to HUD regarding this notice will be available, without charge, for public inspection and copying between 8 a.m. and 5 p.m. weekdays at the above address. Due to security measures at the HUD Headquarters building, an advance appointment to review the documents must be scheduled by calling the Regulations Division at 202–708–3055 (this is not a toll-free number). Copies of all comments submitted will also be available for inspection and downloading at http:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Shauna Sorrells, Director, Public Housing Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 4232, Washington, DC, 20410–4000, telephone number 202– 402–2769 (this is not a toll-free number) or Catherine Brennan, Director, Office of E:\FR\FM\23NON1.SGM 23NON1

Agencies

[Federal Register Volume 77, Number 226 (Friday, November 23, 2012)]
[Notices]
[Pages 70179-70181]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28502]


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

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5674-N-01]


Notice of HUD-Held Multifamily and Healthcare Loan Sale

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

[[Page 70180]]


ACTION: Notice of sale of mortgage loans.

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

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 2013-1). 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 or about November 14, 2012. Bids for the loans 
must be submitted on the bid date of December 12, 2012. HUD anticipates 
that awards will be made on or before December 13, 2012. Closings are 
expected to take place between December 18 and December 21, 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 
www.hud.gov/fhaloansales. Please mail and fax executed documents to 
KEMA Advisors: KEMA Advisors, c/o The Debt Exchange, 133 Federal 
Street, 10th Floor, Boston, MA 02111, Attention: MLS 2013-1 Sale 
Coordinator, Fax: 1-978-967-8607.

FOR FURTHER INFORMATION CONTACT: John Lucey, Deputy Director, Asset 
Sales Office, Room 3136, U.S. Department of Housing and Urban 
Development, 451 7th 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 MHLS 
2013-1 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 2013-1.

The Bidding Process

    The BIP will describe in detail the procedure for bidding in MHLS 
2013-1. 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 that 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 expected to take place between December 18 and December 
21, 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 2013-1. 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 2013-1 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 2013-1:
    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 24;
    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 2013-1;
    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 2013-1;
    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 2013-1;
    7. Any affiliate, principal or employee of any person or entity 
that, within the two-year period prior to November 1, 2012, serviced 
any of the Mortgage

[[Page 70181]]

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 November 1, 2012, 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 serviced any of the Mortgage Loans or performed other 
services for or on behalf of HUD or within the two-year period prior to 
November 1, 2012, 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 October 31, 2012, audited financial statements for fiscal years 
2008 through 2011 (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 was cured on or before October 31, 2012;
    Prospective bidders should carefully review the Qualification 
Statement to determine whether they are eligible to submit bids on the 
Mortgage Loans in MHLS 2013-1.

Freedom of Information Act Requests

    HUD reserves the right, in its sole and absolute discretion, to 
disclose information regarding MHLS 2013-1, 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 2013-1, 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 2013-1 and does not establish HUD's 
policy for the sale of other mortgage loans.

    Dated: November 16, 2012.
Laura M. Marin,
Acting General Deputy Assistant Secretary for Housing-Federal Housing 
Commissioner.
[FR Doc. 2012-28502 Filed 11-21-12; 8:45 am]
BILLING CODE 4210-67-P