Notice of HUD-Held Multifamily & Healthcare Loan Sale, Second Offering (MHLS 2013-1), 13885-13886 [2013-04816]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 78, Number 41 (Friday, March 1, 2013)]
[Notices]
[Pages 13885-13886]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04816]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5674-N-02]


Notice of HUD-Held Multifamily & Healthcare Loan Sale, Second 
Offering (MHLS 2013-1)

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

ACTION: Notice of sale of mortgage loans.

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SUMMARY: This notice announces HUD's intention to sell certain 
unsubsidized healthcare mortgage loans, without Federal Housing 
Administration (FHA) insurance, in the second offering of a 
competitive, open auction (MHLS 2013-1). Differing from past offerings, 
this sale will be conducted as an English auction. This notice also 
describes generally the bidding process for the sale and certain 
persons who are ineligible to bid.

DATES: A Bidder's Information Package (BIP) was made available to 
qualified bidders on February 20, 2013. Bids for the loans must be 
submitted on the bid date of March 6, 2013. HUD anticipates that awards 
will be made on or before March 7, 2013. Closings are expected to take 
place between March 11 and 29, 2013.

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 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 a 
second offering in MHLS 2013-1, certain unsubsidized mortgage loans 
(Mortgage Loans) secured by two healthcare properties located in Texas. 
The Mortgage Loans are non-performing mortgage loans. The listing of 
the Mortgage Loans is 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.
    Qualified bidders may submit bids on both 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 describes in detail the procedure for bidding the second 
offering for MHLS 2013-1. The BIP also includes a standardized non-
negotiable loan sale agreement (Loan Sale Agreement).
    As part of its bid, each bidder must submit a minumim deposit of 
$25,000 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 March 
11 and March 29, 2013.
    These are the essential terms of sale. The Loan Sale Agreement, 
which is be included in the BIP, contains 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 describes 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 is 
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; New Offering Format

    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. 
Differing from past offerings, this sale will be conducted as an 
English auction. Details of the auction process are provided in the 
BIP.

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 the second 
offering for 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;

[[Page 13886]]

    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 March 1, 2013, 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 March 1, 2013, 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 
March 1, 2013, 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 
2009 through 2012 (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 and fails to cure such default or violation by no later than 
February 28, 2013.
    The Qualification Statement provides further details pertaining to 
eligibility requirements. Prospective bidders should carefully review 
the Qualification Statement to determine whether they are eligible to 
submit bids on the Mortgage Loans in the second offering for 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 thereunder.

Scope of Notice

    This notice applies to the second offering for MHLS 2013-1 and does 
not establish HUD's policy for the sale of other mortgage loans.

    Dated: February 26, 2013.
Laura M. Marin,
Acting General Deputy, Assistant Secretary for Housing.
[FR Doc. 2013-04816 Filed 2-28-13; 8:45 am]
BILLING CODE 4210-67-P