Notice of HUD-Held Multifamily and Healthcare Loan Sale (MHLS 2023-1), 61623-61625 [2022-22127]
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Federal Register / Vol. 87, No. 196 / Wednesday, October 12, 2022 / Notices
suspects or has confirmed that there has
been a breach of the system of records;
(II) HUD has determined that as a result
of the suspected or confirmed breach
there is a risk of harm to individuals,
HUD (including its information systems,
programs, and operations), the Federal
Government, or national security; and
(III) The disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with HUD’s efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm.
5. (b) To another Federal agency or
Federal entity, when HUD determines
that information from this system of
records is reasonably necessary to assist
the recipient agency or entity in (I)
responding to a suspected or confirmed
breach or (II) preventing, minimizing, or
remedying the risk of harm to
individuals, the recipient agency or
entity (including its information
systems, programs and operations), the
Federal Government, or national
security, resulting from a suspected or
confirmed breach.
6. Accept as noted on Forms SF–85,
85P, and 86, when a record on its face,
or in junction with other records, made
to the appropriate public authority,
whether Federal, foreign, State, local, or
tribal, or otherwise, enforcing or
implementing the statute, or rule,
regulation, or order issued pursuant
thereto, if the information disclosed is
relevant to any enforcement, regulatory,
investigative or prosecutorial
responsibility of the receiving entity.
7. To contractors, grantees, experts,
consultants and their agents, or others
performing or working under a contract,
service, grant, or cooperative agreement
with HUD or under contract to another
agency when necessary to accomplish
an agency function related to a system
of records. Disclosure requirements are
limited to only those data elements
considered relevant to accomplishing an
agency function.
8. To a Federal, State, or local agency,
or other appropriate entities or
individuals, or through established
liaison channels to selected foreign
governments, in order to enable an
intelligence agency to carry out its
responsibilities under the National
Security Act of 1947 as amended, the
CIA Act of 1949 as amended, Executive
Order 12333 or any successor order,
applicable national security directives,
or classified implementing procedures
with 54836 Federal Register/Vol. 71,
No. 181/Tuesday, September 19, 2006/
Notices approved by the Attorney
General and promulgated pursuant to
such statutes, orders or directives.
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9. To the Office of Personnel
Management (OPM), the Merit Systems
Protection Board (and its office of the
Special Counsel), the Federal Labor
Relations Authority (and its General
Counsel), or the Equal Employment
Opportunity Commission when
requested in performance of their
authorized duties of exclusive
representation concerning personnel
policies, practices, and matters affecting
work conditions.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Paper and electronic records.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by name and
social security number.
POLICIES AND PRACTICIES FOR RETENTION AND
DISPOSAL OF RECORDS:
Destroy 3 years after employee
separation from the agency or all
appeals are concluded whichever is
later, but longer retention is authorized
if required for business use.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
For Paper Records: Comprehensive
paper records are kept in locked metal
file cabinets in locked rooms in HUD
Headquarters, in the Personnel Security
Division which is the office responsible
for suitability determinations. Access to
the records is limited to those
employees who have a need for them in
the performance of their official duties.
For Electronic Records:
Comprehensive electronic records are
kept in the Personnel Security Division.
Access to the records is restricted to
those who have specific roles in the
Personal Security Division and require
access to background investigative data
to perform their duties; and who have
been given a password or two (2) factor
authentication to access applicable files
within the system including background
investigative data. An electronic audit
trail is maintained within the system
and reviewed periodically to identify
and track authorized/unauthorized
access.
For Electronic Records (cloud based):
Comprehensive electronic records are
secured and maintained on a cloudbased software server and operating
system that resides in Federal Risk and
Authorization Management Program
(FedRAMP) and Federal Information
Security Management Act (FISMA)
Moderate dedicated hosting
environment. All data located in the
cloud-based server is firewalled and
encrypted at rest and in transit. The
security mechanisms for handing data at
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61623
rest and in transit are in accordance
with HUD encryption standards.
RECORD ACCESS PROCEDURES:
Individuals seeking notification of
and access to their records in this
system of records may submit a request
in writing to the Department of Housing
and Urban Development, Attn: FOIA
Program Office, 451 7th Street SW, Suite
10139, Washington, DC 20410–0001 or
by emailing foia@hud.gov. Individuals
must furnish the following information
for their records to be located:
1. Full name.
2. Signature.
3. The reason why the individual
believes this system contains
information about him/her.
4. The address to which the
information should be sent.
CONTESTING RECORD PROCEDURES:
Same as the Notification Procedures
below.
NOTIFICATION PROCEDURES:
Any person wanting to know whether
this system of records contains
information about him or her should
contact the System Manager. Such
person should provide his or her full
name, position title and office location
at the time the accommodation was
requested, and a mailing address to
which a response is to be sent.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
Persist system published in the
Federal Register dated May 11, 2018 (83
FR 22094).
LaDonne White,
Chief Privacy Officer, Office of
Administration.
[FR Doc. 2022–22104 Filed 10–11–22; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6357–N–01]
Notice of HUD-Held Multifamily and
Healthcare Loan Sale (MHLS 2023–1)
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, HUD.
ACTION: Notice of sale of one
multifamily and 15 healthcare mortgage
loans.
AGENCY:
This notice announces HUD’s
intention to sell one unsubsidized
multifamily and fifteen unsubsidized
healthcare mortgage loans, without
SUMMARY:
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61624
Federal Register / Vol. 87, No. 196 / Wednesday, October 12, 2022 / Notices
Federal Housing Administration (FHA)
insurance, in a competitive, sealed bid
sale on or about November 16, 2022
(MHLS 2023–1 or Loan Sale). 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) will be made available on or about
October 19, 2022. Bids for the loans
must be submitted on the bid date,
which is currently scheduled for
November 16, 2022, between certain
specified hours. HUD anticipates that an
award or awards will be made on or
before November 21, 2022. Closing is
expected to take place on a specified
date between November 29 and
December 7, 2022.
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 Mission Capital Advisors bidding
system website:
market.missioncap.com. This website
contains information and links for sale
registration and electronically
completing and submitting the
documents.
Questions about bidder qualification
process may be sent to: Transaction
Specialist at 1–844–709–0763 or email
HUDSales@FalconAssetSales.com.
FOR FURTHER INFORMATION CONTACT: John
Lucey, Director, Asset Sales, U.S.
Department of Housing and Urban
Development at john.w.lucey@hud.gov.
SUPPLEMENTARY INFORMATION: HUD
announces its intention to sell, in MHLS
2023–1, sixteen (16) unsubsidized
mortgage loans (Mortgage Loans),
consisting of fourteen (14) first lien and
one (1) 2nd lien healthcare notes
secured by skilled nursing and assisted
living facilities located in various
locations within Illinois, Indiana, New
York, Ohio, Pennsylvania, Tennessee,
Texas, Vermont, and Wisconsin, and
one (1) first lien multifamily note
secured by a multifamily property
located in Alaska. 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 HUD servicing
released. HUD will offer qualified
bidders an opportunity to bid
competitively on the Mortgage Loans.
The Mortgage Loans will be stratified
for bidding purposes into mortgage loan
pools as appropriate. Each pool will
contain Mortgage Loans that generally
have similar performance, property
type, geographic location, lien position
VerDate Sep<11>2014
18:37 Oct 11, 2022
Jkt 259001
and other characteristics. Loans may be
offered in pools of more than one loan
and, or in single loan pools. Qualified
bidders may bid on one or more pools.
Bidder eligibility criteria is set forth
in the Qualification Statement. As
detailed in the Qualification Statement,
certain entities/individuals may be
precluded from bidding depending on
their prior involvement with the loan(s).
after the award date except as is
specifically provided for 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)).
The Bidding Process
The BIP describes in detail the
procedure for bidding in MHLS 2023–1.
The BIP also includes a standardized
non-negotiable loan sale agreement
(Loan Sale Agreement).
As part of its bid, each bidder must
submit a minimum deposit of the
greater of One Hundred Thousand
Dollars ($100,000) or ten percent (10%)
of the aggregate bid prices for all of such
bidder’s bids. In the event the bidder’s
aggregate bid is less than One Hundred
Thousand Dollars ($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 bid(s) 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, with any amount beyond the
purchase price being returned to the
bidder. Deposits will be returned to
unsuccessful bidders after notification
to successful bidders. Closings are
expected to take place on a specified
date between November 29 and
December 7, 2022.
The Loan Sale Agreement, which is
included in the BIP, contains additional
terms and details. To ensure a
competitive auction, the terms of the
bidding process and the Loan Sale
Agreement are not subject to
negotiation.
Mortgage Loan Sale Procedure
Due Diligence Review
The BIP describes the due diligence
process for reviewing loan files in
MHLS 2023–1. 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 2023–1 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 the
Mortgage Loans in a later sale. The
Mortgage Loans will not be withdrawn
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HUD selected a competitive auction
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 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 among those INELIGIBLE to
bid on the Mortgage Loans being sold in
MHLS 2023–1:
1. A mortgagor or healthcare operator,
including its principals, affiliates,
family members, and assigns, with
respect to one or more of the Mortgage
Loans being offered in the Loan Sale, or
an Active Shareholder (as such term is
defined in the Qualification Statement);
2. With respect to any other HUD
multifamily and/or healthcare mortgage
loan not offered in the Loan Sale, any
mortgagor or healthcare operator,
including any Related Party (as such
term is defined in the Qualification
Statement) of either, that has failed to
file financial statements or is otherwise
in default under such mortgage loan or
is in violation or noncompliance of any
regulatory or business agreements with
HUD and that fails to cure such default
or violation by no later than November
1, 2022;
3. Any individual or entity that is
debarred, suspended, or excluded from
doing business with HUD pursuant to
Title 2 of the Code of Federal
Regulations, Part 2424;
4. 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 2023–1;
5. Any employee of HUD, a member
of such employee’s family, or an entity
owned or controlled by any such
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employee or member of such an
employee’s family;
6. Any individual or entity that uses
the services, directly or indirectly, of
any person or entity ineligible under
provisions (3) through (5) above to assist
in preparing its bid on any Mortgage
Loan;
7. An FHA-approved mortgagee,
including any principals, affiliates, or
assigns thereof, that has received FHA
insurance benefits for one or more of the
Mortgage Loans being offered in the
Loan Sale;
8. An FHA-approved mortgagee and/
or loan servicer, including any
principals, affiliates, or assigns thereof,
that originated one or more of the
Mortgage Loans being offered in the
Loan Sale if the Mortgage Loan
defaulted within two years of
origination and resulted in the payment
of an FHA insurance claim;
9. Any affiliate, principal or employee
of any person or entity that, within the
two-year period prior to November 1,
2022, serviced any Mortgage Loan or
performed other services for or on
behalf of HUD in regard to any Mortgage
Loan;
10. Any contractor or subcontractor
working for or on behalf of HUD that
had access to information concerning
any Mortgage Loan or provided services
to any person or entity which, within
the two-year period prior to November
1, 2022, had access to information with
respect to any Mortgage Loan; and/or
11. Any employee, officer, director or
any other person that provides or will
provide services to the prospective
bidder with respect to the Mortgage
Loans during any warranty period
established for the Loan Sale, that
serviced the Mortgage Loans or
performed other services for or on
behalf of HUD or within the two-year
period prior to November 1, 2022,
provided services to any person or
entity which serviced, performed
services or otherwise had access to
information with respect to any
Mortgage Loan for or on behalf of HUD.
Other entities/individuals not
described herein may also be restricted
from bidding on the Mortgage Loans, as
fully detailed in the Qualification
Statement.
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 MHLS
2023–1.
VerDate Sep<11>2014
18:37 Oct 11, 2022
Jkt 259001
Freedom of Information Act Requests
HUD reserves the right, in its sole and
absolute discretion, to disclose
information regarding MHLS 2023–1,
including, but not limited to, the
identity of any successful bidder and its
bid price or bid percentage for the
Mortgage Loans, upon the closing of the
sale of the Mortgage Loans. Even if HUD
elects not to publicly disclose any
information relating to MHLS 2023–1,
HUD may be required to disclose
information relating to MHLS 2023–1
pursuant to the Freedom of Information
Act and all regulations promulgated
thereunder.
Scope of Notice
This notice applies to MHLS 2023–1
and does not establish HUD’s policy for
the sale of other mortgage loans.
Jeffrey Little,
General Deputy Assistant Secretary, Office
of Housing.
[FR Doc. 2022–22127 Filed 10–11–22; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R1–ES–2022–N047;
FXES11140100000–223–FF01E00000]
Draft Safe Harbor Agreement; Draft
Environmental Assessment for the
Marbled Murrelet in Washington
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
We, the U.S. Fish and
Wildlife Service, have received an
application from Weyerhaeuser Timber
Holdings, Inc., for an enhancement of
survival permit (permit) pursuant to the
Endangered Species Act. If granted, the
permit would authorize incidental take
of the marbled murrelet, associated with
forest management actions on private
lands. The application includes a draft
safe harbor agreement (SHA), which
describes the actions the applicant will
take to achieve a net conservation
benefit for the marbled murrelet within
its range on enrolled lands in
Washington. We announce the
availability of a draft environmental
assessment addressing the SHA and
permit application. We invite comments
from all interested parties.
DATES: To ensure consideration, please
submit written comments by November
14, 2022.
ADDRESSES: You may view or download
copies of the draft SHA and draft EA
SUMMARY:
PO 00000
Frm 00067
Fmt 4703
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61625
and obtain additional information on
the internet at https://www.fws.gov/
office/washington-fish-and-wildlife. To
request further information or submit
written comments, please use one of the
following methods, and note that your
information request or comments are in
reference to ‘‘Weyerhaeuser SHA in
Washington.’’
• Email: wfwocomments@fws.gov.
• U.S. Mail: Public Comments
Processing, Attn: FWS–R1–ES–2022–
N047; U.S. Fish and Wildlife Service;
Washington Fish and Wildlife Office,
510 Desmond Drive SE, Suite 102;
Lacey, WA 98503.
FOR FURTHER INFORMATION CONTACT:
Vince Harke, U.S. Fish and Wildlife
Service, Washington Fish and Wildlife
Office (see ADDRESSES); telephone: 360–
753–9440; email: vince_harke@fws.gov.
Individuals in the United States who are
deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION: The U.S.
Fish and Wildlife Service (FWS)
received an application from
Weyerhaeuser Timber Holdings, Inc.
(applicant), for an enhancement of
survival permit (permit) pursuant to
section 10(a)(1)(A) of the Endangered
Species Act of 1973, as amended (ESA;
16 U.S.C. 1531 et seq.). The application
requests a 34-year permit that would
authorize take of the threatened marbled
murrelet (Brachyramphus marmoratus),
incidental to otherwise lawful timber
harvest related activities within the
range of the species on the enrolled
lands. The application includes a safe
harbor agreement (SHA), which
describes the actions the applicant will
take to achieve a net conservation
benefit for the covered species. FWS
also announces the availability of a draft
environmental assessment (EA)
addressing the effects of the permit
application and SHA on the human
environment, in accordance with the
National Environmental Policy Act
(NEPA; 42 U.S.C. 4321 et seq.). We
invite comments from all interested
parties on the permit application,
including the SHA and draft EA.
Background
Section 9 of the ESA prohibits ‘‘take’’
of fish and wildlife species listed as
endangered or threatened. Under the
ESA, the term ‘‘take’’ means to harass,
harm, pursue, hunt, shoot, wound, kill,
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]]>Agencies
[Federal Register Volume 87, Number 196 (Wednesday, October 12, 2022)]
[Notices]
[Pages 61623-61625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22127]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6357-N-01]
Notice of HUD-Held Multifamily and Healthcare Loan Sale (MHLS
2023-1)
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
ACTION: Notice of sale of one multifamily and 15 healthcare mortgage
loans.
-----------------------------------------------------------------------
SUMMARY: This notice announces HUD's intention to sell one unsubsidized
multifamily and fifteen unsubsidized healthcare mortgage loans, without
[[Page 61624]]
Federal Housing Administration (FHA) insurance, in a competitive,
sealed bid sale on or about November 16, 2022 (MHLS 2023-1 or Loan
Sale). 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) will be made available on
or about October 19, 2022. Bids for the loans must be submitted on the
bid date, which is currently scheduled for November 16, 2022, between
certain specified hours. HUD anticipates that an award or awards will
be made on or before November 21, 2022. Closing is expected to take
place on a specified date between November 29 and December 7, 2022.
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 Mission Capital Advisors
bidding system website: market.missioncap.com. This website contains
information and links for sale registration and electronically
completing and submitting the documents.
Questions about bidder qualification process may be sent to:
Transaction Specialist at 1-844-709-0763 or email
[email protected].
FOR FURTHER INFORMATION CONTACT: John Lucey, Director, Asset Sales,
U.S. Department of Housing and Urban Development at
[email protected].
SUPPLEMENTARY INFORMATION: HUD announces its intention to sell, in MHLS
2023-1, sixteen (16) unsubsidized mortgage loans (Mortgage Loans),
consisting of fourteen (14) first lien and one (1) 2nd lien healthcare
notes secured by skilled nursing and assisted living facilities located
in various locations within Illinois, Indiana, New York, Ohio,
Pennsylvania, Tennessee, Texas, Vermont, and Wisconsin, and one (1)
first lien multifamily note secured by a multifamily property located
in Alaska. 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 HUD servicing
released. HUD will offer qualified bidders an opportunity to bid
competitively on the Mortgage Loans.
The Mortgage Loans will be stratified for bidding purposes into
mortgage loan pools as appropriate. Each pool will contain Mortgage
Loans that generally have similar performance, property type,
geographic location, lien position and other characteristics. Loans may
be offered in pools of more than one loan and, or in single loan pools.
Qualified bidders may bid on one or more pools.
Bidder eligibility criteria is set forth in the Qualification
Statement. As detailed in the Qualification Statement, certain
entities/individuals may be precluded from bidding depending on their
prior involvement with the loan(s).
The Bidding Process
The BIP describes in detail the procedure for bidding in MHLS 2023-
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 minimum deposit of
the greater of One Hundred Thousand Dollars ($100,000) or ten percent
(10%) of the aggregate bid prices for all of such bidder's bids. In the
event the bidder's aggregate bid is less than One Hundred Thousand
Dollars ($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 bid(s) 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, with any
amount beyond the purchase price being returned to the bidder. Deposits
will be returned to unsuccessful bidders after notification to
successful bidders. Closings are expected to take place on a specified
date between November 29 and December 7, 2022.
The Loan Sale Agreement, which is included in the BIP, contains
additional terms and details. To ensure a competitive auction, 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 2023-1. 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 2023-1 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 the Mortgage Loans in a
later sale. The Mortgage Loans will not be withdrawn after the award
date except as is specifically provided for 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 auction 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 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 among those INELIGIBLE to bid on the Mortgage Loans
being sold in MHLS 2023-1:
1. A mortgagor or healthcare operator, including its principals,
affiliates, family members, and assigns, with respect to one or more of
the Mortgage Loans being offered in the Loan Sale, or an Active
Shareholder (as such term is defined in the Qualification Statement);
2. With respect to any other HUD multifamily and/or healthcare
mortgage loan not offered in the Loan Sale, any mortgagor or healthcare
operator, including any Related Party (as such term is defined in the
Qualification Statement) of either, that has failed to file financial
statements or is otherwise in default under such mortgage loan or is in
violation or noncompliance of any regulatory or business agreements
with HUD and that fails to cure such default or violation by no later
than November 1, 2022;
3. Any individual or entity that is debarred, suspended, or
excluded from doing business with HUD pursuant to Title 2 of the Code
of Federal Regulations, Part 2424;
4. 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 2023-1;
5. Any employee of HUD, a member of such employee's family, or an
entity owned or controlled by any such
[[Page 61625]]
employee or member of such an employee's family;
6. Any individual or entity that uses the services, directly or
indirectly, of any person or entity ineligible under provisions (3)
through (5) above to assist in preparing its bid on any Mortgage Loan;
7. An FHA-approved mortgagee, including any principals, affiliates,
or assigns thereof, that has received FHA insurance benefits for one or
more of the Mortgage Loans being offered in the Loan Sale;
8. An FHA-approved mortgagee and/or loan servicer, including any
principals, affiliates, or assigns thereof, that originated one or more
of the Mortgage Loans being offered in the Loan Sale if the Mortgage
Loan defaulted within two years of origination and resulted in the
payment of an FHA insurance claim;
9. Any affiliate, principal or employee of any person or entity
that, within the two-year period prior to November 1, 2022, serviced
any Mortgage Loan or performed other services for or on behalf of HUD
in regard to any Mortgage Loan;
10. Any contractor or subcontractor working for or on behalf of HUD
that had access to information concerning any Mortgage Loan or provided
services to any person or entity which, within the two-year period
prior to November 1, 2022, had access to information with respect to
any Mortgage Loan; and/or
11. Any employee, officer, director or any other person that
provides or will provide services to the prospective bidder with
respect to the Mortgage Loans during any warranty period established
for the Loan Sale, that serviced the Mortgage Loans or performed other
services for or on behalf of HUD or within the two-year period prior to
November 1, 2022, provided services to any person or entity which
serviced, performed services or otherwise had access to information
with respect to any Mortgage Loan for or on behalf of HUD.
Other entities/individuals not described herein may also be
restricted from bidding on the Mortgage Loans, as fully detailed in the
Qualification Statement.
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 MHLS 2023-1.
Freedom of Information Act Requests
HUD reserves the right, in its sole and absolute discretion, to
disclose information regarding MHLS 2023-1, including, but not limited
to, the identity of any successful bidder and its bid price or bid
percentage for the Mortgage Loans, upon the closing of the sale of the
Mortgage Loans. Even if HUD elects not to publicly disclose any
information relating to MHLS 2023-1, HUD may be required to disclose
information relating to MHLS 2023-1 pursuant to the Freedom of
Information Act and all regulations promulgated thereunder.
Scope of Notice
This notice applies to MHLS 2023-1 and does not establish HUD's
policy for the sale of other mortgage loans.
Jeffrey Little,
General Deputy Assistant Secretary, Office of Housing.
[FR Doc. 2022-22127 Filed 10-11-22; 8:45 am]
BILLING CODE 4210-67-P
