Notice of HUD Vacant Loan Sales (HVLS 2024-1), 75302-75304 [2023-24163]
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75302
Federal Register / Vol. 88, No. 211 / Thursday, November 2, 2023 / Notices
approved on 7/31/2020. The initial 60Day Notice and request for comments
was published on 4/10/2023. No
comments were received.
Analysis
Agency: Cybersecurity and
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(DHS).
Title: Telecommunications Service
Priority System.
OMB Number: 1670–0005.
Frequency: Information is required
when an organization decides they want
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Robert J. Costello,
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Infrastructure Security Agency.
[FR Doc. 2023–24215 Filed 11–1–23; 8:45 am]
BILLING CODE 9110–9P–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6396–N–02]
Notice of HUD Vacant Loan Sales
(HVLS 2024–1)
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, U.S. Department of
Housing and Urban Development
(HUD).
ACTION: Notice of sales of reverse
mortgage loans.
AGENCY:
This notice announces HUD’s
intention to competitively offer
approximately 1,610 reverse mortgage
notes secured by vacant properties with
a loan balance of approximately $395
million. The sale will consist of due and
payable Secretary-held reverse mortgage
loans. The mortgage loans consist of
first liens secured by single family,
vacant residential properties, where all
borrowers are deceased, and no
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SUMMARY:
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16:32 Nov 01, 2023
Jkt 262001
borrower is survived by a nonborrowing spouse. The Secretary will
prioritize up to 50 percent of the offered
assets for award to nonprofit
organizations or governmental entity
bidders with a documented housing
mission. This notice also generally
describes the bidding process for the
sale and certain entities who are
ineligible to bid. This is the eleventh
sale offering of its type and will be held
on December 5, 2023.
DATES: For this sale action, the Bidder’s
Information Package (BIP) will be made
available to qualified bidders on or
about October 31, 2023. Bids for the
HVLS 2024–1 sale will be accepted on
the Bid Date of December 5, 2023 prior
to 12:00 ET (Bid Date). HUD anticipates
that award(s) will be made on or about
December 8, 2023 (the Award Date).
ADDRESSES: To become an eligible
bidder and receive the BIP for the
December sale, prospective bidders
must complete, execute, and submit a
Confidentiality Agreement and
Qualification Statement acceptable to
HUD. The documents will be available
in preview form with free login on the
Transaction Specialist (TS), Falcon
Capital Advisors, website: https://
www.falconassetsales.com. This website
contains information and links to
register for the sale and electronically
complete and submit documents.
If you cannot submit electronically,
please submit executed documents via
mail or facsimile to Falcon Capital
Advisors: Falcon Capital Advisors, 427
N Lee Street, Alexandria, VA 22314,
Attention: Glenn Ervin, HUD HVLS
Loan Sale Coordinator. eFax: 1–202–
393–4125.
FOR FURTHER INFORMATION CONTACT: John
Lucey, Director, Office of Asset Sales,
Room 3136, Department of Housing and
Urban Development, 451 Seventh Street
SW, Washington, DC 20410–8000;
telephone 202–708–2625, extension
3927 (this is not a toll-free number).
HUD welcomes and is prepared to
receive calls from individuals who are
deaf or hard of hearing, as well as
individuals with speech or
communication disabilities. To learn
more about how to make an accessible
telephone call, please visit https://
www.fcc.gov/consumers/guides/
telecommunications-relay-service-trs.
SUPPLEMENTARY INFORMATION: This
notice announces HUD’s intention to
sell in HVLS 2024–1 due and payable
Secretary-held reverse mortgage loans.
HUD is offering 1,610 reverse mortgage
notes with a loan balance of
approximately $395 million. The
mortgage loans consist of first liens
secured by single family, vacant
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Fmt 4703
Sfmt 4703
residential properties, where all
borrowers are deceased, and no
borrower is survived by a nonborrowing spouse.
In this offering, HUD also intends to
awarda single asset pool consisting of a
reverse mortgage loan secured by a New
York single family property (‘‘Mark
House’’) in Albany County that was
listed on the National Register of
Historic Places on August 29, 2022. This
single asset pool has a loan balance of
approximately $325 thousand. For the
single asset pool, HUD will only accept
bids from nonprofit organizations or
units of State or local government with
a housing mission that qualify as
Priority Bidders in this sale.
A listing of the mortgage loans will be
included in the due diligence materials
made available to eligible bidders. The
mortgage loans will be sold without
FHA insurance and with servicing
released. HUD will offer eligible bidders
an opportunity to bid competitively on
the mortgage loans.
The Bidding Process
The BIP describes in detail the
procedure for bidding in HVLS 2024–1.
The BIP also includes the applicable
standardized non-negotiable
Conveyance, Assignment and
Assumption Agreements for HVLS
2024–1 (CAAs). The CAAs will contain
first look requirements and mission
outcome goals.
HUD will evaluate the bids submitted
and determine the successful bids, in
terms of the best value to HUD, in its
sole and absolute discretion. If a bidder
is successful, it will be required to
submit a deposit which will be
calculated based upon the total dollar
value of the bidder’s potential award.
Award will be contingent on receiving
the deposit in the timeframe outlined in
the deposit letter. The deposit amount
will be applied towards the purchase
price at settlement.
This notice provides some of the basic
terms of sale. The CAAs will be released
in the BIP or BIP Supplement, as
applicable. These documents provide
comprehensive contractual terms and
conditions to which eligible bidders
will acknowledge and agree. To ensure
a competitive bidding process, the terms
of the bidding process and the CAAs are
not subject to negotiation.
Due Diligence Review
The BIP describes how eligible
bidders may access the due diligence
materials remotely via a high-speed
internet connection.
E:\FR\FM\02NON1.SGM
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Federal Register / Vol. 88, No. 211 / Thursday, November 2, 2023 / Notices
Mortgage Loan Sale Policy
HUD reserves the right to remove
mortgage loans from a sale at any time
prior to the Award Date and the
settlement date for the mortgage loans.
HUD also reserves the right to reject any
and all bids, in whole or in part, and
include any reverse mortgage loans in a
later sale. Deliveries of mortgage loans
will occur in conjunction with
settlement and servicing transfer no
later than 60 days after the Award Date.
The reverse mortgage loans offered for
sale were insured by and were assigned
to HUD pursuant to section 255 of the
National Housing Act, as amended. The
sale of the reverse mortgage loans is
pursuant to HUD’s authority in section
204(g) of the National Housing Act.
Mortgage Loan Sale Procedure
HUD selected an open competitive
whole-loan sale as the method to sell
the reverse mortgage loans for this
specific sale transaction. For the HVLS
2024–1 sale, HUD has determined that
this method of sale optimizes HUD’s
return on the sale of these reverse
mortgage loans, affords the greatest
opportunity for all eligible bidders to
bid on the reverse mortgage loans, and
provides the quickest and most efficient
vehicle for HUD to dispose of the due
and payable reverse mortgage loans.
khammond on DSKJM1Z7X2PROD with NOTICES
Bidder Ineligibility
In order to bid in HVLS 2024–1 as an
eligible bidder, a prospective bidder
must complete, execute, and submit a
Confidentiality Agreement, a
Qualification Statement (HUD–9611),
and an Addendum for Nonprofit and
Government Pools and Sub-pools
(HUD–9612), as applicable (collectively,
for these bidders, the Qualification
Statement (HUD–9611) and Addendum
for Nonprofit and Government Pools
and Sub-pools (HUD–9612), as
applicable, shall be defined as the
Qualification Statement) that is
acceptable to HUD. Eligible bidders
seeking to be awarded loans on a
priority basis must submit the
Confidentiality Agreement,
Qualification Statement (HUD–9611),
and Addendum for Nonprofit and
Government Pools and Sub-pools
(HUD–9612), and Housing Mission
Supplemental Certification (collectively,
for these bidders, the Qualification
Statement (HUD–9611) and Addendum
for Nonprofit and Government Pools
and Sub-pools (HUD–9612), and
Housing Mission Supplemental
Certification shall be defined as the
Qualification Statement), that is
acceptable to HUD. In the Qualification
Statement, the prospective bidder must
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16:32 Nov 01, 2023
Jkt 262001
provide certain representations and
warranties regarding the prospective
bidder, including (i) the prospective
bidder’s board of directors, (ii) the
prospective bidder’s direct parent, (iii)
the prospective bidder’s subsidiaries,
(iv) any related entity with which the
prospective bidder shares a common
officer, director, subcontractor or subcontractor who has access to
Confidential Information as defined in
the Confidentiality Agreement or is
involved in the formation of a bid
transaction (collectively the ‘‘Related
Entities’’), and (v) the prospective
bidder’s repurchase lenders. The
prospective bidder is ineligible to bid on
any of the reverse mortgage loans
included in HVLS 2024–1 if the
prospective bidder, its Related Entities,
or its repurchase lenders, are any of the
following, unless other exceptions apply
as provided for in the Qualification
Statement.
1. An individual or entity that is
currently debarred, suspended, or
excluded from doing business with
HUD pursuant to the Governmentwide
Suspension and Debarment regulations
at 2 CFR parts 180 and 2424;
2. An individual or entity that is
currently suspended, debarred, or
otherwise restricted by any department
or agency of the Federal Government or
of a State government from doing
business with such department or
agency;
3. An individual or entity that is
currently debarred, suspended, or
excluded from doing mortgage related
business, including having a business
license suspended, surrendered or
revoked, by any Federal, State, or local
government agency, division, or
department;
4. An entity that has had its right to
act as a Government National Mortgage
Association (‘‘Ginnie Mae’’) issuer
terminated and its interest in mortgages
backing Ginnie Mae mortgage-backed
securities extinguished by Ginnie Mae;
5. An individual or entity that is in
violation of its neighborhood stabilizing
outcome obligations or post-sale
reporting requirements under a
Conveyance, Assignment and
Assumption Agreement executed for
any previous mortgage loan sale of
HUD;
6. An employee of HUD’s Office of
Housing, 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 with household to be
inclusive of the employee’s father,
mother, stepfather, stepmother, brother,
sister, stepbrother, stepsister, son,
daughter, stepson, stepdaughter,
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Sfmt 4703
75303
grandparent, grandson, granddaughter,
father-in-law, mother-in-law, brother-inlaw, sister-in-law, son-in-law, daughterin-law, first cousin, the spouse of any of
the foregoing, and the employee’s
spouse;
7. A contractor, subcontractor, and/or
consultant or advisor (including any
agent, employee, partner, director, or
principal of any of the foregoing) who
performed services for or on behalf of
HUD in connection with the sale;
8. An individual or entity that
knowingly acquired or will acquire
prior to the sale date material nonpublic information, other than that
information which is made available to
Bidder by HUD pursuant to the terms of
this Qualification Statement, about
mortgage loans offered in the sale;
9. An individual or entity which
knowingly employs or uses the services
of an employee of HUD’s Office of
Housing (other than in such employee’s
official capacity); or
10. An individual or entity that
knowingly uses the services, directly or
indirectly, of any person or entity
ineligible under 1 through 10 to assist
in preparing any of its bids on the
mortgage loans.
The Qualification Statement has
additional representations and
warranties which the prospective bidder
must make, including but not limited to
the representation and warranty that the
prospective bidder or its Related
Entities are not and will not knowingly
use the services, directly or indirectly,
of any person or entity that is, any of the
following (and to the extent that any
such individual or entity would prevent
the prospective bidder from making the
following representations, such
individual or entity has been removed
from participation in all activities
related to this sale and has no ability to
influence or control individuals
involved in formation of a bid for this
sale):
(1) An entity or individual is
ineligible to bid on any included reverse
mortgage loan or on the pool containing
such reverse mortgage loan because it is
an entity or individual that:
(a) Serviced or held such reverse
mortgage loan at any time during the
six-month period prior to the bid, or
(b) Is any principal of any entity or
individual described in the preceding
sentence;
(c) Any employee or subcontractor of
such entity or individual during that
six-month period; or
(d) Any entity or individual that
employs or uses the services of any
other entity or individual described in
this paragraph in preparing its bid on
such reverse mortgage loan.
E:\FR\FM\02NON1.SGM
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75304
Federal Register / Vol. 88, No. 211 / Thursday, November 2, 2023 / Notices
In addition, for those eligible bidders
seeking to be awarded mortgage loans
on a priority basis and signing the
Housing Mission Supplemental
Certification, each prospective bidder
must provide documentation and certify
that its charitable or government
purpose has a qualifying housing
mission and that its participation in the
sale is a furtherance of that housing
mission.
Freedom of Information Act Requests
HUD reserves the right, in its sole and
absolute discretion, to disclose
information regarding HVLS 2024–1,
including, but not limited to, the
identity of any successful qualified
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 HVLS 2024–1,
HUD will 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 HVLS 2024–1
and does not establish HUD’s policy for
the sale of other mortgage loans.
Julia R. Gordon,
Assistant Secretary for Housing FHA
Commissioner.
[FR Doc. 2023–24163 Filed 11–1–23; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–R4–NWRS–2023–0169;
FF09M21200–234–FXMB1231099BPP0;
OMB Control Number 1018–New]
Agency Information Collection
Activities; Perspectives on Manatee
Ecotourism
Fish and Wildlife Service,
Interior.
ACTION: Notice of information collection;
request for comment.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, we,
the U.S. Fish and Wildlife Service
(Service), are proposing a new
information collection.
DATES: Interested persons are invited to
submit comments on or before January
2, 2024.
ADDRESSES: Send your comments on the
information collection request (ICR) by
one of the following methods (please
reference ‘‘OMB Control No. 1018—
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
16:32 Nov 01, 2023
Jkt 262001
Manatees’’ in the subject line of your
comment):
• Internet (preferred): https://
www.regulations.gov. Follow the
instructions for submitting comments
on Docket No. FWS–R4–NWRS–2023–
0169.
• U.S. mail: Service Information
Collection Clearance Officer, U.S. Fish
and Wildlife Service, 5275 Leesburg
Pike, MS: PRB (JAO/3W); Falls Church,
VA 22041–3803.
FOR FURTHER INFORMATION CONTACT:
Madonna L. Baucum, Service
Information Collection Clearance
Officer, by email at Info_Coll@fws.gov,
or by telephone at (703) 358–2503.
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: In
accordance with the Paperwork
Reduction Act (PRA; 44 U.S.C. 3501 et
seq.) and its implementing regulations
in the Code of Federal Regulations
(CFR) at 5 CFR 1320, all information
collections require approval under the
PRA. We may not conduct or sponsor
and you are not required to respond to
a collection of information unless it
displays a currently valid OMB control
number.
As part of our continuing effort to
reduce paperwork and respondent
burdens, we invite the public and other
Federal agencies to comment on new,
proposed, revised, and continuing
collections of information. This helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. It also
helps the public understand our
information collection requirements and
provide the requested data in the
desired format.
We are especially interested in public
comment addressing the following:
(1) Whether or not the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether or not the
information will have practical utility;
(2) The accuracy of our estimate of the
burden for this collection of
information, including the validity of
the methodology and assumptions used;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) How might the agency minimize
the burden of the collection of
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Frm 00042
Fmt 4703
Sfmt 4703
information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of response.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this ICR. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Abstract: The Endangered Species Act
of 1973 (ESA; 16 U.S.C. 1531 et seq.)
and the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1361 et seq.) place
importance on public education and
outreach regarding manatee
conservation. Researchers conducting
noninvasive surveys can raise
awareness about manatees and the
importance of responsible ecotourism.
Furthermore, the data collected from
noninvasive surveys can inform
management decisions and policies
related to manatee conservation and
ecotourism. Authorities and
policymakers can also use this data to
develop evidence-based strategies that
balance the interests of stakeholders
while safeguarding the well-being of
manatees and their habitats.
Ecotourism is broadly defined as
traveling to an undisturbed area with
the objective of admiring and studying
the wildlife (Wallace and Pierce 1996).
Tourism-based activities can provide
economic benefits for the community,
improve conservation, and be used as a
tool for education (Ambe, Tsi, Chi, Siri,
and Tita 2010; Hill and Gale 2009;
Honey 2008; Masud, Aldakhil, Nassani,
and Azam 2017; Snyman 2014; Stronza
and Gordillo 2008; Cardenas et al.
2021). For ecotourism to be sustainable,
it should encompass the dynamics
between recreation and conservation of
wildlife (Catlin et al. 2011). A
conceptual framework provides
managers and researchers a tool to assist
them in achieving the best outcomes for
both environmental conservation and
the provision of wildlife tourism
experiences (Catlin et al. 2011). The
conceptual framework developed by
Duffus and Dearden (1990) is referenced
as nonconsumptive wildlife tourism in
E:\FR\FM\02NON1.SGM
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Agencies
[Federal Register Volume 88, Number 211 (Thursday, November 2, 2023)]
[Notices]
[Pages 75302-75304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24163]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6396-N-02]
Notice of HUD Vacant Loan Sales (HVLS 2024-1)
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, U.S. Department of Housing and Urban Development (HUD).
ACTION: Notice of sales of reverse mortgage loans.
-----------------------------------------------------------------------
SUMMARY: This notice announces HUD's intention to competitively offer
approximately 1,610 reverse mortgage notes secured by vacant properties
with a loan balance of approximately $395 million. The sale will
consist of due and payable Secretary-held reverse mortgage loans. The
mortgage loans consist of first liens secured by single family, vacant
residential properties, where all borrowers are deceased, and no
borrower is survived by a non-borrowing spouse. The Secretary will
prioritize up to 50 percent of the offered assets for award to
nonprofit organizations or governmental entity bidders with a
documented housing mission. This notice also generally describes the
bidding process for the sale and certain entities who are ineligible to
bid. This is the eleventh sale offering of its type and will be held on
December 5, 2023.
DATES: For this sale action, the Bidder's Information Package (BIP)
will be made available to qualified bidders on or about October 31,
2023. Bids for the HVLS 2024-1 sale will be accepted on the Bid Date of
December 5, 2023 prior to 12:00 ET (Bid Date). HUD anticipates that
award(s) will be made on or about December 8, 2023 (the Award Date).
ADDRESSES: To become an eligible bidder and receive the BIP for the
December sale, prospective bidders must complete, execute, and submit a
Confidentiality Agreement and Qualification Statement acceptable to
HUD. The documents will be available in preview form with free login on
the Transaction Specialist (TS), Falcon Capital Advisors, website:
https://www.falconassetsales.com. This website contains information and
links to register for the sale and electronically complete and submit
documents.
If you cannot submit electronically, please submit executed
documents via mail or facsimile to Falcon Capital Advisors: Falcon
Capital Advisors, 427 N Lee Street, Alexandria, VA 22314, Attention:
Glenn Ervin, HUD HVLS Loan Sale Coordinator. eFax: 1-202-393-4125.
FOR FURTHER INFORMATION CONTACT: John Lucey, Director, Office of Asset
Sales, Room 3136, Department of Housing and Urban Development, 451
Seventh Street SW, Washington, DC 20410-8000; telephone 202-708-2625,
extension 3927 (this is not a toll-free number). HUD welcomes and is
prepared to receive calls from individuals who are deaf or hard of
hearing, as well as individuals with speech or communication
disabilities. To learn more about how to make an accessible telephone
call, please visit https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.
SUPPLEMENTARY INFORMATION: This notice announces HUD's intention to
sell in HVLS 2024-1 due and payable Secretary-held reverse mortgage
loans. HUD is offering 1,610 reverse mortgage notes with a loan balance
of approximately $395 million. The mortgage loans consist of first
liens secured by single family, vacant residential properties, where
all borrowers are deceased, and no borrower is survived by a non-
borrowing spouse.
In this offering, HUD also intends to awarda single asset pool
consisting of a reverse mortgage loan secured by a New York single
family property (``Mark House'') in Albany County that was listed on
the National Register of Historic Places on August 29, 2022. This
single asset pool has a loan balance of approximately $325 thousand.
For the single asset pool, HUD will only accept bids from nonprofit
organizations or units of State or local government with a housing
mission that qualify as Priority Bidders in this sale.
A listing of the mortgage loans will be included in the due
diligence materials made available to eligible bidders. The mortgage
loans will be sold without FHA insurance and with servicing released.
HUD will offer eligible bidders an opportunity to bid competitively on
the mortgage loans.
The Bidding Process
The BIP describes in detail the procedure for bidding in HVLS 2024-
1. The BIP also includes the applicable standardized non-negotiable
Conveyance, Assignment and Assumption Agreements for HVLS 2024-1
(CAAs). The CAAs will contain first look requirements and mission
outcome goals.
HUD will evaluate the bids submitted and determine the successful
bids, in terms of the best value to HUD, in its sole and absolute
discretion. If a bidder is successful, it will be required to submit a
deposit which will be calculated based upon the total dollar value of
the bidder's potential award. Award will be contingent on receiving the
deposit in the timeframe outlined in the deposit letter. The deposit
amount will be applied towards the purchase price at settlement.
This notice provides some of the basic terms of sale. The CAAs will
be released in the BIP or BIP Supplement, as applicable. These
documents provide comprehensive contractual terms and conditions to
which eligible bidders will acknowledge and agree. To ensure a
competitive bidding process, the terms of the bidding process and the
CAAs are not subject to negotiation.
Due Diligence Review
The BIP describes how eligible bidders may access the due diligence
materials remotely via a high-speed internet connection.
[[Page 75303]]
Mortgage Loan Sale Policy
HUD reserves the right to remove mortgage loans from a sale at any
time prior to the Award Date and the settlement date for the mortgage
loans. HUD also reserves the right to reject any and all bids, in whole
or in part, and include any reverse mortgage loans in a later sale.
Deliveries of mortgage loans will occur in conjunction with settlement
and servicing transfer no later than 60 days after the Award Date.
The reverse mortgage loans offered for sale were insured by and
were assigned to HUD pursuant to section 255 of the National Housing
Act, as amended. The sale of the reverse mortgage loans is pursuant to
HUD's authority in section 204(g) of the National Housing Act.
Mortgage Loan Sale Procedure
HUD selected an open competitive whole-loan sale as the method to
sell the reverse mortgage loans for this specific sale transaction. For
the HVLS 2024-1 sale, HUD has determined that this method of sale
optimizes HUD's return on the sale of these reverse mortgage loans,
affords the greatest opportunity for all eligible bidders to bid on the
reverse mortgage loans, and provides the quickest and most efficient
vehicle for HUD to dispose of the due and payable reverse mortgage
loans.
Bidder Ineligibility
In order to bid in HVLS 2024-1 as an eligible bidder, a prospective
bidder must complete, execute, and submit a Confidentiality Agreement,
a Qualification Statement (HUD-9611), and an Addendum for Nonprofit and
Government Pools and Sub-pools (HUD-9612), as applicable (collectively,
for these bidders, the Qualification Statement (HUD-9611) and Addendum
for Nonprofit and Government Pools and Sub-pools (HUD-9612), as
applicable, shall be defined as the Qualification Statement) that is
acceptable to HUD. Eligible bidders seeking to be awarded loans on a
priority basis must submit the Confidentiality Agreement, Qualification
Statement (HUD-9611), and Addendum for Nonprofit and Government Pools
and Sub-pools (HUD-9612), and Housing Mission Supplemental
Certification (collectively, for these bidders, the Qualification
Statement (HUD-9611) and Addendum for Nonprofit and Government Pools
and Sub-pools (HUD-9612), and Housing Mission Supplemental
Certification shall be defined as the Qualification Statement), that is
acceptable to HUD. In the Qualification Statement, the prospective
bidder must provide certain representations and warranties regarding
the prospective bidder, including (i) the prospective bidder's board of
directors, (ii) the prospective bidder's direct parent, (iii) the
prospective bidder's subsidiaries, (iv) any related entity with which
the prospective bidder shares a common officer, director, subcontractor
or sub-contractor who has access to Confidential Information as defined
in the Confidentiality Agreement or is involved in the formation of a
bid transaction (collectively the ``Related Entities''), and (v) the
prospective bidder's repurchase lenders. The prospective bidder is
ineligible to bid on any of the reverse mortgage loans included in HVLS
2024-1 if the prospective bidder, its Related Entities, or its
repurchase lenders, are any of the following, unless other exceptions
apply as provided for in the Qualification Statement.
1. An individual or entity that is currently debarred, suspended,
or excluded from doing business with HUD pursuant to the Governmentwide
Suspension and Debarment regulations at 2 CFR parts 180 and 2424;
2. An individual or entity that is currently suspended, debarred,
or otherwise restricted by any department or agency of the Federal
Government or of a State government from doing business with such
department or agency;
3. An individual or entity that is currently debarred, suspended,
or excluded from doing mortgage related business, including having a
business license suspended, surrendered or revoked, by any Federal,
State, or local government agency, division, or department;
4. An entity that has had its right to act as a Government National
Mortgage Association (``Ginnie Mae'') issuer terminated and its
interest in mortgages backing Ginnie Mae mortgage-backed securities
extinguished by Ginnie Mae;
5. An individual or entity that is in violation of its neighborhood
stabilizing outcome obligations or post-sale reporting requirements
under a Conveyance, Assignment and Assumption Agreement executed for
any previous mortgage loan sale of HUD;
6. An employee of HUD's Office of Housing, 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 with household to be
inclusive of the employee's father, mother, stepfather, stepmother,
brother, sister, stepbrother, stepsister, son, daughter, stepson,
stepdaughter, grandparent, grandson, granddaughter, father-in-law,
mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-
law, first cousin, the spouse of any of the foregoing, and the
employee's spouse;
7. A contractor, subcontractor, and/or consultant or advisor
(including any agent, employee, partner, director, or principal of any
of the foregoing) who performed services for or on behalf of HUD in
connection with the sale;
8. An individual or entity that knowingly acquired or will acquire
prior to the sale date material non-public information, other than that
information which is made available to Bidder by HUD pursuant to the
terms of this Qualification Statement, about mortgage loans offered in
the sale;
9. An individual or entity which knowingly employs or uses the
services of an employee of HUD's Office of Housing (other than in such
employee's official capacity); or
10. An individual or entity that knowingly uses the services,
directly or indirectly, of any person or entity ineligible under 1
through 10 to assist in preparing any of its bids on the mortgage
loans.
The Qualification Statement has additional representations and
warranties which the prospective bidder must make, including but not
limited to the representation and warranty that the prospective bidder
or its Related Entities are not and will not knowingly use the
services, directly or indirectly, of any person or entity that is, any
of the following (and to the extent that any such individual or entity
would prevent the prospective bidder from making the following
representations, such individual or entity has been removed from
participation in all activities related to this sale and has no ability
to influence or control individuals involved in formation of a bid for
this sale):
(1) An entity or individual is ineligible to bid on any included
reverse mortgage loan or on the pool containing such reverse mortgage
loan because it is an entity or individual that:
(a) Serviced or held such reverse mortgage loan at any time during
the six-month period prior to the bid, or
(b) Is any principal of any entity or individual described in the
preceding sentence;
(c) Any employee or subcontractor of such entity or individual
during that six-month period; or
(d) Any entity or individual that employs or uses the services of
any other entity or individual described in this paragraph in preparing
its bid on such reverse mortgage loan.
[[Page 75304]]
In addition, for those eligible bidders seeking to be awarded
mortgage loans on a priority basis and signing the Housing Mission
Supplemental Certification, each prospective bidder must provide
documentation and certify that its charitable or government purpose has
a qualifying housing mission and that its participation in the sale is
a furtherance of that housing mission.
Freedom of Information Act Requests
HUD reserves the right, in its sole and absolute discretion, to
disclose information regarding HVLS 2024-1, including, but not limited
to, the identity of any successful qualified 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 HVLS 2024-1, HUD will
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 HVLS 2024-1 and does not establish HUD's
policy for the sale of other mortgage loans.
Julia R. Gordon,
Assistant Secretary for Housing FHA Commissioner.
[FR Doc. 2023-24163 Filed 11-1-23; 8:45 am]
BILLING CODE 4210-67-P