[Federal Register Volume 78, Number 111 (Monday, June 10, 2013)]
[Notices]
[Pages 34667-34668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13697]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5699-N-02]
Notice of Single Family Loan Sales (SFLS 2013-2)
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
ACTION: Notice of sales of mortgage loans.
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SUMMARY: This notice announces HUD's intention to competitively sell
certain unsubsidized single family mortgage loans, in a sealed bid sale
offering called SFLS 2013-2, without Federal Housing Administration
(FHA) mortgage insurance. This notice also generally describes the
bidding process for the sale and certain persons who are ineligible to
bid. This is the second sale of Fiscal Year (FY) 2013 and the offerings
will be held on June 26 and July 10, 2013.
DATES: For this sale action, the Bidder's Information Package (BIP)
will be made available to qualified bidders on or about May 22, 2013.
Bids for the 2013-2 sale will be accepted on two Bid Dates and must be
submitted on those dates, which are currently scheduled for June 26th
and July 10th. (Bid Dates) HUD anticipates that award(s) will be made
on or about June 27th, 2013 for the first offering and July 11th for
the second (the Award Dates).
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 are available via the HUD Web site at: http://www.hud.gov/sfloansales or via: http://www.DebtX.com. Please mail and
fax executed documents to SEBA Professional Services: SEBA Professional
Services, c/o The Debt Exchange, 133 Federal Street, 10th Floor,
Boston, MA 02111, Attention: HUD SFLS Loan Sale Coordinator, Fax: 1-
617-531-3499.
FOR FURTHER INFORMATION CONTACT: John Lucey, Deputy Director, Asset
Sales Office, Room 3136, 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 SFLS
2013-2 certain unsubsidized non-performing mortgage loans (Mortgage
Loans) secured by single family properties located throughout the
United States. A listing of the Mortgage Loans is included in the due
diligence materials made available to qualified bidders. 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 Loans will be offered on two sale dates. On June 26th, the
Department will offer national loan pools for bid. On July 10th, the
Department will offer regionally-based pools, with additional purchaser
requirements, that are called the Neighborhood Stabilization Outcome
pools.
The Bidding Process
The BIP describes in detail the procedure for bidding in SFLS 2013-
2. The BIP also includes a standardized non-negotiable Conveyance,
Assignment and Assumption Agreement (CAA Agreement). Qualified bidders
will be required to submit a deposit with their bid. Deposits are
calculated based upon each qualified bidder's aggregate bid price. HUD
will evaluate the bids submitted and determine the successful bid, in
terms of the best value to HUD, in its sole and absolute discretion. If
a qualified bidder is successful, the qualified bidder's deposit will
be non-refundable and will be applied toward the purchase price.
Deposits will be returned to unsuccessful bidders. For the 2013-2 sale
actions, settlements are expected to take place on or about August 8,
2013, and September 19, 2013.
This notice provides some of the basic terms of sale. The CAA
Agreement, which is included in the BIP, provides comprehensive
contractual terms and conditions. To ensure a competitive bidding
process, the terms of the bidding process and the CAA Agreement are not
subject to negotiation.
Due Diligence Review
The BIP describes how qualified bidders may access the due
diligence materials remotely via a high-speed Internet connection.
Mortgage Loan Sale Policy
HUD reserves the right to remove Mortgage Loans from SFLS 2013-2 at
[[Page 34668]]
any time prior to the Award Date. HUD also reserves the right to reject
any and all bids, in whole or in part, and include any Mortgage Loans
in a later sale. Deliveries of Mortgage Loans will occur in at least
two monthly settlements and the number of Mortgage Loans delivered will
vary depending upon the number of Mortgage Loans the Participating
Servicers have submitted for the payment of an FHA insurance claim. The
Participating Servicers will not be able to submit claims on loans that
are not included in the Mortgage Loan Portfolio set forth in the BIP.
There can be no assurance that any Participating Servicer will
deliver a minimum number of Mortgage Loans to HUD or that a minimum
number of Mortgage Loans will be delivered to the Purchaser.
The 2013-2 sale of Mortgage Loans are assigned to HUD pursuant to
section 204(a)(1)(A) of the National Housing Act as amended under Title
VI of the Departments of Veterans Affairs and Housing and Urban
Development and Independent Agencies Appropriations Act, 1999. The sale
of the Mortgage Loans is pursuant to 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 Mortgage Loans for this specific sale transaction. For the
SFLS 2013-2, HUD has determined that 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 Ineligibility
Note: Related Entities, as used in this Notice, are defined as
(a) two entities that have (i) significant common purposes and
substantial common membership or (ii) directly or indirectly
substantial common direction or control; or (b) either entity owns
(directly or through one or more entities) a 50 percent or greater
interest in the capital or profits of the other. For this purpose,
entities treated as related entities under this definition shall be
treated as one entity.
In order to bid in the 2013-2 sale as a qualified bidder, a
prospective bidder must complete, execute and submit both a
Confidentiality Agreement and a Qualification Statement acceptable to
HUD and applicable to the loan pool being purchased. If any of the
following apply to (i) a prospective bidder, (ii) the prospective
bidder's significant (>10%) owners and persons with authority or
control over the prospective bidder; (iii) any individuals/entities
related to the prospective bidder (``Related Entities'' as defined
below) or (iv) significant (>10%) owners and person with authority or
control of such Related Entities, then the prospective bidder is
ineligible to bid on any of the Mortgage Loans included in SFLS:
1. The prospective bidder is an 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 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;
2. The prospective bidder is 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
title 2 of the Code of Federal Regulations, parts 180 and 2424;
3. The prospective bidder is an individual or entity that has been
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;
4. The prospective bidder is an individual or entity that has been
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;
5. The prospective bidder is an individual or entity that knowingly
acquired or will acquire prior to the Sale Date material non-public
information, other than the information which is made available to the
prospective bidder by HUD pursuant to the terms of the Qualification
Statement, about Mortgage Loans offered in the sale;
6. The prospective bidder is a 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 single family asset
sales;
7. The prospective bidder is an individual or entity that uses the
services, directly or indirectly, of any person or entity ineligible
under subparagraphs 1 through 3 above to assist in preparing any of its
bids on the Mortgage Loans;
8. The prospective bidder is an 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 single family asset
sales;
9. The prospective bidder is an entity or individual that serviced
or held any Mortgage Loan at any time during the 2-year period prior to
the Award Date;
10. The prospective bidder is an entity or individual that is: (a)
Any affiliate or principal of any entity or individual described in the
preceding sentence (sub-paragraph 8); (b) any employee or subcontractor
of such entity or individual during that 2-year period prior to Award
Date; or (c) 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 Mortgage Loan; or
12. The prospective bidder is an entity that has had its right to
act as a Government National Mortgage Association (Ginnie Mae) issuer
and its interest in mortgages backing Ginnie Mae mortgage-backed
securities extinguished and terminated by Ginnie Mae.
Freedom of Information Act Requests
HUD reserves the right, in its sole and absolute discretion, to
disclose information regarding SFLS 2013-2, 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 SFLS 2013-2, 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 SFLS 2013-2 and does not establish HUD's
policy for the sale of other mortgage loans.
Dated: June 3, 2013.
Laura M. Marin,
Acting General Deputy Assistant Secretary for Housing.
[FR Doc. 2013-13697 Filed 6-7-13; 8:45 am]
BILLING CODE 4210-67-P