[Federal Register Volume 79, Number 235 (Monday, December 8, 2014)]
[Notices]
[Pages 72695-72696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28701]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5826-N-01]
Notice of HUD-Held Healthcare Loan Sale (HLS 2015-1)
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
ACTION: Notice of sale of a healthcare mortgage loan.
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SUMMARY: This notice announces HUD's intention to sell an unsubsidized
healthcare mortgage loan, without Federal Housing Administration (FHA)
insurance, in a competitive auction (HLS 2015-1 or Loan Sale) on or
about December 17, 2014. 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 on or
about November 13, 2014. Bids for the loan must be submitted on the bid
date of December 17, 2014 between certain specified hours. HUD
anticipates that an award will be made on or before December 22, 2014.
Closing is expected to take place between December 23, 2014 and
December 31, 2014.
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 fax or email as well as mail executed
original documents to JS Watkins Realty Partners, LLC: J.S. Watkins
Realty Partners, LLC, c/o The Debt Exchange, 133 Federal Street, 10th
Floor, Boston, MA 02111, Attention: HLS 2015-1 Sale Coordinator, Fax:
1-978-967-8607, Email: [email protected].
FOR FURTHER INFORMATION CONTACT: John Lucey, 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 HLS
2015-1, an unsubsidized healthcare mortgage loan (Mortgage Loan)
secured by a hospital (medical center) located in Texas. The Mortgage
Loan is a non-performing mortgage loan. The listing of the Mortgage
Loan is included in the BIP. The Mortgage Loan will be sold without FHA
insurance and with HUD servicing released. HUD will offer qualified
bidders an opportunity to bid competitively on the Mortgage Loan.
The Qualification Statement describes the entities/individuals that
may be qualified to bid on the Mortgage Loan if they meet certain
requirements as detailed in the Qualification Statement. Some entities/
individuals must meet additional requirements in order to be qualified
to bid, including but not limited to: (1) Any mortgagee/servicer who
originated the Mortgage Loan; (2) a mortgagor, a healthcare operator,
or member of the hospital Board of Directors with respect to any HUD
insured or subsidized mortgage loan (excluding the Mortgage Loan being
offered in the Loan Sale) who is currently in default, violation, or
noncompliance with one or more of HUD's requirements or business
agreements; (3) a limited partner, nonmanaging member, investor and/or
shareholder who owns a 1% or less interest in the Mortgage Loan, or in
the project securing the Mortgage Loan; (4) and any of the
aforementioned entities'/individuals' principals, affiliates, and
assigns. Interested entities/individuals who fall into one of these
categories should review the Qualification Statement to determine
whether they may be eligible to qualify to submit a bid on the Mortgage
Loan. Other entities/individuals not described herein may also be
restricted from bidding on the Mortgage Loan, as fully detailed in the
Qualification Statement.
The Bidding Process
The BIP describes in detail the procedure for bidding in HLS 2015-
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 10 percent of the total bid or $100,000. 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. Closings are
expected to take place between December 23, 2014 and December 31, 2014.
These are the essential terms of sale. The Loan Sale Agreement,
which is 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 HLS 2015-1. 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 reject any and all bids, in whole or in
part, without prejudice to HUD's right to include the Mortgage Loan in
a later sale. The Mortgage Loan will not be withdrawn after the Award
Date except as is specifically provided for in the Loan Sale Agreement.
This is a sale of an unsubsidized mortgage loan, 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
Loan. This method of sale optimizes HUD's return on the sale of this
Mortgage Loan, affords the greatest opportunity for all qualified
bidders to bid on the Mortgage Loan, and provides the quickest and most
efficient vehicle for HUD to dispose of the Mortgage Loan.
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 Loan being sold in HLS
2015-1:
1. A mortgagor or a member of a hospital Board of Directors, with
respect to the Mortgage Loan being offered in the Loan Sale, or an
Active Shareholder with respect to the Mortgage Loan as defined by
paragraph E of the Qualification Statement, including any and all of
their principals, affiliates, assigns, and family member(s);
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2. 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, healthcare operator, or a member of a hospital
Board of Directors with respect to any of HUD's multifamily and/or
healthcare programs (excluding the Mortgage Loan being offered in the
Loan Sale) and 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
fails to cure such default or violation by no later than December 3,
2014.
3. 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 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 HLS 2015-1;
5. An FHA-approved mortgagee, including any principals, affiliates,
or assigns thereof, that has received FHA insurance benefits for the
same Mortgage Loan being offered in the Loan Sale;
6. An FHA-approved mortgagee and/or loan servicer, including any
principals, affiliates, or assigns thereof, that originated the
Mortgage Loan 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;
7. Any employee of HUD, a member of such employee's family, or an
entity owned or controlled by any such employee or member of such an
employee's family;
8. Any individual or entity that uses the services, directly or
indirectly, of any person or entity ineligible under provisions (1)
through (7) above to assist in preparing its bid on the Mortgage
Loan.10. Any affiliate, principal or employee of any person or entity
that, within the two-year period prior to December 1, 2014, serviced
the Mortgage Loan or performed other services for or on behalf of HUD;
9. Any contractor or subcontractor to HUD that otherwise had access
to information concerning the Mortgage Loan on behalf of HUD or
provided services to any person or entity which, within the two-year
period prior to December 1, 2014, had access to information with
respect to the Mortgage Loan on behalf of HUD;
10. Any employee, officer, director or any other person that
provides or will provide services to the prospective bidder with
respect to the Mortgage Loan during any warranty period established for
the Loan Sale, that serviced the Mortgage Loan or performed other
services for or on behalf of HUD within the two-year period prior to
December 1, 2014, or provided services to any person or entity which
serviced, performed services or otherwise had access to information
with respect to the Mortgage Loan for or on behalf of HUD.
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 Loan in HLS 2015-1.
Freedom of Information Act Requests
HUD reserves the right, in its sole and absolute discretion, to
disclose information regarding HLS 2015-1, including, but not limited
to, the identity of any successful bidder and its bid price or bid
percentage for the Mortgage Loan, upon the closing of the sale of the
Mortgage Loan. Even if HUD elects not to publicly disclose any
information relating to HLS 2015-1, 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 HLS 2015-1 and does not establish HUD's
policy for the sale of other mortgage loans.
Dated: November 26, 2014.
Biniam Gebre,
Acting Assistant Secretary for Housing--Federal Housing Commissioner.
Laura M. Marin,
Associate General Deputy Assistant Secretary for Housing--Associate
Deputy Federal Housing Commissioner.
[FR Doc. 2014-28701 Filed 12-5-14; 8:45 am]
BILLING CODE 4210-67-P