[Federal Register Volume 61, Number 159 (Thursday, August 15, 1996)]
[Notices]
[Pages 42435-42436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20835]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT


Office of the Assistant Secretary for Housing-Federal Housing 
Commissioner; Notice of Sale of Single Family Mortgage Loans

[Docket No. FR-4121-N-01]
AGENCY: Office of the Assistant Secretary for Housing-Federal Housing 
Commissioner, (HUD).

ACTION: Notice of sale of single family mortgage loans.

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SUMMARY: This notice announces the Department's intention to sell 
approximately 17,500 Secretary-held single family mortgage loans (the 
``loans'') in a sealed bid auction. The loans were insured under 
various sections of the National Housing Act (the Act) and thereafter 
assigned to the Department pursuant to Section 230 of the Act. The 
loans are secured by single family properties located nationwide. This 
notice also describes the bidding process for these loans.

DATES: Bid Packages will be available to eligible bidders on or about 
July 15, 1996. The auction is currently scheduled for September 4, 
1996.

ADDRESSES: Bid packages will be available from FHA's Financial Advisor, 
Merrill Lynch & Co. (``Merrill'') 250 Vesey St., New York, NY 10281. 
Bid Packages will be made available only to parties who complete a 
Confidentiality Agreement and Qualification Statement and are deemed 
eligible bidders by Merrill. Interested parties can obtain a 
Confidentiality Agreement and Qualification Statement by calling 1-
(800) 363-4704. Merrill will forward Bidding Materials to eligible 
bidders via overnight courier. Asset files for the loans included in 
the sale are available for review by eligible bidders who visit the due 
diligence facility located at 1730 M Street NW., Washington, DC 20036. 
To schedule a visit to the due diligence facility or to order 
supplemental information on the loans, eligible bidders should contact 
Susan Munson at (202) 530-1253. This is not a toll-free number. The due 
diligence facility will be open between the hours of 8:00 a.m. and 8:00 
p.m., Monday through Saturday. The facility will open on or about July 
12, 1996 and will close on or about August 22, 1996. The last telephone 
number is not a toll-free number.

FOR FURTHER INFORMATION CONTACT: Joseph McCloskey, Director, Single 
Family Servicing Division, Office of Insured Single Family Housing, 
Room 9178, Department of Housing and Urban Development, 451 Seventh 
Street, SW., Washington, DC 20410; telephone (202) 708-1672. For 
hearing or speech-impaired individuals, this number may be accessed via 
PT (text telephone) by calling the Federal Information Relay Service at 
1-800-877-8339 (this is a toll-free number).

SUPPLEMENTARY INFORMATION: The Department intends to sell approximately 
17,500 Single Family loans in this auction. The loans are secured by 
single family properties and are performing and non-performing. The 
loans will be divided into one million dollar loan blocks, which will 
be further arranged into groups. A list of specific loans and loan 
block and group descriptions will be contained in the Bid Package. No 
loans will be sold individually. The loans will be sold without Federal 
Housing Administration (FHA) insurance. The Department will offer 
interested parties an opportunity to bid competitively on loan pools 
which they may create from combinations of loan blocks, subject to 
conditions set forth in the bid package. The Department shall use its 
sole discretion to evaluate and determine winning bids.

The Bidding Process

    These are the essential terms of sale. The Loan Sale Agreement will 
provide additional details. To ensure a competitive bidding process, 
the terms of sale are not subject to negotiation.
    The Department will describe in detail the procedure for 
participating in the Single Family Loan Sale in a Bid Package, which 
will include bid forms, a nonnegotiable loan sale agreement prepared by 
the Department (Loan Sale Agreement), specific bid instructions, as 
well as pertinent information on the loans such as total outstanding 
unpaid principal balances and interest rate ranges, maturity rates, 
geographic locations and performance. The bid packages also include 
computer diskettes containing data on all of the mortgage loans.
    Bid Packages will be available approximately 6 weeks prior to the 
Bid Date. The Bid Package will also include instructions for Bidder 
Registration and will contain procedures for obtaining supplemental 
information about the loans. Any interested party may request a copy of 
the Bid Package by sending a written request together with a duly 
executed Confidentiality Agreement and Qualification Statement to the 
address specified in the ADDRESSES section, above, of this notice.
    Prior to the Bid Date a Bid Package Supplement will be mailed to 
all eligible bidders. It will contain the final list of loans to be 
conveyed to the successful bidder(s).
    Each bidder must include with its bid a deposit equal to 10% of the 
amount of its bid(s). If a successful bidder fails to abide by the 
terms of the Loan Sale Agreement, including paying the Department any 
remaining sums due pursuant to the Loan Sale Agreement and closing 
within the time period provided by the Loan Sale Agreement, the 
Department shall retain and accept any deposit as liquidated damages.

Due Diligence Facility

    An investor due diligence period will take place prior to the Bid 
Date. During the investor due diligence period, eligible bidders may, 
for a non-refundable fee of $500, review all asset file documents which 
have been imaged onto a database by visiting the due diligence facility 
located at 1730 M Street N.W., Washington, D.C. 20036 and/or via modem 
a limited number of identified asset files. Finally, bidders may 
purchase a CD Rom disc containing substantial due diligence materials 
such as 36 month payment histories and Brokers' Price Opinions at a 
cost of $500.
    Specific instructions for ordering information in electronic format 
or making an appointment to visit the due diligence facility will be 
included in the Bid Package. The Department reserves the right to 
charge a reasonable fee to cover its costs in duplicating and 
forwarding any information requested by an interested party.

FHA Reservation of Rights

    The Department reserves the right to delete loans from the Loan 
Sale at any time prior to the bid date for any reason and without 
prejudice to its right to include any loans in a later sale. The 
Department also reserves the right to terminate this sale at any time 
prior to the bid date.
    The Department reserves the right to use its sole discretion to 
evaluate and determine winning bids. The Department reserves the right 
at its sole discretion and for any reason whatsoever to reject any and 
all bids.
    The Department reserves the right to conduct a ``best and final'' 
round among top bidders for loan blocks or pools

[[Page 42436]]

which it will select in its sole discretion, wherein bidders will be 
given the opportunity to increase their bids. A best and final round 
shall not be construed as a rejection of any bid or preclude the 
Department from accepting any bid made by a bidder.

Ineligible Bidders

    Notwithstanding a bidder's qualification as an eligible investor 
and approved servicer the following individuals and entities (either 
alone or in combination with others) are ineligible to bid on any one 
or combination of the single family Loan pools included in the Sale:
    (1) Any employee of the Department or an entity controlled by an 
FHA employee or by a member of such employee's household;
    (2) Any individual or entity that is debarred from doing business 
with the Department pursuant to 24 CFR Part 24;
    (3) Any contractor, subcontractor and/or consultant (including any 
agent of the foregoing) who performed services for, or on behalf of, 
the Department in connection with this Single Family Loan Auction; or
    (4) Any individual that was a principal and/or employee of any 
entity or individual described in paragraph (3) above at any time 
during which the entity or individual performed services for, or on 
behalf of, the Department in connection with this Auction.

Number of Bids

    A bidder may bid on as many blocks as the bidder chooses.
    Each bidder assumes all risks of loss relating to its failure to 
deliver, or cause to be delivered, on a timely basis and in the manner 
specified by the Department, each bid form, earnest money deposit, and 
Loan Sale Agreement required to be submitted by the bidder.

Ties for High Bidder

    If a tie continues after the best and final offers are submitted or 
the bidders do not respond within the time period established by the 
Department, the successful bidder will be determined by lottery. 
Notwithstanding the above, the Department reserves the right to 
withdraw any pool(s) of single family loans subject to tie bids.

Single Family Loan Sale Procedure

    The Department has selected a competitive sealed bid auction as the 
method to sell the blocks of Single Family Mortgage Loans. This method 
of sale optimizes the Department's return on the sale of these loans 
affords the greatest opportunity for all interested investors to bid on 
the defaulted loans, and provides the quickest and most efficient 
vehicle for the Department to dispose of the blocks of loans.

Single Family Loan Sale Policy

Post Sale Servicing Requirements

    The loans will be sold with servicing released by FHA. The loans 
must be serviced by a FHA approved mortgagee for the remaining lives of 
the loans, unless the Mortgagor consents to a modification or the loan 
is refinanced or satisfied of record.
    Successful bidders, or purchasers of these Mortgage Loans, and 
their successors, will be responsible for servicing the Loans in 
accordance with the applicable provisions of the Loan Sale Agreement. 
The Department intends to take any and all steps possible to ensure 
enforcement of these provisions.

Scope of Notice

    This notice applies to the Single Family Loan Sale Number 3, and 
does not establish Departmental procedures and policies for the sale of 
other mortgage loans. If there are any conflicts between the Notice and 
the Bid Package, including the Loan Sale Agreement, the contents of the 
Bid Package prevail.

    Dated: August 9, 1996.
Nicolas P. Retsinas,
Assistant Secretary for Housing-Federal Housing Commissioner
[FR Doc. 96-20835 Filed 8-14-96; 8:45 am]
BILLING CODE 4210-27-P