[Federal Register Volume 78, Number 43 (Tuesday, March 5, 2013)]
[Notices]
[Pages 14350-14351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05086]



[[Page 14350]]

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5699-N-01]


Notice of Single Family Loan Sales (SFLS 2013-1)

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 2013-1, without Federal Housing Administration 
(FHA) mortgage insurance. This notice also generally describes the 
bidding process for the sale and describes certain persons who are 
ineligible to bid. This first sale of Fiscal Year (FY) 2013 is 
scheduled for March 2013. FHA also expects to conduct two additional 
sales in FY 2013 in June and September 2013.

DATES: The Bidder's Information Package (BIP) was made available to 
qualified bidders on or about February 20, 2013. Bids for the 2013-1 
sale will be accepted on two Bid Dates and must be submitted on those 
dates, which are currently scheduled for March 20, 2013 and March 27, 
2013 (Bid Dates). HUD anticipates that award(s) will be made on or 
about March 21, 2013, for the first offering, and March 28, 2013, 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 
2013-1 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 March 20, 2013, the 
Department will offer national loan pools for bid. On March 27, 2013, 
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-
1. 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-
1 sale actions, settlements are expected to take place on or about 
April 22, 2013 and May 20, 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 2013-1 at 
any time prior to the Award Date. HUD also reserves the right to reject 
any and all bids, in whole or in part, 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 2013-1 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 2013-1, 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 2013-1 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

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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 24243) 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;
    3. 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;
    4. 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;
    5. 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;
    6. 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;
    7. 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;
    8. 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
    9. 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 2013-1, 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 SFLS 2013-1, 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 SFLS 2013-1 and does not establish HUD's 
policy for the sale of other mortgage loans.

    Dated: February 27, 2013.
Laura M. Marin,
Acting General Deputy Assistant Secretary for Housing.
[FR Doc. 2013-05086 Filed 3-4-13; 8:45 am]
BILLING CODE 4210-67-P