[Federal Register Volume 76, Number 36 (Wednesday, February 23, 2011)]
[Notices]
[Pages 10062-10063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4029]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5502-N-01]


Notice of Single Family Loan Sales (SFLS 2011-1)

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 sell certain 
unsubsidized single family mortgage loans, without Federal Housing 
Administration (FHA) mortgage insurance, in a series of competitive, 
sealed bid sales, commencing with the first sale offering (SFLS 2011-
1). This notice also generally describes the bidding process for the 
sale and certain persons who are ineligible to bid. The sales are 
scheduled for March 9, June 22 and September 14, 2011.

DATES: For the first sale action, the Bidder's Information Package 
(BIP) was made available to qualified bidders on February 9, 2011. Bids 
for the loans must be submitted on the bid date, which is currently 
scheduled for March 9, 2011. HUD anticipates that award(s) will be made 
on or about March 10, 2011.

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: http://www.hud.gov/sfloansales. Please mail and fax executed documents to 
HUD's Asset Sales Office: Asset Sales Office, United States Department 
of Housing and Urban Development, 451 7th Street SW., Room 3136, 
Washington, DC 20410, Attention: Single Family Sale Coordinator, Fax: 
202-708-2771.

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 
2011-1 certain unsubsidized non-performing mortgage loans (Mortgage 
Loans) secured by single family properties located throughout the 
United States. A listing of the Mortgage Loans will be included in the 
due diligence materials made available to 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 Bidding Process

    The BIP will describe in detail the procedure for bidding in SFLS 
2011-1. The BIP will also include a standardized non-negotiable 
Conveyance, Assignment and Assumption Agreement (CAA Agreement). 
Bidders will be required to submit a deposit with their bid. Deposits 
are calculated based upon each 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 bidder is successful, the bidder's deposit will be 
non-refundable and will be applied toward the purchase price. Deposits 
will be returned to unsuccessful bidders. For the first sale action, 
closings are expected to take place on March 30, 2011 and May 5, 2011.
    These are the essential terms of sale. The CAA Agreement, which 
will be included in the BIP, will contain additional terms and details. 
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 will describe how 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 2011-1 at 
any time prior to the award date. HUD also reserves the right to reject 
any and all bids, in whole or in part, without

[[Page 10063]]

prejudice to HUD's right to include any Mortgage Loans in a later sale. 
Mortgage Loans will not be withdrawn after the award date except as is 
specifically provided in the CAA Agreement.
    This is a sale of unsubsidized mortgage loans, which are to be 
assigned to HUD pursuant to section 204(a)(1)(A) of the National 
Housing Act, 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 loans is pursuant to section 
204(g) of the Act.

Mortgage Loan Sale Procedure

    HUD selected a competitive sale as the method to sell the Mortgage 
Loans. 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 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 
ineligible to bid on any of the Mortgage Loans included in SFLS 2011-1:
    (1) 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;
    (2) An 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;
    (3) 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) 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) 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 the Sales;
    (6) A individual or entity that uses the services, directly or 
indirectly, of any person or entity ineligible under subparagraphs 1 
through 3i above to assist in preparing any of its bids on the Mortgage 
Loans;
    (7) A 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 the Sales;
    (8) A entity or individual that serviced or held any Mortgage Loan 
at any time during the 2-year period prior to the bid is ineligible to 
bid on such Mortgage Loan or on the pool containing such Mortgage Loan, 
and
    (9) A entity or individual that is: (a) Any affiliate or principal 
of any entity or individual described in the preceding sentence 
(paragraph 8); (b) any employee or subcontractor of such entity or 
individual during that 2-year period; 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.

Freedom of Information Act Requests

    HUD reserves the right, in its sole and absolute discretion, to 
disclose information regarding SFLS 2011-1, including, but not limited 
to, the identity of any successful 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 2011-1, 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 SFLS 2011-1 and does not establish HUD's 
policy for the sale of other mortgage loans.

    Dated: February 17, 2011.
David H. Stevens,
Assistant Secretary for Housing--Federal Housing Commissioner.
[FR Doc. 2011-4029 Filed 2-22-11; 8:45 am]
BILLING CODE 4210-67-P