11256 Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices 

(5) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: 100 responses at 60 minutes 

(1.0 hours) per response. 

(6) An estimate of the total public 

burden (in hours) associated with the 

collection: 100 annual burden hours. 

Comments and/or questions; requests 

for a copy of the proposed information 

collection instrument, with instructions; 

or inquiries for additional information 

should be directed to: Office of the Chief 

Financial Officer/OAA/Records Branch, 

U.S. Immigration and Customs 

Enforcement, 500 12th Street, SW., 

STOP 5705, Washington, DC 20536– 

5705. 

Dated: February 23, 2011. 

John Ramsay, 

Forms Program Manager, Office of Asset 

Administration, U.S. Immigration and 

Customs Enforcement. 

[FR Doc. 2011–4444 Filed 2–28–11; 8:45 am] 

BILLING CODE 9111–28–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5484–N–05] 

Notice of Proposed Information 

Collection: Comment Request Loan 

Sales Bidder Qualification Statement 

AGENCY: Office of the Assistant 

Secretary for Housing—Federal Housing 

Commissioner, HUD. 

ACTION: Notice. 

SUMMARY: The proposed information 

collection requirement described below 

will be submitted to the Office of 

Management and Budget (OMB) for 

review, as required by the Paperwork 

Reduction Act. The department is 

soliciting public comments on the 

subject proposal. 

DATES: Comment due date: May 2, 2011. 

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this proposal. Comments should refer to 

the proposal by name and/or OMB 

Control Number and should be sent to: 

Reports Liaison Office, Department of 

Housing and Urban Development, 451 

7th Street, SW., Washington, DC 20410, 

Room 9120 or the number for the 

Federal Information Relay Service 

(1–800–877–8339). 

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 or Gregory Bolton, 

Senior Attorney, Office of Insured 

Housing, Multifamily Division, Room 

9230; telephone 202–708–0614, 

extension 5245. Hearing- or speechimpaired individuals may call 202–708– 

4594 (TTY). These are not toll-free 

numbers. 

SUPPLEMENTARY INFORMATION: The 

Department is submitting the proposed 

information collection to OMB for 

review, as required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

chapter 35, as amended). 

This Notice is soliciting comments 

from members of the public and affected 

agencies concerning the proposed 

collection of information to: (1) Evaluate 

whether the proposed collection is 

necessary for the proper performance of 

the functions of the agency, including 

whether the information will have 

practical utility; (2) Evaluate the 

accuracy of the agency’s estimate of the 

burden of the proposed collection of 

information; (3) Enhance the quality, 

utility, and clarity of the information to 

be collected; and (4) Minimize the 

burden of the collection of information 

on those who are to respond; including 

the use of appropriate automated 

collection techniques of other forms of 

information technology, e.g., permitting 

electronic submission of responses. 

This notice list the following 

information: 

Title of Proposal: HUD Loan Sale 

Bidder Qualification Statement. 

OMB Control Number: 2502–0576. 

Agency Form Numbers, if Applicable: 

None. 

Description of the Need for the 

Information and Proposed Use: The 

Qualification Statement solicits from 

Prospective bidders to the HUD Loan 

Sales the basic qualifications required 

for bidding including but not limited to, 

Purchaser Information (Name of 

Purchaser, Corporate Entity, Address, 

Tax ID), Business Type, Net Worth, 

Equity Size, Prior History with HUD 

Loans and prior sales participation. By 

executing the Qualification Statement, 

the purchaser certifies, represents and 

warrants to HUD that each of the 

statements included are true and correct 

as to the purchaser and thereby qualifies 

them to bid. 

The Bidder Qualification Statement is 

released to a pool of approximately 

17,000 potential investors, of which 

approximately 600 respond annually. 

The estimated number of burden hours 

needed to prepare the information 

collection is 300; the frequency of 

response is on occasion; and the 

estimated time needed to prepare the 

response is near thirty (30) minutes and 

cost on the respondent to complete the 

statement is estimated to be close to ten 

(10) dollars. 

Authority: The Paperwork Reduction Act 

of 1995, 44 U.S.C. Chapter 35, as amended. 

Dated: February 23, 2011. 

Ronald Y. Spraker, 

Associate General Deputy Assistant Secretary 

for Housing. 

[FR Doc. 2011–4411 Filed 2–28–11; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5503–N–01] 

Notice of HUD-Held Healthcare Loan 

Sale (HCLS 2011–1) 

AGENCY: Office of the Assistant 

Secretary for Housing—Federal Housing 

Commissioner, HUD. 

ACTION: Notice of sale of mortgage loans. 

SUMMARY: This notice announces HUD’s 

sale of certain unsubsidized healthcare 

mortgage loans, without Federal 

Housing Administration (FHA) 

insurance, in a competitive, sealed bid 

sale (HCLS 2011–1). This notice also 

describes generally the bidding process 

used for the sale and certain persons 

who were ineligible to bid. The Bidder’s 

Information Package (BIP) was made 

available to qualified bidders late 

January. Closings are expected to take 

place by March 10, 2011. 

FOR FURTHER INFORMATION CONTACT: John 

Lucey, Deputy 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 speechimpaired individuals may call 202–708– 

4594 (TTY). These are not toll-free 

numbers. 

SUPPLEMENTARY INFORMATION: HUD 

announces a sale in HCLS 2011–1 of 

certain unsubsidized mortgage loans 

(Mortgage Loans) secured by healthcare 

properties located throughout the 

United States. The Mortgage Loans were 

comprised of non-performing mortgage 

loans. A final listing of the Mortgage 

Loans was included in the BIP. The 

Mortgage Loans were sold without FHA 

insurance and with servicing released. 

HUD offered qualified bidders an 

opportunity to bid competitively on the 

Mortgage Loans. 

The Mortgage Loans may be stratified 

for bidding purposes into several 

mortgage loan pools. Each pool 

contained Mortgage Loans that generally 

had similar performance, property type, 

geographic location, lien position and 

other characteristics. Qualified bidders 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices 11257 

were able to submit bids on one or more 

pools of Mortgage Loans or bid on 

individual loans. A mortgagor who was 

a qualified bidder was permitted to 

submit an individual bid on its own 

Mortgage Loan. 

The Bidding Process 

The BIP described in detail the 

procedure for bidding in HCLS 2011–1. 

The BIP also include a standardized 

non-negotiable loan sale agreement 

(Loan Sale Agreement). 

As part of its bid, each bidder was 

required to submit a deposit equal to the 

greater of $100,000 or 10% of the bid 

price. In the event the bidder’s aggregate 

bid was less than $100,000.00, the 

minimum deposit was not less than fifty 

percent (50%) of the bidder’s aggregate 

bid. HUD evaluated the bids submitted 

and determined the successful bids in 

its sole and absolute discretion. If a 

bidder was successful, the bidder’s 

deposit was non-refundable and applied 

toward the purchase price. Deposits 

were returned to unsuccessful bidders. 

Closings are scheduled to occur by 

March 10, 2011. 

These were the essential terms of sale. 

The Loan Sale Agreement, which was 

included in the BIP, contained 

additional terms and details. To ensure 

a competitive bidding process, the terms 

of the bidding process and the Loan Sale 

Agreement were not subject to 

negotiation. 

Due Diligence Review 

The BIP described the due diligence 

process for reviewing loan files in HCLS 

2011–1. Qualified bidders were able to 

access loan information remotely via a 

high-speed Internet connection. 

Mortgage Loan Sale Policy 

HUD reserved the right to add 

Mortgage Loans to or delete Mortgage 

Loans from HCLS 2011–1 at any time 

prior to the Award Date. HUD also 

reserved the right to reject any and all 

bids, in whole or in part, without 

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 Loan Sale Agreement. 

This was a sale of unsubsidized 

mortgage loans, 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 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 was required to 

complete, execute and submit both a 

Confidentiality Agreement and a 

Qualification Statement acceptable to 

HUD. The following individuals and 

entities were ineligible to bid on any of 

the Mortgage Loans included in HCLS 

2011–1: 

(1) Any 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) 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; 

(3) 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 

HCLS 2011–1; 

(4) Any individual who was a 

principal, partner, director, agent or 

employee of any entity or individual 

described in subparagraph 3 above, at 

any time during which the entity or 

individual performed services for or on 

behalf of HUD in connection with HCLS 

2011–1; 

(5) Any individual or entity that uses 

the services, directly or indirectly, of 

any person or entity ineligible under 

subparagraphs 1 through 4 above to 

assist in preparing any of its bids on the 

Mortgage Loans; 

(6) Any 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 HCLS 2011–1; 

(7) Any mortgagor (or affiliate of a 

mortgagor) that failed to submit to HUD 

on or before January 31, 2011, audited 

financial statements for fiscal years 2005 

through 2010 for a project securing a 

Mortgage Loan; 

(8) 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 

in any of HUD’s multifamily and or 

healthcare housing programs and that is 

in default under such mortgage loan or 

is in violation of any regulatory or 

business agreements with HUD, unless 

such default or violation is cured on or 

before January 31, 2011; 

(9) Any entity or individual that 

serviced or held any Mortgage Loan at 

any time during the 2-year period prior 

to February 1, 2011, is ineligible to bid 

on such Mortgage Loan or on the pool 

containing such Mortgage Loan, but may 

bid on loan pools that do not contain 

Mortgage Loans that they have serviced 

or held at any time during the 2-year 

period prior to February 1, 2011; and 

(10) Also ineligible to bid on any 

Mortgage Loan are: (a) Any affiliate or 

principal of any entity or individual 

described in the preceding sentence 

(subparagraph 9); (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 

subparagraph in preparing its bid on 

such Mortgage Loan. 

Prospective bidders should carefully 

review the Qualification Statement to 

determine whether they are eligible to 

submit bids on the Mortgage Loans in 

HCLS 2011–1. 

Freedom of Information Act Requests 

HUD reserves the right, in its sole and 

absolute discretion, to disclose 

information regarding HCLS 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 HCLS 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 HCLS 2011–1 

and does not establish HUD’s policy for 

the sale of other mortgage loans. 

Dated: February 23, 2011. 

David Stevens, 

Assistant Secretary for Housing—Federal 

Housing Commissioner. 

[FR Doc. 2011–4408 Filed 2–28–11; 8:45 am] 

BILLING CODE 4210–67–P 


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