Notice2023-09871
Notice of HUD Vacant Loan Sales (HVLS 2023-1)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 10, 2023
Issuing agencies
Housing and Urban Development Department
Abstract
This notice announces HUD's intention to competitively offer approximately 1,237 reverse mortgage notes secured by vacant properties with a loan balance of approximately $318 million. The sale will consist of due and payable Secretary-held reverse mortgage loans. The mortgage loans consist of first liens secured by single family, vacant residential properties, where all borrowers are deceased, and no borrower is survived by a non-borrowing spouse. The Secretary will prioritize up to 50 percent of the offered assets for award to nonprofit organizations or governmental entity bidders with a documented housing mission. This notice also generally describes the bidding process for the sale and certain entities who are ineligible to bid. This is the tenth sale offering of its type and will be held on May 23, 2023.
Full Text
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<title>Federal Register, Volume 88 Issue 90 (Wednesday, May 10, 2023)</title>
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[Federal Register Volume 88, Number 90 (Wednesday, May 10, 2023)]
[Notices]
[Pages 30150-30152]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09871]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR 6396-N-01]
Notice of HUD Vacant Loan Sales (HVLS 2023-1)
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, Department of Housing and Urban Development (HUD).
ACTION: Notice.
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SUMMARY: This notice announces HUD's intention to competitively offer
approximately 1,237 reverse mortgage notes secured by vacant properties
with a loan balance of approximately $318 million. The sale will
consist of due and payable Secretary-held reverse mortgage loans. The
mortgage loans consist of first liens secured by single family, vacant
residential properties, where all borrowers are deceased, and no
borrower is survived by a non-borrowing spouse. The Secretary will
prioritize up to 50 percent of the offered assets for award to
nonprofit organizations or governmental entity bidders with a
documented housing mission. This notice also generally describes the
bidding process for the sale and certain entities who are ineligible to
bid. This is the tenth sale offering of its type and will be held on
May 23, 2023.
DATES: For this sale action, the Bidder's Information Package (BIP)
will be made available to qualified bidders on or about April 24, 2023.
Bids for the HVLS 2023-1 sale will be accepted on the Bid Date of May
23, 2023 prior to 12:00 ET (Bid Date). HUD anticipates that award(s)
will be made on or about May 25, 2023 (the Award Date).
ADDRESSES: To become an eligible bidder and receive the BIP for the May
sale, prospective bidders must complete, execute, and submit a
Confidentiality Agreement and Qualification Statement acceptable to
HUD. The documents will be available in preview form with free login on
the Transaction Specialist (TS), Falcon Capital Advisors, website:
<a href="http://www.falconassetsales.com">http://www.falconassetsales.com</a>. This website contains information and
links to register for the sale and electronically complete and submit
documents.
If you do not submit electronically, please submit executed
documents via mail or facsimile to Falcon Capital Advisors: Falcon
Capital Advisors, 427 N Lee Street, Alexandria, VA 22314, Attention:
Glenn Ervin, HUD HVLS Loan Sale Coordinator. eFax: 1-202-393-4125.
FOR FURTHER INFORMATION CONTACT: John Lucey, Director, Office of Asset
Sales, Room 3136, Department of Housing and Urban Development, 451
Seventh Street SW, Washington, DC 20410-8000; telephone 202-708-2625,
extension 3927 (this is not a toll-free number). HUD welcomes and is
prepared to receive calls from individuals who are deaf or hard of
hearing, as well as individuals with speech or communication
disabilities. To learn more about how to make an accessible telephone
call, please visit: https://
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www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.
SUPPLEMENTARY INFORMATION: This notice announces HUD's intention to
sell in HVLS 2023-1 due and payable Secretary-held reverse mortgage
loans. HUD is offering 1,237 reverse mortgage notes with a loan balance
of approximately $318 million. The mortgage loans consist of first
liens secured by single family, vacant residential properties, where
all borrowers are deceased, and no borrower is survived by a non-
borrowing spouse.
A listing of the mortgage loans will be included in the due
diligence materials made available to eligible bidders. The mortgage
loans will be sold without FHA insurance and with servicing released.
HUD will offer eligible bidders an opportunity to bid competitively on
the mortgage loans.
The Bidding Process
The BIP describes in detail the procedure for bidding in HVLS 2023-
1. The BIP also includes a standardized non-negotiable Conveyance,
Assignment and Assumption Agreement for HVLS 2023-1 (CAA). The CAA will
contain first look requirements and mission outcome goals.
HUD will evaluate the bids submitted and determine the successful
bids, in terms of the best value to HUD, in its sole and absolute
discretion. If a bidder is successful, it will be required to submit a
deposit which will be calculated based upon the total dollar value of
the bidder's potential award. Award will be contingent on receiving the
deposit in the timeframe outlined in the deposit letter. The deposit
amount will be applied towards the purchase price at settlement.
This notice provides some of the basic terms of sale. The CAA will
be released in the BIP or BIP Supplement, as applicable. These
documents provide comprehensive contractual terms and conditions to
which eligible bidders will acknowledge and agree. To ensure a
competitive bidding process, the terms of the bidding process and the
CAA are not subject to negotiation.
Due Diligence Review
The BIP describes how eligible 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 a sale at any
time prior to the Award Date and the settlement date for the mortgage
loans. HUD also reserves the right to reject any and all bids, in whole
or in part, and include any reverse mortgage loans in a later sale.
Deliveries of mortgage loans will occur in conjunction with settlement
and servicing transfer no later than 60 days after the Award Date.
The reverse mortgage loans offered for sale were insured by and
were assigned to HUD pursuant to section 255 of the National Housing
Act, as amended. The sale of the reverse mortgage loans is pursuant to
HUD's authority in 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 reverse mortgage loans for this specific sale transaction. For
the HVLS 2023-1 sale, HUD has determined that this method of sale
optimizes HUD's return on the sale of these reverse mortgage loans,
affords the greatest opportunity for all eligible bidders to bid on the
reverse mortgage loans, and provides the quickest and most efficient
vehicle for HUD to dispose of the due and payable reverse mortgage
loans.
Bidder Ineligibility
In order to bid in HVLS 2023-1 as an eligible bidder, a prospective
bidder must complete, execute, and submit a Confidentiality Agreement,
a Qualification Statement (HUD-9611), and an Addendum for Nonprofit and
Government Pools and Sub-pools (HUD-9612), as applicable (collectively,
for these bidders, the Qualification Statement (HUD-9611) and Addendum
for Nonprofit and Government Pools and Sub-pools (HUD-9612), as
applicable, shall be defined as the Qualification Statement) that is
acceptable to HUD. Eligible bidders seeking to be awarded loans on a
priority basis must submit the Confidentiality Agreement, Qualification
Statement (HUD-9611), and Addendum for Nonprofit and Government Pools
and Sub-pools (HUD-9612), and Housing Mission Supplemental
Certification (collectively, for these bidders, the Qualification
Statement (HUD-9611) and Addendum for Nonprofit and Government Pools
and Sub-pools (HUD-9612), and Housing Mission Supplemental
Certification shall be defined as the Qualification Statement), that is
acceptable to HUD. In the Qualification Statement, the prospective
bidder must provide certain representations and warranties regarding
the prospective bidder, including (i) the prospective bidder's board of
directors, (ii) the prospective bidder's direct parent, (iii) the
prospective bidder's subsidiaries, (iv) any related entity with which
the prospective bidder shares a common officer, director, subcontractor
or sub-contractor who has access to Confidential Information as defined
in the Confidentiality Agreement or is involved in the formation of a
bid transaction (collectively the ``Related Entities''), and (v) the
prospective bidder's repurchase lenders. The prospective bidder is
ineligible to bid on any of the reverse mortgage loans included in HVLS
2023-1 if the prospective bidder, its Related Entities, or its
repurchase lenders, are any of the following, unless other exceptions
apply as provided for in the Qualification Statement.
1. 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 2 CFR parts 180 and 2424;
2. An individual or entity that is currently 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. An individual or entity that is currently 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. An entity that has had its right to act as a Government National
Mortgage Association (``Ginnie Mae'') issuer terminated and its
interest in mortgages backing Ginnie Mae mortgage-backed securities
extinguished by Ginnie Mae;
5. An individual or entity that is in violation of its neighborhood
stabilizing outcome obligations or post-sale reporting requirements
under a Conveyance, Assignment and Assumption Agreement executed for
any previous mortgage loan sale of HUD;
6. An employee of HUD's Office of Housing, 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;
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7. A contractor, subcontractor, and/or consultant or advisor
(including any agent, employee, partner, director, or principal of any
of the foregoing) who performed services for or on behalf of HUD in
connection with the sale;
8. An individual or entity that knowingly acquired or will acquire
prior to the sale date material non-public information, other than that
information which is made available to Bidder by HUD pursuant to the
terms of this Qualification Statement, about mortgage loans offered in
the sale;
9. An individual or entity which knowingly employs or uses the
services of an employee of HUD's Office of Housing (other than in such
employee's official capacity); or
10. An individual or entity that knowingly uses the services,
directly or indirectly, of any person or entity ineligible under 1
through 10 to assist in preparing any of its bids on the mortgage
loans.
The Qualification Statement has additional representations and
warranties which the prospective bidder must make, including but not
limited to the representation and warranty that the prospective bidder
or its Related Entities are not and will not knowingly use the
services, directly or indirectly, of any person or entity that is, any
of the following (and to the extent that any such individual or entity
would prevent the prospective bidder from making the following
representations, such individual or entity has been removed from
participation in all activities related to this sale and has no ability
to influence or control individuals involved in formation of a bid for
this sale):
(1) An entity or individual is ineligible to bid on any included
reverse mortgage loan or on the pool containing such reverse mortgage
loan because it is an entity or individual that:
(a) Serviced or held such reverse mortgage loan at any time during
the six-month period prior to the bid, or
(b) Is any principal of any entity or individual described in the
preceding sentence;
(c) Any employee or subcontractor of such entity or individual
during that six-month period; or
(d) 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 reverse mortgage loan.
In addition, for those eligible bidders seeking to be awarded
mortgage loans on a priority basis and signing the Housing Mission
Supplemental Certification, each prospective bidder must provide
documentation and certify that its charitable or government purpose has
a qualifying housing mission and that its participation in the sale is
a furtherance of that housing mission.
Freedom of Information Act Requests
HUD reserves the right, in its sole and absolute discretion, to
disclose information regarding HVLS 2023-1, 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 HVLS 2023-1, 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 HVLS 2023-1 and does not establish HUD's
policy for the sale of other mortgage loans.
Julia R. Gordon,
Assistant Secretary for Housing FHA Commissioner.
[FR Doc. 2023-09871 Filed 5-9-23; 8:45 am]
BILLING CODE 4210-67-P
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</html>Indexed from Federal Register on May 10, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.