81 FR 62165 - Notice of Single Family Loan Sales (SFLS 2016-2)

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 81, Issue 174 (September 8, 2016)

Page Range		62165-62166
FR Document		2016-21661

This notice announces HUD's intention to competitively sell certain unsubsidized single family mortgage loans, in a sealed bid sale offering called SFLS 2016-2, without Federal Housing Administration (FHA) mortgage insurance. This notice also generally describes the bidding process for the sale and certain persons who are ineligible to bid. This is the second sale offering of its type in Fiscal Year (FY) 2016 and the sale will be held on September 14, 2016.

Federal Register, Volume 81 Issue 174 (Thursday, September 8, 2016)

[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Notices]
[Pages 62165-62166]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-21661]

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5903-N-02]

Notice of Single Family Loan Sales (SFLS 2016-2)

AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.

ACTION: Notice of sales of mortgage loans.

-----------------------------------------------------------------------

SUMMARY: This notice announces HUD's intention to competitively sell
certain unsubsidized single family mortgage loans, in a sealed bid sale
offering called SFLS 2016-2, without Federal Housing Administration
(FHA) mortgage insurance. This notice also generally describes the
bidding process for the sale and certain persons who are ineligible to
bid. This is the second sale offering of its type in Fiscal Year (FY)
2016 and the sale will be held on September 14, 2016.

DATES: For this sale action, the Bidder's Information Package (BIP) is
expected to be made available to qualified bidders on or about August
15, 2016. Bids for the 2016-2 sale will be accepted on the Bid Date of
September 14, 2016 (Bid Date). HUD anticipates that award(s) will be
made on or about September 15, 2016 (the Award Date).

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.verdiassetsales.com. Please
mail and fax executed documents to Verdi Consulting, Inc.: Verdi
Consulting, Inc. 8400 Westpark Drive, 4th Floor, McLean, VA 22102,
Attention: HUD SFLS Loan Sale Coordinator, Fax: 1-703-584-7790.

FOR FURTHER INFORMATION CONTACT: John Lucey, 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
2016-2 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 in two pool types. The Department will
offer national loan pools for bid and will also offer regionally-based
pools, with additional purchaser requirements, that are called the
Neighborhood Stabilization Outcome pools. Some of these Neighborhood
Stabilization Outcome pools will be designated for bidding by qualified
non-profit or unit of local government entities only. These pools will
be geographically concentrated. Qualified non-profit bidders will also
have the opportunity to bid on up to 5% of the loans in a designated
national pool.

The Bidding Process

The BIP describes in detail the procedure for bidding in SFLS 2016-
2. 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.
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 2016-2 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 SFLS 2016-2 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 SFLS
2016-2, 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

In order to bid in SFLS 2016-2 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. In the Qualification
Statement, the prospective bidder must provide certain representations
and warranties regarding (i) a prospective bidder, (ii) a prospective
bidder's board of directors, (iii) a prospective bidder's direct
parent, (iii) a prospective bidder's

[[Page 62166]]

subsidiaries, and (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 (``Related Entities''), and (v) a prospective bidder's
repurchase lenders. The prospective bidder is ineligible to bid on any
of the Mortgage Loans included in SFLS if the prospective bidder, its
Related Entities or its repurchase lenders, is any of the following,
unless other exceptions apply as provided for the in 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 a
past sale;
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;
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 that knowingly uses the services,
directly or indirectly, of any person or entity ineligible under 1
through 11 to assist in preparing any of its bids on the Mortgage
Loans;
10. 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
11. A Participating Servicer that contributed Mortgage Loans to a
pool on which the Bidder is placing a bid.
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 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
Mortgage Loan or on the pool containing such Mortgage Loan because it
is an entity or individual that:
(a) Serviced or held any Mortgage Loan at any time during the two-
year 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 two-year 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 Mortgage Loan.

Freedom of Information Act Requests

HUD reserves the right, in its sole and absolute discretion, to
disclose information regarding SFLS 2016-2, 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 2016-2, 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 2016-2 and does not establish HUD's
policy for the sale of other mortgage loans.

Dated: September 1, 2016.
Edward L. Golding,
Principal Deputy Assistant Secretary for Housing.
[FR Doc. 2016-21661 Filed 9-7-16; 8:45 am]
BILLING CODE 4210-67-P

Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Notices 62165

burden associated with this collection Urban Development, 451 Seventh Street Due Diligence Review
from 156,170 hours annually to 176,029 SW., Washington, DC 20410–8000; The BIP describes how qualified
hours a year. This is an adjustment and telephone 202–708–2625, extension bidders may access the due diligence
is due to an increase in the annual boat 3927. Hearing- or speech-impaired materials remotely via a high-speed
sales volume. individuals may call 202–708–4594 Internet connection.
Authority: The Paperwork Reduction Act (TTY). These are not toll-free numbers.
of 1995; 44 U.S.C. chapter 35, as amended.
Mortgage Loan Sale Policy
SUPPLEMENTARY INFORMATION: HUD
HUD reserves the right to remove
Marilyn Scott-Perez, announces its intention to sell in SFLS
Mortgage Loans from SFLS 2016–2 at
U.S. Coast Guard, Acting Deputy Chief 2016–2 certain unsubsidized non-
any time prior to the Award Date. HUD
Information Officer. performing mortgage loans (Mortgage
also reserves the right to reject any and
[FR Doc. 2016–21548 Filed 9–7–16; 8:45 am] Loans) secured by single family all bids, in whole or in part, and include
BILLING CODE 9110–04–P properties located throughout the any Mortgage Loans in a later sale.
United States. A listing of the Mortgage Deliveries of Mortgage Loans will occur
Loans is included in the due diligence in at least two monthly settlements and
DEPARTMENT OF HOUSING AND materials made available to qualified the number of Mortgage Loans delivered
URBAN DEVELOPMENT bidders. The Mortgage Loans will be will vary depending upon the number of
sold without FHA insurance and with Mortgage Loans the Participating
[Docket No. FR–5903–N–02]
servicing released. HUD will offer Servicers have submitted for the
Notice of Single Family Loan Sales qualified bidders an opportunity to bid payment of an FHA insurance claim.
(SFLS 2016–2) competitively on the Mortgage Loans. The Participating Servicers will not be
The Loans will be offered in two pool able to submit claims on loans that are
AGENCY: Office of the Assistant types. The Department will offer not included in the Mortgage Loan
Secretary for Housing—Federal Housing national loan pools for bid and will also Portfolio set forth in the BIP. There can
Commissioner, HUD. offer regionally-based pools, with be no assurance that any Participating
ACTION: Notice of sales of mortgage additional purchaser requirements, that Servicer will deliver a minimum
loans. are called the Neighborhood number of Mortgage Loans to HUD or
Stabilization Outcome pools. Some of that a minimum number of Mortgage
SUMMARY: This notice announces HUD’s Loans will be delivered to the
these Neighborhood Stabilization
intention to competitively sell certain Purchaser.
Outcome pools will be designated for
unsubsidized single family mortgage The SFLS 2016–2 Mortgage Loans are
bidding by qualified non-profit or unit
loans, in a sealed bid sale offering called assigned to HUD pursuant to section
of local government entities only. These
SFLS 2016–2, without Federal Housing 204(a)(1)(A) of the National Housing Act
pools will be geographically
Administration (FHA) mortgage as amended under Title VI of the
concentrated. Qualified non-profit
insurance. This notice also generally Departments of Veterans Affairs and
bidders will also have the opportunity
describes the bidding process for the Housing and Urban Development and
sale and certain persons who are to bid on up to 5% of the loans in a
designated national pool. Independent Agencies Appropriations
ineligible to bid. This is the second sale Act, 1999. The sale of the Mortgage
offering of its type in Fiscal Year (FY) The Bidding Process Loans is pursuant to section 204(g) of
2016 and the sale will be held on the National Housing Act.
September 14, 2016. The BIP describes in detail the
procedure for bidding in SFLS 2016–2. Mortgage Loan Sale Procedure
DATES: For this sale action, the Bidder’s
Information Package (BIP) is expected to The BIP also includes a standardized HUD selected an open competitive
be made available to qualified bidders non-negotiable Conveyance, Assignment whole-loan sale as the method to sell
on or about August 15, 2016. Bids for and Assumption Agreement (CAA the Mortgage Loans for this specific sale
the 2016–2 sale will be accepted on the Agreement). Qualified bidders will be transaction. For SFLS 2016–2, HUD has
Bid Date of September 14, 2016 (Bid required to submit a deposit with their determined that this method of sale
Date). HUD anticipates that award(s) bid. Deposits are calculated based upon optimizes HUD’s return on the sale of
will be made on or about September 15, each qualified bidder’s aggregate bid these Mortgage Loans, affords the
2016 (the Award Date). price. greatest opportunity for all qualified
bidders to bid on the Mortgage Loans,
ADDRESSES: To become a qualified HUD will evaluate the bids submitted
and provides the quickest and most
bidder and receive the BIP, prospective and determine the successful bid, in
efficient vehicle for HUD to dispose of
bidders must complete, execute, and terms of the best value to HUD, in its
the Mortgage Loans.
submit a Confidentiality Agreement and sole and absolute discretion. If a
a Qualification Statement acceptable to qualified bidder is successful, the Bidder Ineligibility
HUD. Both documents are available via qualified bidder’s deposit will be non- In order to bid in SFLS 2016–2 as a
the HUD Web site at: http:// refundable and will be applied toward qualified bidder, a prospective bidder
www.hud.gov/sfloansales or via: http:// the purchase price. Deposits will be must complete, execute and submit both
www.verdiassetsales.com. Please mail returned to unsuccessful bidders. a Confidentiality Agreement and a
and fax executed documents to Verdi This notice provides some of the basic Qualification Statement acceptable to
Consulting, Inc.: Verdi Consulting, Inc. terms of sale. The CAA Agreement, HUD and applicable to the loan pool
mstockstill on DSK3G9T082PROD with NOTICES

8400 Westpark Drive, 4th Floor, which is included in the BIP, provides being purchased. In the Qualification
McLean, VA 22102, Attention: HUD comprehensive contractual terms and Statement, the prospective bidder must
SFLS Loan Sale Coordinator, Fax: 1– conditions. To ensure a competitive provide certain representations and
703–584–7790. bidding process, the terms of the warranties regarding (i) a prospective
FOR FURTHER INFORMATION CONTACT: John bidding process and the CAA bidder, (ii) a prospective bidder’s board
Lucey, Director, Asset Sales Office, Agreement are not subject to of directors, (iii) a prospective bidder’s
Room 3136, Department of Housing and negotiation. direct parent, (iii) a prospective bidder’s

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62166 Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Notices

subsidiaries, and (iv) any related entity agent, employee, partner, director, or identity of any successful qualified
with which the prospective bidder principal of any of the foregoing) who bidder and its bid price or bid
shares a common officer, director, performed services for or on behalf of percentage for any pool of loans or
subcontractor or sub-contractor who has HUD in connection with the sale; individual loan, upon the closing of the
access to Confidential Information as 8. An individual or entity that sale of all the Mortgage Loans. Even if
defined in the Confidentiality knowingly acquired or will acquire HUD elects not to publicly disclose any
Agreement or is involved in the prior to the sale date material non- information relating to SFLS 2016–2,
formation of a bid transaction (‘‘Related public information, other than that HUD will disclose any information that
Entities’’), and (v) a prospective bidder’s information which is made available to HUD is obligated to disclose pursuant to
repurchase lenders. The prospective Bidder by HUD pursuant to the terms of the Freedom of Information Act and all
bidder is ineligible to bid on any of the this Qualification Statement, about regulations promulgated thereunder.
Mortgage Loans included in SFLS if the Mortgage Loans offered in the sale;
prospective bidder, its Related Entities 9. An individual or entity that Scope of Notice
or its repurchase lenders, is any of the knowingly uses the services, directly or This notice applies to SFLS 2016–2
following, unless other exceptions apply indirectly, of any person or entity and does not establish HUD’s policy for
as provided for the in Qualification ineligible under 1 through 11 to assist the sale of other mortgage loans.
Statement. in preparing any of its bids on the Dated: September 1, 2016.
1. An individual or entity that is Mortgage Loans; Edward L. Golding,
currently debarred, suspended, or 10. An individual or entity which
Principal Deputy Assistant Secretary for
excluded from doing business with knowingly employs or uses the services Housing.
HUD pursuant to the Governmentwide of an employee of HUD’s Office of
[FR Doc. 2016–21661 Filed 9–7–16; 8:45 am]
Suspension and Debarment regulations Housing (other than in such employee’s
BILLING CODE 4210–67–P
at 2 CFR parts 180 and 2424; official capacity); or
2. An individual or entity that is 11. A Participating Servicer that
currently suspended, debarred or contributed Mortgage Loans to a pool on DEPARTMENT OF HOUSING AND
otherwise restricted by any department which the Bidder is placing a bid. URBAN DEVELOPMENT
or agency of the federal government or The Qualification Statement has
of a state government from doing additional representations and [Docket No. FR–5909–C–64]
business with such department or warranties which the prospective bidder
agency; must make, including but not limited to 30-Day Notice of Proposed Information
3. An individual or entity that is the representation and warranty that the Collection: Application for Community
currently debarred, suspended, or prospective bidder or its Related Compass TA and Capacity Building
excluded from doing mortgage related Entities are not and will not knowingly Program NOFA
business, including having a business use the services, directly or indirectly, AGENCY: Office of the Chief Information
license suspended, surrendered or of any person or entity that is, any of the Officer, HUD.
revoked, by any federal, state or local following (and to the extent that any ACTION: Correction.
government agency, division or such individual or entity would prevent
department; Bidder from making the following SUMMARY: On August 30, 2016, at 81 FR
4. An entity that has had its right to representations, such individual or 59649, HUD published the proposed
act as a Government National Mortgage entity has been removed from information collection requirement
Association (‘‘Ginnie Mae’’) issuer participation in all activities related to described below to the Office of
terminated and its interest in mortgages this sale and has no ability to influence Management and Budget (OMB) for
backing Ginnie Mae mortgage-backed or control individuals involved in review, in accordance with the
securities extinguished by Ginnie Mae; formation of a bid for this sale): Paperwork Reduction Act. The purpose
5. An individual or entity that is in (1) An entity or individual is of this notice is to allow for an
violation of its neighborhood stabilizing ineligible to bid on any included additional 30 days of public comment.
outcome obligations or post-sale Mortgage Loan or on the pool containing This correction is updating the burden
reporting requirements under a such Mortgage Loan because it is an chart with the accurate calculation of
Conveyance, Assignment and entity or individual that: burden hours.
Assumption Agreement executed for a (a) Serviced or held any Mortgage DATES: Comments Due Date: October 11,
past sale; Loan at any time during the two-year 2016.
6. An employee of HUD’s Office of period prior to the bid, or ADDRESSES: Interested persons are
Housing, a member of such employee’s (b) is any principal of any entity or
household, or an entity owned or invited to submit comments regarding
individual described in the preceding this proposal. Comments should refer to
controlled by any such employee or sentence;
member of such an employee’s the proposal by name and/or OMB
(c) any employee or subcontractor of
household with household to be Control Number and should be sent to:
such entity or individual during that
inclusive of the employee’s father, HUD Desk Officer, Office of
two-year period; or
mother, stepfather, stepmother, brother, Management and Budget, New
(d) any entity or individual that
sister, stepbrother, stepsister, son, Executive Office Building, Washington,
employs or uses the services of any
daughter, stepson, stepdaughter, DC 20503; fax: 202–395–5806. Email:
other entity or individual described in
grandparent, grandson, granddaughter, OIRA_Submission@omb.eop.gov.
mstockstill on DSK3G9T082PROD with NOTICES

this paragraph in preparing its bid on
father-in-law, mother-in-law, brother-in- such Mortgage Loan. FOR FURTHER INFORMATION CONTACT:
law, sister-in-law, son-in-law, daughter- Anna P. Guido, Reports Management
in-law, first cousin, the spouse of any of Freedom of Information Act Requests Officer, QMAC, Department of Housing
the foregoing, and the employee’s HUD reserves the right, in its sole and and Urban Development, 451 7th Street
spouse; absolute discretion, to disclose SW., Washington, DC 20410; email
7. A contractor, subcontractor and/or information regarding SFLS 2016–2, Anna P. Guido at Anna.P.Guido@
consultant or advisor (including any including, but not limited to, the hud.gov or telephone 202–402–5535.

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Document Created: 2018-02-09 13:12:41
Document Modified: 2018-02-09 13:12:41

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of sales of mortgage loans.
Dates		For this sale action, the Bidder's Information Package (BIP) is expected to be made available to qualified bidders on or about August 15, 2016. Bids for the 2016-2 sale will be accepted on the Bid Date of September 14, 2016 (Bid Date). HUD anticipates that award(s) will be made on or about September 15, 2016 (the Award Date).
Contact		John Lucey, 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.
FR Citation		81 FR 62165