Notice of HUD Vacant Loan Sales (HVLS 2022-1)
| Citation | 86 FR 61773 |
| Record Number | 2021-24294 |
| Published date | 08 November 2021 |
| Section | Notices |
| Court | Housing And Urban Development Department |
61773
Federal Register / Vol. 86, No. 213 / Monday, November 8, 2021 / Notices
and materially affected by the work of
the MHCC have the opportunity for fair
and equitable participation without
dominance by any single interest; and
may reject the appointment of any one
or more individuals in order to ensure
that there is not dominance by any
single interest. For purposes of this
determination, dominance is defined as
a position or exercise of dominant
authority, leadership, or influence by
reason of superior leverage, strength, or
representation.
Additional requirements governing
appointment and member service
include:
(1) Nominees appointed to the User
category, and three of the individuals
appointed to the General Interest and
Public Official category shall not have a
significant financial interest in any
segment of the manufactured housing
industry; or a significant relationship to
any person engaged in the manufactured
housing industry.
(2) Each member serving in the User
category shall be subject to a ban
disallowing compensation from the
manufactured housing industry during
the period of, and during the one year
following, his or her membership on the
MHCC.
(3) Nominees selected for
appointment to the MHCC shall be
required to provide disclosures and
certifications regarding conflict-of-
interest and eligibility for membership
prior to finalizing an appointment.
All selected nominees will be
required to submit certifications of
eligibility under the foregoing criteria as
a prerequisite to final appointment.
Consensus Committee—Advisory Role
The MHCC’s role is to solely advise
the Secretary on the subject matter
described above.
Federal Advisory Committee Act
The MHCC is subject to the
requirements of the Federal Advisory
Committee Act (5 U.S.C. Appendix), 41
CFR parts 101–6 and 102–3 (the FACA
Final Rule), and to the Presidential
Memorandum, dated June 18, 2010,
directing all heads of executive
departments and agencies not to make
any new appointments or
reappointments of federally registered
lobbyists to advisory committees and
other boards and commissions. The June
18, 2010, Presidential Memorandum
authorized the Director of the Office of
Management and Budget (OMB) to issue
guidance to implement this policy. On
August 13, 2014 (79 FR 47482), OMB
issued guidance regarding the
prohibition against appointing or re-
appointing federally registered lobbyists
to clarify that the ban applies to persons
serving on advisory committees, boards,
and commissions in their individual
capacity and does not apply if they are
specifically appointed to represent the
interests of a nongovernmental entity, a
recognizable group of persons or
nongovernmental entities (an industry
sector, labor unions, environmental
groups, etc.), or state or local
governments.
Term of Office
Consensus Committee members serve
at the discretion of the Secretary or for
a three-year term and for up to two
terms.
Nominee Information
Individuals seeking nomination to the
MHCC should submit detailed
information documenting their
qualifications as addressed in the Act
and this Notice. Individuals may
nominate themselves. HUD
recommends that the application form
be accompanied by a resume.
Additional Information
The Department will make
appointments from nominations
submitted in response to this Notice.
Also, individuals that applied earlier
this calendar year do not need to re-
apply; pursuant to this notice those
applications are on file and may be
considered for future appointments.
To be considered for appointment to
a position of an MHCC member whose
term expires in December of 2021 or to
fill any MHCC vacancy that currently
exists, the nomination should be
submitted by December 8, 2021.
Appointments will be made at the
discretion of the Secretary.
Janet Golrick,
Acting Chief of Staff, Office of Housing—
Federal Housing Administration.
[FR Doc. 2021–24333 Filed 11–5–21; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6297–N–01]
Notice of HUD Vacant Loan Sales
(HVLS 2022–1)
AGENCY
: Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, U.S. Department of
Housing and Urban Development
(HUD).
ACTION
: Notice of sales of reverse
mortgage loans.
SUMMARY
: This notice announces HUD’s
intention to competitively offer multiple
residential reverse mortgage pools,
including six multi-loan pools and one
single asset pool, consisting of
approximately 1,700 reverse mortgage
notes secured by vacant properties with
a loan balance of approximately $420
million. The Secretary will prioritize
bids on some of these assets to qualified
non-profit or unit of state or local
government bidders. This notice also
generally describes the bidding process
for the sale and certain persons who are
ineligible to bid. This is the seventh sale
offering of its type and the sale will be
held on December 1, 2021.
DATES
: For this sale action, the Bidder’s
Information Package (BIP) was made
available to qualified bidders on
October 21, 2021. Bids for the HVLS
2022–1 sale will be accepted on the Bid
Date of December 1, 2021 (Bid Date).
HUD anticipates that award(s) will be
made on or about December 3, 2021 (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 in
the announcement posted on the HUD
website: https://www.hud.gov/program_
offices/housing/comp/asset/hsgloan or
on the Program Financial Advisor
(PFA), Falcon Capital Advisors, website:
http://www.falconassetsales.com.
Due to remote work processes during
the COVID–19 National Emergency and
limited access to standard mail,
electronic submission of executed
documents via email at HUDsales@
FalconAssetSales.com is preferred.
Prospective bidders may utilize digital
signatures on the electronically
submitted 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:
Dan Wentworth, 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).
Persons with hearing or speech
impairments may access this number
through TTY by calling the toll-free
Federal Relay at 800–877–8339 (this is
a toll-free number).
SUPPLEMENTARY INFORMATION
: This
notice announces HUD’s intention to
sell in HVLS 2022–1 due and payable
Secretary-held reverse mortgage loans.
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Federal Register / Vol. 86, No. 213 / Monday, November 8, 2021 / Notices
HUD is offering six multiple residential
reverse mortgage pools totaling
approximately 1,700 reverse mortgage
notes with a loan balance of
approximately $420 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. Qualified non-profit
or unit of state or local government
bidders will have the opportunity to bid
on all loans and may receive a priority
bidding opportunity for up to 50 percent
of the loans in five of the multi-loan
pools (Carve-Out Pool).
HUD also intends to include in HVLS
2022–1 a single asset pool for sale
consisting of a reverse mortgage loan
secured by an Illinois multi-unit single-
family property, where there is no
surviving borrower or non-borrowing
spouse but some units are currently
tenant-occupied. This single asset pool
has a loan balance of approximately
$158 thousand. For one of the multi-
loan pools and the single asset pool,
HUD will prioritize bids from non-profit
or unit of state or local government
bidders (each a Priority Pool).
A listing of the mortgage loans will be
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 loan
pools.
The Bidding Process
The BIP describes in detail the
procedure for bidding in HVLS 2022–1.
The BIP also includes a standardized
non-negotiable Conveyance, Assignment
and Assumption Agreement for HVLS
2022–1 (CAA). 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, 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 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 HVLS 2022–1 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 HVLS 2022–1 reverse mortgage
loans 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 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 HVLS 2022–1, HUD has
determined that this method of sale
optimizes HUD’s return on the sale of
these 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 due and
payable mortgage loans.
Bidder Ineligibility
In order to bid in HVLS 2022–1 as a
qualified bidder, a prospective bidder
must complete, execute, and submit
both a Confidentiality Agreement and a
Qualification Statement acceptable to
HUD. In the Qualification Statement,
the prospective bidder must provide
certain representations and warranties
regarding the prospective bidder,
including but not limited to (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 2022–1 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;
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;
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Federal Register / Vol. 86, No. 213 / Monday, November 8, 2021 / Notices
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.
Freedom of Information Act Requests
HUD reserves the right, in its sole and
absolute discretion, to disclose
information regarding HVLS 2022–1,
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 2022–1,
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 2022–1
and does not establish HUD’s policy for
the sale of other mortgage loans.
Janet Golrick,
Acting, Chief of Staff, Office of Housing—
Federal Housing Administration.
[FR Doc. 2021–24294 Filed 11–5–21; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R6–ES–2021–N187;
FXES11130600000]
Endangered and Threatened Wildlife
and Plants; Draft Recovery Plan for
Desert Yellowhead
AGENCY
: Fish and Wildlife Service,
Interior.
ACTION
: Notice of document availability
for review and comment.
SUMMARY
: We, the U.S. Fish and
Wildlife Service, announce the
availability of a draft recovery plan for
desert yellowhead, a plant listed as
threatened under the Endangered
Species Act. We request review and
comment on this draft recovery plan
from Federal, State, Tribal, and local
agencies and the public.
DATES
: We must receive any comments
on the draft recovery plan on or before
January 7, 2022.
ADDRESSES
:
Document availability: Copies of the
draft recovery plan are available at
http://www.fws.gov/endangered/
species/recovery-plans.html and at
https://ecos.fws.gov/ecp/species/7754.
Alternatively, you may request a copy
by U.S. mail from the Wyoming Field
Office; 334 Parsley Blvd., Cheyenne,
WY 82007; or by telephone at 307–772–
2374. Persons who use a
telecommunications device for the deaf
may call the Federal Relay Service at
800–877–8339.
Submitting comments: If you wish to
comment on the draft recovery plan,
you may submit your comments in
writing by email to Tyler Abbott, at
tyler_abbott@fws.gov, or by U.S. mail to
Tyler Abbott, Wyoming Field
Supervisor, at the above U.S. mail
address.
FOR FURTHER INFORMATION CONTACT
:
Tyler Abbott, Wyoming Field
Supervisor, at the above U.S. mail
address or by telephone at 307–772–
2374. Persons who use a
telecommunications device for the deaf
may call the Federal Relay Service at
800–877–8339.
SUPPLEMENTARY INFORMATION
: We, the
U.S. Fish and Wildlife Service (Service),
announce the availability of a draft
recovery plan for desert yellowhead
(Yermo xanthocephalus), a plant listed
as threatened under the Endangered
Species Act, as amended (Act; 16 U.S.C.
1531 et seq.). The draft recovery plan
includes objective, measurable criteria,
and site-specific management actions as
may be necessary to remove the species
from the Federal List of Endangered and
Threatened Plants. We request review
and comment on this draft recovery
plan from Federal, State, Tribal, and
local agencies and the public.
Species Information
On April 15, 2002, we listed desert
yellowhead as a threatened plant
(March 14, 2002; 67 FR 11442). On
April 15, 2004, we designated
approximately 360 acres (ac) (146
hectares (ha)) of critical habitat (March
16, 2004; 69 FR 12278).
Desert yellowhead is the only member
of a monotypic genus. It is an endemic,
herbaceous, perennial plant, with two
known populations in Fremont County,
Wyoming—Sand Draw and Cedar Rim.
The two populations are approximately
5 miles (mi) (8 kilometers (km)) apart.
New plants establish from seed or
ramet, grow for multiple years before
flowering, and may subsequently have
years in which no flower production
occurs (Doak et al. 2016, p. 4). This
species is likely pollinated by visually
oriented insects attracted to its bright
yellow disk flowers and bracts (Dorn
1991, pp. 198–201). The two
populations are found in sparsely
vegetated cover at approximately 6,750
feet (ft) (2,057 meters (m)) for Sand
Draw and 7,080 ft (2,158 m) for Cedar
Rim.
We do not know the historical
distribution of desert yellowhead.
Currently, the total area occupied by the
two populations is approximately 11.9
ac (4.8 ha). Both populations are located
on lands administered by the Bureau of
Land Management (BLM). Only the
Sand Draw population occurs within
designated critical habitat; the Cedar
Rim population was not discovered
until 2010, after critical habitat had
been designated. Due to the variability
of monitoring methods employed in
different years, it is difficult to evaluate
abundance trends; however,
populations appear relatively stable.
The primary threat to desert
yellowhead identified at the time of
listing was mineral development, and
secondary threats included invasive
plants; grazing and trampling by
livestock, wild horses, and ungulates;
off-road vehicle recreation; deliberate
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