Unsubsidized Bid Kit
U. S. Department of Housing and Urban Development
Multifamily Property Disposition
307 W. 7th Street, Suite 1000
Fort Worth, TX 76102
FORECLOSURE SALE
The following property is offered for sale at foreclosure in the
manner specified below:
Name:
Address:
No. of Units/Type:
Subsidized/Unsubsidized:
Use Restrictions:
Special Conditions/Announcements:
Written bids will be accepted no later than two (2) business days prior to the date of the Foreclosure
Sale. Mail bids to
by
20 , at
(local time).
Oral Bids will be accepted on the day of the foreclosure. The Foreclosure Sale will commence promptly
at (local time) on
20 , at
Purchaser to determine future use
N/A
Linkon PLLC, 611 97th PL SE, Bellevue, WA 98004
March 29,
11:00 am
11:00 am
the Ventura County Government Center, at the main
janet.k.osterloh@HUD.gov (preferred contact)
Warwick House
1077 Warwick Avenue, Thousand Oaks, CA 91360-3605
6 Unit Former Group Home
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entrance to the Government Center Hall of Justice, 800 S. Victoria Avenue, Ventura, CA 93009 (to the right
of the main entrance, near the exit doors and pay telephones of the Government Center Hall of Justice)
Realty Specialist Contact Information:
Ms. Janet Osterloh
Multifamily Property Disposition, 6AHMLAT
307 W. 7th Street, Suite 1000
Fort Worth, Texas 76102
817-978-5656
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INVITATION TO BID
Consistent with and subject to the terms and conditions herein, there is an opportunity to make an
offer to purchase the Project, more particularly described below. This document, titled Invitation
to Bid, sometimes referred to herein as the “Invitation,” and commonly known as the “Bid Kit,”
sets forth the terms and conditions for the submission of a bid to acquire the Project at the
foreclosure sale of the Project. This Invitation also includes information concerning Previous
Participation Certification requirements, terms, conditions, and a list of the forms necessary to
submit a complete, responsive bid.
DEFINITIONS
1. Act: The Multifamily Mortgage Foreclosure Act, 12 U.S.C. §3701-17, as amended.
2. Acknowledgment: The contract executed at the Foreclosure Sale by the High Bidder,
obligation the High Bidder to the terms and conditions of the Foreclosure Sale. The form
is attached to this Invitation as Attachment B.
3. Affiliate: An individual or entity as defined in 2 C.F.R. §180.905 - Affiliate. An individual
or entity is an affiliate of each other if, directly or indirectly, when either one controls or
has the power to control the other or a third person controls or has the power to control
both. The ways HUD may determine control include, but are not limited to, (a) interlocking
management or ownership; (b) identity of interests among family members; (c) shared
facilities and equipment; (d) common use of employees; or (e) a business entity which has
been organized following the exclusion of a person which has the same or similar
management, ownership, or principal employees as the excluded person. Affiliates of the
defaulting borrower are prohibited from being the High Bidder.
4. Approved High Bidder: The High Bidder who, after the Foreclosure Sale, submits the Post-
Bid Documents, demonstrates its eligibility to purchase the Property, and is approved by
HUD to proceed to Closing.
5. Balance: The amount of money the High Bidder must pay at Closing. Balance is calculated
by taking the High Bid amount less the Earnest Money Deposit plus all initial deposits to
escrows and/or reserve accounts HUD may require as a condition of sale, less the proration
of any Extension Fees and any outstanding encumbrance that survived the Foreclosure.
Funds shall be paid only in the form of certified funds or cashier’s check made payable to:
THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
6. Bidder: An individual or entity that meets the eligibility requirement of this Invitation and
registers with the Foreclosure Commissioner.
7. Bid: A legal offer from a Bidder of a certain amount to purchase the Property, submitted to
the Foreclosure Commissioner either; (1) in writing two business days prior to the sale, or
(2) orally during the Foreclosure Sale. No offers submitted via email, facsimile, orally to
HUD staff prior to, during, or after the Foreclosure Sale will be considered valid bids.
8. Closing: The date where the obligations of HUD and High Bidder in the Acknowledgment
are completed, including the transfer of title to the Property and the personal property to
the High Bidder, which shall take place at a time specified by HUD.
9. Controlling Participants: Any individual and entity HUD determines to exercise financial or
operational control over the owner, operator, borrower, management agent, landlord,
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construction manager, and general contractor. See 24 CFR §200.212 and §200.216.
10. Earnest Money Deposit: The amount identified in Section III, Subsection 4, that a Bidder
must provide during the Foreclosure Sale to be eligible to submit a Bid.
11. Electronic Registration: Electronic Registration refers to the Business Partner
Registration system HUD uses to register all new partners we do business with. Through
this system, a partner can register to do business with HUD, submit their Form HUD
2530, and obtain a WASS User ID to enable the processing and receipt of subsidies,
including Section 8 vouchers for relocations. Please refer to Section II (4), Section IV
(1)(a) & (b), and Section V (5).
12. Extension Fees: A fee HUD assesses when the High Bidder requests an Extension Period
for Closing. If authorized, the Approved High Bidder must pay for the entire Extension
Period, the amount of which HUD determines, consistent with current policies and
procedures.
13. Extension Period: An additional thirty (30) calendar day period that HUD may give for the
Closing to occur.
14. Foreclosure Commissioner: An individual or entity HUD designates to conduct the
Foreclosure Sale, pursuant to 12 U.S.C. §3704 and 24 C.F.R. §27.10. A Foreclosure
Commissioner is designated for each sale due to varying circumstances.
15. Foreclosure Deed: A no warranty deed that gives the High Bidder title to the Property.
Form of the deed must comply with the Act.
16. Foreclosure Sale: Sale of the Property pursuant to 12 U.S.C. §3710.
17. High Bid: The highest responsive bid amount received by the Foreclosure Commissioner
at the Foreclosure Sale.
18. High Bidder: The bidder at Foreclosure Sale that submits the highest responsive bid amount
to the Foreclosure Commissioner.
19. Invitation: This Invitation to Bid including all the accompanying exhibits, which sets forth
he terms and conditions of the sale of the Property at the Foreclosure Sale and includes
information about the documents and actions necessary to submit a complete and
responsive bid and for HUD to approve a bidder as qualified.
20. Owner: The individual or entity that owns the Property after Closing. The terms Owner,
High Bidder, and Approved High Bidder often refer to the same individual or entity, but
are used separately to designate the point of the Foreclosure Sale.
21. Previous Participation Certification: This Certification is often referred to its form number,
Form HUD-2530 or e-2530, as required pursuant to HUD Notice H 2016-15 Processing
Guide for Previous Participation Reviews of Prospective Multifamily Housing and
Healthcare Programs’ Participants. Any Controlling Participant who is engaged to do
business with HUD is required to submit this form either electronically or a paper copy,
and receive an approval prior to conducting business with HUD. The Previous Participation
Certification form is part of an application used to disclose current and previous property
ownership and management experience to HUD.
22. Post-Bid Documents: All documents, statements, and forms listed in the Invitation that must
be submitted by the High Bidder and its principals and management company, if any, in
order to be considered for HUD-approval.
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23. Post-Closing Repairs: All HUD-required repair and/or rehabilitation work that the
Approved High Bidder/Owner must perform after Closing in a workmanlike manner, and
compliant with state and local codes, laws, ordinances, regulations, and HUD’s Physical
Condition Standards found in 24 C.F.R. § 5.703. If Post-Closing Repairs are required, this
information will be disclosed in the attachments to this Invitation, with a list of HUD-
required repairs on Form HUD-9552. HUD has estimated the cost of these repairs. Actual
costs ultimately incurred by the Approved High Bidder/Owner may be more or less than
the estimates.
24. Principal: (a) an officer, director, owner, partner, principal investigator, or other person
within an entity with management or supervisory responsibilities related to a covered
transaction; or (b) a consultant or other person, whether or not employed by the participant
or paid with Federal funds, who (1) is in a position to handle Federal funds; (2) is in a
position to influence or control the use of those funds; or, (3) occupies a technical or
professional position capable of substantially influencing the development or outcome of
an activity required to perform the covered transaction; or (c) a person who has a critical
influence on, or substantive control over, a covered transaction, whether or not employed
by the participant. For a complete definition, see 2 C.F.R. §180.995 – Principal, as
supplemented by 2 C.F.R. §2424.995.
25. Property (aka Project): The multifamily housing property for sale in this Invitation and all
real and personal property appurtenant thereto.
26. Property Summary: Attachment A to the Invitation that contains summarized
information about the Property and contact information for the Realty Specialist.
The information contained therein is intended to help Bidders perform due diligence
and is the extent of information that HUD will give about the Property
27. Realty Specialist: HUD staff member, identified on the cover page and the Property
Summary, who can be contacted concerning the Property or the Foreclosure Sale.
28. Second High Bidder: The responsive Bidder with the second highest Bid at the
Foreclosure Sale. If sale to the High Bidder is not completed, HUD may contact the
Second High Bidder to accept its Bid.
29. Use Agreement: The Foreclosure Sale Use Agreement, if applicable, will be attached to
this Invitation. The Approved High Bidder will execute at Closing, and which will run
with the land to bind the Owner and any permitted successors and assigns, to purchase
and/or manage the Property. This may be an addition to any Deed restrictions.
SECTION I: INTRODUCTIONS AND GENERAL INFORMATION
1. All Cash, As-Is Sale: The Foreclosure Sale is an “All Cash, As-Is” sale. All Bidders are
expected to perform their own due diligence to reach their own conclusions as to physical
condition, number and occupancy of revenue producing units, estimates of operating costs,
repair costs (where applicable), and any other factors bearing on the valuation of the
Property. While HUD has exercised care to provide accurate information, all information
provided herein is solely for interested Bidders to determine whether or not the Property is
of such type and general character to purchase. HUD makes no warranty as to the accuracy
of this information. A Bidder’s failure to be fully informed as to the conditions of the
Property, including its value, or any conditions of the Foreclosure Sale do not constitute
ground for any claim or demand against HUD or the adjustment or withdrawal of any Bid,
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including the High Bid. HUD shall consider all Bids to have been made with full knowledge
of the terms, conditions, and requirements contained in this Invitation.
2. Contingencies: HUD will not consider Bids that are contingent upon a Bidder obtaining
financing to purchase the Property or any other contingency. By signing the
Acknowledgement, the High Bidder represents that its High Bid is assured.
3. Modification to the Invitation: Any oral modification by any HUD representative that
changes or supplements this Invitation, or any conditions hereof, is unauthorized,
unenforceable, and shall confer no right upon a Bidder, including the Approved High
Bidder. All modifications to the Invitation will be in writing.
4. Bid Acceptance or Rejection: At any time prior to Closing and upon its sole discretion, HUD
reserves the right to reject any and all Bids, to waive any informality in any received Bid,
and to reject the Bid of any Bidder HUD determines is ineligible, lacks the experience,
ability, or financial responsibility necessary to own and manage the Property in a manner
acceptable to HUD.
5. Cancellation of Sale: HUD reserves the unconditional right to cancel this Invitation and
reject any and all Bids at any time prior to Closing without recourse to HUD. HUD is not
liable for any expenses incurred by a Bidder or its related parties.
SECTION II: PRIOR TO THE FORECLOSURE SALE
1. General: In accordance with the intent of the National Housing Act, participants of HUD's
housing programs must be responsible individuals and organizations who honor their legal,
financial, and contractual obligations. HUD will review and approve the Previous
Participation Certification of High Bidder’s Controlling Participants before Closing.
2. Due Diligence: Interested parties, their agents, and advisors should carefully review the
information in this Invitation and any additional information HUD makes available prior to the
Foreclosure Sale. As a general policy, HUD will not release the most current financial
information for the Property other than what has been disclosed in this Invitation and the
Property Summary. Bidders should undertake their own investigation to evaluate the Property
and independently assess the benefits and risks associated with the Property. Bidders should
be confident in their Bid amount and be prepared to follow through Closing. HUD will not
negotiate to reduce any Bid amount after accepted at the Foreclosure Sale.
3. Bidders Pre-Foreclosure Sale Conference Call: HUD may decide to hold a conference call
for all interested parties prior to the Foreclosure Sale. If a call is scheduled, information will
be found on the Property Disposition website. On the call, HUD will discuss the Invitation,
review the rules of the Foreclosure Sale, provide updates on the Property, and answer any
questions interest parties may have. Following the conference call, all questions and
answers will be posted to the same website to ensure that all interested parties receive the
same information.
4. Site Visit: To give interested parties additional information and view portions of the Property,
HUD may choose to conduct an Open House or a Virtual Tour. If a tour is available,
information will be found on the Property Disposition website. HUD is not always in a
position to provide a tour prior to a Foreclosure Sale. If an in-person tour is scheduled, a
HUD representative will be present to walk through the Property. HUD will establish the
scope of the site visit. Not all areas of the Property may be available for viewing. HUD will
not accept Bids, nor provide information outside of this bid kit, during a Site Visit.
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5. Electronic Registration: Registration in HUD’s Business Partner Registration prior to the
Foreclosure Sale is not mandatory to submit a Bid. However, a Bidder may complete this
step prior to the Foreclosure Sale to reduce the amount of time between the Foreclosure
Sale and Closing. HUD can take up to two (2) weeks to process registration requests. While
the High Bidder is the only Bidder required to complete the Previous Participation
Certification (e-2530), every Bidder may register in the event they become the High Bidder.
a. If a Bidder has not previously conducted business with HUD, the Bidder must
first register with HUD’s Secure Systems before submitting a Previous
Participation Certification (e-2530) application. The Bidder should follow these
steps:
i. A Bidder accesses HUD’s Business Partner Registration to register a new
entity with HUD. Wait twenty-four (24) hours to access the Secure Systems
Coordinator or User Registration link to complete the registration for the
individual that will have access to Secure Systems. The applicant will
receive a Coordinator/User ID within two (2) weeks. With these credentials, a
Bidder can complete the required Previous Participation Certification (e-2530)
in the next step.
ii. A Bidder then completes a Previous Participation Certification (e-2530)
application in HUD’s single sign-on page then select
Active Partners Performance System (APPS).
b. Bidders that have previously conducted business with HUD can complete
the Previous Participation Certification (e-2530) application prior to the
Foreclosure Sale by accessing Active Partners Performance System (APPS).
6. Questions: Please direct questions related to this Invitation and the Foreclosure Sale
to the Realty Specialist identified in the Property Summary, after you have read
this packet in its entirety. The Realty Specialist cannot provide information other than
information in this Bid Kit or information posted on the Property Disposition Website.
SECTION III: DURING THE FORECLOSURE SALE – REGISTERING AS A BIDDER
AND SUBMITTING BIDS
1. General: The Foreclosure Sale is an oral, open bid sale that takes place at the date, time,
and place as shown on the cover of this Invitation. HUD designated a Foreclosure
Commissioner to conduct the Foreclosure Sale. The Foreclosure Commissioner is
empowered with the authority to conduct the Foreclosure Sale in an appropriate manner,
using the rules and guidelines herein as the framework for the Foreclosure Sale.
2. Bidder Eligibility: Pursuant to 24 CFR §27.20, the defaulting mortgagor or any Principal,
successor, Affiliate, or assignee thereof on the multifamily mortgage being foreclosed is not
eligible to Bid or otherwise acquire the Property. Additionally, the FHA-lender or any
Principal, successor, affiliate, or assignee thereof on the multifamily mortgage being
foreclosed is not eligible to Bid or otherwise acquire the Property.
3. Bidder Enrollment: At the Foreclosure Sale and prior to the commencement of bidding, a
Bidder must enroll with the Foreclosure Commissioner. The Foreclosure Commissioner will
ask for the name of the Bidder, the name of the individual representing the Bidder, and the
Bidder’s address and contact information. The Foreclosure Commissioner will also collect
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the Bidder’s Earnest Money Deposit and assign each enrolling Bidder a unique number. The
unique number will be used to be used to identify each Bidder during the Foreclosure Sale.
The Foreclosure Commissioner will commence the Foreclosure Sale when all Bidders in
attendance are enrolled. Enrollment as a Bidder does not mean that Bidder is qualified to
purchase the Property.
4. Earnest Money Deposit: The Foreclosure Commissioner must receive the Earnest Money
Deposit before the Foreclosure Sale commences. The Earnest Money Deposit shall be paid
only in the form of certified funds or cashier’s check made payable to: THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. If a Bidder is a
financial institution, the Earnest Money Deposit must be drawn from a different financial
institution. Deposits will generally be set according to the following schedule:
5. Bid Requirements: A responsive Bid must meet all the terms of the Foreclosure Sale. Each
Bid shall be firm, unconditional, fixed in an amount certain, and not in the alternative.
Special conditions, alterations, or deletions will render a Bid non-responsive. A Bidder must
submit a Bid in one of two ways:
a. Written Bids: HUD will only accept a written Bid if received in a sealed envelope
and accompanied with the Earnest Money Deposit. The Foreclosure Commissioner
must receive a written Bid at least two (2) business days prior to the Foreclosure
Sale; the date is stated on the cover page of this Invitation. There is no guaranty
written Bids received by the Foreclosure Commissioner less than two (2) business
days before the Foreclosure Sale will be accepted, even if the bid has the
appropriate postmark. No delay will warrant an exception. If a Bidder desires to
modify or alter a written bid after the Foreclosure Commissioner accepts, the
Bidder must do so in writing at least twelve (12) hours prior to the time the
Foreclosure Sale commences.
b. Oral Bids: At the Foreclosure Sale and using the assigned number provided, a
Bidder orally states a Bid. Oral Bids can be modified orally up until the
Foreclosure declares the High Bid.
c. Electronic Bids: HUD will reject and will cause the Foreclosure Commissioner to
reject Bids and Bid modifications received through e-mail, facsimile, or other
electronic means. Electronic Bids are not valid Bids. All Bids must be submitted in
accordance with this Invitation.
6. Minimum Bid: If HUD has a minimum Bid amount, HUD will disclose it in the Property
Summary. If no minimum Bid is listed, HUD does not have a minimum Bid to purchase the
Property.
7. High Bidder at the Foreclosure Sale: After reviewing all Bids, the Foreclosure Commissioner
concludes the Foreclosure Sale and orally notifies the High Bidder and Second High Bidder of
their respective bidding positions. The Property will be sold to the High Bidder. The
Project Size
Earnest Money Deposit
200 units or
more
$100,000
100 to 199 units
$75,000
50
-
99 units
$50,000
25
-
49 units
$25,000
5
-
24 units
$10,000
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Foreclosure Commissioner will retain the Earnest Money Deposit for the High Bidder and
immediately cause the High Bidder to execute the Acknowledgment. All collected Earnest
Money Deposits from the other Bidders will be returned before the Bidder leaves the
Foreclosure Sale. The Foreclosure Commissioner will return the Earnest Money Deposits
received for written Bids within seven (7) business days.
8. Continuance of Offers: Even though the Earnest Money Deposit is returned to unsuccessful
Bidders, HUD considers all received Bids at the Foreclosure Sale as continuing offers
until Closing. HUD will keep the contact information of the Second High Bidder in the
event that Closing with the High Bidder does not occur. HUD may contact the Second
High Bidder to accept the previously submitted Bid.
SECTION IV: AFTER FORECLOSURE SALE AND LEADING UP TO CLOSING
1. Post-Bid Documents: The High Bidder must submit the following items (“Post-Bid
Documents”) to the Realty Specialist within five (5) business days of the Foreclosure Sale
so HUD can timely complete its review and approval. The Post-Bid Documents must show
the High Bidder’s capacity to own and operate the Property. Based on the required
information and documents set forth below, as well as any additional information
independently obtained and verified by HUD, in its sole discretion, HUD will determine
whether the High Bidder is eligible, has the requisite experience, qualification, and
financial capacity to purchase the Property.
FAILURE TO SUBMIT THE REQUIRED DOCUMENTS WITHIN THE
INDICATED TIME FRAME MAY BE GROUNDS FOR HUD TO REJECT THE
HIGH BID AND RETAIN THE HIGH BIDDER’S EARNEST MONEY DEPOSIT.
a. Previous Participation Certification (HUD 2530): Submit a Previous Participation
Certification for the High Bidder and, if applicable, the intended Management
Agent.
i. Electronic Submission: If the High Bidder already has access to Secure
Systems, it can submit an electronic Previous Participation Form (e-2530)
through APPS and provide proof of the electronic submission to the Realty
Specialist. The High Bidder can print the signature page showing all
participants listed, the required certifications, and electronic signatures. If
the High Bidder has not previously registered, since there will be
insufficient time to file electronically, the High Bidder must submit a paper
Previous Participation Certification (HUD 2530).
ii. Paper Submission: The High Bidder will provide a completed paper
Previous Participation Certification (HUD 2530) with original signatures
for the High Bidder and its controlling participants. The intended ownership
entity must have established a tax identification number (TIN) and each
individual must list their social security number (SSN). Paper submissions
must include:
1. Organizational chart: a visual chart for the
ownership entity that shows each ownership tier, the roles of each
controlling participant within the organization who retain more
than 25% ownership interest.
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2. Organizational documents including the following as applicable:
Articles of Incorporation, Certificate of Incorporation, Operating
Agreement, Partnership Agreement, Charter, By-Laws, Agent
Certification, proof of TIN.
b. Certification of Substantial Compliance: The High Bidder must submit a complete
and original Certification of Substantial Compliance, located in the attachments to
this Invitation. If HUD determines that properties disclosed by the High Bidder are
not in substantial compliance with federal regulations and state and local codes,
HUD may reject the High Bidder as not qualified to purchase the Property. The High
Bidder may forfeit the Earnest Money Deposit as a result of such determination by
HUD.
c. Written Statement of Experience: The High Bidder must submit a written Statement
of Experience that demonstrates at least five (5) years of experience successfully
owning and managing properties similar to the Property. Please do not exceed five (5)
pages per property and provide the following information for all properties owned by
the High Bidder:
i. The location of other owned multifamily properties.
ii. The number of units and construction type (garden, walk-up, hi-rise, etc.)
for each property.
iii. The type of management for each property.
iv. Whether the properties have government assistance (I.e., project-based or
tenant-based assistance, tax-credit, municipal grants, etc.)
v. The physical, economic, and social needs of each property and how the
High Bidder has addressed them.
The High Bidder’s plan to satisfy the conditions of the Foreclosure Sale;
implement a sound financial and physical management program for the
property; respond to the needs of the tenants; work cooperatively with
resident organizations; provide organizational staff and financial resources;
provide services, maintenance, and utilities to the Property.
d. Personal Financial and Credit Statement: The High Bidder must submit
Form HUD-92417 for each proposed Principal of the High Bidder.
2. Acceptance of High Bid: HUD does not fully accept the High Bid until the High Bidder all
submits Post-Bid Documents, HUD reviews the Post-Bid Documents, and HUD, in its sole
discretion, determines the eligibility of the High Bidder. HUD will notify the High Bidder
of its determination in writing. Upon HUD’s determination that the High Bidder is qualified,
the High Bidder will be confirmed as the Approved High Bidder.
3. Rejection of High Bid: After review of the Post-Bid Documents, HUD may determine that
the High Bidder is not qualified to purchase the Property. HUD may reject the bid due to
High Bidder’s ineligibility, lack of qualifications, or failure to comply with the Invitation.
HUD will notify the High Bidder of this determination in writing, as promptly as possible
and generally, within thirty (30) days after the Foreclosure Sale. HUD may then contact the
Second High Bidder.
4. Impact on Earnest Money Deposit:
a. If HUD accepts the High Bid, the Approved High Bidder’s Earnest Money Deposit
will be credited toward the Purchase Price.
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b. If HUD rejects the High Bid because the amount is unacceptable, HUD will refund
Earnest Money Deposit will be refunded.
c. If HUD determines the High Bidder is not qualified to purchase the Property and the
High Bidder has complied with the requirements of this Invitation, HUD will refund
the Earnest Money Deposit.
d. If HUD finds that the High Bidder made misrepresentations or material omissions
in its submission, or failed to comply with the Invitation, HUD will keep the Earnest
Money Deposit.
5. Extensions: The Approved High Bidder may request an additional thirty (30) calendar day
period to allow more time for the Closing to occur. A written request clearly stating the
reason for the Approved High Bidder’s inability to close the sale, by the scheduled Closing
date or by the end of any Extension Period, must be received within ten (10) days prior to
the Closing date or the end of any extension period.
6. Post Bid Site Visit: HUD will not grant any High Bidder request to tour, visit, or otherwise
have access to the Property prior to closing. To this end, HUD encourages participation
in the site visit before the Foreclosure Sale, if available.
7. Closing Date: The time and place for the Closing will be determined by HUD. The Closing
date will occur within the time specified in the Acknowledgment. HUD reserves the right
to extend the Closing date or revise the location.
SECTION V: CLOSING
1. Conveyance: In accordance with the Act, HUD will convey the Property to the Approved High
Bidder through a Foreclosure Deed. The Foreclosure Deed will not contain any warranties of
title. The Foreclosure Deed is not subject to a redemption period by the defaulting owner of
the Property. When the Invitation indicates, the Approved High Bidder and HUD will execute
the Use Agreement and record as part of the Foreclosure Deed.
2. Amounts Due at Closing: The Foreclosure Sale is an all-cash sale. HUD is not offering
financing to purchase the Property. At Closing, the Approved High Bidder will pay the
Balance. HUD will not proceed with the Closing without acceptable receipt of the Balance,
which shall be paid only in the form of certified funds or cashier’s check made payable to:
THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
3. Closing Expenses: HUD will pay all recordation fees for the Foreclosure Deed, and if
applicable, the Use Agreement. Irrespective of local custom, the Approved High Bidder
shall pay all remaining expenses including, but not limited to, all documentary stamp taxes,
and any costs incurred in connection with a review of title or title insurance.
4. Prorations: Approved High Bidder is responsible for paying all taxes, assessments, liens, and
utility bills including, but not limited to, water, sewer, gas, electric, and any other
encumbrances not extinguished by the Foreclosure Sale. These amounts will not be prorated
from the High Bid or attributed to the Balance. If HUD received any rental payments from
tenants living in the Property on the day of Closing, those rental payments will not be prorated
nor credited toward the High Bid or attributed to the Balance.
5. Extension Fees: If Approved High Bidder paid Extension Fees and the Closing occurs prior
to the expiration of an Extension Period, the prorated amount of the Extension Fees for the
unused portion of the Extension Period will be credited toward the Balance at Closing. This
is the only amount HUD will prorate.
Exhibit A
LEGAL DESCRIPTION
LEGAL DESCRIPTIONS ARE PROVIDED AS INFORMATION ONLY. INTERESTED PARTIES MUST ASCERTAIN
LEGAL DESCRIPTIONS THROUGH THEIR OWN DUE DILIGENCE.
This EXHIBIT "A" is attached to and made a part of the Deed of Trust dated
June 1, 2005, by and between WARWICK HOUSING FOUNDATION, a California
nonprofit public benefit corporation ("Trustor"), COMMONWEALTH LAND TITLE
COMPANY, a California corporation ("Trustee") and THE SECRETARY OF
HOUSING AND URBAN DEVELOPMENT ("Beneficiary").
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF VENTURA, AND IS DESCRIBED AS FOLLOWS:
LOT 124 OF TRACT NO. 1525-1, IN THE CITY OF THOUSAND OAKS, COUNTY
OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 38
PAGES 86 TO 89 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
Property Photos
Front view
Property Photos
Front door
Side view Front view of chimney
Property Photos
Sidewalk on side of house and air conditionaing unit
Backyard patio area
Property Photos
Entrances and exits
Hallways
Property Photos
Sample Common Spaces
Property Photos
Sample Closet space
Property Photos
Kitchen
Property Photos
Samples of the 3 Bathroom Spaces
Property Photos
Samples of the 3 Bathroom Spaces
PROPERTY SUMMARY
Property Name
Address
City State Zip
County
Resident Type
Rentable Square Footage
Total Residential Units
Subsidized
No. Commercial Spaces
Revenue
Unsubsidized
Commercial Rentable Sqft
Non-Revenue
Total Rentable Sqft
Building Site
No. of buildings
Approx. Site Acreage
Stories per building
Foundation
Type
Roof Type/Age
Elevator(s) per building
Exterior
Year built
Flooring
Rehabilitation Year
Type of Rehabilitation
Mechanical Systems Utilities Parking
Heating
Water
Assigned Self Park
Air Conditioning
Sewer
Covered Off-site
Hot Water
Garbage
Garage Total
Apartment
Features
Owner
Expense
Resident
Expense
Community
Features
Air Conditioning
Laundry Room
Dishwasher
Parking Type
Microwave
Exercise Room
Garbage Disposal
Picnic Area
Range/Oven
Playground Equipment
Refrigerator
Swimming Pool
Blinds/Drapes
Jacuzzi/Comm Whirlpool
Patio/Balcony
Dog Park
Washer/Dryer (in unit)
Business Center
W/D Connection
Community Space
Fireplace
Gated Entry/Security System
Other:
Other:
Warwick House
1077 Warwick Avenue
Ventura
Group Home
6
6
0
0
0
0
2386
1
1
Residential
0
1962
2005
.283
Slab
Asphalt
Siding/Stucco
Unknown
Unknown
gas
central
gas
city
city
city
CA
91360
Yes
Historical Occupancy (if available)
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Avg
Historical Rents
Type
No. of Units
Unit Sqft
Unit $ Rent
(per/mo)
Market Rent/Comps
Historical Expenses
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Avg
Use Restrictions (if applicable)
Subsidy Contract Information (if applicable)
Contact Information:
HUD Realty Specialist Foreclosure Commissioner (for written bids only)
Name:
Name:
Address:
Address:
City/State/Zip:
City/State/Zip:
Phone:
Phone:
Email:
Email:
N/A
N/A
Janet Osterloh
307 West 7th Street, Suite 1000
Fort Worth, TX 76102
(817) 978-5656
janet.k.osterloh@hud.gov
Steven K. Linkon
611 97th PL SE
Bellevue, WA 98004
949-697-8889
stevelinkon@msn.com
ATTACHMENT B
TERMS AND REQUIREMENTS OF FORECLOSURE SALE
ACKNOWLEDGEMENT BY BIDDER
I. TERMS OF BID
A. The undersigned, __________________________________, (the “High Bidder”)
submitted a bid of ______________________ dollars ($ ___________ )(the “Bid)
at the Foreclosure Sale to purchase _________________ (the “Property”) held at
__________________________on_____________ 20___ at ________(AM/PM).
The legal description for the Property is included as Exhibit A. The Bid shall be
calculated as follows:
1. EARNEST MONEY: $_______ in the form of a money order, certified
funds, or cashier’s check (the “Earnest Money Deposit”) has been collected
at the Foreclosure Sale by the Foreclosure Commissioner, and which shall
not earn interest, and
2. BALANCE OF THE BID: The High Bidder will pay the difference
between the Bid and the Earnest Money Deposit, a sum of
$_________________, (the “Balance”) at Closing (as defined below), in
the form of a money order, certified funds, or cashier’s check as provided
in the Acknowledgement.
II. HIGH BIDDER REPRESENTATIONS AND WARRANTIES: The High Bidder
hereby represents and warrants to HUD, that as of the execution date of this
Acknowledgement and as of the date of the Closing, the following:
A. High Bidder has full knowledge of all the terms, conditions, and requirements of
the Foreclosure Sale contained herein. High Bidder affirms that they are required
to follow the terms of the Invitation, including by reference, which are incorporated
by reference from the Invitation.
B. High Bidder has the power and authority to execute, deliver and perform this
Acknowledgement and all transactions contemplated herein. High Bidder has taken
or will take all actions necessary to perform its obligations under this
Acknowledgment and to consummate the Foreclosure Sale. This
Acknowledgement and all of the other instruments and agreements executed and
delivered by High Bidder in connection with the Foreclosure Sale prior to the
Closing Date have been or will be duly executed and delivered by High Bidder to
HUD and constitute or will constitute legal, valid and binding obligations of High
Bidder. These terms are enforceable against High Bidder, except as such
enforcement may be limited law and by general principles of equity (whether
considered in a proceeding at law or in equity). The execution, delivery and
performance of this Acknowledgement by High Bidder does not violate any
provisions of any existing federal, state, or local law or regulation applicable to
High Bidder, or violate or contravene any judgment, injunction or decree binding
upon High Bidder, or violate, contravene or constitute a default under any provision
of the organizational documents, if any, governing High Bidder, or of any
agreement, contract or other instrument binding upon High Bidder.
C. High Bidder will accept the Property “AS IS” and understands HUD makes no
representations or warranties concerning the physical condition of the Property.
Warwick House
10,000.00
High Bidder acknowledges and agrees that, while HUD provided some information
concerning the Property to all bidders for review prior to the Foreclosure Sale, such
information may have been inaccurate or incomplete.
D. High Bidder understands that the Foreclosure Sale of the Property is not contingent
upon the High Bidder securing favorable financing terms. High Bidder
acknowledges that, prior to Closing, HUD will not allow access to the Property for
appraisal or any other reason.
E. High Bidder’s Bid is based on its own evaluation of the Property and not upon any
representations by HUD. High Bidder’s inability or failure to inspect or otherwise
be fully informed as to any factor bearing upon the valuation of the Property shall
not be a basis for termination of this Foreclosure Sale nor affect High Bidder’s or
HUD’s liability, obligations, or duties.
F. BIDDER RESTRICTIONS AND ELIGIBILITY:
1. No member of or delegate to Congress, resident commissioner of the
Property, or any local elected official (a “Restricted Party”) will share in any
part of this Foreclosure Sale, or to any benefit arising from owning the
Property. This provision does not apply to the extent that the High Bidder is
a corporation, and a Restricted Party is a shareholder of the corporation and
the purchase of the Property is for the corporation’s general benefit.
2. The High Bidder is not suspended, debarred, or temporarily denied from
participating in HUD programs. If the High Bidder becomes suspended,
debarred, or temporarily denied participation prior to Closing, the Foreclosure
Sale will be terminated, and HUD will retain as liquidated damages the
Earnest Money Deposit and any Extension Fees paid.
3. The High Bidder is not the defaulting mortgagor, or any Principal, successor,
Affiliate, or assignee thereof, on the multifamily mortgage that is the subject
of the Foreclosure Sale. The High Bidder will also ensure that the defaulting
mortgage or any Principal, successor, Affiliate, or assignee thereof will not
acquire the Property or any interest in the High Bidder.
4. The High Bidder is not the FHA Lender or an affiliate thereof that benefited
from the FHA insurance claim associated with the mortgage HUD foreclosed
upon as part of the Foreclosure Sale.
G. ANTI-COLLUSION: High Bidder confirms it arrived at the Bid independently and
without any consultation, communication, or agreement with any other bidder at
the Foreclosure Sale relating to the Bid, the intention to submit the Bid, or the
methods and factors used in calculating the Bid. Further, the Bid was not knowingly
disclosed, directly or indirectly, to any other bidder before or during the Foreclosure
Sale, unless otherwise required by law. High Bidder did not induce or attempt to
induce any other Foreclosure Sale Bidder to submit or not to submit a bid for any
purpose of restricting competition,
H. REMEDIES FOR BREACH: In the event of a breach by High Bidder of any
representation or warranty, HUD has at its election, the right to terminate this
Acknowledgement and all further obligations of HUD hereunder and, in the event
of such termination, the provisions of Section VIII of this Acknowledgment shall
be applicable. If any representation or warranty set forth in this Acknowledgement
is not true and accurate as of the Closing Date, High Bidder shall so advise HUD.
III. HUD REPRESENTATIONS AND WARRANTIES: HUD makes no representations
and warranties concerning the physical condition of the Property. HUD does not
represent or warrant the occupancy of revenue producing units or any other factor
bearing upon the value of the Property.
IV. HIGH BIDDER OBLIGATIONS BEFORE CLOSING:
A. Post Bid Document Submission within Five (5) Days of Foreclosure Sale: The
High Bidder must submit the following items to HUD within the listed business
days of the Foreclosure Sale in order for HUD to begin its review process. The
following documents must illustrate the High Bidder’s capacity to own and operate
the Property.
1. Previous Participation Certification (HUD 2530). Submit one (1) HUD
2530 for the High Bidder and one (1) separate HUD 2530 for any
Management Agent.
i. Electronic Filers: If the High Bidder has prior access to HUD’s
Secure Systems, after previously registering through HUD’s
Business Partner Registration as described in the Invitation, it
should submit an electronic Previous Participation Form using the
Active Partners System (APPS) and provide proof of the electronic
submission to HUD.
ii. Paper Filers: If the High Bidder has not previously registered in
APPS, the High Bidder should provide a completed paper HUD
2530 with original signatures. The High Bidder entity must have an
established tax identification number (TIN) and each individual
must list their social security number (SSN). High Bidder should
transmit to HUD using an encrypted file. Additionally, High Bidder
should include (1) an organizational chart for the ownership entity
that shows each ownership tier, the roles of each controlling
participant and each member with more than 25% ownership
interest; and, (2) the ownership entity’s organizational documents,
include Articles of Incorporation, Certificate of Incorporation,
Operating Agreement, Partnership Agreement, Charter, Bylaws,
Agent Certification, and proof of TIN, as applicable.
2. Certification of Substantial Compliance. The High Bidder must submit a
complete and original Certification of Substantial Compliance, located in
attachments to this Invitation. If HUD determines that properties disclosed
by the High Bidder are not in substantial compliance with federal
regulations and/or state and local codes, HUD may reject the High Bidder
as not qualified to purchase the Property. The High Bidder may forfeit the
Earnest Money Deposit as a result of such determination.
3. Written Statement of Experience. The High Bidder must submit a written
State of Experience (“Statement”). The Statement must demonstrate
approximately five (5) years of experience successfully owning and
managing properties similar to the Property and must address future
management of the Property. High Bidder shall not exceed five (5) pages
per property when providing the following information for each property:
i. The location of other owned multifamily properties.
ii. The number of units and construction type (garden, walk-up, high-
rise, etc.) for each property.
iii. Identify type of management for each property.
iv. Identify properties that have government assistance and type of
assistance, i.e., project-based, tenant-based, etc.
v. Identify the initial physical needs of each property and how they
were addressed.
vi. Identify the social needs of each property and how they were
addressed.
vii. Identify the economic needs of each property and how they were
addressed.
viii. How, based on its experience, the High Bidder will satisfy
conditions of the sale, i.e., Post-Closing Repairs, income and rent
restrictions, etc.
ix. How High Bidder will implement a sound financial and physical
management program for the Property.
x. How High Bidder plans to respond to the needs of the tenants and
work cooperatively with resident organizations.
xi. How High Bidder will provide adequate organizational staff and
financial resources to the Property.
xii. How High Bidder will provide serves, maintenance and utilities to
the Property.
4. Personal Financial and Credit Statement. The High Bidder must submit
Form HUD-92417 for each of its controlling Principal(s).
5. Previous Participation Certification for Management Agent, if applicable.
6. Additional Documents Required for HUD Subsidized Properties:
i. Management Agent Resume
ii. Affirmative Fair Housing Marketing Plan (Form HUD-935.2A)
iii. Management Entity Profile (Form HUD-9832)
iv. Project Owner's/Management Agent's Certification Form HUD
9839-A, 9839-B or 9839-C. Must choose applicable version.
B. Changes within five (5) Days to the High Bidder or Management Agent. If the High
Bidder, the Management Agent, or any controlling participant thereof changes, the
individual or entity shall resubmit a corrected Previous Participation Certification
within five (5) days of any such change.
C. The High Bidder shall ensure compliance with submissions as required herein.
Failure to comply with all requirements may result in High Bidder declared
ineligible to purchase the Property. In such case, the High Bidder shall forfeit the
Earnest Money Deposit and Extension Fees paid.
V. HUD’S REVIEW OF POST-BID SUBMISSION
A. Before HUD can schedule the Closing, HUD must complete the review of the
submitted documents and approve the High Bidder.
B. HUD will provide a response to the High Bidder, and Management Agent if
applicable, within fifteen (15) days of receipt.
C. Acceptance of High Bid. HUD does not fully accept the High Bid until the High
Bidder submits all Post-Bid Documents, HUD reviews the Post-Bid Documents,
and HUD, in its sole discretion, determines the eligibility of the High Bidder. HUD
will notify the High Bidder of its determination in writing. Upon HUD’s
determination that the High Bidder is qualified, the High Bidder will be confirmed
as the Approved High Bidder.
D. Rejection of High Bid. After review of the Post-Bid Documents, HUD may
determine that the High Bidder is not qualified to purchase the Property. HUD may
reject the bid due to High Bidder’s ineligibility, lack of qualifications, or failure to
comply with the Invitation. HUD will notify the High Bidder of this determination
in writing, as promptly as possible and generally within thirty (30) days after the
Foreclosure Sale. HUD may then contact the Second High Bidder.
VI. CLOSING
A. Time is of the essence.
B. If HUD confirms the High Bidder is qualified to purchase the Property, HUD will
notify the High Bidder in writing. The transfer of title to the Property (the
“Closing”) shall be within thirty (30) calendar days of approval unless the High
Bidder requests and HUD grants an Extension Period.
C. The Closing date and place will be determined by the Foreclosure Commissioner
and/or HUD and will occur within thirty (30) days of HUD approval of the High
Bidder. HUD and/or the Foreclosure Commissioner will notify the High Bidder of
the Closing.
D. At Closing, the High Bidder will shall assume all responsibilities and obligations
as owner of the Property arising on or after the Closing. After the Closing, HUD
shall have no further responsibilities or obligations with respect to the Property.
E. High Bidder shall pay the Balance at Closing in the form of a money order, certified
funds, or cashier’s check made payable to: THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVLEOPMENT.
F. CLOSING COSTS, DEPOSITS, REPAIR ESCROW: In addition to the Balance,
the High Bidder will be required to pay all Closing costs, regardless of local custom,
and, where applicable, fund deposits to reserve accounts and obtain any Letter(s)
of Credit for the Repair Escrow. However, HUD will pay fees for recording the
Foreclosure Deed and Use Agreement, if any.
G. EXECUTION OF USE AGREEMENT: Without limiting the foregoing, at Closing,
High Bidder will execute the Use Agreement and required exhibits as contained in
the Invitation. The Use Agreement will control the use of the Property for the
specified period, be recorded as part of the Foreclosure Deed, and will run with the
land.
H. EXTENSION OF CLOSING DATE:
1. High Bidder may request an additional thirty (30) calendar day period (the
“Extension Period”) for the Closing to occur. High Bidder must submit a
written request, which clearly states the reason for the High Bidder’s
inability to close the sale on or before the Closing date, or within any
Extension Period. HUD must receive any extension request no less than ten
(10) days prior to the Closing date. The request must be accompanied by
the payment of the required Extension Fees and sent to the following
address:
a. Multifamily Property Disposition
b. ATTN: Jovanna M. Morales, Director
c. 307 W. 7
th
Street, Suite 1000
d. Fort Worth, TX 76102
2. All payments for an Extension Period must be in the form or a cashier’s
check or certified check made payable to: The U.S. Department of
Housing and Urban Development
3. HUD will notify the High Bidder in writing of all approved Extension
Periods. HUD will grant an Extension in accordance with the following
conditions:
i. Extension Fees shall be equal to $______ per unit in the Project per
calendar day, or one and one-half percent (1.5%) of the Bid, which
even amount is greater.
ii. Extension Fees will not be credited against the Balance. However,
if the Closing is held prior to the end of the Extension Period, the
prorated amount of the Extension Fees for the unused portion of the
Extension Period shall be credited toward the Balance.
iii. HUD shall not be obligated to grant any additional Extension Period
because it has previously granted one or more Extension Period.
iv. If High Bidder does not submit any HUD-required for within
sufficient time for HUD’s review, and such delay necessitates an
Extension Period, Extension Fees shall be paid for this time.
VII. PRORATIONS:
A. TAXES AND FEES: High Bidder is responsible for paying all taxes, assessments,
liens, and utility bills including, but not limited to, water, sewer, gas, electric, and
any other encumbrances not extinguished by the Foreclosure Sale. Any amounts
paid will not be prorated to the Balance or used to offset the Bid amount in any
way. HUD is responsible for payment of taxes before the closing date.
B. PROPERTY RENTS: Regardless of the Closing Date, rent collected by HUD, if
any, will not be prorated toward the Balance.
C. EXTENSION FEE: In the event High Bidder pays Extension Fees, and the Closing
occurs before the expiration of the Extension Period, a prorated amount of the
unused portion of the Extension Fees shall be credited toward the Balance.
VIII. BREACH
A. The High Bidder agrees that any breach of these terms shall result in the forfeiture
of the Earnest Money Deposit, and the payment of any expenses incurred HUD by
in managing the property, including taxes, and utilities, until transfer of ownership
in a Closing, as liquidated damages, not a penalty.
1. Failure to pay these funds shall result in a debt to the federal government.
2. Failure to pay these funds may result in the High Bidder being prevented
from participation in future HUD foreclosure sales.
B. Breach by the High Bidder includes withdrawing their bid after signing this
document, and any other actions or inactions by the High Bidder that result in
failure to close on the sale.
32.00
C. If actions by HUD result in failure to close on the sale, High Bidder’s sole remedy
shall be the return of any amounts paid by High Bidder pursuant to this Agreement.
Without limiting the generality of the foregoing, High Bidder hereby waives any
claim for damages (other than amounts paid by High Bidder pursuant to this
Agreement) and any right to seek specific performance or other equitable relief.
D. Upon the failure or refusal of the High Bidder to comply with any of the
requirements in this Acknowledgement, HUD may declare the High Bidder
ineligible to purchase the Property, in which case the High Bidder shall forfeit the
Earnest Money Deposit and any Extension Fees paid.
IX. MISCELLANEOUS
A. RISK OF LOSS AND RIGHTS OF RECISSION: In the event of any substantial
damage to the Property prior to Closing by any cause, including but not limited to
fire, flood, hurricane, earthquake, tornado, or significant vandalism, HUD, in its
sole discretion, may renegotiate with the High Bidder for a reduction in the Bid
corresponding to the estimated amount of damages. Such amount shall be added to
the Post-Closing Repair amount, if applicable. If the Bid reduction cannot be
negotiated or if the High Bidder and HUD are unable to agree on the amount by
which the Bid should be reduced, or on the amendment to any Post-Closing Repair
requirements, High Bidder may withdraw the Bid. In such case, HUD will retain
the Earnest Money Deposit and any Extension Fees paid.
B. EXISTING SECURITY DEPOSITS: Any security deposits collected from tenants
and paid to HUD or in HUD’s control prior to Closing shall be assigned to High
Bidder within fifteen (15) business days of Closing. In no event shall HUD deliver
security deposits forfeited by a tenant in accordance with the terms of the tenant’s
lease. Notwithstanding state and local law, HUD will not transfer any other security
deposit collected from tenants. HUD has no other liability under state and local law
with respect to security deposits. High Bidder agrees to assume all responsibility
and liability under state and local law with respect to the collection, application,
and return of tenant’s security deposits.
C. SEVERABILITY: If, for any reason, one or more of the provisions contained in
the Invitation, including this Acknowledgment, the Use Agreement, or any other
attachments or exhibits thereto, shall be held to be invalid, illegal, or unenforceable
in any respect, such invalidity, illegality, or unenforceability shall not affect any
other provision(s) of the Invitation, but the Invitation shall be construed as if such
invalid, illegal, or unenforceable provision(s) had never been included therein.
D. LIMITATION OF LIABILITY: In no event shall HUD’s liability exceed the
Earnest Money Deposit and any Extension Fees paid.
E. ASSIGNMENT: High Bidder may not assign its rights and responsibilities under
this Acknowledgment without the prior written consent of HUD.
F. CONFLICTING TERMS: If there are terms or conditions herein that conflict with
the terms or conditions contained in the Invitation incorporated herein by reference,
the terms or conditions of this Acknowledgment shall control.
G. REQUIRED FORMS: The High Bidder acknowledge the receipt of the Use
Agreement as a term and condition of the Foreclosure Sale and the inclusion of the
riders attached to the Use Agreement in the Invitation.
Witness:______________________________
WARNING: It is a crime to knowingly make false statements to the United States in this document
or any other document related to this Foreclosure Sale. Penalties upon conviction can include a
fine or imprisonment. See 18 U.S.C. 1001 and 1010.
Executed by the High Bidder on the ____ day of ___________________, 20____.
Witness:________________________ By:________________________________
Printed Name:__________________ Printed Name:_______________________
Address:____________________________
City, ST ZIP: ________________________
Phone: (______) ______-_______________
Email:______________________________
By signature below, High Bidder acknowledges and agrees to the terms and condition of this
Foreclosure Sale. In the case where an agent or representative of the High Bidder submitted the
Bid, the signatory attests to be duly authorized to submit the bid on behalf of the High Bidder and
to execute this Acknowledgment.
Attachment G
CERTIFICATE OF SUBSTANTIAL COMPLIANCE
TO: The United States Department of Housing and Urban Development
FROM:
I certify to HUD that any and all project(s) that are owned by _________________ , or its affiliates, and located in
_______________________ (City or Town where project being purchased is located) is/are in substantial compliance with
applicable state and/or local housing statutes, regulations, ordinances and codes and are listed on Schedule A
attached hereto.
WARNING: It is a crime to knowingly make false statements to the United States in this document or any other
document related to this sale. Penalties upon conviction can include a fine or imprisonment. For details see: Title 18
U.S. Code, Section 1001 and Section 1010.
By:
Signature
Grantee Name
Title
Address
Telephone Number
Date
STATE OF:
)
C
O
U
NT
Y
O
F
:
)
Came before me this _____ day of _______ , 20___. Notary Seal.
Schedule A
All projects owned by _____________________ or affiliates.
List each project name
List name of
principal or affiliate
with ownership of project.
List project address