MF Loan Service
Notice Type: Special Notice
Posted Date:
Office Address:
Subject: MF Loan Service
Classification Code: R - Professional, administrative, and management support services
Solicitation Number: MSP-HY-2019-051
Contact:
Setaside: N/AN/A
Place of Performance (address): 451 7th Street SWWashington , DC
Place of Performance (zipcode): 20410
Place of Performance Country: US
Description:
OCPO,
Community Service/Housing Support Div
REQUEST FOR INFORMATION The
Industry Day - MF HUD Loan Servicing Date:
Attendance: Vendors will only have the option of attending the Industry Day in person Briefing: Briefing will be on the tasks to the Performance Work Statement. There will be a Questions and Answer session afterwards.
Interested parties are requested to respond with their Capability Statement to this
The Government does not presently intend to award a contract, but wants to obtain price, delivery, or other market information for planning purposes. Interested parties are requested to respond to this announcement by registering via email at MF Loan [email protected].
Breakout sessions will be conducted at the end of the presentation. Such discussions would only be intended to get further clarification of potential capability to meet the requirements, especially any development and certification risks.
Registration: All interested vendors are required to register by noon,
Register via email to MF Loan [email protected]., please use "MF Loan Services Industry Day Registration" in the subject line.
Registration via email shall begin
Security: This is an UNCLASSIFIED event; all information discussed must be UNCLASSIFIED. All information provided or discussed by attendees must NOT be Contractor Proprietary or Business Sensitive Information shared during this Industry Day but may be used to develop a solicitation and/or other acquisition documents.
Information made available at the Industry Day, formally or informally, will not be made available via Federal Business Opportunities (FedBizOpps) website. There is no expectation that any materials will be formally distributed.
Questions regarding this announcement shall be submitted in writing by e-mail to the Contracting Officer, email address. Verbal questions will NOT be accepted. Questions will be answered during the event as time permits and will also be posted to the Federal Business Opportunities (FedBizOpps) website following the event. Questions shall NOT contain proprietary or classified information. The Government does not guarantee that questions received after
INDUSTRY DISCUSSION:
Background.
The HUD Held portfolio currently consists of approximately 3,000 loans (approximately 1,000 first mortgages and 2,000 subordinate ones). M2M and DEMO Notes total 2,400 and non-M2M/demo Notes total 600. Fewer than 10% of the M2M/demo loans are in first position; almost all are subordinate to new insured or conventional financing. Due to the Department's enforcement actions and loan sales, the HUD--Held portfolio may rise to as many as 5,000 loans or fall to as few as 500 loans during a 5 year period. The average unpaid principal balance (UPB) of the first mortgage loans is approximately
Under certain circumstances, HUD forecloses and becomes Mortgagee-in-Possession (MIP) or owner with respect to some of the properties in the HUD-Held portfolio. In a foreclosure sale, with the foreclosure commissioner, HUD advertises the sale, sells the property at foreclosure and transfers the property to a third-party purchaser. As MIP, HUD will manage the property. HUD also advertises and sells HUD-Owned projects. HUD usually becomes owner of a project by obtaining title at a foreclosure sale, bidding on the debt at a foreclosure sale, or accepting a deed-in-lieu of foreclosure on a HUD-Held loan. HUD also relocates tenants from defaulted subsidized properties where the physical condition standards are not in compliance with HUD requirements. The relocation, foreclosure, MIP and HUD-Owned projects are referred to as the Property Disposition portfolio. When HUD is MIP or owner of a project, HUD generally contracts with a property manager to manage the operation of the property. In addition, the Property Disposition (PD) Centers administer relocation contracts. It is anticipated that 15-20 relocations may come into the Property Disposition portfolio annually and remain in the portfolio approximately 6-9 months to allow sufficient time for payment of the final invoice. Currently, HUD has about 21 projects in foreclosure; there are 2 MIP properties and 0 HUD-Owned properties. During a 5 year period, it is estimated that approximately 25 to 50 foreclosure projects and 3 to 5 MIP and HUD-Owned projects will enter the Property Disposition portfolio annually, and about the same number will leave the portfolio. The length of time loans (properties) remain MIP varies substantially, but it should be assumed that loans (properties) would remain in this status for approximately one (1) year.
HUD requires a print ad contractor to perform print advertising for foreclosure and HUD-Owned sales. The advertising of these sales currently generates approximately 4 disbursements per week. The average multifamily property, currently in the portfolio, contains approximately 115 units. It can be estimated that properties processed as foreclosure or HUD-Owned sales will remain in the Property Disposition portfolio for approximately 12 to 24 months, although exceptions will occur. The management of the Property Disposition portfolio currently generates approximately five (5) disbursements per week. Each relocation action generates approximately two (2) disbursements per month. In conjunction with the sale of properties in the Property Disposition portfolio, HUD periodically makes Up-Front Grants or Loans to support the rehabilitation, demolition, or redevelopment of the properties. There may be a need to administer the disbursement on Up-Front Grants and Loans.
OAHP approves restructuring plans and manages the closing of restructurings, which includes the satisfaction of existing insured or HUD-held debt and creation of new HUD-held M2M/DEMO Notes. The service provider will generally interact directly with OAHP staff on all actions described below, except as specifically noted herein. After M2M closing, properties may include takeout financing (a new FHA-insured or conventional loan), with subordinate M2M debt, usually a M2M Mortgage Restructuring Note (MRN) and a M2M Contingent Repayment Note (CRN). The M2M Mortgage Restructuring Note can be in the primary position if there is no new takeout (currently 138). The majority of the M2M Notes are subordinate debt (currently 2127) which do not require a service provider to bill, collect and administer escrow accounts for taxes and Reserve for Replacements (reserve for replacement). Servicing and Accounting functions under the M2M and DEMO Notes should be handled in the same fashion as other HUD Notes, except for the unique billing and collection and issues caused by the nature of a surplus cash note and the relationship of the Post Closing Portfolio Management (PCPM).
A service organization is needed to provide Multifamily Mortgage Loan Servicing (MLS) and Accounting, Property Management, Relocation and Sales Servicing and Accounting and 202/811 Direct Loan Uniform Commercial Code (UCC) Setup and Maintenance.
The Contractor must be able to interface data with FHA Subsidiary
Business Needs: 1. Multifamily Mortgage Loan Servicing
The Contractor shall perform all mortgage servicing on the Multifamily HUD-Held notes portfolio in accordance with the mortgage loan documents for each note and the Code of Regulations HUD Title 24 Parts 200 - 499. Servicing includes, but is not limited to, establishing the note upon assignment to the Secretary of HUD; monthly billing and application of collections; escrowing for taxes, reserve for replacement and hazard insurance, where applicable; disbursement of funds from escrow accounts; investing reserve for replacement and residual receipts, including maintenance of accounts and releases from accounts utilizing the Department's Minority Bank Investment Program (MBIP); preparation of payoff, foreclosure, mortgage confirmation and statements of indebtedness; provide fiscal data for Asset Sales; imaging and storage of files during retention period; and responding to mortgage servicing requests and inquiries. The Contractor shall also provide authorized HUD staff access to all data.
Under the Multifamily Mortgage Loan Servicing the Contractor is responsible for the following:
* Maintain the subsidy data for the Section 236 Interest Reduction Payments (IRP) and Section 221-d-3 Below Market Interest Rate mortgages. In the event that a Section 236 mortgage is modified or refinanced and the IRP is de-coupled, or reused by OAHP as part of a M2M/DEMO restructuring the record must be updated to reflect any changes to the allocation of the IRP. * Establish ancillary notes, including "soft seconds", cash flow notes, surplus cash notes or participations.
* Provide a method for billing, monitoring and reporting payments under bankruptcies and /or receiverships.
* Account for and cross-reference Operating Loss Loan and Supplemental Loans to the first mortgage records.
* Handle mortgage modifications and produce new amortization schedules. The contractor shall provide users with the capability to amortize mortgages with LAMP (Level Annuity Monthly Payments), ACDAP (Accelerating Curtail Declining Annuity Payments), LPP (Level Principal Payments) payment plans, or such other payment plans required by HUD and consistent with industry practice. 236 Interest reduction Payments must also be tracked as part of the amortization schedule if the loan has IRP subsidies due the lender.
* Perform mortgage recasting, including extension of terms without delinquent interest being added to the unpaid balance.
* Record workout agreements; including minimum monthly payments, whether constant or variable.
* Assist HUD, its financial advisors, transaction specialists, and due diligence contractors in providing financial information for mortgage note sales. The Contractor shall provide specific line item information, adjust accounts to reconcile records, calculate premium discounts, calculate yields and produce closing statements.
* Establish the initial record for new loan assignments.
* Establish legal instrument storage in a secured, locked and fireproof area and have the ability to retrieve documents on 24-hour notice.
* Establish and maintain correspondence documents for each mortgage.
* Produce monthly mortgage billing statements on the 20th day of the month.
* Process and apply collections received monthly for payments due, including loans with special provisions.
* Invest reserve for replacement and residual receipt escrows as applicable.
* Make disbursements for payment of taxes, hazard insurance, releases from reserve for replacement and residual receipt escrows, foreclosure costs and operating expenses.
* Provide statements of indebtedness; including all advances, interest, service charges and other fees for properties recommended for foreclosure. * Produce payoff amount and generate payoff statements with daily interest factors for 28, 29, 30 or 31-day months.
* Account for special escrows for repairs or construction. * Record disbursements for operating advances, tax advances, foreclosure and other types of advances.
* Maintain a complete mortgage history of all collections, disbursements and adjustment transactions for all active and terminated loans.
* Pay real estate taxes and maintain a record of all tax activity; including generation of a tax escrow analysis at least once annually.
* Monitor annually hazard insurance and Reserve for Replacement escrow requirements for all first position HUD-held notes.
* Promptly update changes to mortgage status. * Provide capability to HUD personnel to query data and produce reports.
2.
The service provider shall provide the Servicing and Accounting functions for the Mark to Market, and Demo notes.
* 135 Notes that require monthly billing and collections for principal, interest (usually amortizing), and /or escrows.
* 1,379 Notes with annual billings and collections. The Contractor will prepare and Bill for the annual payment which is based upon Surplus Cash calculations. The annual billing uses the amounts due as reported in the Annual Financial Statements. Billing is also subject to adjustments based upon the results of a Surplus Cash Analysis and review, currently performed by another outside contractor (the Post Closing Portfolio Management, or PCPM, contractor). HUD holds the 2nd mortgage in almost every instance here. These are the Mortgage Restructuring Notes.
* 671 Notes with no billing or collections for payments to Principle and Interest until satisfaction of the notes referenced in the categories above. In most instances, the notes in this particular category will move up to the second category referenced above.
* 162 Notes are primarily Balloon notes with no annual billing or collections, but will become due and payable either at maturity or it matures simultaneously with the note in one of the previous category. Deferred interest is accrued and paid at maturity.
It is anticipated that OAHP will be closing approximately 40 new transactions on an annual basis. The majority of the 40 new notes will fall under the second category referenced above, requiring an annual Surplus Cash Analysis billing, collection and application of payments.
Services include: * Establish and Maintain relationship with HUD's lockbox facility in order to retrieve and post all loan payments. We are fairly certain that the Locbox is a separate HUD contract.
* Interface with HUD's OPIIS DataMart - provides data to the
* Interface with PCPM Contractor in order to prepare billing records. This includes receiving a data file which includes Annual Financial Statement data from HUD'S Real Estate Management System (IREMS)/ Multifamily' s Financial Assessment subsystem (FASS). The PCPM contractor determines the amount of surplus cash payment due from each fiscal year. The contractor under this procurement determines how to apply the payment. This includes under the GTM's direction and as per business rules, apply payments in the correct order, i.e., apply late charges first, interest and principle.
* Under HUD's direction - establish new records and under the
* Serve as Document Custodian of original transaction documents, including original HUD-Held notes (MRN/CRN), recorded mortgages, Regulatory Agreements, Use Agreements and also the title policies, Restructuring Commitment, and UCCs.
* Scan all original recorded loan documents and make available to HUD HQ and field users via a web-based platform.
* Provide OAHP staff system access in real time.
* Provide various monthly reports, i.e., notify OAHP of bankruptcy filings and other property-level issues.
* Maintain records of property ownership and management, in order to communicate by mail, email, and phone as needed.
3. 202/811 Direct Loan UCC Filing, Set up & Maintenance
The Uniform Commercial Code (UCC) is a compilation of statutes designed to perfect commercial transactions and to promote uniformity among various filing jurisdictions. Under the Uniform Commercial Code, financing records are filed to make a public record of secured transactions between a debtor and a secured party. The financing records are extremely important in establishing priority among creditors in judicial proceedings, including bankruptcy, to determine rights of conflicting creditors. Fifty states, plus the
The contractor must track UCC (Uniform Commercial Code) filings for each loan in the HUD-held portfolio, as well as for the 202/811 requirements. The Contractor will be required to travel to the
* Copies of the original financing statement form UCC-1, and copies of any Amendments, Continuations, Assignment and Terminations, (form UCC-2 or UCC-3 as appropriate).
* The date and location of filing and filing reference number, book, page, etc. according to the specific jurisdiction.
* The debtor name and address, the secured party name and address.
* The status of each UCC financing statement (i.e., current or lapsed).
* The date and location for filing UCC continuation statements pursuant to revised Article 9 of the Uniform Commercial Code to avoid a lapse of current UCC financing statements.
* The expiration date of each financing statement.
For the initial setup of the Section 202/811 Direct Loan UCC files the Contractor must review existing HUD records to:
* Record information on existing UCC filings and develop an electronic database to manage UCC filings and updates.
* Determine where and schedule UCC filings needed to be made to establish HUD's security interest or extend it.
* File the needed UCCs including Financing Statements, Amendments, Continuations, and Information Requests as needed, along with the associated documentation.
* Notify HUD when it is not in first position.
* Pay invoices for filing and other related State and county services.
* Scan and maintain UCC documents as PDF files.
* Provide status reports to HUD quarterly.
4. Property Disposition Requirements
The Contractor provides the following specific functions to support the tracking and monitoring of the management and sale of HUD's Multifamily Property Disposition Portfolio:
* Provide an accounts payable system by project in sufficient detail to fully support all outstanding bills.
* Process properly authorized and approved invoices.
* Comply with the Prompt Payment Act, Public Law 97-177, including computation, payment and monthly reporting on the amount of penalties under the Act. * Provide adequate internal control over disbursements.
* Maintain information on all vendors and allow flexibility for subsequent adjustments to the information required.
* Maintain all accounting records of multifamily project operations in accordance with HUD requirements, Federal Generally Accepted Accounting Principles, and Credit Reform.
* Provide complete and comprehensive project accounting information using the accrual method of accounting.
* Maintain an annual Operating and Rehabilitation Budget of HUD-owned and Mortgagee-in-Possession (MIP) projects.
* Perform monthly reconciliation to verify all account balances.
* Provide on-line access to all transaction history data from the commencement date of the contract to expiration of the contract.
* Produce a monthly trial balance for each project by the third working day of each month.
* Update accounting records to reflect collections and payables.
* Ensure that the contract Property Manager maintains project employee payroll related information and reimburse the contract Property Manager for authorized wages, expenses and fringe benefits.
* Provide on line general purpose management reports, annual reports and project pipeline reports and inventory reports (a listing of required reports will be made available).
* Provide special reports for section 202 loans section 312 loans, or other direct loans.
* Maintain a database for tracking properties through the foreclosure process.
* Maintain a database or tenants of all occupied units in HUD-owned and Mortgagee-In-Possession (MIP) properties.
5. Accounting Requirements
The contractor will maintain all accounting records for HUD-owned multifamily projects in the Mortgage Loan Inventory and Property Disposition portfolio; as well as account for transactions associated with Mortgagee in Possession (MIP) activity, in accordance with HUD requirements referenced below. The records shall be in a form that permits effective audit and full disclosure of the results of the projects' operations and the financial conditions of each project.
The contractor must maintain a descriptive posting model that is comprised of all
*
* Multifamily Post Code and/or Accounting Event
* Mortgage/Property Servicing Account Number
* HUD General Ledger Account Number (US Standard
* Description of Transaction or Accounting Event
* Period Posted (month, day, and year)
* Activity Type
* Fund and Cohort
* Section of Act (SOA)
* Amount
The contractor shall provide complete and comprehensive project accounting information using the accrual method of accounting. Included in this requirement is the capability to post financial transactions to Standard
Obligations; Expenditures; Costs and expenses; Earning of revenue; and Receipt and disbursement of cash
At a minimum, the contractor shall post transactions, at the project level, in accordance with the following major accounting events:
Note Receivables (by type) Accounts Receivables (by type) Escrows Cash Collections (by type) Cash Disbursements (by type) Miscellaneous or Unapplied Funds Acquisition cost and income and expenses converted from Multifamily Mortgage Notes to Property and vice versa. Acquisition cost and income and expense conveyed from Multifamily Claims Earnest money and sales proceeds receipts Profit or Loss on Note terminations (Asset Sales, Paid-In-Full, Restructures, etc.) Accounts Payables (by classification) Investments of owner's reserve funds Allowance for Loss Post Codes and/or Accounting Events
The contractor must be capable of accessing and reconciling bank and
The servicing contractor shall be capable of producing the following:
* A Gross Accounting report that includes beginning balances, gross activities and ending inventories at the project and note type level;
* Periodic and ad hoc financial reports as required, including but not limited to trial balances, contract obligations and expenditures report, and quarterly Treasury Report on Receivables (TROR);
* Automated aging of aged delinquency receivable reports; establish and maintain individual project files which shall include all source documents used for each transaction, for review and audit as directed by the COR's;
* Assurance of availability and sufficiency of funds in a contractor's budget, at the project or task order level, prior to disbursement; provide associated accounting reports for monthly reconciliation.
* Bank statement reconciliations, if applicable;
* Receipt and accountability for sales proceeds and support sales activities related to Transfers of Physical Assets (of MIP) and project sales (for HUD owned and foreclosure sales/activities).
The service provider must be able to electronically interface all financial data to the FHA Subsidiary Ledger (FHASL), on a daily basis, and provide a corresponding trial balance report that must agree with the daily and monthly activities as reported to HUD. The service provider shall provide remote access to the system it uses for servicing to the accounting staff designated by FHA management, if applicable. The access should permit monthly or, specified date range, inquiries into the Subsidiary Ledger balances on a specific project number, account number, transaction type, or accounting event that updated the General Ledger. Users shall be able to retrieve reports, either as recurring or demand reports, as selected by the user. The Contractor shall ensure that each report can be displayed on screen at the PC, printed at a selected printer or, can be in PDF form with print capability and downloadable into Microsoft Excel.
6. Multifamily Housing Loan Servicing and Property Management IT Requirements
IT solutions for this organizational services contract will specify their environment in support of
In either case, the service provider is an agent for HUD with the responsibility to safeguard HUD's Multifamily data. As such, the service provider must comply with HUD IT policy directives,
* Providing automated support services for HUD's Multifamily Mortgage Loan Servicing and Accounting, Property Management Servicing and Accounting, and Section 202/811 Direct Loan Uniform Commercial Code Set-up and Maintenance requirements.
* Providing the HUD customer with on-line support and access to the service provider's automated systems between the hours of
* Processing email. Send/Receive correspondence with attachments in Microsoft Office.
* Suite formats. Documentation created for and directed to HUD will be in an editable Microsoft Office format. Documentation directed to HUD shall be the property of HUD with full discretion for its distribution.
* Providing for Internet-based access via web-browsers.
* Using the Microsoft Office Suite for reporting and documenting.
* Compliance with Federal Information Security Management Act (FISMA) -- develop, document, and implement a program to provide security for the data, and information systems that support the operations and assets of the Department, including those provided or managed by a service provider. The NIST and OMB directives for this level of protection focus on:
o Categorizing Information and Information Systems According to Risk Level
o Documenting and evaluating Risk
o Executing a Security Plan. Having in- place security controls
o Employing Certification and Accreditation processing
o Processing must be in-place for Continuous Monitoring and Status Reporting
* Providing Disaster Recovery and Continuity of Operations Services o Infrastructure backup.
o Data backup
o Configuration Management for hardware and software. Scheduling releases with advanced notification to
* Employing access authentication and user management. User management is to include recertification of needed software access.
* Employing a documented and mature software development framework. This includes development tool usage and IT policy directives within the service provider's organization. Employing template-driven documentation standards. Lacking a documented framework, the service provider shall employ HUD's Project Planning and Management (PPM) framework for documenting system life-cycle phases.
* Using professional Database constructs/tools that are aligned with database structures/tools supported within HUD's Technical Reference Model. Data elements and storage records are to be documented in a dictionary.
* Providing automated Reporting Capabilities via either own-code and/or Business Intelligence (BI) software. BI tools employed by the service provider shall be those defined in HUD's Technical Reference Model. HUD supports SAS, Hyperion,
* Accounting for HUD-owned Licenses and equipment provided to the service provider by HUD.
* Billing to HUD for IT Infrastructure Support will be accounted for separately from Multifamily business functionality and related staffing. Billing from the service provider will be associated with a specific monthly time-period.
* Complying with accessibility requirements as specified in Section 508 of the Rehabilitation Act of 1973.
* Offering solutions that require developing/hosting application software within HUD's IT infrastructure will require the HUD-hosted system(s) to be documented using HUD's Project Planning and Management (PPM) documentation suite, and follow HUD's IT policy directives/handbooks for: Security, IT Governance, Enterprise Architecture, and Configuration Management.
* Providing for Transition to either HUD or designated support contractors at contract end or as stated by the HUD Contracting Officer (CO). The service provider will provide a Transition Plan and fully staff the transition of data and related documentation artifacts to HUD or the HUD CO's designee.
Link/URL: https://www.fbo.gov/notices/4e6cffeb80b31363e18f5c50efc69ef5
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