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B-191103 1 (1978-03-09)

handle is hein.gao/gaobadtgf0001 and id is 1 raw text is: 


                   UNITED STATES GENERAL ACCOUNTING OFFICE
                           WASHINGTON, D.C. 20548

POVFIpC OF GENERAL COUNSEL.

                                              MAR 9  1978


   Ms. Andrea Sheridan Ordin, Esq.
   United States Attorney
   Central District of California
   United States Court House
   312 No. Spring Street
   Los Angeles, California 90012

        Attention: Mr. Hugh W. Blanchard
                  Assistant U.S. Attorney

   Dear Ms. Ordin:

        Subject, Claim Against
                Claim No. 77-2294, VA File: 345102, USDA Arlz.
                File: 77-1524

        This is in response to your letter of January 11, 1978, cocerning
   the validity of the subject claim.                   purchased
   property in Arizona from the Veterans Admilstration (VA) in Novem-
   ber 1966, and executed a note and mortgage securing navment to the
   VA in the amount of $14. 025. In November 1976, the      sold
   the propertv to a                    who apparently declined to
   assume the         loan. The         then moved to Cslifornia. On
   November 1i, itiu, in reponse to a request from the       agent,
   the VA stated that the amount due on the loan was $ ,150. 35 plus
   interest as of November % 1976. This statement was incorrect.
   The amount actually du9 on the loan was $11. 603. 70 plus interest.
   The sale of the property was then completed, based on the erroneous
   premise that only $'i I50. 35 was due on the loan. Satisfaction of
   VA's mortgage on this property was issued and recorded and VA
   subsequently discovered its error. The auestion is whether the Govern- !
   ment has a valid claim against                    for $4, 412.40,
   the difference between what was in fact due on the loan and the amont
   quoted by the Government.'

        In your letter, you questioned whether a claim against
                would be barred by the Court's decision in United States
   v.        Y523 F. 21 1070 (9th Cir. 1075). In      th__ G tM iit
   suedifora claimed deficiency resulting from a foreclosure sale fol-
   lowing a default on a direct loan made by the VA. The saledid not
   bring the full amount due and VA claimed the deficiency. The issue




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