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B-188814 1 (1978-03-08)

handle is hein.gao/gaobadftv0001 and id is 1 raw text is: ( TH6 COMPTROLLER SENERAL WAUHINOTON. D.C. ROA4U WITr. FILE: 3-188814 MATTER DIGEST: DATE: treh 8 1,98 OF: NiciSel 0. Harvey - Default on Home Rbrtgage Loan &aranteel by Veterans AdMinintration 1. Veteran, as original obligor on home mortgage. par- anteed by Veterans Adminiatrat.on'(VA) is personally liable to reimburse the United States for mnaeyo paid by VA as reenlt of default-and foreclosure on lean, even though prior to foreelosure'ha had trans- farred property to another individual who assured him that he would no longer be liable to VA, sine. veteran did not obtain release of liability from VA prtor to sale of property. 2. Vetera is not eligible for retroactive waiver of liabilIty under,38 U.S.C. I 1817(b) since he would nothare been eligible foi: release if he had applied therefor at the time he disposed of the property. Mreover, request by veteran -bat debt be waived as denied by VA and uur Office has no authority to ovsrturn that decision. Mr. Michael 0. Haney has requested reconsideration of our Claims Division Settlement Certificate Z-2633615-076, -dated January 14, 1977, certifying Mt. Harvey to be indebted to the United States in the amount of $4,354.60 plus intereat, arising out of a.default and foreclosure on a home mortgage loanA'hich'was guaranteod by the Veterans Adminis- trution (VA). Based on the information contained in the files of the Claims Division, the facts concerning this matter appear to be as follows. On September 4, 1970, a VA guaranteed hoe mortgage loan to Mr. Harvey was closed in ithe amount of $22,500. This loan went into default on October l, 1972, and on September 27, 1973, the bolder of the note foreelbsed. Subsequently, on February 11, 1974, the VA paid a claim on its guarantee. Under the terms of the VA's guarantee, this amount was paid on behalf of Mr., Harvey and repre- sentr a debt he owes the United States. Upon being contacted by the VA and asked to pay this debt, Wt. Harvey requested that the indebtedness be waived, claiming, in , 1 -- I.... I

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