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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 . . ,- ~ , . . . ....... - I

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