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B-194897 1 (1979-08-13)

handle is hein.gao/gaobadhmy0001 and id is 1 raw text is: DECISION FILE: B-194897 ' THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 DATE:August 13, 1979 MAATTER OF:Paul Waliga -LRe uest for Release of Judgment Lien on Real Property DIGEST: Notwithstanding doubt that valid judgment lien exists, real property owner's request for release of lien under 28 U.S.C. § 2410(e) on basis that outstanding judgment against former owner creates a cloud on title is denied, since applicant holds title acquired in foreclosure sale and is not lien holder as required by statute. kf Mr. Paul Waliga has requested a release of a lien on real property owned by him and located in Leon County, Florida, arising from a judgment entered in favor of the United States against Marvin V. Scott, the former owner of the property. Mr. Waliga states that, in the circumstances described below, the outstanding judgment against Scott is a cloud on the property title. However, instead of filing suit to quiet title, he asked the Department of Justice to issue a release of the lien, and Justice has forwarded the request to us for consideration under 28 U.S.C. § 2410(e) (1976). While it is doubtful that the United States has a valid lien on Mr. Waliga's property, for the reasons that follow, we are unable to honor Mr. Waliga's request. The lien in question arose from a March 30, 1962, judgment in the District Court for the Middle District of Alabama against Mr. Marvin V. Scott in favor of the United States. Scott later moved to Florida, and the Justice Department registered the Alabama judg- ment in Florida on March 29, 1972. Under 28 U.S.C. H§ 1962 and 1963, a judgment obtained in the District Court of one State and registered in another State creates a lien on property in the second State to the same extent as a judgment in that State's own courts of general jurisdiction. Therefore, Florida law is controlling with respect to the Government's lien interest, if any, in the property in question. In January, 1972, Mr. Scott and his wife purchased the property in question, taking title as tenants by the entirety. The Scotts subsequently defaulted on a second mortgage, and Mr. Waliga purchased the property at a foreclosure sale in 1978. The judgment against Marvin Scott remains outstanding. Ordinarily, a judgment recorded in Florida creates a lien interest in all the real property owned by the debtor. Fla. Stat. Ann. § 55.10 Winitrs

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