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90 Daily Wash. L. Rep. 1 (1962)

handle is hein.journals/dwlr90 and id is 1 raw text is: 
Volume 90 - Number 1


Tuesday January 2, 1962


  THE DAILY- WASHINGTON




Law Reporter


A Daily Newspaper of Legal Intelligence


0      Established 1874


Assignment of Judges


UNITED STATES DISTRICT COURT


      Effective January 2, 1962

Assignment Judge
........... Chief Judge McGuire
Motions Court No. 1 . . . Judge Sirica
Motions Court No. 2 .... Judge Curran

Criminal Court No. 1 . . Judge Holtzoff
Criminal Court No. 2 . . Judge Tamm
Criminal Court No. 3 Judge Youngdahl
Criminal Court No. 4 . . Judge Keech

Civil Court No. 1 (Jury) Judge Matthews
Civil Court No. 2 (Jury)
............. Judge McLaughlin
Civil Court No. 3 (Jury) . . Judge Hart
Civil Court No. 4 (Jury) .. Judge Walsh
Civil Court No. 5 (Non-Jury and Con-
demnation) ......... Judge Pine
Civil Co art No. 6 (Non-Jury and Pre-
Trial) ........ Judge McGarraghy
Civil Court No. 7 (Non-Jury)
.      .............Judge Curran

        MUNICIPAL COURT

    January 2  February 3, 1962

Criminal Division


U. S. Branch ....
D. C. Branch ....
Criminal Jury . . .
Traffic Branch . .


Civil Division


Motions ........
Small Claims . . .
Landlord & Tenant
Pretrial .......


... Judge Scalley
• . Judge Fickling
.Judge Kronheim
   Judge Howard


   Judge Barlow
.... Judge Kelly
... . Judge Hyde
.... Judge Beard


Domestic Relations

Motions ............ Judge Myers
................. Judge  Burnett
................. Judge  Ryan
General

................. Judge  Malloy
................. Judge  Reeves
.............. Judge Richardson
................Judge Smith
................Judge Walker


   FHA Relieves Mortgagors

   In Hardship Default Cases

   Neal J. Hardy, Commissioner of the
 Federal Housing Administration has
 a n no u n c e d an additional regulatory
 change designed to relieve financial
 pressures on persons whose mortgages
 may be in default because of hardship.

   The new procedure allows the lender
 and the mortgagor to agree on a method
 of payment of the defaulted portion of
 the mortgage to restore it ultimately
 to a current condition prior to the
 maturity date of the loan. This pro-
 cedure is subject only to the require-
 ment that the monthly payments be
 resumed after the forbearance in at
 least the amount specified in the mort-
 gage.

   Formerly, the mortgagor had to
resume his regular mortgage payments,
plus a sum to make up th defaulted
amount, immediately after the for-
bearance period was terminated.


  Commissioner Hardy said upon an-
nouncing the new regulation: It be-
came increasingly obvious that a pro-
cedure had to be devised to relieve
the mortgagor of the necessity of
of increasing his regular mortgage
p a y ments immediately after going
through a hardship period. This new
regulation will give the lender full
discretion to work out some method
for the borrower to make up the de-
faulted protion of the mortgage in such
a way as to give him a period of relief
from higher payments.

  Commissioner Hardy further stated,
Mortgagees are therefore encouraged
to avail themselves of this new pro-
cedure, cooperate with the FHA insuring
offices, as in the Hurricane Carla
emergency, and make every effort to
avoid foreclosure in hardship cases.

  The FHA Commissioner has authority
to act under two criteria to cure
a mortgage default: (1) if he finds that
the default is due to circumstances
beyond the mortgagor's control, and
(2) if he finds that the mortgage probably
will be restored to good standingwithin
a reasonable time.


U.S. Court of Appeals

  UNITED STATES

  Soldiers Home
  Inmtesof Soldiers' Home are soldiers
  whose unclaimed estates escheat to
United States.
  District of Columbia v. Wolverton
Admtr. U. S. App. D.C. No. 16,295,
December 7, 1961. Affirmed. Per
Washington, J. (Danaher and Burger,
J. J., concur.) H. Thomas Sisk with
Chester H. Gray, Milton D. Korman
and Hubert B. Pair for appellant.
Jerome I. Levinson with William H.
Orrick, Jr. and David C. Acheson,
Alan S. Rosenthal and David R. Wol-
verton for appellee United States.

  This case involves competing
claims of the United States and the
District of Columbia to escheat of the
moneys owned by an inmate of the
United States Soldiers' Home who died
in 1959, intestate and without legal
heirs or next of kin. The Soldiers'
Home is located in the District of
Columbia, and all parties agree that
the inmate here involved-Albert J.
Smith-was a resident of the District-
at his death. He had served for thirty-
one years in the Regular Army, was
retired in 1928, and entered the Home
in 1956. The District Court, sitting
as a Probate Court, awarded the moneys
to the United States. * * *

  The central question before us is
whether the provision in 24 U.S.C.
§44 for the appropriation of all moneys
belonging to the estates of 'deceased
soldiers' was intended by Congress
to include the moneys of an inmate of
the Soldiers' Home, retired from the
Army, who dies intestate and without
heirs. After careful consideration we
have concluded that Congress did so
intend, and that the claim of the United
States must prevail over that of the
District of Columbia.
       (Cont'd. on p. 4, Col. 1)

         TABLE OF CASES
UNITED STATES COURT OF APPEALS

District of Columbia v. Wolverton,
  Admtr. .................. 1

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