B-141585, JAN. 11, 1960
Highlights
YOU CONTEND THAT YOU WERE NOT GIVEN SUFFICIENT NOTICE PRIOR TO FORECLOSURE AND THAT YOU WERE NOT AFFORDED AN OPPORTUNITY TO BID IN AT THE SALE. THE VETERANS ADMINISTRATION HAS STATED THAT YOU WERE AFFORDED AMPLE NOTICE AND THAT YOU FAILED TO TAKE ANY ACTION TO AVERT THE FORECLOSURE. THIS OFFICE IS BOUND. SINCE YOUR INDEBTEDNESS IS PREDICATED ON THE BASIS OF THE DETERMINATION MADE BY THE ADMINISTRATOR OF VETERANS AFFAIRS UNDER THE ABOVE-QUOTED PROVISIONS OF LAW AND SINCE. SUCH DETERMINATION IS FINAL AND CONCLUSIVE UPON ALL OFFICERS OF THE GOVERNMENT. THE ACTION TAKEN BY THE GENERAL ACCOUNTING OFFICE IN CERTIFYING YOU TO BE INDEBTED TO THE UNITED STATES IN THE AMOUNT OF $962.90 PLUS INTEREST IS SUSTAINED AND YOU ARE REQUESTED TO PAY THIS OBLIGATION IN ACCORDANCE WITH THE INSTRUCTIONS CONTAINED IN OUR LETTER OF OCTOBER 12.
B-141585, JAN. 11, 1960
TO MR. C. M. ROSS:
YOUR LETTER OF NOVEMBER 13, 1959, REQUESTS FURTHER CONSIDERATION OF THE MATTER OF YOUR INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $962.90 PLUS INTEREST RESULTING FROM YOUR DEFAULT ON GUARANTEED LOAN NO. LH 52292 TEY SA.
YOU CONTEND THAT YOU WERE NOT GIVEN SUFFICIENT NOTICE PRIOR TO FORECLOSURE AND THAT YOU WERE NOT AFFORDED AN OPPORTUNITY TO BID IN AT THE SALE.
THE VETERANS ADMINISTRATION HAS STATED THAT YOU WERE AFFORDED AMPLE NOTICE AND THAT YOU FAILED TO TAKE ANY ACTION TO AVERT THE FORECLOSURE. IN THIS CONNECTION, THIS OFFICE IS BOUND, IN THE ABSENCE OF CLEAR AND CONVINCING EVIDENCE TO SUPPORT A CONTRARY ALLEGATION, TO ACCEPT THE FACTS AS ADMINISTRATIVELY REPORTED.
FURTHERMORE, SECTION 509 (C) OF THE ACT OF DECEMBER 28, 1945, 38 U.S.C. 1220 (C) PROVIDES AS FOLLOWS:
"/C) THE FINANCIAL TRANSACTIONS OF THE ADMINISTRATOR INCIDENT TO, OR ARISING OUT OF, THE GUARANTY OR INSURANCE OF LOANS PURSUANT TO THIS CHAPTER, AND THE ACQUISITION, MANAGEMENT, AND DISPOSITION OF PROPERTY, REAL, PERSONAL, OR MIXED, INCIDENT TO SUCH ACTIVITIES AND PURSUANT TO THIS SECTION, SHALL BE FINAL AND CONCLUSIVE UPON ALL OFFICERS OF THE GOVERNMENT.'
SINCE YOUR INDEBTEDNESS IS PREDICATED ON THE BASIS OF THE DETERMINATION MADE BY THE ADMINISTRATOR OF VETERANS AFFAIRS UNDER THE ABOVE-QUOTED PROVISIONS OF LAW AND SINCE, THEREUNDER, SUCH DETERMINATION IS FINAL AND CONCLUSIVE UPON ALL OFFICERS OF THE GOVERNMENT, WE CANNOT RECOVER THE INDEBTEDNESS. HOWEVER, THE FILE CONTAINS SUFFICIENT EVIDENCE TO INDICATE THAT THE VETERANS ADMINISTRATION HAS GIVEN DUE CONSIDERATION TO THE MATTER.
THEREFORE, THE ACTION TAKEN BY THE GENERAL ACCOUNTING OFFICE IN CERTIFYING YOU TO BE INDEBTED TO THE UNITED STATES IN THE AMOUNT OF $962.90 PLUS INTEREST IS SUSTAINED AND YOU ARE REQUESTED TO PAY THIS OBLIGATION IN ACCORDANCE WITH THE INSTRUCTIONS CONTAINED IN OUR LETTER OF OCTOBER 12, 1959, TO YOU.