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B-140526, MAR. 3, 1960

B-140526 Mar 03, 1960
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CONLIN IS THE HOLDER OF A SENIOR LIEN AGAINST THE PROPERTY. THE GOVERNMENT LIEN WAS IMPOSED PURSUANT TO A JUDGMENT ENTERED ON NOVEMBER 10. YOU INFORM US THAT YOU HAVE HAD MR. JENSEN REMOVED FROM THE FARM AND THAT IT IS VACATED. YOU ALSO SAY THAT NO CONSIDERATION WAS GIVEN TO MR. JENSEN AND THAT IT IS NOW QUITE CLEAR THAT THE FARM IS NOT NOW WORTH THE AMOUNT OWED BY MR. YOUR FURTHER STATE THAT YOU ARE WRITING TO THE VETERANS ADMINISTRATION ON THIS MATTER. AS WE HAVE EXPLAINED TO YOU IN OUR LETTER OF NOVEMBER 17. ONE OF THE PREREQUISITES FOR THE EXECUTION OF A CERTIFICATE OF RELEASE BY THE COMPTROLLER GENERAL UNDER 28 U.S.C. 2410 (D) IS THAT THE OFFICER CHARGED WITH THE ADMINISTRATION OF THE LAWS IN RESPECT OF WHICH THE LIEN OF THE UNITED STATES ARISES.

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B-140526, MAR. 3, 1960

TO MR. D. E. JENSEN, ATTORNEY AT LAW:

ON FEBRUARY 19, 1960, YOU COMMUNICATED FURTHER WITH US REGARDING THE REQUEST OF MR. JOHN J. CONLIN, YOUR CLIENT, THAT A JUNIOR LIEN IN FAVOR OF THE UNITED STATES AGAINST A CERTAIN PARCEL OF LAND BE RELEASED. MR. CONLIN IS THE HOLDER OF A SENIOR LIEN AGAINST THE PROPERTY. THE GOVERNMENT LIEN WAS IMPOSED PURSUANT TO A JUDGMENT ENTERED ON NOVEMBER 10, 1955, AGAINST MR. LYNN R. JENSEN OF LUCK, WISCONSIN, IN THE AMOUNT OF $861.99.

YOU INFORM US THAT YOU HAVE HAD MR. LYNN R. JENSEN REMOVED FROM THE FARM AND THAT IT IS VACATED. YOU ALSO SAY THAT NO CONSIDERATION WAS GIVEN TO MR. JENSEN AND THAT IT IS NOW QUITE CLEAR THAT THE FARM IS NOT NOW WORTH THE AMOUNT OWED BY MR. JENSEN ON HIS CONTRACT. YOUR FURTHER STATE THAT YOU ARE WRITING TO THE VETERANS ADMINISTRATION ON THIS MATTER.

AS WE HAVE EXPLAINED TO YOU IN OUR LETTER OF NOVEMBER 17, 1959, ONE OF THE PREREQUISITES FOR THE EXECUTION OF A CERTIFICATE OF RELEASE BY THE COMPTROLLER GENERAL UNDER 28 U.S.C. 2410 (D) IS THAT THE OFFICER CHARGED WITH THE ADMINISTRATION OF THE LAWS IN RESPECT OF WHICH THE LIEN OF THE UNITED STATES ARISES--- IN THIS CASE THE ADMINISTRATOR OF VETERANS AFFAIRS --- REPORT TO US THAT HE HAS FOUND THAT THE PROCEEDS FROM THE SALE OF THE PROPERTY WOULD BE INSUFFICIENT TO WHOLLY OR PARTLY SATISFY THE LIEN OF THE UNITED STATES, OR THAT THE CLAIM OF THE UNITED STATES HAS BEEN SATISFIED OR BY LAPSE OF TIME OR OTHERWISE HAS BECOME UNENFORCEABLE. THE ADMINISTRATOR OF VETERANS AFFAIRS HAS MADE NO SUCH FINDING.

ACCORDINGLY, ON THE PRESENT RECORD WE ARE WITHOUT AUTHORITY TO EXECUTE THE REQUESTED CERTIFICATE OF RELEASE.

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