B-137210, JUL. 16, 1959

B-137210: Jul 16, 1959

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THOMAS STACEY BUBIER: REFERENCE IS MADE TO YOUR LETTER OF JUNE 26. FOR OTHER PURPOSES" WHICH IS THE SUBJECT OF A SIMILAR BILL. YOUR OBSERVATION THAT "THE SERVICEMAN OUGHT NOT TO BE ABLE TO CLAIM THE RELIEF AFFORDED BY THE STATUTE UNLESS HE SHOWS ON RECORD THAT HE IS ENTITLED TO IT" SEEMS TO BE A REASONABLE ONE. WE APPRECIATE YOUR INTEREST IN THIS PROPOSED LEGISLATION AND THE VIEWS AND COMMENTS YOU HAVE MADE.

B-137210, JUL. 16, 1959

TO MR. THOMAS STACEY BUBIER:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 26, 1959, CONCERNING OUR LETTER OF SEPTEMBER 9, 1958, TO THE HONORABLE OLIN E. TEAGUE WITH RESPECT TO H.R. 13794, 85TH CONGRESS,"A BILL TO AMEND SECTION 302 OF THE SOLDIERS AND SAILORS CIVIL RELIEF ACT OF 1940 WITH RESPECT TO THE METHOD OF FORECLOSURE OF MORTGAGES, AND FOR OTHER PURPOSES" WHICH IS THE SUBJECT OF A SIMILAR BILL, H.R. 6636, INTRODUCED IN THE 86TH CONGRESS.

THE CURRENT BILL EMBODIES SEVERAL MODIFICATIONS WHICH CONFORM WITH OUR COMMENTS ON H.R. 13794 AND, AS INDICATED IN YOUR LETTER, ITS PROVISIONS REPRESENT AN IMPROVEMENT OVER THOSE OF THE PREVIOUSLY PROPOSED BILL.

YOUR OBSERVATION THAT "THE SERVICEMAN OUGHT NOT TO BE ABLE TO CLAIM THE RELIEF AFFORDED BY THE STATUTE UNLESS HE SHOWS ON RECORD THAT HE IS ENTITLED TO IT" SEEMS TO BE A REASONABLE ONE. HOWEVER, IN OUR OPINION, SUCH FACT WOULD NOT JUSTIFY LEGISLATIVE ACTION WHEREBY THE JUST AND EQUITABLE RIGHTS OF OTHERS DERIVED FROM THE SERVICEMAN MAY BE IMPAIRED OR CUT OFF EVEN THOUGH, AS YOU SUGGEST, SUCH HARDSHIP CASES MIGHT BE FEW IN NUMBER.

WE APPRECIATE YOUR INTEREST IN THIS PROPOSED LEGISLATION AND THE VIEWS AND COMMENTS YOU HAVE MADE.