B-149538, JUL. 31, 1962

B-149538: Jul 31, 1962

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THE UNITED STATES WERE NAMED AS PARTY DEFENDANTS. ALSO THE INTEREST OF THE GOVERNMENT IS DESCRIBED IN THE COMPLAINT AS A JUDGMENT ENTERED AGAINST THE DEFENDANT JOSEPHINE PASTORELLO IN THE CASE ENTITLED UNITED STATES OF AMERICA V. ORDER TO RESPOND TO THE UNITED STATES ATTORNEY YOU REQUEST TO BE ADVISED OF THE DETAILS OF THE JUDGMENT AND WHETHER OUR OFFICE OR ANY GOVERNMENT AGENCY IS IN A POSITION TO MAKE A PROTECTIVE BID AT THE FORECLOSURE SALE. COPY OF THE JUDGMENT IS ENCLOSED FOR YOUR USE. COLLECTION ACTIONS TAKEN BY THIS OFFICE PROVED UNSUCCESSFUL AND NO FURTHER COLLECTION ACTION WAS TAKEN ON THIS MATTER SINCE 1954. IT IS NOTED THAT THERE ARE DIFFERENCES IN THE CAPTION AND CASE NUMBER BETWEEN THE JUDGMENT CASE BEFORE THIS OFFICE AND THAT SET FORTH IN THE INSTANT COMPLAINT.

B-149538, JUL. 31, 1962

TO JOSEPH D. GUILFOYLE, ACTING ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF JUSTICE:

YOUR LETTER OF JULY 20, 1962, FORWARDED TRANSMITTAL LETTERS FROM THE UNITED STATES ATTORNEY, WESTERN DISTRICT OF NEW YORK AND COPY OF SUMMONS AND COMPLAINT SERVED UPON THE ATTORNEY GENERAL IN THE ABOVE CAPTIONED FORECLOSURE SUIT.

YOU CALL ATTENTION TO THE FACT THAT TIGHE E. WOODS, EXPEDITER, OFFICE OF HOUSING EXPEDITOR, AND THE UNITED STATES WERE NAMED AS PARTY DEFENDANTS. ALSO THE INTEREST OF THE GOVERNMENT IS DESCRIBED IN THE COMPLAINT AS A JUDGMENT ENTERED AGAINST THE DEFENDANT JOSEPHINE PASTORELLO IN THE CASE ENTITLED UNITED STATES OF AMERICA V. JOSEPHINE PASTORELLO, UNITED STATES DISTRICT COURT, WESTERN DISTRICT OF NEW YORK, CIVIL ACTION NO. 8931. ORDER TO RESPOND TO THE UNITED STATES ATTORNEY YOU REQUEST TO BE ADVISED OF THE DETAILS OF THE JUDGMENT AND WHETHER OUR OFFICE OR ANY GOVERNMENT AGENCY IS IN A POSITION TO MAKE A PROTECTIVE BID AT THE FORECLOSURE SALE.

THE RECORDS OF THIS OFFICE REVEAL THE RECEIPT FROM THE FORMER OFFICER OF THE HOUSING EXPEDITER OF A CLAIM FOR COLLECTION IN THE AMOUNT OF $27.20 REPRESENTING THE COURT COSTS UNCOLLECTED AS A JUDGMENT IN THE AMOUNT OF $131.40 FOR OVERCHARGE OF RENT, OBTAINED BY THE UNITED STATES IN THE CASE OF TIGHE E. WOODS, HOUSING EXPEDITER, OFFICE OF THE HOUSING EXPEDITER, V. JOSEPHINE PASTORELLO, CIVIL ACTION NO. 3759, DATED AUGUST 30, 1948. COPY OF THE JUDGMENT IS ENCLOSED FOR YOUR USE. COLLECTION ACTIONS TAKEN BY THIS OFFICE PROVED UNSUCCESSFUL AND NO FURTHER COLLECTION ACTION WAS TAKEN ON THIS MATTER SINCE 1954.

IT IS NOTED THAT THERE ARE DIFFERENCES IN THE CAPTION AND CASE NUMBER BETWEEN THE JUDGMENT CASE BEFORE THIS OFFICE AND THAT SET FORTH IN THE INSTANT COMPLAINT. IT MAY BE CONCLUDED THEREFORE THAT THE JUDGMENT REFERRED TO IN THE COMPLAINT ABOVE IS NOT THE SAME JUDGMENT WITH WHICH THIS OFFICE WAS CONCERNED.

WE ALSO CALL TO YOUR ATTENTION THE FACT THAT THE UNITED STATES ATTORNEY IN HIS LETTER OF JULY 9, 1962, REQUESTED THE FHA TO BE ADVISED OF THIS PROPOSED SALE TO DETERMINE WHETHER A PROTECTIVE BID SHOULD BE ENTERED. SINCE THE PARTICULARS OF THE JUDGMENT RENDERED IN THE CASE, CIVIL ACTION NO. 8931, WERE AVAILABLE TO THE UNITED STATES ATTORNEY IT MAY BE ASSUMED THAT THE JUDGMENT IN THAT CASE PROBABLY INVOLVED THE FEDERAL HOUSING ADMINISTRATION CONSIDERING THE SPECIFIC MENTION OF THAT AGENCY IN HIS LETTER OF JULY 9, 1962.

THIS OFFICE IS WITHOUT FUNDS FOR MAKING A PROTECTIVE BID IN THE FORECLOSURE SUIT. UNDER THE CIRCUMSTANCES A PROPER BASIS FOR THE INTERPOSITION OF PROTECTIVE MEASURES BY THIS OFFICE DOES NOT APPEAR NECESSARY IN THE INSTANT MATTER.