B-152569, FEB. 17, 1964

B-152569: Feb 17, 1964

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CRISER AND STEWART: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 17. AS YOU WERE ADVISED IN OUR LETTER OF OCTOBER 21. OUR AUTHORITY TO RELEASE LIENS IN FAVOR OF THE UNITED STATES IS CONTAINED IN SECTION 2410 (D) OF TITLE 28. FOUR OF THE CONDITIONS EXPRESSLY STIPULATED ARE (1) THAT A WRITTEN APPLICATION THEREFOR BY THE SENIOR LIENHOLDER BE MADE TO THE OFFICER CHARGED WITH THE ADMINISTRATION OF THE LAWS IN RESPECT OF WHICH THE LIEN OF THE UNITED STATES ARISES. (4) THAT A FINDING AND A REPORT THEREOF BE MADE BY THE OFFICER TO WHOM THE APPLICATION IS MADE THAT THE PROCEEDS FROM THE SALE OF THE PROPERTY WOULD BE INSUFFICIENT TO WHOLLY OR PARTLY SATISFY THE LIEN OF THE UNITED STATES. WE HAVE CONTINUOUSLY REQUIRED ADHERENCE TO ALL SUCH CONDITIONS BEFORE A RELEASE MAY BE EXECUTED UNDER THE PROVISIONS OF THE STATUTE.

B-152569, FEB. 17, 1964

TO WILLIAMSON, GUNSTER, YOAKLEY, CRISER AND STEWART:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 17, 1963, REQUESTING A RELEASE OF A LIEN IN FAVOR OF THE UNITED STATES ON PROPERTY INVOLVED IN THE CASE OF J. M. GOLDEN (DECEASED), CLARYSE W. GOLDEN, ET AL., FNMA NO. 09-636709-GG.

AS YOU WERE ADVISED IN OUR LETTER OF OCTOBER 21, 1963, REGARDING THIS SAME MATTER, OUR AUTHORITY TO RELEASE LIENS IN FAVOR OF THE UNITED STATES IS CONTAINED IN SECTION 2410 (D) OF TITLE 28, UNITED STATES CODE. UNDER THAT STATUTE THE COMPTROLLER GENERAL HAS NO AUTHORITY TO ISSUE A CERTIFICATE OF RELEASE OF LIENS OF THE UNITED STATES EXCEPT UPON THE CONDITIONS EXPRESSLY STIPULATED THEREIN. FOUR OF THE CONDITIONS EXPRESSLY STIPULATED ARE (1) THAT A WRITTEN APPLICATION THEREFOR BY THE SENIOR LIENHOLDER BE MADE TO THE OFFICER CHARGED WITH THE ADMINISTRATION OF THE LAWS IN RESPECT OF WHICH THE LIEN OF THE UNITED STATES ARISES, (2) THAT THE LIEN OF THE APPLICANT BE DULY RECORDED, (3) THAT THE LIEN OF UNITED STATES ON SUCH PROPERTY BE JUNIOR AND OTHER THAN A TAX LIEN, AND (4) THAT A FINDING AND A REPORT THEREOF BE MADE BY THE OFFICER TO WHOM THE APPLICATION IS MADE 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. WE HAVE CONTINUOUSLY REQUIRED ADHERENCE TO ALL SUCH CONDITIONS BEFORE A RELEASE MAY BE EXECUTED UNDER THE PROVISIONS OF THE STATUTE.

IN THE PRESENT CASE THE PROCEDURAL REQUIREMENTS OF THE STATUTE HAVE NOT BEEN MET IN THAT THE SECRETARY OF THE ARMY, WHO IS THE OFFICER CHARGED WITH ADMINISTRATION OF THE LAWS UNDER WHICH THE GOVERNMENT LIEN AROSE, HAS NOT FURNISHED THE NECESSARY REPORT TO THE COMPTROLLER GENERAL. HOWEVER, EVEN IF SUCH PROCEDURAL REQUIREMENTS COULD BE MET THE RECORD SHOWS THAT THE APPLICANT IN THIS CASE IS THE OWNER OF THE PROPERTY RATHER THAN ONE THAT "HAS A LIEN" ON THE PROPERTY AS STIPULATED IN THE STATUTE.

WHERE, AS IN THE PRESENT CASE, THE APPLICANT BECOMES THE OWNER OF THE PROPERTY SO THAT THE CONDITIONS STIPULATED IN THE STATUTE DO NOT EXIST, AND, IN THE ABSENCE OF SUCH CONDITIONS, OUR OFFICE IS WITHOUT AUTHORITY TO ISSUE A CERTIFICATE OF RELEASE.

A COPY OF THIS LETTER IS BEING SENT TO THE ATLANTA OFFICE OF THE FEDERAL NATIONAL MORTGAGE ASSOCIATION.