B-173705, JAN 17, 1972

B-173705: Jan 17, 1972

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IS AUTHORIZED BY THE TERMS OF 28 U.S.C. 2410(E) TO RELEASE ONLY JUNIOR LIENS OF THE UNITED STATES UPON THE APPLICATION OF A SENIOR LIEN HOLDER. THIS IS A MATTER SOLELY WITHIN THE JURISDICTION OF THE DEPARTMENT OF JUSTICE. CONCERNING RELEASE OF A JUDGMENT LIEN WHICH WE HAD PRESUMED WAS HELD BY THE UNITED STATES ON REAL PROPERTY OWNED BY YOUR CLIENTS ROGER AND RITA SAMARTINO. WE CAN ONLY SAY THAT OUR AUTHORITY IN THE MATTER WAS CONFINED TO THE PROCEDURE SET FORTH IN SECTION 2410(E) OF TITLE 28. YOU STATE THAT NOW THE SAMARTINOS HAVE BECOME THE FEE SIMPLE OWNERS OF THE PROPERTY IN QUESTION. THE COMPTROLLER GENERAL OF THE UNITED STATES IS AUTHORIZED BY THE TERMS OF SECTION 2410(E) TO RELEASE ONLY JUNIOR LIENS OF THE UNITED STATES UPON THE APPLICATION OF A SENIOR LIEN HOLDER.

B-173705, JAN 17, 1972

DISCHARGE OF JUDGMENT LIEN - GAO JURISDICTION THE COMP. GEN. IS AUTHORIZED BY THE TERMS OF 28 U.S.C. 2410(E) TO RELEASE ONLY JUNIOR LIENS OF THE UNITED STATES UPON THE APPLICATION OF A SENIOR LIEN HOLDER. GAO HAS NO AUTHORITY TO RELEASE A SENIOR LIEN OF THE UNITED STATES UPON THE APPLICATION OF THE LANDOWNER. THIS IS A MATTER SOLELY WITHIN THE JURISDICTION OF THE DEPARTMENT OF JUSTICE.

TO PERSKIE AND PERSKIE:

IN REPLY TO YOUR LETTER OF NOVEMBER 29, 1971, CONCERNING RELEASE OF A JUDGMENT LIEN WHICH WE HAD PRESUMED WAS HELD BY THE UNITED STATES ON REAL PROPERTY OWNED BY YOUR CLIENTS ROGER AND RITA SAMARTINO, WE CAN ONLY SAY THAT OUR AUTHORITY IN THE MATTER WAS CONFINED TO THE PROCEDURE SET FORTH IN SECTION 2410(E) OF TITLE 28, UNITED STATES CODE. YOU STATE THAT NOW THE SAMARTINOS HAVE BECOME THE FEE SIMPLE OWNERS OF THE PROPERTY IN QUESTION. AS WE STATED IN OUR LETTER TO YOU OF SEPTEMBER 2, 1971, THE COMPTROLLER GENERAL OF THE UNITED STATES IS AUTHORIZED BY THE TERMS OF SECTION 2410(E) TO RELEASE ONLY JUNIOR LIENS OF THE UNITED STATES UPON THE APPLICATION OF A SENIOR LIEN HOLDER. WE HAVE NO AUTHORITY TO RELEASE A SENIOR LIEN OF THE UNITED STATES UPON THE APPLICATION OF THE LANDOWNER. WITH THE EXCEPTION OF OUR AUTHORITY UNDER SECTION 2410(E), WE HAVE NO JURISDICTION WHATEVER CONCERNING THE DISCHARGE OF LIENS.

THIS IS A MATTER SOLELY WITHIN THE JURISDICTION OF THE DEPARTMENT OF JUSTICE AND THE ONLY SUGGESTION WE CAN MAKE IS THAT YOU CONTACT THE APPROPRIATE UNITED STATES ATTORNEY.