B-230612 March 25, 1988

B-230612 March 25, 1988

Mr. Toshiro Suyematsu Assistant United States Attorney District of Wyoming P. O. Box 668 Cheyenne, Wyoming

Dear Mr. Suyematsu:

By telephone conversation on March 16, 1988, you formally requested consideration by this Office of an application for a Release of a Federal Lien, requested by the Hilltop National Bank. The federal lien is on real property located in Natrona County, Wyoming, owned by Mr. John W. Harmon, against whom the Department of Labor obtained a judgement for failure to pay his employees $11,092.13 I overtime compensation pursuant to the Fair Labor Standards Act of 1938 (as amended).

As you know, our authority to issue Certificates of Release of junior liens on real property held by the United States, is provided by 28 U. S. C. Sec. 2410 (e). Based on our review of the documents submitted, the requirements of the statute appear to have been satisfied. Accordingly, the Certificate of Release has been prepared and is enclosed.

Sincerely yours,

Comptroller General of the United States

OFFICE OF THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D. C.

CERTIFICATE OF RELEASE

KNOWN ALL MEN BY THERS PRESENT THAT:

WHEREAS, title 28, United States Code, section 2410 (e) provides as follows:

"Whenever any person has a lien upon any real or personal property, duly recorded in the jurisdiction in which the property is located, and a junior lien, other than a tax lien, in favor of the United States attaches to such property, such person may make a written request to the officer charged with the administration of the laws in respect of which the lien of the United States arises, to have the same extinguished. If after appropriate investigation, it appears to such officer 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, or that the claim of the United States has been satisfied or by lapse of time or otherwise has become unenforceable, who may issue a certificate releasing the property from such lien."; and

WHEREAS, on January 3, 1986, a judgment in the amount of $11,092.13 was entered against John W. Harmon and Merchant's Patrol and Security, Inc. in favor of the United States Department of Labor in the United states District Court for the District of Wyoming, Civil Action No. C-85-0427; and

WHEREAS, as a result of this judgement, a lien attached to certain properties located in Natrona County, Wyoming, and more particularly bounded and described as all that certain piece or parcel of land on the:

East Half of the North 65 Feet of Lot 130, and the North 65 feet of Lots 131 and 132, Kenwood Addition to the City of Casper, Natrona County, Wyoming; and

Lot 4, Spear's Subdivision of Block numbered 58 and all of Lot 3, Block 57, except the west 20 feet of the White's Addition to the City of Casper, Natrona County, Wyoming.

Said lien being filed on February 6, 1987, at 9:01 a. m., in the Office of the Natrona County Clerk, Casper, Wyoming, Instrument No. 421062, in the amount of $11,092.13; and

WHEREAS, the time the government's lien attached to this property, it was encumbered by mortgages in which the total principal amount due was $42,666.53, and other amounts payable thereunder, executed by John W. Harmon to Hilltop National Bank, the first of which was recorded December 20, 1983, at 3:53 p. m. , in the Office of the Natrona County Clerk, Wyoming ,as Instrument No. 363061, the second of which was recorded on May 12, 1983, at 3:43 p. m., in the Office of the Natrona County Clerk, Wyoming, as Instrument No. 351135; and

WHEREAS, the holder of the senior liens, Hilltop National Bank, has requested a release of the government's lien on the above - mentioned properties; and

WHEREAS, John W. Harmon has paid $2,432.13 of said $11,092.13 federal judgment, leaving a judgment lien balance of $8,660 on said property; and

WHEREAS, the United States Attorney , Cheyenne, Wyoming, is the officer charged with the administration of the laws in respect of which the lien of the United States arises; and

WHEREAS, the United States Attorney has reported that the lien of the United States is junior to the mortgage of the applicant and is not a tax lien; and

WHEREAS, the united States Attorney has found that the proceeds from the sale of the involved property will be insufficient to satisfy in whole or in part the junior lien held by the United States; and

WHEREAS, the United States Attorney and the Department of Labor have found that an offer by John W. Harmon to pay the sum of $2,500 in consideration for release of the federal lien, would be acceptable and in the best interests of the United States Government;

NOW THEREFORE, under authority of the above - quoted statutory provision, 28 U. S. C. Sec. 2410 (e), I hereby issue the certificate of release of the property hereinbefore described from such lien as arose in favor of the United States on account of the aforesaid federal judgement, insofar as the same may be a lien as arose in favor of the United States on account of the aforesaid federal judgment, insofar as the same may be a lien or charge on or against said property. This certificate is not intended to and shall not operate as a release, satisfaction, or discharge of any lien of the United States arising out of the aforementioned judgment of January 29, 1985, except with respect to the property described above.

IN WITNESS WHEREOF, I hereunto set my hand and seal this 25th day of March, 1988.

Comptroller General of the United States