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IN RE GOSHA

Bankruptcy No. 85-03790G, Adv. No. 85-0844G.

59 B.R. 280 (1986)

In re Rosalie GOSHA a/k/a Rosalie Dolford, Debtor. Rosalie GOSHA, Plaintiff, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, and Samuel R. Pierce, Jr., Secretary, United States Department of Housing and Urban Development, and James J. O'Connell, Chapter 13 Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

April 8, 1986.

Attorney(s) appearing for the Case

Alan M. White, Community Legal Services, Inc., Philadelphia, Pa., for debtor/plaintiff Rosalie Gosha a/k/a Rosalie Dolford.

Gary E. McCafferty, Joseph A. Goldbeck, Jr., Philadelphia, Pa., for defendant, Federal Nat. Mortg. Ass'n.

Virginia R. Powel, Asst. U.S. Atty., Philadelphia, Pa., and Karen S. Berger, Peter M. Campanella, Office of the Regional Counsel, Dept. of HUD, Philadelphia, Pa., for defendant, Samuel Pierce, Secretary U.S. Dept. of HUD.

James J. O'Connell, Philadelphia, Pa., Chapter 13 standing trustee.

OPINION

EMIL F. GOLDHABER, Chief Judge:

The query here presented is whether a debtor has a cause of action under the Federal Tort Claims Act ("FTCA") or the Administrative Procedures Act ("APA") due to the failure of the United States Department of Housing and Urban Development ("HUD") to decide whether to accept assignment of the debtor's mortgage prior to foreclosure of that mortgage. On the basis of the reasons...

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