Donovan v. West

I dissent from the majority’s holding that the Secretary’s decision not to approve the veteran’s proposed deed in lieu of foreclosure is a matter that can be reviewed by appellate authority. Review of the relevant statutes and regulations establish that the decision is committed to agency discretion.

The Secretary is authorized to provide home loan guarantees to eligible veterans. See 38 U.S.C. §§ 3702, 3703. In the event of a default on a VA guaranteed loan, the mortgagee is required to notify VA of the default. See 38 U.S.C. § 3732(a)(1); 38 C.F.R. § 36.4316(a) (1997). The mortgagee must…