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B-208479 1 (1983-03-16)

handle is hein.gao/gaobadkyb0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OECISION OF THE UNITED STATES - v WABHINGTON. 0.C. 20548 FILE: B-208479 DATE: March 16, 1983 MATTER OF: Harvey C. Varenhorst - Real Estate Expenses - Loan Origination Fee DIGEST: Transferred employee paid a lump-sum, 1 percent investigating and processing fee of $794 on mortgage loan to lending insti- tution in connection with purchase of residence at new duty station. Since fee was stated to be a loan origination fee, it is a finance charge within the meaning of Regulation Z (12 C.F.R. Part 226), reimbursement of which is precluded, absent itemization to show that items are excluded from the definition of a finance charge by 12 C.F.R. S 226.4(e). Mr. Harvey C. Varenhorst, an employee of the Drug Enforcement Administration, Department of Justice, has appealed Settlement Certificate Z-2830908, dated April 19, 1982, issued by our Claims Group, which denied his claim for reimbursement of a 1 percent loan origination fee. The fee of $794 on the mortgage loan was incurred in connection with Mr. Varenhorst's purchase of a residence in Manassas, Virginia, incident to his change of official station from Miami, Florida, to Washington, D.C., in September 1979. Mr. Varenhorst has submitted a reclaim voucher in the amount of $794 representing the loan origination fee. The sole issue for determination is whether Mr. Varenhorst is entitled to reimbursement of the loan origination fee. For the reasons hereafter stated, the fee may not be reimbursed. Mr. Varenhorst contends, in essence, that he was ordered to transfer from Miami to Washington, D.C.; that his travel orders authorized reimbursement of necessary, reason- able, and customary expenses incurred in the sale and purchase of residences at the old and new duty stations; that the Real Estate Settlement Procedures Act of 1974, as amended in 1975, states that a loan origination fee is a

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