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B-183611 1 (1975-09-02)

handle is hein.gao/gaobadcpt0001 and id is 1 raw text is: ot.LER -1 THE COMPTROiLLER GENERAL J ISIN OF THE UNITED STATES WASHINGTON, D. C. 2054B FILE : DATE: SEP 2 1975/ B-183611 2q95 7s 7 MATTER OF: Albert M. Garcia--Real Estate Expenses DIGEST: Disallowance of reitbursement for mortgage guarautee insurance, loan origination fee, and mortgage discount, incurred by Federal er.ployee Incident to sale of resi- dence upon transfer, is sustained. Federal Travel Regulations (FPaM 101-7) para. 2-6.2d (May 1973) spe- cifically states that mortgage insurance and mortgage discounts are not reimbursable items, and a loan origination fee is included within the finance charge under the Truth in Lending Act. This action is a reconsideration of the disallowance by our Transportation and Claims Division (TCD) of the claim of Mr. Albert K. Garcia for real estate expenses in connection with the sale of a residence on April 23,. 1974, in Denver, Colorado, upon transfer to a new duty station. The expenses which were disallowed by TCD include $1,860 for a loan or mortgage discount fee, $299 for mortgage guarantee insur- ance, and $588 for a loan origination fee. Authority to reimburse employees of the Federal government for expenses incurred in connection with the sale of a residence upon official transfer is found in section 5724a, title 5 of the United States Code (1970). Power to prescribe appropriate regulations implementing the above statute is given to the President. The President delegated his function under the statute to the Admin- istrator of the General Services Adzinistration by Lxecutive Order No. 11609, July 22, 1971. Governing regulations are contained in chapter 2, part 6 of the Federal Travel Regulations (FMiR 101-7), May 1973. Federal Travel Regulations para. 2-6.2d (Hay 1973) covers the expenses claimed by Mr. Garcia and provides in pertinent part as follovas ** ** The cost of a mortgage title policy paid for by the employee on a residence purchased by him is reimbursable but costs of other types of insurance paid for by him, such as an owner's title policy, a 'record title' policy, mortgage insurance, and insurance against damage or loss of property, are

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