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B-183958 1 (1976-04-14)

handle is hein.gao/gaobaddpm0001 and id is 1 raw text is: 


                              . THE  COMPTRC.IsLER GENERAL
   DECISIDi .$? . OF THE UNITED STATES
                                WASHINGTON. D. C. 20548




   FILE:   B-183958                    DATE:    APR  14 1976

   MATTER OF:       James E. King - Real Estate Expenses - Mortgage
                    and Title Insurance
   DIGEST:     1.  Transferred employee may not be reimbursed
                   for CM1I Premium fee, which is described as
                   mortgage insurance fee, since Federal
                   Travel Regulations (FPM 101-7) para.
                   2-6.2d (May 1973) specifically provides
                   that cost of mortgage insurance is not
                   reimbursable.

               2.  Transferred employee may be reimbursed for
                   cost of Mortgagee's Title Policy since
                   Federal Travel Regulations (FFiR 101-7)
                   para. 2-6.2d specifically states that cost
                   of mortgagee's title insurance is reim-
                   bursable, and such costs are excepted from
                   the definition of finance charges in the
                   Truth in Lending Act.

     This matter is before us based upon a request for an advance deci-
sion submitted on May 8, 1975, by MIs. Marie A. Watkins', an authorized
certifying officer, Department of the Treasury, Bureau of Alcohol,
Tobacco and Firearms, concerning authority to reimburse Mr. James E.
King for certain expenses he incurred on October 11, 1973, when he pur-
chased a residence incident to a transfer of permanent duty station.

     The expenses involved are $393.75 for mortgage guarantee insurance
(Cul Premiuna) and $516.25 for mortglaee's title insurance ('lfortzagee's
Policy).  The CM-I Premium has been described, in a February 21, 1975
letter from Stewart Title of Louisiana, Inc., as a fee for the purchase
of private mortgage insurance to insure the leader egainst any loss
arising from a default by the buyer and a subsequent seizure and sale of
the mortgaged property.

     Paragraph 2-6.2d of the Federal Travel Regulations (FTR) authorizes
reimbursement of miscellaneous real estate expenses incurred incident to
a transfer of permanent duty station and provides, in pertinent part,
thatt

           * & *The  cost of a mortgage title policy paid for
     by the empioyee on a resince  pur   sed bY him is reai-
     bursable but costs of other types oi insurance paid for

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