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B-191035 1 (1978-09-12)

handle is hein.gao/gaobadgis0001 and id is 1 raw text is: 



I


                                  tHE  COMPYROLLEA GENERAL
     DECISIONI .(                 OF   THE    UNITED       HTATEB
                                  WASHINGTON. D.C. 20540



     FILE:  B-191035                     DATE:  September 12, 1976

     MATTER OF: David L. Kohlhepp - State VA Loan   Fee


     DIGEST:   Fee charged by the Department of Veterans' Affairs of
               the State of Oregon to cover costs of preparing closing
               documents, appraisal costs, credit checks, and similar
               services, is not a finance charge within the meaning of
               Regulation Z. Accordingly, it is reimbursable.
               8-174106, October 21,' 1971.

         This action is in response to a request dated December B, 1977,
    from H. Larry Jordan, authorized certifying officer, U.S. Depart-
    ment of Agriculture, for an advance decision concerning a voucher
    submitted by David L. Kohlhepp for reimbursement of expenses in-
    cL.red in connection with the purchase of a residence at his
    new official staticn.

         The r'ord shows that Mr. Kohlhepp, an employee of the
    Forest Service of the Department of Agriculture, was transferred
    from John Day, Oregon, to Portland, Oregon. On January 27, 1976,
    he submitted a voucher claiming reimbursement for $157 in con-
    nection with the purchase of a residence at his new officiai
    station. The $157 is listed as a Loan Fee on the Settlement
    Statement, and as a Service Fee on the Truth in Lending State-
    ment.  The Department of Veterans' Affairs of the State of
    Oregon, which financed Mr. Kohlhepp's loan, in a letter dated
    Novemher 9, 1976, provided the following explanation of the $157
    fee:  $10 for credit checks, $55 for appraisal fees, and $92 for
    other closing costs. The certifying officer questions whether
    the $92 attributable to closing costs is a finance charge
    under the Truth in Lending Act and, therefore, not reimbursable.

         As noted, Mr. Kohlbepp financed the purchase of his new
    residence through the Department of Veterans' Affairs of the
    State of Oregon, which operates a Veterans Home Loan program
    similar in certain respects to the program for direct loans to
    veterans operated by the Federal Government. See generally,
    chapter 407 of title 33 of the Oregon Revised Statutes and
    38 U.S.C. 1811. Pursuant to Oregon Revised Statutes 407.020,
    the Director of Veterans' Affairs for the State of Oregon has
    issued ri'gulations requiring loan applicants pay a fee, based
    generally upon a percentage of the amount of the loan, to cover
    the costs of preparing closing documents, appraisal costs, credit

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