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B-202670 1 (1981-12-04)

handle is hein.gao/gaobadjxb0001 and id is 1 raw text is: IbW-mmb -b* ft .4 . .. ,& k .~ss.. ..44 - f1 . // 6)9I76 CECIUICN THE COMPTROL.ER DERN EUAL OF THE UNITED UTATEE WABHOINTON, D, UOZ0004U B-202670 DATE: December , 3981 MATTER OF; DIGEST: Reimbursement of Real Estate Expenses Poreclogure Sale Employee of the ForestrService sold residence within 1 year of transfer in a sheriff's sale under court order following foreclosure, Employee may not be reimbursed under 5 U,S,C, S 5724a(a)(4) for costs assessed by the cotirt in connection with foreclosure and sal, since FTR pare, 2-6.2c specifi- cally precludes reimbursement for costs of litigation, I The Department of Agriculture's National Finance Center has requested a decision onothe propriety of certifying an employee's Vougher for expenses incurred in connection with the foreclosure sale of her residence at her old duty station, The agency questions whether a foreclosure sale is a residence transaction for which real estate expenses may be reimbursed under 5 U.S.C. S 5724a(a8(4), While the fact that title was trans- ferred other than by the usual real estate sale trans- action does not preclude reimbursement, the implementing regulations prohibit reimbursement of those costs associ- ated with the judiciel process of foreclosure. The particular employee, who was transferred from Grants Pass, Oregon, to Eugene, Oregon, in September 1979, was unsuccessful in her attempts to sell her Grants Pass residence. When the employee defaulted by failing to make timely payment under the land* sales controct by which she had purchased the property, the seller foreclosed. On August 18, 1980, the property was sold at sheriff's sale pursuant to a writ of execution and order for summary judgment by the Circuit Court of the State of Oregon for Josephine County. The expenses for which the employee claims reimbursement are the following custs and disburse- ments allowed under Chapter 20 of the Oregon Revised Statutes incident to the judgment on sheriff's sale: FILE; .

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