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B-200167 1 (1982-09-21)

handle is hein.gao/gaobadkpy0001 and id is 1 raw text is: 



DECISION


FILE:


        119
* THE COMPTROL.7ONERAL
OP THE UNITED SITATES
WABHINGTONo, 0,0, I0548


B-200167       #        DATE:   September 21, 1982


MATTER OF:


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Leland D. Pemberton

     .0


Employee executed four deeds of trust
to secure interim financing for
purchase of residence pending
execution of first mortgage 6 months
later. Mortgage was used to pay off
deeds of trust. Since deeds of trust
and first mortgage were secured by
employee's conveyance uf security
interest in the property, both sets of
transactions may be regarded as part
of total financial package essential
to purchase of residence. Consistent
with t;0 Comp. Gen. 650 (1981) employee
may be reimbursed escrow fee charged
in connection with both transactions.


     In this case, we find no objection to reimburse-
ment of escrow fees and related costs paid by Lelard
D. Pemberton, a Forest Service employee, for both
interim and primary financing of a home he purchased
near his new duty station at Lee Vining, California.

     The seller could not delay closing of the sale
until approval of Mr. Pemberton's primary financing,
a Cal-Vet loan from the State of California.
Mr. Pemberton therefore obtained four temporary or
interim loans from private sources, and to secure the
loans he and his wife executed a deed of trust for
each loan to a bank acting in the capacity of a
trustee and escrow agent.   For the purpose of the
January 1980 purchase of the residence financed with
the proceeds of those four loans, the bank charged
him an escrow fee of ,1120. At that time he also
incurred a transfer tax and other costs associated
with recordation of the grant deed. When the
WCal-Vet loan was approved in June 1980, the bank
opened a second escrow account.   In addition to costs
ordinarily associated with the processing of a first
mortgage, the bank assessed Mr. Pemberton a fee


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