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B-209691 1 (1983-05-09)

handle is hein.gao/gaobadlbi0001 and id is 1 raw text is: ,\j -)%f 'I


                         THE COMPTROLLER GENSRAL
DECISION       Ifa,.) OF THE UNITED          STATES
                W ASH IN GT 0N, 0. C. 20548




FILE:     B-209691            DATE: May 9, 1983

MATTER OF: William R. Pierson


DIGEST:
          Loan closing costs charged as a lump-sum fee
          in the purchase of a residence are considered
          finance charges under 12 C.F.R. S 226.4(a),
          despite a contrary characterization by the
          lending institution on the loan documents.
          Therefore, under Federal Travel Regulations,
          para. 2-6.2d (1981), an employee transferred
          to a new duty station may not recover loan
          closing costs incurred in purchasing a
          residence at the new duty station where the
          fee is charged as a lump-sum with no breakdown
          of what part, if any, may be reimbursed under
          12 C.F.R. S 226.4(e).

      The issue in this case is whether Mr. William R.
 Pierson, an employee of the Department of the Interior's
 Bureau of Reclamation, is entitled to be reimbursed for
 loan closing costs he incurred when purchasing a new
 residence in Ord, Nebraska, after being transferred from
 a position in Salida, Colorado, to one in Ord. Because
 our decisions and the applicable regulations characterize
 a lump-sum loan closing fee as a nonreimbursable finance
 charge, Mr. Pierson is not entitled to reimbursement for
 any part of the fee.

      In purchasing his new residence in Nebraska,
 Mr. Pierson incurred loan closing costs of $3,150. This
 fee was paid in cash at the time of the purchase and was
 listed as a cost not included in the finance charge on
 the Federal Truth-in-Lending Disclosure Statement.
 Nevertheless, Mr. Pierson's initial claim was denied by
 an authorized certifying officer of the Bureau because,
 apparently, the loan closing fee was deemed to be a
 nonreimbursable finance charge. Mr. Pierson contests
 this decision and characterization.

      In an attempt to clear up the matter, the certifying
 officer solicited an explanation of the charge from the
 financial institutions involved in the transaction. The

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