About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-214018 1 (1984-06-27)

handle is hein.gao/gaobadltp0001 and id is 1 raw text is: 

                          ?~THE COMVPTINOLILEN ONNERAL
   DECIION                 OP THE UNITED        ETATES
                           WASHINGTON. O.C. 30548




  FILE:   B-214018               DATE: June 27, 1984

  MATTER OF:     Roger J. Salem - Real Estate Expenses
                 Loan Origination Fee
  DIGEST:

        A transferred employee who purchased
        a new residence incurred a 5 percent
        loan fee which was described in the
        loan agreement as a loan origination
        fee. The agency allowed reimbursement
        for only 1 percent of the loan amount,
        based on HUD's advice that a I percent
        loan origination fee is customary in the
        local area, and the employee has reclaimed
        the additional 4 percent. The agency's
        determination to allow reimbursement for
        1 percent of the loan amount is sustained,
        based on the advice provided by HUD. The
        employee's claim for the additional
        4 percent is denied because that portion
        of the fee represents a nonreimbursable
        mortgage discount.


     Mr. W. D. Moorman, an authorized certifying officer
of the United States Department of Agriculture, requests
our decision concerning the reclaim of Mr. Roger J. Salem,
an employee of the Department's Office of Inspector General.
The issue for our determination is whether Mr. Salem may be
reimbursed for the full amount of the 5 percent loan fee he
incurred when purchasing a residence at his new duty sta-
tion, based on the lender's characterization of the entire
fee as a loan origination fee. We hold that the employee
was properly reimbursed for only 1 percent of the 5 percent
fee for the reasons stated below.

                        BACKGROUND

     Effective May 1, 1983, Mr. Salem was transferred from
Indianapolis, Indiana, to Chicago, Illinois. He purchased a
new house in Chicago, entering into a loan agreement which
required the payment of a loan origination fee of $4,500,


02-pi z1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most