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B-221787 1 (1986-12-17)

handle is hein.gao/gaobadmoj0001 and id is 1 raw text is: 

          The Comptroller General
          of the United States
          Washington, D.C. 20548
uDecision




          Matterof-  Thomas 0. Hobbs - Loan Origination Fee

          File:      B-221787

          Date:      December 17, 1986


          DIGEST

          Transferred employee claimed 3 percent loan origination fee
          but agency limited reimbursement to 1 percent, based on HUD's
          advice that a 1 percent loan origination fee was customary in
          the locality of the employee's new residence at the time of
          the purchase. The information provided by HUD creates a
          rebuttable presumption as to the prevailing fee in the area,
          and the employee has not submitted evidence to rebut this
          presumption. Accordingly, the employee may not be reimbursed
          for the additional 2 percent fee.

          DECISION

          Mr. Donald L. Sondag, an authorized certifying officer of the
          United States Department of Interior (Interior), requests our
          decision concerning the reclaim of Mr. Thomas 0. Hobbs,
          Superintendent, Isle Royale National Park, Houghton,
          Michiqan, for reimbursement of a loan oriaination fee. Since
          the reouested reimbursement exceeds the customary rate for
          the locality of his new residence, as established by the
          Department of Housing and Urban Development (HUD), we hold
          that Mr. Hobbs may not be reimbursed for his reclaim, absent
          evidence that the rate customarily charged for loan
          origination fees in that locality is hiqher.

          Effective July 23, 1985, Mr. Hobbs was transferred from
          Yellowstone, Wyoming, to Houghton, Michigan. Interior
          allowed Mr. Hobbs reimbursement for a 1 percent loan origina-
          tion fee ($565) in connection with his purchase of a new
          residence, and denied the additional 2 percent ($1,130).
          Interior's denial of the additional 2 percent was based on
          information received from HUD that 1 percent is the rate
          customarily charged for loan origination fees in that
          locality. HUD also speculated that the remaining 2 percent
          was probably some form of prepaid interest which is not
          reimbursable.

          Mr. Hobbs has reclaimed the additional 2 percent. He has
          submitted a letter from Detroit & Northern Savings which

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