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B-260724 1 (1995-09-21)

handle is hein.gao/gaocrptacaj0001 and id is 1 raw text is: 


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

Decision




Matter of: Pamela L. Swires

File:        B-260724

Date:        September 21, 1995

DIGEST

1. A transferred employee may not be reimbursed a loan origination fee in excess
of 1 percent of the loan amount unless the lender's administrative charges are
itemized and are shown by clear and convincing evidence not to include prepaid
interest, points, or a mortgage discount. 41 C.F.R. § 302-6.2(d)(1)(ii) (1994). Where
a lender's letter merely states that the fee does not contain any charges for prepaid
interest, points, or mortgage discount, but cannot be further itemized, it does not
meet the requirements of the Federal Travel Regulation and the employee cannot be
reimbursed any amount in excess of the 1 percent loan origination fee already paid.

2. A tax service fee charged a transferred employee by a lender in connection with
a purchase mortgage loan is considered to be a finance charge incident to the
extension of credit and is therefore not reimbursable. George C. Souders, B-248457,
Sept. 29, 1992.

3. A transferred employee was charged a flood certification fee in connection with
the purchase of a residence. Since the certification was required by law as a
precondition to the granting of the mortgage loan, such expense may be
reimbursed. 41 C.F.R. § 302-6.2(f) (1994).

4. A transferred employee was charged a closing coordination fee incident to the
purchase of a residence, a service similar to that performed by a settlement or
closing agent, involving the preparation of legal documents after the loan has been
approved and the review of all final documents for accuracy. Therefore, since the
amount charged does not exceed the customary charge for such service in the area
of the residence, it may be reimbursed under 41 C.F.R. § 302-6.2(c) (1994).


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