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B-265728 1 (1996-06-07)

handle is hein.gao/gaocrptadst0001 and id is 1 raw text is: 


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

Decision



Matter of: Douglas Baxter

File:        B-265728

Date:        June 7, 1996

DIGEST

A transferred employee was reimbursed a $1,000 loan origination fee (1 percent),
but was denied reimbursement for a $700 loan processing fee. The lender provided
an itemized breakdown of the loan processing fee with the notation that the term
loan origination fee and the term loan processing fee are interchangeable. If the
fee represents part of the administrative cost of processing paperwork associated
with a loan origination fee, this expense may not be reimbursed because the
maximum amount allowable has already been paid as a loan origination fee. If the
fee is not part of the loan origination fee, then it is an additional charge by the
lender incident to the extension of credit, i.e., a finance charge, and is not
reimbursable under 41 C.F.R. § 302-6.2(d)(2)(v) (1995). James A. Fairle , B-258932,
Sept. 19, 1995.

DECISION

This decision responds to a request from an authorized certifying officer, National
Finance Center, United States Department of Agriculture (USDA).' The question
asked is whether a transferred employee may be reimbursed both a mortgage loan
processing fee and a loan origination fee for the same real estate purchase
transaction. The mortgage loan processing fee may not be reimbursed for the
following reasons.

Mr. Douglas Baxter, an employee of the USDA's Rural Development Administration,
was transferred from Klamath Falls, Oregon, to Woodland, California. He reported
for duty on May 15, 1994. He had a residence constructed near his new duty station
and went to settlement on October 7, 1994. Among the real estate expenses
charged was a 1 percent loan origination fee ($1,000)2 and a separate processing fee



1Ms. Sandra S. Williams - Reference FSD - 1 RJP.

2The attachment to the Settlement Statement shows that this fee was equally split
between two parties, American Savings Bank and All Pacific Mortgage Company.


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