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B-198060 1 (1980-11-10)

handle is hein.gao/gaobadirn0001 and id is 1 raw text is: 
S


                        THE  COMPTROLLER GENERAL
DECISION                 OF  THE   UNITED STATES
                         WASHINGTON, D.C. 20548


FILE:   B-198060

MATTER  OF:    M


DIGEST:


DATE: November 10, 1980


arcos A. Zappi -[Loan Origination Fee CLAM


A transferred employee paid a lump-sum loan
origination fee that was described as a
charge to defray the cost of originating
and processing the loan.  Charges contained
in such a lump-sum fee may only be reimbursed
if they are excludable from finance charges
under Truth in Lending Act by Regulation Z,
12 C.F.R. 226.4(e), reasonable in amount,
an d itemized to show the portion of the fee
allocable to each item. To the extent that
a portion of the loan origination fee is not
itemized and a specific amount allocable, it
must be presumed to be finance charges and
nonreimbursable.


     By a letter dated February 25, 1980, Marcos A.
Zappi appealed Settlement Certificate No. Z-2818861,
issued January 25, 1980, which disallowed his claim
for reimbursement of a loan origination fee in the
amount of $622 incurred in connection with the purchase
of ? residence following a transfer of duty station.

     The record shows that Mr. Zappi, an employee of
the Geological Survey, Department of the Interior,
was transfered from'Vicksburg, Mississippi, to Lake
Charles, Louisiana, on or about May 15, 1978. Incident
to this transfer he purchased a residence in Lake
Charles using VA financing.  His agency suspended
payment of his claim for a $622 loan origination fee
in connection with the house purchase on the grounds
that it is a finance charge.  Mr. Zappi appealed this
determination to our Claims Division on September 18,
1979, resulting in the aforementioned Settlement
Certificate which likewise found the loan origination
fee to be a finance charge.

     In his appeal to the Comptroller General Mr. Zappi
cites two letters which he contends contradict the
previous determinations.  The first is a letter dated
October 26, 1978, from Troy & Nichols, a private


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