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B-230372 1 (1988-07-01)

handle is hein.gao/gaobadndk0001 and id is 1 raw text is: 



i.3      The Comptroller General
         of the United States
         Washington, D.C. 20548

         Decision

                   Brock and Van Orden - Reimbursement for Settlement
                   Agent Fees
          Matter of:
                   B-230372
          File:

          Date:    July 1, 1988

          DIGEST

          Two transferred employees were denied reimbursement for
          settlement agent fees charged by the same lender who earlier
          charged them fees for originating their mortgage loans. The
          claims may be allowed. Each described activity is separate
          and distinct. Where a fee is charged a purchaser by an
          individual to act as settlement agent at a real estate
          closing, it may be allowed under FTR para. 2-6.2c and f, if
          it is customary in the locality for the purchaser to pay and
          does not exceed the usual amount charged in the area.


          DECISION

          This decision is in response to a request from an Authorized
          Certifying Officer, Bonneville Power Administration (BPA),
          Department of Energy. It concerns the entitlement of two
          BPA employees to be reimbursed settlement agent fees
          incurred incident to permanent change-of-station real
          estate transactions. We conclude that the fees may be reim-
          bursed for the following reasons.

          BACKGROUND

          Messrs. Michael F. Brock and Richard J. Van Orden, employees
          of BPA, were transferred to Walla Walla, Washington, in
          June 1985 and February 1986, respectively. Both purchased
          residences near their new duty station in 1986 and submitted
          vouchers for real estate purchase expenses.

          In both situations, the expenses claimed for settlement
          fees were disallowed on the basis that their mortgage
          lender, which was the same for both and which charged each
          of them a loan origination fee, also conducted the
          settlement on their respective properties. The Federal
          Housing Administration (FHA) advised BPA that separate fees
          should not be charged where a lending institution charges a
          loan origination fee and also conducts settlement on the

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