B-165202, FEB. 5, 1969
Highlights
SANCHEZ: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 18. WHEREIN WE DETERMINED THAT YOU WERE NOT ENTITLED TO REIMBURSEMENT OF THE AMOUNT OF $81.75 APPARENTLY REPRESENTING THE FOLLOWING LISTED PURCHASER'S CLOSING COSTS INCIDENT TO THE SALE OF YOUR HOME IN ALBUQUERQUE. TRANSFER FEE MORTGAGE INVESTMENT 25.00 INASMUCH AS YOU SUBMITTED EVIDENCE TENDING TO INDICATE THE ABOVE LISTED PURCHASER'S COSTS WERE NORMAL COSTS OF THE SELLER WE REQUESTED ADDITIONAL INFORMATION FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WE HAVE BEEN ADVISED BY THE ALBUQUERQUE REGIONAL OFFICE OF THE FEDERAL HOUSING ADMINISTRATION IN PERTINENT PART AS FOLLOWS: "A SURVEY OF LOCAL TITLE COMPANIES. RECORDING FEES TO RECORD THE REAL ESTATE CONTRACT AND MORTGAGE COMPANY TRANSFER FEES ARE PAID CUSTOMARILY BY THE BUYER.'.
B-165202, FEB. 5, 1969
TO MR. JOHN P. SANCHEZ:
REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 18, 1968, REQUESTING RECONSIDERATION OF OUR DECISION OF SEPTEMBER 30, 1968, WHEREIN WE DETERMINED THAT YOU WERE NOT ENTITLED TO REIMBURSEMENT OF THE AMOUNT OF $81.75 APPARENTLY REPRESENTING THE FOLLOWING LISTED PURCHASER'S CLOSING COSTS INCIDENT TO THE SALE OF YOUR HOME IN ALBUQUERQUE, NEW MEXICO:
ATTORNEY'S FEE DRAWING PAPERS 1/2 26.00
ESCROW FEE 1/2 26.00
RECORDING FEES REC 4.75
MTG. TRANSFER FEE MORTGAGE INVESTMENT 25.00
INASMUCH AS YOU SUBMITTED EVIDENCE TENDING TO INDICATE THE ABOVE LISTED PURCHASER'S COSTS WERE NORMAL COSTS OF THE SELLER WE REQUESTED ADDITIONAL INFORMATION FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WE HAVE BEEN ADVISED BY THE ALBUQUERQUE REGIONAL OFFICE OF THE FEDERAL HOUSING ADMINISTRATION IN PERTINENT PART AS FOLLOWS:
"A SURVEY OF LOCAL TITLE COMPANIES, WHO ACT AS CLOSING AGENTS IN SUCH SALES, AS WELL AS OUR OWN KNOWLEDGE, INDICATES THAT IT HAS BEEN THE LOCAL CUSTOM AND PRACTICE FOR A NUMBER OF YEARS FOR THE ESCROW FEE AND THE ATTORNEY'S FEE FOR PREPARATION OF THE DEEDS AND REAL ESTATE CONTRACT TO BE DIVIDED EQUALLY BETWEEN THE BUYER AND SELLER; RECORDING FEES TO RECORD THE REAL ESTATE CONTRACT AND MORTGAGE COMPANY TRANSFER FEES ARE PAID CUSTOMARILY BY THE BUYER.'
IN VIEW OF THE ABOVE STATEMENT AND SINCE IT APPEARS YOU HAVE BEEN PREVIOUSLY REIMBURSED FOR THE SELLER'S ONE-HALF SHARE OF THE ESCROW AND ATTORNEY'S FEES, THERE WAS NO BASIS FOR ALLOWING YOU REIMBURSEMENT FOR THE PURCHASER'S SHARE OF THE CLOSING COSTS AMOUNTING TO $81.75.