B-164890, AUG. 7, 1968

B-164890: Aug 7, 1968

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WALKER STATED WITH REFERENCE TO INSTRUCTIONS CONCERNING HIS HOUSEHOLD GOODS THAT HE DID NOT OWN A HOUSE THERE AND THAT HIS CURRENT ADDRESS OR LOCATION IN COLUMBUS FROM WHICH HIS TRAVEL WOULD BEGIN WAS BOX 28081. REIMBURSEMENT OF THE EXPENSE OF SELLING A RESIDENCE IN COLUMBUS WAS NOT ADMINISTRATIVELY AUTHORIZED. WALKER NOW SAYS THAT HIS STATEMENT WAS ERRONEOUS AND IN FACT THE RECORD SHOWS THAT HE AND HIS WIFE SOLD. IT SHOULD BE ADMINISTRATIVELY DETERMINED THAT THE REAL PROPERTY SOLD WAS IN FACT THE EMPLOYEE'S . IF BOTH THE FACTS OF ACTUAL RESIDENCE AND TITLE ARE ADMINISTRATIVELY DETERMINED TO SATISFY THE REQUIREMENTS OF THE CIRCULAR IT WOULD APPEAR THAT MR. WALKER IS ENTITLED. THE TITLE INSURANCE ITEM OF $167.50 IS SAID TO HAVE ARISEN AS A REQUIREMENT OF THE MORTGAGOR.

B-164890, AUG. 7, 1968

TO MR. JOHN H. GREVE:

YOUR LETTER OF JULY 16, 1968, REFERENCE DLSC-FFA, ENCLOSING A VOUCHER FOR $1,479 REPRESENTING EXPENSES INCURRED BY MR. WILLIAM E. WALKER, AN EMPLOYEE OF THE DEFENSE SUPPLY AGENCY, IN THE SALE OF REAL ESTATE AT HIS OLD OFFICIAL STATION, COLUMBUS, OHIO, REQUESTS OUR DECISION WHETHER THE VOUCHER MAY BE CERTIFIED FOR PAYMENT.

THE RECORD SHOWS THAT MR. WALKER TRANSFERRED TO BATTLE CREEK, MICHIGAN, ON OR ABOUT JULY 16, 1967, WHERE HE PURCHASED A RESIDENCE AND INCURRED EXPENSES IN CONNECTION THEREWITH IN THE AMOUNT OF $175 FOR WHICH APPARENTLY HE HAS BEEN REIMBURSED.

IN REGARD TO HIS MOVE FROM COLUMBUS, OHIO, MR. WALKER STATED WITH REFERENCE TO INSTRUCTIONS CONCERNING HIS HOUSEHOLD GOODS THAT HE DID NOT OWN A HOUSE THERE AND THAT HIS CURRENT ADDRESS OR LOCATION IN COLUMBUS FROM WHICH HIS TRAVEL WOULD BEGIN WAS BOX 28081, LINCOLN VILLAGE, COLUMBUS, OHIO 43228. AS A CONSEQUENCE OF MR. WALKER'S STATEMENTS IN THAT REGARD, REIMBURSEMENT OF THE EXPENSE OF SELLING A RESIDENCE IN COLUMBUS WAS NOT ADMINISTRATIVELY AUTHORIZED. MR. WALKER NOW SAYS THAT HIS STATEMENT WAS ERRONEOUS AND IN FACT THE RECORD SHOWS THAT HE AND HIS WIFE SOLD, AS EVIDENCED BY SETTLEMENT DATED MARCH 8, 1968, REAL ESTATE LOCATED AT 1080 TORREY HILL DRIVE, COLUMBUS, OHIO.

MR. WALKER NOW CLAIMS REIMBURSEMENT OF $1,479 COMPRISED OF THE FOLLOWING ITEMS:

(1) BROKER'S COMMISSION $1,290.00

(2) COUNTY REAL ESTATE TAX 21.50

(3) TITLE INSURANCE 167.50

$1,479.00

IN VIEW OF MR. WALKER'S EARLIER STATEMENT THAT HE RESIDED ELSEWHERE IN COLUMBUS, OHIO, IT SHOULD BE ADMINISTRATIVELY DETERMINED THAT THE REAL PROPERTY SOLD WAS IN FACT THE EMPLOYEE'S ,ACTUAL RESIDENCE" WITHIN THE PURVIEW OF SECTION 4.1C OF BUREAU OF THE BUDGET CIRCULAR NO. A-56.

ALSO, IN VIEW OF THE CONTRADICTORY STATEMENTS MADE BY MR. WALKER AS TO THE OWNERSHIP OF THE PREMISES IT BECOMES NECESSARY, IN ADDITION TO THE QUESTION OF ACTUAL RESIDENCE, THAT IT BE ADMINISTRATIVELY DETERMINED WHEN OR ON WHAT DATE MR. WALKER ACQUIRED TITLE TO THE PREMISES AT 1080 TORREY HILL DRIVE, WITHIN THE PURVIEW OF SECTION 4.1B OF BUDGET CIRCULAR NO. A- 56.

IF BOTH THE FACTS OF ACTUAL RESIDENCE AND TITLE ARE ADMINISTRATIVELY DETERMINED TO SATISFY THE REQUIREMENTS OF THE CIRCULAR IT WOULD APPEAR THAT MR. WALKER IS ENTITLED, WITH THE APPROVAL OF THE AGENCY, TO REIMBURSEMENT OF THE BROKER'S COMMISSION IN THE AMOUNT OF $1,290. THE ITEM OF COUNTY REAL ESTATE TAX WOULD NOT APPEAR TO BE REIMBURSABLE UNDER THE PROVISIONS OF THE BUDGET CIRCULAR.

THE TITLE INSURANCE ITEM OF $167.50 IS SAID TO HAVE ARISEN AS A REQUIREMENT OF THE MORTGAGOR. WHILE SUCH A REQUIREMENT CUSTOMARILY MAY BE MADE BY A MORTGAGEE IN CONNECTION WITH A LOAN THE PRACTICE VARIES WITH THE LOCALITY OF THE TRANSACTION AS TO WHETHER THE COSTS OF SUCH INSURANCE IS BORNE BY THE BUYER OR SELLER OR BOTH. IT IS NOTED FROM THE CONTRACT OF THE SALE THAT THE SELLER AGREED TO FURNISH AN ABSTRACT OF TITLE, TITLE POLICY OR REGISTERED LAND TITLE AT THE SELLER'S EXPENSE. THEREFORE, IF IT IS ADMINISTRATIVELY FOUND THAT IT IS CUSTOMARY IN THE LOCALITY FOR THE SELLER TO BEAR SUCH COSTS, MR. WALKER MAY BE REIMBURSED FOR THAT ITEM.

THE VOUCHER WHICH IS RETURNED HEREWITH MAY BE CERTIFIED ONLY IN ACCORDANCE WITH THE FOREGOING.