B-197319, AUG 12, 1980

B-197319: Aug 12, 1980

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DIGEST: EMPLOYEE MAY BE REIMBURSED FOR THE COST OF ATTORNEY'S FEES PAID TO BOTH THE MORTGAGEE'S ATTORNEY AND HIS OWN ATTORNEY IF IT IS CUSTOMARY IN THE AREA FOR THE PURCHASER TO PAY THE ATTORNEY'S FEES OF THE MORTGAGEE. BOTH FEES ARE WITHIN THE CUSTOMARY RANGE OF CHARGES FOR THESE SERVICES IN THAT LOCALITY. THE REQUEST FOR AN ADVANCE DECISION IS FROM GARRY A. AN EMPLOYEE OF NOAA WAS TRANSFERRED FROM CLEVELAND. WUERCH MAY BE REIMBURSED FOR BOTH AMOUNTS IF IT IS CUSTOMARY IN THE BUFFALO AREA FOR THE PURCHASER TO PAY THE ATTORNEY'S FEE OF THE MORTGAGEE AND BOTH FEES ARE WITHIN THE CUSTOMARY RANGE OF CHARGES FOR THESE SERVICES IN THE BUFFALO AREA.

B-197319, AUG 12, 1980

DIGEST: EMPLOYEE MAY BE REIMBURSED FOR THE COST OF ATTORNEY'S FEES PAID TO BOTH THE MORTGAGEE'S ATTORNEY AND HIS OWN ATTORNEY IF IT IS CUSTOMARY IN THE AREA FOR THE PURCHASER TO PAY THE ATTORNEY'S FEES OF THE MORTGAGEE, AND BOTH FEES ARE WITHIN THE CUSTOMARY RANGE OF CHARGES FOR THESE SERVICES IN THAT LOCALITY.

DONALD E. WUERCH - REAL ESTATE EXPENSES - ATTORNEY'S FEES:

MR. DONALD E. WUERCH SEEKS REIMBURSEMENT FOR THE ATTORNEY'S FEES OF HIS ATTORNEY IN ADDITION TO THOSE OF THE MORTGAGEE'S ATTORNEY. HE MAY BE REIMBURSED FOR BOTH AMOUNTS IF OTHERWISE PROPER.

THE REQUEST FOR AN ADVANCE DECISION IS FROM GARRY A. MCKINNEY, CHIEF, WASHINGTON FIELD FINANCE OFFICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, (NOAA), U. S. DEPARTMENT OF COMMERCE. MR. WUERCH, AN EMPLOYEE OF NOAA WAS TRANSFERRED FROM CLEVELAND, OHIO, TO BUFFALO, NEW YORK AND PURCHASED A HOME IN BUFFALO IN OCTOBER 1977. HE HAS ALREADY BEEN REIMBURSED THE $410 PAID TO THE MORTGAGEE'S ATTORNEY AND NOW SEEKS REIMBURSEMENT OF THE $400 PAID TO HIS ATTORNEY.

MR. WUERCH MAY BE REIMBURSED FOR BOTH AMOUNTS IF IT IS CUSTOMARY IN THE BUFFALO AREA FOR THE PURCHASER TO PAY THE ATTORNEY'S FEE OF THE MORTGAGEE AND BOTH FEES ARE WITHIN THE CUSTOMARY RANGE OF CHARGES FOR THESE SERVICES IN THE BUFFALO AREA. DONALD MITGANG, B-190616, MARCH 22, 1978; PHILIBERT A. OUELLET, B-191792, SEPTEMBER 25, 1978.

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