Among those testifying at a hearing of the House Committee on Financial Oversight's subcommittee on
Insurance, Housing, and Community Opportunity were William B.
Shear, director, Financial Markets and Community Investment, Government
Accountability Office (GAO) and Sara
W. Stephens, president of the Appraisal Institute. Shear restated GAO's earlier recommendations
that federal regulators set minimum standards for registering Appraisal
Management Companies (AMC) before a hearing on
Thursday while Stephens countered
that non-congressionally mandated regulations are threatening to hamstring and jeopardize the real estate appraisal
Shear presented results of a GAO
study on appraisal oversight which confirmed that appraisals remain the most
popular form of property valuation used by Freddie Mac, Fannie Mae (the GSEs) and
major lenders. While other valuation
methods such as broker opinions and automatic valuation models (AVM) are
quicker and less expensive, they are also considered less reliable and are not
generally used for loan originations. While GAO did not capture data on the
prevalence of approaches used to perform appraisals, the sales comparison
approach is required by the GSEs and FHA and is reportedly used in nearly all
Charges of conflict of interest have
changed the ways in which appraisers are selected and raised concerns about the
oversight of AMCs which often manage appraisals for lenders, GAO said. The Dodd-Frank Act reinforced earlier
requirements and guidance about selecting appraisers and prohibiting coercion
and this has encouraged more lenders to turn to AMCs. This in turn has raised questions about the
oversight of these firms and their impact on appraisal quality.
Federal regulators and the
enterprises said they hold lenders responsible for ensuring that AMCs' policies
and practices meet their requirements but that they generally do not directly
examine AMCs' operations. Some industry
participants voiced concerns that some AMCs may prioritize low costs and speed
over quality and competence. The Dodd-Frank Act requires state appraiser
licensing boards to supervise AMCs and requires other federal regulators to
establish minimum standards for states to apply in registering them. Setting
minimum standards that address key functions AMCs perform on behalf of lenders
could provide greater assurance of the quality of the appraisals those AMCs
provide GAO said, but as of June 2012, federal regulators had not completed
rulemaking for such standards.
The Appraisal Subcommittee (ASC)
established in 1989 by the Title XI of the Financial Institutions Reform,
Recover, and Enforcement Act (FIRREA) has been monitoring the appraisal function
but its effectiveness has been limited by several weaknesses which include failing
to both define the criteria it uses to assess state compliance with Title XI and
the scope of its role in monitoring the appraisal requirements of federal
ASC also lacks specific policies for
determining whether activities of the Appraisal Foundation (a private nonprofit
organization that sets criteria for appraisals and appraisers) that are funded
by ASC grants are Title XI-related. Not having appropriate policies and
procedures is inconsistent with federal internal control standards that are
designed to promote the effectiveness and efficiency of federal activities.
Appraisals and other types of real
estate valuations have come under increased scrutiny following the mortgage
crisis and Dodd-Frank codified several requirements for the independence of
appraisers and expanded the role of ASC.
It also directed GAO to conduct two studies which were the source of Shear's
testimony before the committee.
GAO recommends that federal
regulators consider key AMC functions in rulemaking to set minimum standards
for registering AMCs, that ASC clarify the criteria it uses to assess states'
compliance with Title XI of FIRREA and develop specific policies and procedures
for monitoring the federal banking regulators and the Appraisal Foundation. ASC and regulators are either taking steps to
implement these recommendations or considering doing so.
Although she was not speaking directly
to the GAO report, Stephens in a written statement told committee members that,
although appraising is the most heavily regulated activity within the mortgage
and real estate sectors, regulatory agencies are planning to enact further
changes that would threaten to tie the hands of appraisers, curtail innovation
and increase regulatory burdens on appraisers and financial institutions.
Stephens was testifying directly
against The Appraisal Foundation's creation of a new Appraisal Practices Board
delving into appraisal practice matters without Congressional authorization.
The Foundation does not have authority to codify appraisal methods and
techniques, she said, and called it a dangerous and unjustified move. "The regulatory burden for appraisers is on
the cusp of being expanded exponentially."
"Appraisal methods and techniques
require judgment by the appraiser. It is assumed that the appraiser has
been thoroughly trained to judge appropriate situations. The choice of methods
and techniques are the responsibility of the appraiser in the development of
his/her scope of work" she said. For instance, whether to use reproduction cost
or replacement cost or when and how to adjust for sales concessions are
dependent on the actions of the marketplace and should not be mandated by a
body such as the Appraisal Practices Board. Hard "rules of thumb" do not work
within valuation because there always is an exception to the rule, she said.
The Appraisal Institute offered a
long list of recommendations to Congress including that they
realign the appraisal regulatory
structure with those of other industries in the real estate and mortgage
Protect the independence of the
appraisal standards-setting process and require that standards for federally
related transactions be issued by an entity that does not develop or offer
education for appraisers.
Establish limitations around the
Appraisal Practices Board specifying that no tax dollars be used to fund the
venture, voluntary guidance be truly voluntary, and meaningful oversight over
the de facto regulatory action of the Foundation be established.
Reiterate that the Foundation does
not have legislative authorization in the area of "methods and techniques" and
Authorize the GSEs and other agencies
to halt purchase or guarantees of loans in states that maintain deficient
appraiser regulatory regimes and ensure that ongoing federal support for the
GSEs or any replacement maintains consistent appraisal rules.
The Institute said states should be restricted from
codifying voluntary guidance into state law or regulation and the Appraisal
Standards Board prohibited from specifically
referencing its works within the Uniform Standards of Professional Appraisal
Practice and laws should be established to empower state boards to investigate
and prosecute complaints involving appraisers.