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Post Statistics: 1,813 Views, 12 Replies
Latest Post: Sat, Jun 20 2009 3:00 AM by Bob Dalsimer
  • Tue, Jun 16 2009 5:21 PM
    HVCC - Home Valuation Code of Conduct 10 questions to ask your appraiser

    10 questions to ask your appraiser
    Examiner.com - USA

    http://www.examiner.com/x-13259-Atlanta-Mortgage-Examiner~y2009m6d15-10-questions-to-ask-your-appraiser

     

     

    The complications of the Home Valuation Code of Conduct are killing real estate deals in every corner of the country, forcing buyers to pay more in closing ...

     

     

    Questions-Professional and Geographic Competency

     

     

    Over the last few weeks, dozens of Realtors, Borrowers and Sellers have contacted me and Appraiser Active relating horror stories about appraisers with an apparent lack of Professional or Geographic Competency. Their tales disclose appraisers from over 100 miles away accepting and completing assignments, appraisers with no access to the local Multiple Listing Service doing the same, and appraisers routinely using short sales and properties marketed as "pre-foreclosures" as Comparable Sales.

    Although such stories are not new, they are becoming much more prevalent since the implementation of the 
    Home Valuation Code of Conduct (HVCC). Appraisers are bound by something called the Uniform Standards of Professional Appraisal Practice (USPAP). Within the USPAP are a number of Rules and Standards; among them the Competency Rule.

    Mike Kennedy, a New York State Certified Residential Appraiser, suggests Real Estate Agents, Appraisers, and Loan Originators should supply owners and borrowers (and their Listing Agents) with a "flash card" to phone interview ANY Appraiser contacting them for access PRIOR to setting an appointment to help determine the competency level of the appraiser.

    Here's his list of questions, with a couple of minor modifications:

     

    • what license do you hold, what is the number?
    • when did you first obtain your license?
    • are you a licensed or certified appraiser, or are you a trainee appraiser?
    • where are you from?
    • when was the last time you appraised a property in my neighborhood?
    • do you know any of the local long term Realtors or Agents in this area?
    • after visiting the property how long will it be until the report is delivered to the lender?
    • do you have any idea approximately how much my home is worth? ballpark? (you may not get an answer to this question)
    • do you have access to the local Multiple Listing Service? Does my Assessor know you? (my Assessor-County Property Appraiser knows me, but only because I ran against her in the last election. This answer to this question is important in locations where the Assessor is THE source of property and sales data)
    • please give me a general physical description to enable me to recognize you at the appointment

    The appraiser's answers will help you gauge his/her Competency to accept and complete the assignment. If the Lender does not insist on Professional and Geographic Competency, the borrower should. After all, they are entitled to a copy of the appraisal report and will be responsible for repaying the loan.

    Here is reprint of the COMPETENCY RULE from the 2008-2009 Edition of the Uniform Standards of Professional Appraisal Practice. My emphasis on the points that may be of interest.

    COMPETENCY RULE

    Prior to accepting an assignment or entering into an agreement to perform any assignment, an appraiser must properly identify the problem to be addressed and have the knowledge and experience to complete the assignment competently; or alternatively, must:

    1. disclose the lack of knowledge and/or experience to the client before accepting the
      assignment;
    2. take all steps necessary or appropriate to complete the assignment competently; and
    3. describe the lack of knowledge and/or experience and the steps taken to complete the
      assignment competently in the report.

    Comment: Competency applies to factors such as, but not limited to, an appraiser’s familiarity with a specific type of property, a market, a geographic area, or an analytical method. If such a factor is necessary for an appraiser to develop credible assignment results, the appraiser is responsible for having the competency to address that factor or for following the steps outlined above to satisfy this COMPETENCY RULE.

    The background and experience of appraisers varies widely, and a lack of knowledge or experience can lead to inaccurate or inappropriate appraisal practice. The COMPETENCY RULE requires an appraiser to have both the knowledge and the experience required to perform a specific appraisal service competently.

    The COMPETENCY RULE requires recognition of, and compliance with, laws and regulations that apply to the appraiser or to the assignment.

    If an appraiser is offered the opportunity to perform an appraisal service but lacks the necessary knowledge or experience to complete it competently, the appraiser must disclose his or her lack of knowledge or experience to the client before accepting the assignment and then take the necessary or appropriate steps to complete the appraisal service competently. This may be accomplished in various ways, including, but not limited to, personal study by the appraiser, association with an appraiser reasonably believed to have the necessary knowledge or experience, or retention of others who possess the required knowledge or experience.

    In an assignment where geographic competency is necessary, an appraiser preparing an appraisal in an unfamiliar location must spend sufficient time to understand the nuances of the local market and the supply and demand factors relating to the specific property type and the location involved. Such understanding will not be imparted solely from a consideration of specific data such as demographics, costs, sales, and rentals. The necessary understanding of local market conditions provides the bridge between a sale and a comparable sale or a rental and a comparable rental. If an appraiser is not in a position to spend the necessary amount of time in a market area to obtain this understanding, affiliation with a qualified local appraiser may be the appropriate response to ensure development of credible assignment results.

    Although this Rule requires an appraiser to identify the problem and disclose any deficiency in competence prior to accepting an assignment, facts or conditions uncovered during the course of an assignment could cause an appraiser to discover that he or she lacks the required knowledge or experience to complete the assignment competently. At the point of such discovery, the appraiser is obligated to notify the client and comply with items 2 and 3 of this Rule.

    USPAP 2008–2009 Edition
    ©The Appraisal Foundation

  • Tue, Jun 16 2009 5:36 PM

    The big question is: how are we susposed to ask these questions when we have nothing to do with the appraisal order anymore?

    I agree on the short-sale and pre-forclosures being used on these appraisals. We are just picking at an open wound when they use those as comps.

  • Tue, Jun 16 2009 5:55 PM

    Hi, Troy :-)

    While educating your client/customer on HVCC.

    Give the list of questions to your client/customer and stress the importance of having the questions answered.


  • Tue, Jun 16 2009 6:00 PM

    Good point, Dana.

    I hope business has been good for you - its been a while since we had that conversation and it seems like nothing has changed yet. Keep putting up a good fight!

  • Tue, Jun 16 2009 6:24 PM

    Thanks Troy!

    Stuff like this as noted below keeps me & many motivated to fight untill HVCC it is overturned:

     

    • Follow up to
    •  
    •  http://lenderama.com/mortgage-events/unofficial-namb-regulatory-update-hvcc-call-action-namb-bashers/
    •  
    • From: Marc Savitt President The National Association of Mortgage Brokers www.NAMB.ORG
    •  
    • I'm sorry its taken me so long to comment, but I've been traveling around the country trying to enlist support to defeat the HVCC. I want to express my appreciation to everyone for their kind words and most importantly for their support.

      During the past 14 months, NAMB has met with the GSE's 3 times each. During the first meeting I asked Fannie why they signed on to Cuomo's agreement so quickly. They responded, "Because he has his foot in their throats." NAMB has repeatedly asked the AG's office to release the results of his investigation, but they refuse to do it. Later next week, we will be formally asking the Dept of Justice to investigate the investigator!

      I can't tell you how much it pleases me to see our industry coming together. Its been a tough 2 years for all of us. However, whatever issues we may face, we will defeat them- because we are united. Its also nice to see other professions looking to NAMB for leadership on the HVCC issue.

      Let me be very clear, WE WILL DEFEAT HVCC! Cuomo may have had his foot in the GSE's throat, but NAMB has its foot, (fill in the blanks).

      Currently, we have a giant call to action in progress. In order for the action to work, we need everyone to continue calling EVERYDAY!! Treat it as if your job depends on it, because it does.

      We are already starting to see results. Cuomo's office has dedicated a special line just for the call to action. What he doesn't know is, I've got personal extensions, which I'm not afraid to use.

      Fannie Mae has also responded to the call to action. They want everything in writing, no calls. To quote Barney Frank, " and I want to eat whatever I want and not gain weight." They can have it in writing, but the calls WILL continue. In fact, the call to action is growing. More and more groups want to participate. However, you all still need to call everyday!!

      NAMB also met with FHFA 6 times. The latest was last week.

      Finally, the big media push starts shortly. The consumer needs to know that Andrew Cuomo is responsible for the additional costs for purchasing or refinancing a house and the destruction of small business and the housing market.

      Mr. Cuomo, if you're listening-there is still time to save your political career.

      Thanks, Marc
  • Thu, Jun 18 2009 1:57 AM

    Here's a helfpul vid to explain the devastating nature of HVCC to Realtors and Consumers:

    https://www.thinkbigworksmall.com/public/showArchiveVideo/1/4916 

    If you have not signed and fowarded the petition, here it is:  www.hvccpeption.com

    Again, evangelize accordingly fellow mnews members!!!

    Tim

  • Rate this Post:
    Thu, Jun 18 2009 10:19 AM

    With rates so low we should be too busy to care???  Then perhaps you should to be too busy to draft such dim criticisms.  The company I own closes a thousand loans per month Mark.  I'm a Banker and a Broker and I assure you I am plenty busy but I still care.  The reasons I oppose HVCC are many.  But in the most simple analysis it creates another needless layer of cost and communication.  And from my perspective the bad apples and bottom feeders are flourishing under HVCC.  The good appraisers are sitting back taking only HUD orders from lenders they trust and who will pay them more than 60% of what is collected from the consumer.  We are not encouaging people to whine to each other; rather to unite and create a stronger voice.   

     

     

    G'day.

  • Thu, Jun 18 2009 12:55 PM

    Tim Kearns:
    The good appraisers are sitting back taking only HUD orders from lenders they trust and who will pay them more than 60% of what is collected from the consumer.

     

    I agree Tim- when an AMC charges $450 and pays the appraiser $200-225 -- something doesn't add up & that's quality of appraisals.

     - View My Profile
    Broker
    Finance One Mortgage
    financeone@juno.com
    (530) 644-5395
  • Thu, Jun 18 2009 2:08 PM

    Think about this:  Can you imagine what HUD would do if we created a CREDIT REPORT Management company, for example?  The idea of marking up any settlement service at the cost of the consumer; solely for referring the business and collecting money is sheer lunacy and is in direct conflict with nearly every RESPA code I've ever read.  I'm all for good, protective regulation and ploicy.  But I honestly can't believe FNMA and FHLMC are allowing this. 

    Needs to change... 

  • Thu, Jun 18 2009 2:54 PM

    I have absolutely no doubt that you will eat those words " i love HVCC" very soon, HVCC is killing 80% of loans amongst my peers and has all but killed the REFI PLUS program as loans at 90% are coming in at 110% ltv. If you are doing 10 loans a month then you would not say HVCC is great, i venture to say you are not closing that many.

    The leprechaun

     

  • Sat, Jun 20 2009 3:00 AM

    Another HVCC problem today - Purchase, multiple offers - $194,500 purchase price - appraisal comes in at $165,000 - This is simply wrong and appraisal incompetency. Net result - Buyer loses $700 for appraisal and home inspection, Seller does not sell the home (loss of extra liquid money into the economy) and Realtor/Lenders lose $10,000 of deserved commissions. Bad deal all around!

    Last time this happened to me, I was the listing agent. Same #'s - was crazy becuase there were strong comps - 1st buyer cancelled and we resold and closed at $195,000 - This time the Seller will probably decide to rent and Buyer not buy becuase he is 1st time buyer and scared becuase he feels values may be declining and doesnt want to buy with such uncertainty.

    By the way, the appraiser used a 15% time adjustment to a model match that closed in Dec.. Maybe he knows something different that I do - In Tustin, CA prices have stabilized in that period and we are having multiple offers, yet, this appraiser is using a 30% annual price decrease?

    BOB

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