To be honest, I don't think appraiser incompetence was ever considered as a factor. I think the legislators drafting HVCC had never even seen an appraisal, let alone a bad one. I think they just assumed that an appraiser was an appraisal, and a license to appraise was just that.
If you take a step back from the practical reality (the one those of us in the industry know as our everyday experience), it looked like this:
Wow, gee, appraisers are in cahoots with those evil mortgage brokers! They are telling the brokers that the homes are worth more than they are just to get the deal done and get more business! Gasp! The poor innocent homeowners!
Well, then, we shouldn't let the brokers talk to the appraisers. Neither one can be trusted!
OK, then we should make a company that makes sure that the brokers/lenders and the appraisers, the two professional ends of this transaction, never get to talk to each other! That way, they can't get together on a fixed value! Haha, they cant even TALK about the house! And, the appraisers will know that more than one person is going to see their work - PERFECT!
So, lets make it manadory to have these middleman companies or buffer people! We will save the poor, innocent homeowners from the evil mortgage people! VICTORY!
The practical result. . .
They created an opportunity for a profitable business: an appraisal management company. People with entrepreneurial sort of minds realized that they could make a lot of money. . . . and like any business, all the people in the chain need to get paid.
But how do you add a link in the chain without adding more cost? The way it was, the borrower or homeonwer was paying one person . . . the appraiser. Now, somehow, two people have to get paid for the same work: the appraiser and the AMC.
Well, wait . . .we don't want to charge the borrower MORE money - this was supposed to protect them! So, as the AMC, we'll just skim a little off the appraiser's pay in exchange for "managing the process" . . .
Problem: The AMCs had no idea how the appraisal industry worked. They didn't have the ability to recognize a good or a bad appraisal because they had no history in the industry. So instead, they just announced that they were going to pay appraisers less than they were getting before. In some cases, much , much less. Appraisers that used to get $350 for a report (which, mind you, is a lot of work if done right!) could now only get $150 . . . the AMCs wanted the rest. Nothing personal, it is business, you understand.
Now, if you have been in the industry of appraising for a while and you are good at what you do - why would you suddenly take an over 50% paycut???? Well, you might if you were starving. But you might also leave the industry, or start working appraisals for different clients, like divorce court, or whomever, where you would still get your full pay. The only ones that were willing to work for the $150 were the newbies trying to get their feet wet, or the ones that were only half the work anyway, so they could bang out 2 or 3 reports in the time that it takes to do one good one. Even some good appraisers adjusted the amount of work they did to meet the pay they received - meaning that they arent going to write a lot of explanations, or look for extra comps, or do off-mls searches . . . they simply couldn't do enough reports to make a living.
And the AMCs didn't know the difference, at least not at first - because they are business people, not appraisers. THey LOOKED like appraisals . . . they were about 20 pages long, had some grids and numbers, and some pretty pictures . . . And frankly, why did they care? If the lenders were giving the borrowers and brokers no choice, they were getting their money no matter what. Kind of like if the big chain store drives all the little stores out of business . . . the you have to shop at the big store, even if the stuff is of lesser quality, because you have no remaining choices.
So now we have AMCs that are like "this is great. we are in the MONEY!" But we have to keep the lenders happy - so we have to make sure that we get these reports in really, really fast. ANd a lot of the appraisers said they didn't want to work for us. So we are short handed . . .so they start hiring WHATEVER appraiser on their list has a license and some free time RIGHT NOW - even if they have to drive 100 miles to a town they have never seen before. Because, after all, how hard can it be? We give them $150, they give us that nice pretty 20 page report with the grids and the pictures. Great.
Bottom line: Hvcc took away half the appraiser's pay, cut their time to work in half due to red tape and delay, left them no ability to get feedback from the person managing the loan, and put non appraisers in charge of the appraisal process. It eliminated competition, and nationalized a localized business. There was no place to go but down in terms of appraisal quality.
BUT - surely the big business men and women at the AMC couldn't possibly be as corrupt as the bad appraisers and the brokers . . . no way . . . a company that has absolutely NO hand in the transaction and nothing to lose by fudging, rushing, and faking couldn't POSSIBLY be as corrupt as the people whose license and livelihood are on the line in every deal . . . could they? Nah. Couldn't be. Because we invented them to be the good guys. And we promised the poor, innocent homeowners. SO this must be success. LOOK AT US! WE FIXED THE EVIL MORTGAGE INDUSTRY! NOW VOTE FOR US!
Sigh . . .
(NOTE: there are good appraisers, brokers, lenders, omeowners, AMCs just as there are bad, incompetent, and dishonest in every category. This is not meant to vilify any one group. It was just the complete lack of common sense behind it that kills me . . .)