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Post Statistics: 2,989 Views, 7 Replies
Latest Post: Mon, May 11 2009 6:18 PM by J
  • Tue, Apr 21 2009 11:29 PM
    Consumer Beware HVCC - Home Valuation Code of Conduct may cost you much more $$$ and aggravation. 2nd Post!!

    The following dialogue is from a fellow mortgage professional Roger Ingalls who gave me permission to re post this very important matter.  Please take note & TAKE ACTION ASAP..

     

     

    Your Appraised Value Could Fall 10% in Two WEEKS

    OK, that was rather alarming, but I needed to get your attention on an urgent risk, and a limited opportunity. I will explain. Perhaps, too thoroughly.

    No one, anywhere, is talking about this in the mainstream media. I have, to people that have inquired about refinances lately.

    Effective May 1st (two weeks), ALL lenders, loan originators mortgage brokers and loan officers will be prohibited from selecting an appraiser, or communicating with an appraiser in almost any fashion. Most lenders have already implemented the changes, and some are waiting until May 1st.

    I will provide links for further reading below, so for now, just humor me.

    So, why does that matter to the average borrower, and why will that lower appraised values?

    1. Appraisals will be ordered blind, through an appraisal management company (AMC). They charge more, and pay the appraiser considerably less, keeping the remainder. Typically it will make an appraisal about $100 more expensive, and they typically pay the appraiser about 50% of the charge. The payment is ALWAYS taken upfront, usually by credit card, before it is even scheduled, and NEVER at the door.

    2. On a refinance, Loan Originators (like me), will NOT be allowed to tell the AMC or appraiser what the borrower thinks the property is worth. We will not be able to discuss beforehand if the assumed value is reasonable, nor challenge/discuss the appraised value (the bank can…to lower it!). That means that your $500 appraisal is more of a gamble than it is now.

    3. Since the banks select the AMC’s, the appraiser is now more beholden to the bank, than he was to the borrower or the loan originator. Previously, it was evenly balanced. Banks do not backlist appraisers that understate value, but they do penalize appraisers that overstate value (which is why I NEVER pressured an appraiser to change his value). That will cause appraisers to instinctively become more conservative in valuations, as a survival tactic.

    4. Independent appraisers usually are paid about $400-$450 locally. That allows them sufficient time to do excellent work, and really study the subject property, and to research the best comparables. Going forward they will be paid about half that amount. It is reasonable to assume they will attempt to recover their loss by doubling their work load, and spend half the time on each appraisal.

    OK, so I could be wrong. And I am sure not EVERY appraisal is going to be undervalued.

    But I think I am right, at least on average, and so does most everyone in the industry I talk to.

    The difference between hitting 80% loan to value and 90% loan to value on a refinance is pretty easy to quantify. It means about 0.7% mortgage insurance added to the payment, or about $145/mo on a $250K loan. There are other examples, and they are almost all bad.

    So, IF you are sitting on the fence, hoping for better rates, or dealing with more urgent matters (like getting your taxes done!!), I beg you to consider taking action now, while we can still use independent appraisers with a few lenders.

    Before your appraised value falls 10% in two weeks. Maybe.

     

  • Thu, Apr 23 2009 11:54 PM

    From: Link http://www.petitiononline.com/hvcc/petition.html

    Attention:


        New York Attorney General, Freddie Mac, Fannie Mae and the Office of Federal Housing Enterprise Oversight

    The Home Valuation Code of Conduct ("HVCC") stands to be an important step forward for consumers and the Real Estate industry, but in its current form there are some important changes that require your attention.

    In its current form, Consumers have a great deal at stake as HVCC will not only require consumers to buy a new appraisal if they decide to change brokers or lenders, but will have to pay for longer rate locks as HVCC will extend the time it takes to close mortgage loans and deprive mortgage brokers and agents of the control that is fundamental in closing mortgage loans efficiently. Ultimately, this means costs are increased for consumers and there is less incentive for consumers to exercise their right to shop for the best deal when acquiring a mortgage as doing so requires purchasing an entirely new appraisal.

    The HVCC is also discriminatory against mortgage brokers, appraisers, and real estate agents. The HVCC stands to eliminate independent Appraisers overnight by requiring them to join Appraisal Management Companies (AMC's) in order to continue doing business. After joining an AMC appraiser will be disgorged of 40% or more of their income as a fee required by AMC's. This not only means the end of the Independent Appraiser as we know them, but means that virutally half of Appraiser's incomes will be shifted to unregulated entities, AMC's.

    HVCC has great potential, but only if careful consideration is given to the existing flaws that will only serve to hurt consumers, brokers, agents, and appraisers. We humbly ask for your help in helping HVCC live up to its true potential. Thank you.

    Sincerely,




    The Undersigned






    View Current Signatures




    869 Total Signatures

    to date

    SEE: 

    http://www.petitiononline.com/mod_perl/signed.cgi?hvcc 

     

    http://www.petitiononline.com/mod_perl/signed.cgi?hvcc




  • Tue, Apr 28 2009 3:23 AM


    CALL TO ACTION!



    Dear NAMB Member,

    IMMEDIATE ACTION REQUIRED! Today the House Financial Services Committee will hold a mark-up session on H.R. 1728 to decide which provisions will be included in the bill.  Please contact your Congressmen and urge them to support the Childers/Miller Amendment (which imposes a 12-month moratorium on the Home Valuation Code of Conduct ["HVCC"]). Click here to find your Congressman's contact information.

    In addition, please stress the importance of Title I, Section 103 that was carefully drafted and negotiated as part of HR 1728. This Section does its part to ban incentivized compensation from all distribution channels while still protecting mortgage brokers' ability to earn a living.  It offers true consumer protection.

    You must act NOW! Belo
    w are talking points to assist in your conversations. Preserve your ability to make a living by urging your Congressmen to vote for the Childers/Miller Amendment in H.R. 1728!


    Talking Points:

    I. Support the Childers/Miller Amendment
    A) Imposes a 12 month moratorium on the HVCC.
    B) Additional information about the HVCC is available here.


    II. Title I, Section 103: YSP
    A) Protects small business
    .
    B) Bans incentivized compensation from all distribution channels.
    C) Provides true consumer protection: protection from incentive-driven practices while still allowing competition in the market
    .

    D) Consumers want zero-point or no cost loans. In order to make a living and compete with larger banks, brokers must be able to earn indirect compensation as part of the rate or financed into the mortgage amount
    .

  • Fri, May 8 2009 9:55 PM

    Conservative numbers:

     

    Average US Loan Application     $118,000.00  x .0025 more to the origination cost due to the necessity of a longer rate lock required due to appraisal will take much longer do be done with HVCC =  $295.00  More to US Consumer

     

    Now under HVCC or Home Valuation Code of Conduct the cost of an appraisal will be increased by at least $125.00 more. =

     

     

    Mr. & Mrs. Consumer now you will pay at least $420.00 more  to your closing cost with HVCC??????

    Below is an example of New York State Attorney General Andrew M. Cuomo HOME VALUATION CODE OF CONDUCT (HVCC)  and what is may cost the US Consumer if HVCC is not stopped in the Senate.

     

    Home Valuation Code of Conduct

    The Federal Housing Finance Agency (FHFA) has announced the "final" Revised Version of the Home Valuation Code of Conduct (HVCC).

    The Code is based on an agreement between the Enterprises, the New York State Attorney General Andrew Cuomo and FHFA to improve the reliability of home appraisals.

    The "agreement" was originally between Fannie Mae, Freddie Mac, the Office of Federal Housing Enterprise Oversight and Cuomo. The New York Attorney General made a big splash is THIS ANNOUNCEMENT. The settlement was prompted by an investigation of mortgage and valuation fraud initiated by the New York Attorney General in response to allegations of shady dealings between an Appraisal Management Company, Washington Mutual and a group of appraisers doing contract work for the Appraisal Management Company.

    "The integrity of our mortgage system depends on independent appraisers," said Cuomo. "Washington Mutual compromised the fairness of this system by illegally pressuring appraisers to provide inflated values. Every company that buys loans from Washington Mutual must be sure that the loans they purchased are not corrupted by this systemic fraud."

    The lawsuit filed last week details a scheme in numerous e-mails showing First American and eAppraiseIT caved to pressure from Washington Mutual to use appraisers who provided inflated appraisals on homes.


    E-mails also show that executives at First American and eAppraiseIT knew their behavior was illegal, but intentionally broke the law to secure future business with Washington Mutual. Between April 2006 and October 2007, eAppraiseIT provided over 250,000 appraisals for Washington Mutual.

    Due to many problems with the original HVCC, the failure of WAMU, Fannie, Freddie and a myriad of other reasons, the agreement was revised after a comment period. However, it's far from perfect and, if implemented, will have a significant effect on your brokerage business and the relationships you have built.

     

     

     

    Per: http://www.ffiec.gov/hmcrpr/hm091108.htm  9/8/2008 Release          $$$$$$$$$$$$$$$$$$$$ US CONSUMER  COST INCREASE EXAMPLE with HVCC$$$$$$$$$$$$$$$$$$$$$$$$$

     

     

     

     

     

    The Federal Financial Institutions Examination Council (FFIEC) today announced the availability of 2007 data on mortgage lending transactions throughout the nation at 8,610 financial institutions covered by the Home Mortgage Disclosure Act (HMDA). Covered institutions include, but are not limited to, banks, savings associations, credit unions, and independent mortgage companies. The HMDA data made available today cover lending activity - applications for loans, loan originations and denials, and purchases of loans - from 2007. The data include 21.4 million applications and originations and 4.8 million purchases, for a total of 26.2 million actions reported by all covered institutions in 2007.

     

     

    Now let’s work the math   26.2 million consumer mortgage transactions in 2007.  Now the loans will need to be locked for at least 45 days (maybe 60) being conservative vs. 30 days as the time frame to get an appraisal  will be that much longer than before due to the complexities and process of the AMC’S (Appraisal Management Companies).

     

    Let’s be conservative that the average loan amount is $118,000.00 x 26.2 million = $3,091,600,000,000 Total Mortgage Monies Lent out.

     

     

    So now we take $3,091,600,000,000 x .0025% (this is a conservative number for the cost of the extended rate lock vs. a 30 day lock)

     

    = $7,729,000,000  cost more to the US Consumer  now wait there is MORE $$$$$$

     

    The average price conservatively of a new appraisal under the HVCC will increase by $125.00

     

    26.2 million mortgage transactions x $125.00 more from the US Consumer   =  $3,275,000,000   MORE   $$$$$$

     

    Grand Total of the example to the US Consumer

     

    $7,729,000,000    +   $3,275,000,000  =    GRAND TOTAL US CONSUMER MAY PAY MORE WITH HVCC  $11,004,000,000   (BILLION's MORE)

     

     

     

     

    References:

     

    Per: http://www.ffiec.gov/hmcrpr/hm091108.htm  9/8/2008 Release

    A MUST SEE

     

    http://www.cnbc.com/id/15840232?video=1111294890&play=1

     

    http://www.oag.state.ny.us/about.html

     

    http://www.cnbc.com/id/30521887

     

    http://kgerealestate.com/blog/2009/04/home-valuation-code-of-conduct-must-be-stopped/

     

     

     

    http://narblog1.realtors.org/mvtype/appraisalinsight/home_valuation_code_of_conduct/

     

    http://www.realtor.org/wps/wcm/connect/b79bfd004dd40b4f8919ade06077afc4/Williams+Fannie+Mae+HVCC+Delay+04202009.pdf?MOD=AJPERES&CACHEID=b79bfd004dd40b4f8919ade06077afc4

     

    http://www.realtor.org/wps/wcm/connect/239710804dd4088588d5ade06077afc4/Koskinen+Freddie+Mac+HVCC+Delay+04202009.pdf?MOD=AJPERES&CACHEID=239710804dd4088588d5ade06077afc4

     

     

    https://www.efanniemae.com/sf/guides/ssg/relatedsellinginfo/appcode/pdf/hvccfaqs.pdf

     

    http://ezinearticles.com/?(HVCC)-Home-Valuation-Code-Of-Conduct-And-The-End-Of-The-Independent-Real-Estate-Appraiser&id=1142474

     

     

    http://appraiseractive.blogspot.com/2009/01/home-valuation-code-of-conduct.html

     

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