Monthly Archive: February 2020

Final Inspection When Not the Original Appraiser - Appraisers Blogs 26

Final When You’re Not the Original Appraiser

When You Complete a Final and Were Not the Original Appraiser First of all, let’s clear the air of any initial confusion that could be potentially floating around out there. It is absolutely okay for an appraiser to complete a final for a property when they were not the original appraiser on the original report. It is perhaps slightly more unusual, but completely ethical. However, there are a few issues that an appraiser could potentially run into if they are completing a final for a report where they were not the original appraiser. I am going to talk about one...

Appraisers CASH the Darn Check! - Appraisers Blogs 52

CASH the Darn Check!

…AMC in question is refusing to allow new vendor appraisers to accept fee payments by check… Appraisers, I had an interesting conversation with a Chief Appraiser at a prominent AMC today (and no, you don’t have to berate or chastise me for using that expression) who told me they have a real problem with appraisers FAILING TO CASH FEE PAYMENT CHECKS! This news was absolutely stunning to hear. It is incredulous to me that people who claim to be ‘professional’ in their work, can’t figure out how to take a piece of paper with their business name on it and...

Borrower Class Action Against LandSafe Appraisal Settled for $250 Million 8

Class Action Against LandSafe Settled

…alleged that the lenders conspired with LandSafe to inflate appraisals to increase the size of mortgage loans sold on the secondary mortgage market… Believe it or not, cases are still being litigated in relation to events during the mortgage meltdown years. After nearly seven years of litigation, a settlement (subject to court approval) has been reached in the borrower class action filed in 2013 regarding appraisals managed by defendant LandSafe Appraisal Services between January 1, 2003 and December 31, 2008. The other defendants in the suit include Countrywide Home Loans and Bank of America and various affiliates. The central premise...

Arizona Goes After CoesterVMS - GAO to Investigate Appraisal Loopholes 1

GAO to Investigate Appraisal Loopholes

…Arizona is seeking damages and penalties against CoesterVMS… GAO has agreed to complete the study… Maxine Waters and Congressman William Lacy Clay requested a formal study/investigation into Title XI (FIRREA) and the recent dilution of its intent by the Federal Agencies. VaCAP has learned GAO has agreed to complete the study. The Network of State Coalitions has sent the following to their state members: This is the result of so many voices – the Foundation, ASA, coalitions, NAR, etc. Our Network efforts have given us an inside connection that hopefully we can continue to build on. Our meeting in DC...

USPAP Misleading Definition Inviting Problems, Not Protecting Public Trust 11

New “Misleading” Definition Inviting Problems

I perused the latest copy of USPAP and saw a new definition on the list: Misleading. While I appreciate the attempt by TAF to create clarity and their hard work, and appraisers need standards to operate by and USPAP should be that standard, the addition of this word to the list is symbolic of over-regulation. “Misleading” as a word is a qualitative term and the courts will determine whether something is “intentional” or “unintentional.” In Webster’s dictionary, the word “mislead” already has a negative connotation. “to lead in a wrong direction or into a mistaken action or belief often by...

AMC Liability for Deficient Appraisals - Can They Be Sued for Negligence? 14

AMC Liability for Deficient Appraisals

…may AMCs be liable for the deficient work of contractor appraisers? Can AMCs be sued for negligence? Can they be sued by borrowers?.. It’s now been a decade since the market relevance of appraisal management companies surged in connection with the procuring of appraisals for residential lending. Since then, interesting recurring legal issues have arisen relating to AMCs’ potential liability for the work of contractor appraisers: when and how may AMCs be liable for the deficient work of contractor appraisers? Can AMCs be sued for negligence? Can they be sued by borrowers? Here’s an overview of the answers to these...

Crack in the Foundation? Deep Dive Into the Appraisal Regulatory System 1

Crack in the Foundation?

Phil Crawford with Voice of Appraisal has a great new podcast! Phil interviews author Jeremy Bagott about his eye-opening book titled “Dispatches from the Cosmic Cobra Breeding Farm!” The book breaks down The Appraisal Foundation and provides a rare “behind the scenes” glimpse into the world of appraisal regulation! The author did his homework and takes a deep dive into the appraisal regulatory system structure. The book outlines the shape of “Incorporation by Reference” into regulation and how it disproportionately harms small businesses. The Appraisal Foundation held the “Golden Ticket” for the past 30 years… Who will be next? Enjoy...

FIRREA Under Attack - Protecting Homeowners from Appraisal Loopholes 25

FIRREA Under Attack!

…the federal agencies charged with implementing Title XI of FIRREA have taken steps to limit the number of transactions for which an appraisal is required… Congresswoman Maxine Waters and Congressman William Lacy Clay request a formal study/investigation into Title XI (FIRREA) and the recent dilution of its intent by the Federal Agencies. The letter to  Gene Dodaro, Comptroller General, Government Accountability Office, addresses threshold increases, regulatory exemptions, appraisal waivers, the North Dakota appraiser certification waiver and evaluations in lieu of an appraisal. It is clear the Chairwoman of the House Financial Services Committee and Subcommittee Chairman on Housing, Community Development and Insurance...

Fundamental Risks in Doing Hybrids 7

Fundamental Risks in Doing Hybrids

…the intent is to caution all appraisers about the fundamental risks in doing these… Hybrids – As if another reason for not doing them was required! Regular AppraisersBlogs readers are well aware of the controversy associated with doing bifurcated hybrids. Extensive information as well as disinformation has been spread by the hucksters that promote them, and those few management or owner-appraisers of such firms that benefit from them. This article is not to debate whether they should be done, or even if they could theoretically be done in anything resembling a USPAP compliant manner. Instead, the intent is to caution...

Low Mortgage Rates and Plentiful Appraisal Waivers - Appraisers Blogs 9

Low Rates and Plentiful Appraisal Waivers

The graph below comes from Len Kiefer, the data guru at Freddie Mac. Are we due for even lower rates? Who knows. But they have been lower not long ago. Theoretically, appraisers should have been really busy since about November 2018 through this past year. Were you? Me, not so much, but I don’t work for many AMC’s either. The fact that the GSEs and others have diminished the value of getting an appraisal done has adversely impacted our work. Waivers are plentiful now, and the raising of the de minimus threshold to $400K for non-GSE loans has reduced the...

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