Category: E&O

Who Is Llano Financing Group? Who Is Carrington Capital Management? Why Are They Suing So Many Appraisers? - Imagecredit Flickr - Catherine Read 4

Why Are They Suing So Many Appraisers?

Who Is Llano Financing Group? Who Is Carrington Capital Management? Why Are They Suing So Many Appraisers? Short Summary Update 8-17-15: Hundreds of appraisers are being sued by two entities that invest in suing appraisers for profit.  At this time, the entity filing the most lawsuits against appraisers is Llano Financing Group, and most of the appraisals it is suing over were held by Impac Funding/Impac Mortgage.  Impac is expressly assigning its claims and rights to sue appraisers to the investors (according to the court complaints).  In the last three months, the investors have sued about 280 appraisers in Arizona, California, Colorado, Florida, Illinois,...

FHA vs USPAP – Appraisers Caught in Catch 22 - Imagecredit Flickr - gfpeck 90

FHA vs USPAP – Appraisers Caught in Catch 22

The new FHA Handbook will become effective on September 14, 2015. There has been much discussion of the implications of changing “should” to “must” in thousands of examples in the Handbook. As a Board member of the Arizona Association of Real Estate Appraisers as well as being on the FHA Roster, I have taken a good hard look at these requirements and then, it hit me as I was teaching the Uniform Standards of Professional Appraisal Practice (USPAP) which is the basis of appraisal standards for every appraiser in the United States. The FHA assignment conditions, whether under “should” to...

Help I Got a Subpoena! - Errors & Omissions 4

Help I Got a Subpoena!

If you are in business long enough, you will get subpoenaed by someone involved in a dispute that may not even involve you. A subpoena is technically a court order compelling you to appear and testify or to produce records or both. If you are actually involved in the dispute as the plaintiff or defendant, your duty to comply with the subpoena is generally very clear and mandatory. However, when you are not the plaintiff or defendant, complying blindly with a subpoena without asking any questions may not be in your best interest. As a non-party, a subpoena may be...

Warning: General Liability and FHA Appraisals 10

Warning: General Liability and FHA Appraisals

I called Peter Christiansen of LIA Insurance to ask him some questions about the new FHA requirements and the change from “should” to “must’. FHA appraisers are vulnerable to lawsuit because there is a greater incidence of defaul among FHA properties due to the high percentage of loan to value (97%). However, not only are they more vulnerable for suits as the result of foreclosures, they are also more vulnerable for other suits because of the added requirements of FHA. Peter brought up the issue of general liability and the exposure that an appraiser faces by doing the things required...

Appraisers Participation Needed - NMAC Tackling BPO & CU Issues - Imagecredit Flickr - Miles Heller 2

Appraisers Participation Needed – Tackling BPO & CU Issues

The appraisal industry was blindsided once again only this time by the AG’s office when they determined that the Real Estate Appraiser Board cannot regulate BPO’s. The New Mexico Appraiser’s Coalition and the Rio Grande Chapter of the Appraisal Institute sent a joint letter to the Appraisal Board prior to a hearing that was held in January to discuss the BPO language in the Appraiser Act. Although we feel we provided enough information to guide the Board, the Attorney General Representative at the meeting made the determination that the Appraisal Board had no jurisdiction over the BPO product. Even though...

Laxer Restrictions - Residential Real Estate Industry & its lobbying groups pushing for looser restrictions on real estate lending - Imagecredit Flickr - Shawn Rossi 8

Laxer Restrictions? Not Again!

Skinning appraisers alive and blaming them for everything except the disappearance of Jimmy Hoffa and now pushing for looser restrictions! With the overall economy improving and with unemployment dropping back to more manageable levels, it was only a matter of time before the residential real estate industry (builders, bankers, mortgage lenders, Fannie Mae, Freddie Mac and Wall Street) and its lobbying groups and trade associations popped up and asked for Congress and federal regulators to reduce or end many of the restrictions placed on the industry after it gorged itself on the U.S. economy and left the table with only...

FHA Appraisers Increased Liability & Responsibilty with New FHA Requirements 27

FHA Appraisers Increased Liability with New Requirements

New FHA Requirements Put More Responsibility and More Liability on FHA Appraisers After reviewing the new HUD handbook, my overall conclusion is that there were not many changes to the overall requirements other than the word MUST. The prior handbook was a list of items that should be completed and verified whereas the updated HUD handbook clearly states that the properties MUST meet these items and the appraiser MUST verify the items in question. The following is a list of FHA requirements that MUST be completed and verified by the appraiser. It is my opinion that these items will make the appraiser...

Protect Yourself with a Limitation of Liability Clause . Limitation of liability clauses are contractual provisions used to cap the liability of a party to a contract or transaction. - Imagecredit Flickr - Tax Credits 2

Protect Yourself with a Limitation of Liability Clause

Set Your Limits and Protect Yourself with a Limitation of Liability Clause In a recent case on the West Coast, a certified general appraiser was sued for professional negligence by a commercial lender. The lender had made a high-interest, short-term loan to an  investor/developer for the purchase of a large parcel of land that the borrower planned to subdivide and sell as mini-ranches. The property was appraised for approximately $5 million in 2007, and the lender had loaned $3.2 million. Within months after closing, the borrower’s project began sputtering because of the financial crisis, and by early 2009, the borrower was in default. The property sold at...

Indemnity Agreements and Appraisers 5

The Dilemma of Indemnity Agreements – What Should an Appraiser Do?

Appraisers are often required to sign lengthy contracts to obtain assignments from lenders or Appraisal Management Companies. These contracts outline the scope of work, when the assignment is due, how to transmit reports and other items that require review and understanding. Once the contract is formalized, the appraiser is then legally required to comply with its’ provisions. One important and often troublesome requirement is the Indemnity Provision. The concept of indemnity means “security against hurt, loss or damage”. Through indemnity, one party can shift the responsibility of loss to another party regardless of who is actually to blame or is...

Appraisal Workfiles Risk Assessessment 23

LenderVend Requirement For Appraisers to Upload Copies of Appraisal Workfiles

Many residential appraisers we insure and several appraiser organizations have contacted us in the last few days about an appraisal management company’s new requirement that their panel appraisers upload a PDF copy of their appraisal workfile for each assignment they perform.  The AMC is LenderVend, LLC and, according to its website, it is affiliated with mortgage lender Provident Funding. We understand that LenderVend’s requirement imposes an additional burden on appraisers.  We’ve also heard firsthand from appraisers about the anxiety the policy is creating because of the unknown uses to which the workfile may be put by the AMC.  As is the case with any peculiar...

Family home just another investment asset 3

Thank You Wall Street for Killing off my Hallmark Moments

I’m not sure when it happened, but sometime in my lifetime the family home stopped being where you chose to live to raise your family and put down roots and became an investment asset. It seems this transformation began when investment bankers on Wall Street first realized residential mortgage lending represented a potential source of huge profits. Prior to the Great Depression, a typical mortgage loan was for 50% of the cost of a home, was interest only, was for 5 years with a balloon payment due at maturity, was funded by the same bank or savings & loan where...

Leaving Residential Appraisal - Is consumer safer 21

Why I’m Leaving Residential Appraisal

The Law of Unintended Consequences is a law, like Murphy’s Law, which is always lurking in the background to foil the attempts we humans make to control the world around us. It is particularly true of government attempts to reduce crime. A couple of examples follow: I used to love air travel. I was a flight test engineer at Boeing and for many years I flew all over the world for both work and recreation. Then came the shoe bomber. Now I wait in long “security” lines while thousands of security workers peer at video screens as billions of pairs...

Deja vu all over again ~copyright AppraisersBlogs 5

Déjà Vu…All Over Again

Philosopher George Santayana once said, “Those who cannot remember the past are condemned to repeat it”. In light of recent actions in the mortgage lending industry, we all may be able to experience the thrill ride of 2007-2009 all over again…soon.  You may wonder what actions I am referring to so let me share a brief list of what I will call the top ten contributing factors to the downturn I see happening by July of 2017. By 2017 it will have been 10 years since the start of the last collapse in the real estate marketplace. Since institutional memory...

a la mode NDC partnership 2

a la mode and National Data Collective Form Partnership to Offer Real Estate Data Services to Appraisers

November 10, 2014 — Naples, FL — a la mode announced today that NDC (National Data Collective), a leading national provider of property data for real estate professionals, has agreed to integrate its data products with a la mode’s full range of appraisal formfilling systems. NDC offers a subscription-based data service to appraisers covering more than 130 million properties in all 50 states, with full property profiles, assessor records, deed history and comparables data.  Its products are available on desktop and mobile platforms, with an advanced user interface designed around appraiser efficiency.  Foreclosure activity is also available, along with flood...