FHA Requirements vs USPAP
FHA Requirements vs USPAP – Appraisers Caught in Catch 22
Excerpt
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 “must” force appraisers into a Catch 22 or turn down the FHA appraisal assignments. FHA is essentially making it a condition of employment that appraisers violate the Competency Rule. Why did I not see this before? I guess because the two never converged in my mind at the same time and I expect that is what has also happened to other appraisers.
Competency Rule: 2014-2015 Uniform Standards of Professional Appraisal Practice
Lines 344-346: “An appraiser must: (1) be competent to perform the assignment; (2) acquire the necessary competency to perform the assignment; or (3) decline or withdraw from the assignment. In all cases, the appraiser must perform competently when completing the assignment.” |
It is an FHA assignment condition that appraisers make the following statement within the report:
“The utilities were on and functioning at the time of inspection and the home meets 4150.2 & 4905.1 HUD Requirements,” and “Other intended users[of the report] are HUD/FHA.”
…the question is obvious, “Is an appraiser (you for example) qualified [competent] to make the statement that ‘the home meets 4150.2 & 4905.1 HUD Requirements?”
Congrats to those who found another way to make a good living without all the undue Stress. My plan has been to reduce the amount of lender clients year over year and soon I plan to do nothing but personal appraisal work. Pre-Listing, Pre-Sales, Estate work, Tax Appeal work, etc. As of this year I am about 65-70% average on personal work and loving it. I actually like Appraising, but NOT in today’s lender climate where they question your work every step of the way regardless of the number of years experience you have or the annual continuing education you take. You are lumped in with everyone and the consensus is Appraisers are the low of the low. HOWEVER if you do personal work and create a great reputation with local Realtors and Homeowners, they actually RESPECT your work….WOW what a concept….RESPECT!!! Good luck to all who take that leap and retire from this business. I wish you nothing but great things moving forward.
Bubba Jay, sorry to see you or any of the old timers go before you had originally planned to ‘way back when we were all new’. But you are right, we ALL have to look to our families best interests. Just a suggestion, why not keep the license active for two years “just in case”?
Mike Alderman, What you say is true. R.E. IS changing…as it always has. In 1971 I heard a story about old timers writing up offers on napkins on the hood of their cars…so with one of my more loyal clients I did the same thing. Offer made and accepted on a napkin (and cleaned up REAL fast by escrow instructions). Those were the wild and wooly days.
I got out in ’74 and went into Credit Union work til ’80-’81. Started a diving company in ’83, and then back to sales in ’84 when the Easton Act (disclosure panic) was the big deal in California. By ’86 I remembered why I got out in the first place and became an appraiser. I was an MAI Candidate back then (until licensing); training under an old time MAI; and an SRPA; doing a LOT of work for Resolution Trust after the S&L Bailout.
Fast Forward to Present- Through ALL the changes in the market the one constant is that the market itself actually WORKS! It gets manipulated, twisted, bent and subverted, but the actual R.E. Market WORKS. Not perfectly (even in open, true honest deals) because the participants are imperfect and have so many different motivations and requirements. But it works well enough to estimate the impact of most of those diverse motivations. Some measures can be proven, and some are derived from that first super computer that all of us ever used; our minds. Early on I was told to listen and pay as much attention to that computer as all the other ‘hard data’. It is NO LESS VALID just because it cannot be quantified mathematically. Even IRS refers to what they call “a smell test” before they decide to open up an audit case on tax returns. PURELY subjective! YOUR computer has already done all the calculations and distilled it down to a few answers.
We always knew our job was a varied blend of art and science, but those who currently use our services have been conned by software writers and hucksters into thinking it is ONLY a science. That THEY are the only ones with the solution to let non appraisers THINK they can determine values! Merely numbers to be crunched. When THOSE numbers don’t work, then keep searching until you find numbers that ‘appear’ to . The process is more important than the validity of the result.
Take music. It can be boiled down to almost pure math and pure science. A series of notes, pauses and timing. Take the purest music ever written, and the most technically ‘correct’ non musician playing it and compare him or her to a musical artist; a true musician. The result of one is science and sterile, the product of the other is art that stirs the soul. One teaches small children in a poor school district; the other plays in Carnegie Hall.
We need to be allowed to go back to practicing our art; coupled with softly applied but meaningful oversight to keep us honest. Professional peer groups used to do that. Now we require State and Federal Agencies to do it. Agencies & GSEs that only see the math and science.
Like FNMA who ADMITS their historic guidelines have skewed appraisal adjustments away from market perceptions for decades! In fact they have discontinued those fallacious guidelines completely. Well, ALMOST completely. The CU database that they use to tell appraisers that THEIR adjustments are “outside the model” is of course based on those very same ‘guideline’ adjustments that FNMA now admits were worthless.
Now if “that don’t make ya sit up, scratch yore haid; and say hmmmmm” nothing will!
I personally think we can direct a return to sanity. It just takes some real effort and cooperation among appraisers, and eventually those we deal with. Later this week I’ll post a draft proposal for a fair national (minimum) REASONABLE fee for our primary products. I’m not focusing on ambiguous “customary” anymore since that metric has been so perverted. Its based on the lower end costs and benefits of one of the higher cost of living areas; but for those so inclined you can recalculate it to your own local multipliers from the data and links it contains. IF we agree it makes sense, then ultimately we will have to stand WITH AMCS to get THEM the amounts from the banks that allows for us to be paid the amounts proposed! Right now, the banks and lenders associations engage in Sherman Anti Trust price fixing (in my opinion).
My intent IF we can get enough general consensus here, is to submit it to the AGA for review and for further submission to each of the State Coalitions, and Known Appraiser Peer Groups. My belief is we need to go for it nationally rather than piecemeal, state by state though we certainly need all coalitions support to do that.
YOU folks will find the flaws in it, I’m sure. Those that can be fixed will be corrected, but most importantly we CANNOT AFFORD to take another year to get started on this! Please address it fairly and openly, but without quibbling over minor flaws. We COULD get this in the works in months rather than years. Thank you.
Almost retired, Id BET that $35 per appraisal came from the appraisers fee and not the AMCs. Also wonder how that squares with appraisers not paying any undisclosed fees in connection with getting work? Since the HUD 1 (& he new TURD) ONLY show it all as a single appraisal cost.
Amazing facts to know.