Category: AMC

NAIHP Promotes New Appraisal Rules on Capitol Hill 4

NAIHP Promotes New Appraisal Rules on Capitol Hill

NAIHP acknowledges neither HVCC nor Appraiser Independence rules require the use of AMC’s. The conflict of interest rules contained in the “Interim Final Rule on Appraiser Independence,” were designed to establish a firewall between a loan production department ordering valuations of residential real estate and appraisers, who perform valuations. The Federal Reserve Board (FRB), who established the Interim Final Rule to replace the Home Valuation Code of Conduct (HVCC) in October of 2010, recognized it was not always practical to separate these functions in small financial institutions, which is why the FRB created two sets of firewall requirements: one for...

Forecasting Your Appraisal Business 0

Forecasting Your Appraisal Business

Improving your financial management through cash flow forecasting Memorize this statement: “Cash flow is the lifeblood of all businesses.  Without cash flow your business will die.” I stress this statement often when I talk to appraisers during conferences, meetings, and webinars. Why? Because you are a small business owner first… and an appraiser second! Appraisers do a remarkable job and take great pride in their appraisal work. I recommend that you also take this attitude and approach towards your appraisal business, particularly your cash flow. What Is Cash Flow Forecasting? Cash flow forecasting is defined as planning what cash will come into the business in...

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Kentucky Passes Legislation Helping Appraisers Harmed by AMCs

On March 21, Kentucky Governor Steve Beshear signed into law House Bill 120, which created a new appraisal management company recovery fund to replace its current surety bond requirement. The Kentucky Real Estate Appraisers Board will establish procedures for making claims against the fund and will administer the funds in order to provide restitution to licensed or certified real property appraisers who have suffered pecuniary harm by an AMC. Appraisers will be able to seek

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Fannie Mae Issues “Hard Stops” on Appraisal Messaging

As of January 28, 2013, Fannie Mae started placing greater restriction on the data they collect to ensure uniformity. You will now begin seeing a “hard stop” issued by Fannie Mae on messaging. This change affects Appraisers working with AMCs or other lenders who submit data to Fannie Mae. What has changed? As appraisers know, the Uniform Collateral Data Portal (UCDP) is an electronic tool that Fannie Mae uses to ensure uniformity in the data that Appraisers collect and submit. The theory is that being able to track trends and information through data collected on appraisals will ensure more informed...

Rules making difficult to become a state certified appraiser 5

How to Make a Profession Disappear

…You can see how difficult to become a state certified appraiser. We are fairly near the end of the continuing education cycle for appraisers in my home state of Pennsylvania. Among other topics, I’ve been presenting changes to laws and regulations, which include the new Appraisal Qualifications Board (AQB) standards that go into effect in January 2015. You can find the regulations here. The overwhelming response from existing appraisers is: “Do they just want to make us go away?” The new requirements will include a bachelor’s degree, as well as — in most states — 2,000 hours of experience under...

PowerLink Settlement Services Closing 3

PowerLink Settlement Services Closing

Another AMC Closing Down: PowerLink Settlement Services This information was passed along by Washington State Appraiser and Educator, Dave Towne. An AMC called PowerLink Settlement Services is expected to close down by the end of April per letter to their vendor appraisers. “Appraisers, Another AMC bites the dust, or will, by the end of April, per their letter sent to their vendor appraisers. They expect the volume of orders to taper off during March and April: PowerLink Settlement Services (and affiliates) Coraopolis, PA” The letter does indicate appraisers will be paid as long as invoices are properly submitted. It’s nice,...

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Read That Agreement Before You Sign or Leap

Having the most unfair agreement will cause the lender or AMC to lose those appraisers I recently ran across the provision below in a new contractor agreement between an AMC and its panel appraisers, when one of LIA’s insured appraisers asked me to take a look at the agreement. The contract contained the average indemnification provision found in most unfair AMC contracts in which an appraiser promises to defend and reimburse the AMC for “any and all liabilities, damages, costs and expenses (including all legal fees) arising out of or relating to any claim, action, suit, complaint, liability, damage, or other...

Three Ways to Reverse the Mass Exodus of Appraisers - Hire a Trainee 3

Hire & Reverse the Mass Exodus of Appraisers

If you are doing too much and not being paid enough, you are a PERFECT candidate to hire and train a new appraiser.  Three Ways to Reverse the Mass Exodus of Appraisers I was recently in Texas at yet another appraisal conference. The man who was speaking asked everyone to stand up. There were approximately 140 appraisers in the room. He then asked for those under 30 years of age to sit down. About five people did. He asked those under 40 to sit down. About 10 more did. Under 50. About 25% of the room was now sitting. Finally,...

Overtime Lawsuits Affecting Appraisal Firms, Lenders and AMCs - Imagecredit Flickr - Pictures of Money 1

Overtime Lawsuits Affecting Appraisal Firms, Lenders and AMCs

Are employee appraisers of appraisal firms, AMCs or lenders “exempt” from overtime pay under the FLSA? Under the federal Fair Labor Standards Act (FLSA), employees in most types of businesses are required to be paid overtime at 1.5x their hourly rate if they work more than 40 hours in a seven-day workweek, unless they are properly classified as “exempt.” As I’ll show in three cases below against an appraisal firm, a lender and an AMC, this law presents a genuine liability risk to businesses in the valuation industry. Let’s start with what should seem like a basic question: Are employee...

AMC Declares Bankruptcy: What Appraisers Need To Know 0

Bankruptcy Declared by AMC

AMC Declares Bankruptcy: What Appraisers Need To Know You received a letter in the mail informing you that your client has filed for bankruptcy.  It is this moment you realize that this bad news just became your problem. Many of us are familiar with the recent bankruptcy filings of Evaluation Solutions and its subsidiary ES Appraisal Services. Peter Christensen, attorney and general counsel to LIA Administrators & Insurance Services, shared in his blog that the total unpaid fees to appraisers, agents, and brokers as listed in bankruptcy documents is $11,048,411.97!  This is a remarkable amount.  Evaluation Solutions’ bankruptcy documents accounted for...

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