Tagged: appraiser independence

Valutrust Turns the ROV Into a Pressure Tool 13

Valutrust Turns the ROV Into a Pressure Tool

Valutrust demonstrated with stunning clarity that the real threat to independence is not the lender at all, but the AMC that believes it can steer value without consequence.  Every so often a social media post surfaces that exposes the AMC problem with such clarity that it almost reads like satire. One recent social media post described an exchange with a Valutrust staff appraiser that perfectly illustrates how far some AMCs have drifted from anything resembling appraiser independence. The staff appraiser opened with the classic AMC dominance line. I have been appraising longer than you have been alive. It is the...

Appraiser Independence: What Does it Mean & Who Does it Apply to 10

Appraiser Independence: What Does it Mean & Who Does it Apply to

Why It Matters Appraiser independence is mandated by state and federal laws – not a professional courtesy. Every agent, broker, loan officer, lender and AMC involved in a transaction with a lender-ordered appraisal is legally prohibited from influencing the appraiser’s value conclusion and from interfering in the appraisal process. Violations can cost you your license, trigger federal civil penalties, NAR sanctions, civil liability, and in extreme cases, criminal prosecution.1 “I didn’t know” is not a defense. The Legal Foundation Three federal frameworks govern this area. Title XI of FIRREA (1989) requires all appraisals for federally related transactions to be performed...

The Board Has Spoken, and AMCs Should Pay Attention 16

The Board Has Spoken, and AMCs Should Pay Attention

The Board handled this case with the same patience appraisers have when an AMC sends “preferred comps” from another planet.  Virginia’s Real Estate Appraiser Board delivered a message at its June meeting that was impossible to miss. An attorney appeared on behalf of Financial Asset Services and Brandon Sison, asking the Board to reconsider the discipline handed down in March. The request arrived without the AMC or Sison themselves, which already set an interesting tone. When you ask a regulatory board to undo a suspension, showing up in person is usually a good start. The March decision was clear. The...

Suspended: The AMC That Turned Review Into a Value Demand 36

Suspended: The AMC That Turned “Review” Into a Value Demand

Financial Asset Services and its chief appraiser did not just cross the line of appraiser independence, they marched past it so boldly that the Virginia Board suspended them both. In a rare twist involving a reverse mortgage, the push for a lower value became so aggressive that the Board ultimately issued a second suspended license to drive the point home.  The Virginia Coalition of Appraiser Professionals recently highlighted a case that should make every appraiser pause. Financial Asset Services (FAS) was hired to manage a reverse mortgage appraisal, a product where the pressure often runs in the opposite direction. Instead...

ARCC Discussion Exposes GSE Agenda to Reduce Appraisal "Friction" 27

ARCC Discussion Exposes GSEs Agenda to Reduce Appraisal “Friction”

Mark Calabria’s discussion with ARCC revealed the GSEs’ agenda to reduce “appraisal friction” by eliminating the role of professional appraisers and the appraisal process altogether.  The recent discussion hosted by the Appraisal Regulation Compliance Council (ARCC) with Mark Calabria, the former Director of the Federal Housing Finance Agency (FHFA), offered a rare and illuminating glimpse into the inner workings and mindset of the nation’s housing finance regulators. During the engaging conversation led by ARCC Chair Josh Tucker, Dr. Calabria shared his expert perspective on FHFA’s controversial decision to significantly increase the use of appraisal waivers, which allow mortgage lenders to...

The Great Debate on Appraisal Fees 32

The Great Debate on Appraisal Fees

She included several different fee split examples indicating AMCs retained as much as 70 percent of the total appraisal fee paid by the borrower, which prompted her to stop working with AMCs because of the lack of transparency.  The appraisal industry is abuzz with a discussion about appraisal fees. The Consumer Financial Protection Bureau (CFPB) recently issued a Request for Information Regarding Fees Imposed in Residential Mortgage Transactions [Docket No. CFPB-2024-0021] in which it solicited feedback from the public and industry stakeholders on the fees charged to consumers by mortgage providers and related settlement services. The CFPB framed it as...

Appraisal Regulation Compliance Council Exposes Disturbing AMC Violations 102

Appraisal Regulation Compliance Council Exposes Disturbing AMC Violations

The Appraisal Regulation Compliance Council published a detailed breakdown to the CFPB, which showed the median average AMC fee being charged to borrowers amounted to a staggering 65% of the total appraisal fee, with one AMC extracting as much as 84% in pure profit. The Appraisal Regulation Compliance Council (ARCC) is a crucial non-profit organization that specializes in providing fact-based research and expertise on the complex web of appraisal regulations and compliance issues. Driven by a non-partisan mission, ARCC has spent the last two years diligently collecting, vetting, and organizing comprehensive data on lender appraisals conducted by Appraisal Management Companies...

Fight Unfair AMC Practices - Leverage State Authorities 34

Fight Unfair AMC Practices – Leverage State Authorities

Alarmed by predatory practices among AMCs, a peer has drafted letters urging appraisers to call on state authorities to address unfair AMC conduct and potential regulatory violations.  As appraisers, we have faced an ongoing challenge with Appraisal Management Companies (AMCs) offering fees that are well below the customary and reasonable rates for standard appraisal assignments. This practice has created a troubling trend of “bid wars” where AMCs pit appraisers against one another, driving down fees to unacceptably low levels. In response to this issue, a peer has provided two draft letters that can be easily modified and used by other...

Government-Sponsored Mortgage Giant Fannie Flouts Law 17

Fannie Wants to Script Conclusions of Outside Analyst – Believes It Is Above the Law

Government-sponsored mortgage giant Fannie Mae is essentially forcing banks to repurchase any loan it wants if [the appraiser] refuses to use the comparables Fannie has selected.  [The corporation] was created by the government, is controlled by the government, and operates for the government’s benefit,” wrote Justice Anthony Kennedy in a unanimous Supreme Court ruling in 2015. He was describing passenger rail hegemon Amtrak, but he could easily have been describing government-sponsored mortgage giant Fannie Mae. The Roberts Court held the National Railroad Passenger Corporation – known more commonly as Amtrak – was a government entity for the purposes of the...

FastApp AMC Alleged Violations of Appraiser Independence Requirements 57

Fastapp AMC Alleged Violations of AIR

The following court documents in the case Naftali Horowitz v. [xxx], Fastapp AMC founder v. Fastapp AMC president, confirm what appraisers have been saying all along, that if you want high-volume AMC work, you have to lower your fees to 1980’s level, have 24 hour turn times, and, above all, be a number hitter. Horowitz, Fastapp founder, filed a lawsuit in New York court on January 31, 2022 against defendant to, among other things, remove the defendant as an officer and director of the Company because, when he brought her on as shareholder in 2020, he claimed that she made...