Exposure Draft - Appraisers Blogs

Disparate Treatment and Impact in USPAP

Guest Author — Wed, 03 May 2023 12:30:03 +0000

USPAP has introduced the terms DISPARATE TREATMENT AND IMPACT in its 5th exposure draft. Disparate treatment and impact are bad for appraisers because they can damage the reputation of the profession, lead to legal and regulatory action, and negatively impact the success and viability of individual appraisers and their businesses. Disparate treatment occurs when an appraiser treats individuals or groups differently based on their race, ethnicity, gender, religion, or other protected characteristics. This type of discrimination is illegal and can result in legal and regulatory action, as well as damage to the appraiser’s reputation and business. Disparate impact occurs when...

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AQB Initial Fair Housing Course

AppraisersBlogs — Thu, 23 Mar 2023 12:30:54 +0000

Mandatory completion of an initial fair housing course lasting 7 hours by January 1st 2025, as well as 4 additional hours every renewal cycle thereafter. Recently, the Appraiser Qualifications Board (AQB) has proposed new requirements for those looking to become an appraiser or renew their certification/license. These include mandatory completion of an initial fair housing course lasting seven hours by January 1st 2025, as well as four additional hours every renewal cycle thereafter if this becomes standard practice. The following is taken right out of the new exposure draft on real property appraiser qualifications criteria. “The core goal is to...

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Confusing Language for USPAP Ethics Rule Addition

Dave Towne — Fri, 17 Feb 2023 13:30:52 +0000

A proposed update of professional guidelines for property appraisals contains confusing language about what constitutes discrimination, and would even suggest appraisers could engage in “ethical” discrimination. Folks, the following article is in the ABA Banking Journal e-newsletter, posted on Wednesday, February 15, 2023. I’m really glad this has been released. Hopefully the Appraisal Standards Board will closely examine the concerns of the regulators. I read the USPAP 4th Exposure Draft. It contains so much new Ethics Rule “legaleze” language about conduct that it is, and can be, overwhelmingly confusing to a majority of appraisers. It’s written by lawyers in such...

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Bias and Discrimination in Reports, Yes or No?

Dave Towne — Wed, 04 Jan 2023 13:30:57 +0000

Appraisers, should we include discussion of B&D in our reports? Wait, What?? Bondage and Discipline? No, not that. Bias and Discrimination. Yes, it must be addressed very clearly. Now, before you blow a cork or throw your mouse at the computer screen, let’s examine what’s really been impacting ‘us’ for the past 4 plus years. One of our peers, who’s become somewhat famous for the way articles are written about appraisal and other topics, had a recent article ‘rebroadcasted’ in AppraisersBlogs, FTX Bought Government’s Silence; Did Fintechs Buy Attacks on Appraisers? A statement in that article exposes some of what has...

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Baltimore Racial Bias Lawsuit

Dave Towne — Mon, 29 Aug 2022 12:30:17 +0000

When reading over the Baltimore document, it appears painfully clear (to me) that there is a competency issue exposed. Folks, below is the Baltimore court paperwork for the latest appraiser bias suit that recently ‘hit the fan.’ This document is fairly specific, in that it reveals quite a lot about the two appraisals performed, including the home locations for the ‘comps’ used. The attorneys representing the plaintiffs are from the same Washington, D.C. firm that The Appraisal Foundation hired to examine USPAP. That firm was the one which has provided new ‘discrimination avoidance’ verbiage being considered in the USPAP Third...

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No End Date for Future Editions of USPAP

Dave Towne — Tue, 16 Aug 2022 12:30:23 +0000

Future editions of USPAP will have an effective start date but no end date. Folks, on Thursday August 11, 2022, the ASB/TAF announced the extension of the current USPAP to the end of 2023. Assuming that a ‘new’ USPAP is formally approved in time, the next issue of USPAP will become effective January 1, 2024. But here’s the interesting wrinkle about this, which I admit I missed in their 8/11/22 announcement: “How long is the current version of USPAP effective? With this announcement, the 2020-21 USPAP will now have an effective date through December 31, 2023. This is an additional...

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USPAP Third Exposure Draft

Dave Towne — Thu, 04 Aug 2022 12:30:49 +0000

…the Ethics Rule has been expanded with a new highly detailed Nondiscrimination section, which also affects the Competency Rule. Folks, the Appraisal Foundation’s Appraisal Standards Board released the THIRD Exposure Draft to USPAP on July 26, 2022. To be honest, I didn’t know there have been two previous Exposure Drafts. I would encourage you to download and print this Draft here. The PDF is also embedded below. It’s only 11 pages total. The key difference in this Draft is that the Ethics Rule has been expanded with a new highly detailed Nondiscrimination section, which also affects the Competency Rule. You...

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2022 7hr USPAP Update Course

Dave Towne — Thu, 09 Sep 2021 12:30:08 +0000

Appraisers, if your license renews in 2022, you will need to take the ‘new’ USPAP 7hr Update course. See below. The Update class you have already taken for the 2020-21 book, which has been extended to Dec. 31, 2022, cannot be used for CE credit again. However, I’m somewhat confused as to the effective dates of this ‘new’ Update class. It says “2022-23” which implies it will be valid through the end of (or into?) 2023. But the ‘current’ USPAP is presently undergoing Exposure Drafts for the proposed changes, which will be effective as of Jan. 1, 2023. Normally, the Update...

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Advisory Opinion 16, a Game Changer?

VaCAP Board — Mon, 08 Mar 2021 13:30:19 +0000

The Appraisal Foundation has issued an exposure draft for Advisory Opinion (AO) 16. Advisory Opinion 16 is Fair Housing Laws: Avoiding Bias in Real Property Appraisal and Appraisal Review Development and Reporting. Unlike other exposure drafts, the text of the AO opinion has been rewritten. The traditional strike through of word or phrase changes is nonexistent. The Appraisal Foundation acknowledges “the Advisory Opinion was extensively rewritten”. Comments on the changes are due to The Appraisal Foundation by March 31, 2021 via SurveyMonkey or email, asb@appraisalfoundation.org. Although an Advisory Opinion is not a standard of practice, it does express what is...

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Pending Future Changes in USPAP 2022-23

Dave Towne — Mon, 21 Dec 2020 13:30:41 +0000

The Appraisal Foundation / Appraisal Standards Board have released the 4th Exposure Draft to the FUTURE version (2022-23) of USPAP. I, like so many other ‘stakeholders’ and appraisers, have grown weary of the incessant Exposure Drafts and updates to our mandated PROTOCOL MANUAL, which for many years has been massaged and modified in various ways every 2 years. Largely because new members cycle onto the ASB every year or two. The constant updates has resulted into a continuing cash cow for the Appraisal Foundation / Appraisal Standards Board. But in actual use, that should not happen because USPAP is codified...

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Mueller REO Hybrid Appraisal Report

VaCAP Board — Tue, 26 Mar 2019 12:30:58 +0000

Another Mueller Report has surfaced. The report is a Mueller REO Hybrid Appraisal Report and it was given to an appraiser as a sample. This one raises more questions than the last one! The photos from the property inspection do not tell the appraiser one thing. The photos are dark and the repairs the inspector states are needed, simply are not seen in the photos. It begs the question, does the appraiser have adequate information to complete a credible appraisal? Now take a look at the Mueller REO Hybrid Appraisal report. Pull up the report and follow along. Some things have...

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Another Draft to a USPAP Draft!

Dave Towne — Wed, 13 Feb 2019 13:30:40 +0000

Well, don’t toss your reading bifocals in the wastebasket just yet. Apparently, there were so many negative issues with the THIRD exposure draft to the 2020-21 version of USPAP, that the ASB jettisoned it, and will move forward with a FOURTH draft. Everyone should be on their toes, ready to peruse this stellar document when it is released not long from now! Can’t we, please, establish a set of reliable and understandable procedures, and leave them in place for 5 years minimum? Please! Here’s the announcement issued on February 8, 2019, after the ASB meeting in Scottsdale, AZ: (From the Appraisal Foundation)...

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What If the Algorithms Are Wrong?

VaCAP Board — Mon, 04 Feb 2019 13:30:29 +0000

Algorithms are everywhere… “Algorithms decide who gets a loan, who gets a job interview, who gets insurance and much more — but they don’t automatically make things fair. Mathematician and data scientist Cathy O’Neil coined a term for algorithms that are secret, important and harmful: “weapons of math destruction.” Learn more about the hidden agendas behind the formulas.” “Algorithms are opinions embedded in code. It’s really different from what you think most people think of algorithms. They think algorithms are objective and true and scientific. That’s a marketing trick. It’s also a marketing trick to intimidate you with algorithms, to...

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Increased Regulatory Persecution of Appraisers

Michael Ford — Tue, 22 Jan 2019 13:30:04 +0000

The current and proposed revised version of USPAP also opens the door to increased regulatory persecution of licensed and certified real estate appraisers, while leaving all others that opine about values with no constraints, rules or limitations. I was recently asked to consider a proposed change to USPAP. As received in my email: “Also this, in the 3rd exposure draft 239 The appraiser is not required to title an appraisal report using specific terminology because 240 USPAP compliance is measured by the substantive content of a report, not by what the 241 report is called. The use of labels such as analysis,...

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Appraisers Take on Washington DC

VaCAP Board — Fri, 26 Oct 2018 12:30:42 +0000

Hybrids were a big topic & many regulators are concerned about their compliance… Independent Fee appraisers representing 15 different states were well represented in Washington DC this past weekend. Appraisers from Virginia, North Carolina, South Carolina, West Virginia, Ohio, Louisiana, California, Illinois, South Dakota, Michigan, Utah, Rhode Island, Delaware, Maryland and Washington State joined together in DC for several gatherings. To sum it up simply… Positive Unity among all. On Friday, three members of VaCAP attended the Appraisal Standards Board Meeting. This meeting was live streamed, so hopefully you were able to watch live. Lots of discussions on the proposed changes to the 2020-2021...

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If It’s Not an Appraisal, What Is It?

Dave Towne — Sat, 06 Oct 2018 12:30:22 +0000

…do away with specifically ‘naming’ an appraisal report as to the “type” it is… Folks, the Second Exposure Draft of proposed changes to the next USPAP was released by the Appraisal Standards Board on August 23. See embedded PDF below. The ASB is encouraging all users to review this document, and provide commentary back to them on/before October 10, 2018. One item of note is there is a proposal in the Draft to do away with specifically ‘naming’ an appraisal report as to the “type” it is. If it’s not an ‘appraisal’, what is it?? Currently we have “Appraisal Report”...

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At or During?

Dave Towne — Mon, 23 Jul 2018 12:30:50 +0000

“At the time of assignment” refers to the time period commencing… Last month, the Appraisal Standards Board (ASB) provided the ‘first draft’ of the proposed changes to the 2020-21 USPAP, which I circulated. One of the points they mentioned is a goal to make USPAP easier to read and more understandable. OK, commendable. Then on June 27, 2018, the Appraisal Foundation and the ASB released the latest USPAP Q&A “suggestions.” (The USPAP Q&A’s, AO’s, and FAQ’s are not directives, or even a ‘legal’ part of USPAP. Instead, they offer independent commentary on how a particular issue could be handled or solved, but may...

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Are Bifurcated Appraisals Legal in Your State?

VaCAP Board — Mon, 09 Jul 2018 12:30:47 +0000

Lately there has been a push for bifurcated (hybrid) appraisal products. Those promoting these questionable products claim it will reduce the amount of time to obtain an appraisal. Most appraisers are screaming foul play, and for good reason. It is because of bad players doing questionable things that licensing became mandatory in Virginia. Mandatory. Licensing of appraisers protects the public trust. We all know splitting the process will not save time, but rather create delays. The only reason for this questionable product is the profit of the amc, nothing more. And then there is the quality of the information being...

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Ain’t No Way to Run a Railroad

Dave Towne — Tue, 26 Jun 2018 12:30:41 +0000

Appraisers get frustrated with the constant changes and revisions every two years… Folks, attached is the 1st Exposure Draft of changes to the NEXT “bible” of our industry. Read this over and then send in your comments per the instructions. With this draft, the ASB is desiring to simplify much of the document to make it easier to read and understand. There are numerous proposed edits you’ll see when you read it. They explain their rationale for the changes. This is appreciated. I’m also glad to see they have added to the Definitions the words “State” and “Summarize” which have...

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Action Reminders

VaCAP Board — Wed, 27 Dec 2017 13:30:01 +0000

Topics getting a lot of attention… Life can be hectic around this time of the year and we wanted to remind everyone of a few items that need your attention and action: First: The AQB has another exposure draft out concerning appraiser licensing qualifications. The big issues are Degree Requirements, Alternative Tracks, Practical Applications and Experience Requirements. These topics have been getting a lot of attention as the “perceived appraiser shortage” card is being played by lenders and AMCs. Please take a few minutes and share your thoughts. The exposure draft and comment instructions can be found here. VaCAP urges every appraiser to comment on these topics. The deadline...

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