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    June 10, 2009

    Open Letter from a la mode Chairman: Reversing the damage done by the HVCC

    Attention To: Our colleagues in the real estate industry

    From: David Biggers, Chairman, a la mode, inc.

    RE: Reversing the damage done by the HVCC

    As many of you are aware, we’ve always been at the forefront of lobbying for and protecting the interests of the profession. That’s why, a little over a year ago, we began the complex and expensive process of trying to educate everyone we could about the little-known dangers of the proposed “HVCC”, or Home Valuation Code of Conduct.

    "Unfortunately, as the economic meltdown and our presidential election garnered all the attention in Washington this past year, the HVCC transitioned quietly from a mere proposal into concrete national policy altering the core aspects of virtually all real estate transactions, with devastating effects."

    Today, the complications of the HVCC are killing real estate deals in every corner of the country, forcing buyers to pay more in closing costs while receiving less service, eliminating the positive aspects of the business relationships that REALTORS®, mortgage brokers, and appraisers have nurtured for decades, and shifting market value decisions to unfettered and often clueless appraisal management companies located thousands of miles away. Worse, your transactions, in your town, are many times being derailed by night shift hourly workers parading as “appraisal reviewers” in call centers half a world away. That’s not appraisal independence – that’s appraisal insanity, and it’s hurting every one of us.

    Our friends at NAMB, the National Association of Mortgage Brokers, are seemingly more aware of that than anyone. They agreed with us from the beginning that the HVCC is not just an appraisal issue and indeed is a threat to the livelihood of thousands of independent small businesses run by their members.

    That’s why we’re happy to pass on this Call To Action from NAMB and to encourage you to follow through with the phone calls, e-mails, letters, and visits to everyone you can reach. Getting the reversal of the HVCC back into the national spotlight is achievable if we each take the time to make a difference.

    A few minutes is all that’s required, but it could literally save the entire real estate industry from the specter of ill-conceived national policy interfering with inherently local real estate practices and relationships. None of us can afford to let that take root. Please read NAMB’s call to action [click here], and help us all save our industry from this dangerous federal bureaucratic meddling.

    June 09, 2009

    NAMB - HVCC Call To Action

    Namb

    To: All Mortgage Brokers, Real Estate Agents, Appraisers, Lenders, Home Builders, Title Agents, and Consumers

    From: Marc Savitt, President- National Association of Mortgage Brokers

    After more than a year of exhaustive negotiations with Fannie Mae, Freddie Mac, Director of FHFA (GSE Regulator) James Lockhart, and NY Attorney General Andrew Cuomo, NAMB believes the time has come for your individual voice to be heard.

    In order for this “Call to Action” to be effective, we ask that you fully participate, encourage others to join the action and continue calling and emailing everyday, until advised to stop by NAMB. This will NOT be a one day action!

    We have received hundreds of e-mails through the hvcc@namb.org  e-mail address outlining specific cases where the HVCC has created delays and additional costs to consumers. NAMB has categorized and compiled a report of the examples received, which was sent to FHFA Director James Lockhart. Please use your own examples in your conversations with legislators, regulators, or their staff. Also, please visit the NAMB HVCC Resource Center for additional information and documents on the HVCC.

    Who will you be contacting?

    Also, please contact your local TV and Newspaper outlets. Below are talking points and background information to assist in your conversations. Please remember we are all professionals and should conduct ourselves accordingly in any communication with the above parties.

    For the most successful and influential calls, it is important to concisely quantify how the HVCC is affecting your consumer and your business.

    Talking Points:

    1) NAMB conservatively estimates (breakdown below) that the HVCC is costing consumers over 2.8 BILLION dollars a year in extra fees, created by long delays (extended lock-in fees) and higher appraisal costs.

    2) Unregulated Appraisal Management Companies (AMCs), who have been the subject of several misconduct investigations, are the centerpiece of the HVCC. The original Cuomo investigation involved a federally chartered bank and an AMC.

    3) AMCs are driving honest appraisers and mortgage brokers from business, eliminating competition, increasing costs to consumers and reducing state revenue. The HVCC is causing significant delays in real estate transactions, hurting real estate agents, title companies and other third parties reliant on turnaround time.

    4) HVCC does nothing to reduce fraud, as it legitimizes the same failed model, which was the subject of Attorney General Cuomo’s investigation.

    5) No Portability! Consumers are “trapped” with a specific lender. If a better deal becomes available with a different lender, the consumer is forced to pay for another appraisal.

    Click here to continue reading . . . .

    Continue reading "NAMB - HVCC Call To Action " »

    Fannie Mae Announcement 09-19 - Clarification of Announcement 08-30, Appraisal-Related Policy Changes and Clarifications

    Fannie Mae's Announcement 09-19 updates and clarifies the following appraisal and property-related topic: Clarification of Announcement 08-30, Appraisal-Related Policy Changes and Clarifications Updates to Announcement 08-30, Appraisal-Related Policy Changes and Clarifications.

    FNMA Announcement 09-19

    Market Conditions Addendum to the Appraisal Report

     In Announcement 08-30, Fannie Mae introduced the Market Conditions Addendum to the Appraisal Report (Form 1004MC) to further enhance the transparency of the conclusions made by the appraiser related to market trends and conditions.

    To add clarity, Fannie Mae has added several shaded areas to the form to recognize that all the requested data may not be available from the data sources used by the appraiser and therefore the information may not be provided. The lack of completion of these areas is acceptable as long as the appraiser provides an explanation as to why these sections of the form are not complete. However, if the data is available, the appraiser must include the data in the analysis.

    Fannie Mae is also modifying the requirement for the “Median List-to-Sale Price Ratio” to now label it as “Median Sale Price as a Percentage of List Price.” Additional research indicated that this figure is typically provided by data sources as a percentage. The revised form is dated March 2009 and is available on eFannieMae.com. It was also provided to the major form software vendors. Lenders are encouraged to use the updated version immediately; however, it will be required for all one- to four-unit appraisals dated on or after July 1, 2009.

    Use of Supervisory Appraisers

     Announcement 08-30 provides additional policy and guidance on the use of supervisory appraisers when they sign an appraisal report on the left-hand side of the form as the “appraiser.” Fannie Mae is providing the following clarification.

    The Fannie Mae Selling Guide defines the appraiser as “the individual, who personally inspected the property being appraised, inspected the exterior of the comparables, performed the analysis, and prepared and signed the appraisal report as the appraiser.” The Announcement was intended to address instances where a trainee or unlicensed appraiser (who does not sign the report and where it is allowable by state law) completes the inspection, but the supervisory appraiser signs on the left-hand side of the appraisal as the “appraiser,” when they have never inspected the subject property.

    In Announcement 8-30, Fannie Mae was conveying that this practice is unacceptable. Any appraiser signing on the left-hand side as the “Appraiser” must perform the level of inspection required by the assignment.

    This guidance does not require the supervisory appraiser to inspect the subject property in all instances.

    Time Adjustments on the Appraisal Report

    Announcement 08-30 clarified that time adjustments may be either positive or negative. It also stated the adjustments must reflect the difference in market conditions between the date of sale of the comparable and the effective date of the appraisal for the subject property. The term “date of sale” was used in lieu of “contract date.” The correct terminology as stated in the Selling Guide is “contract date.”

    Finger Download FNMA_Announcement_0919


    Key Highlights of Announcement 08-30:

    •  MCA_FormNew Market Condition Addendum form 1004MC

    • Supervisory appraisers must now inspect the subject property

    • Reporting prior sales and listing history

    • Appraising a property on sites over 5 acres

    • Effective age adjustments

    • Cost approach for insurance purposes

    June 06, 2009

    PR: ClickFORMS Prepared for Fannie's New MISMO XML Data Delivery Requirements

    MISMO Beginning March 1, 2010, Fannie Mae will require all appraisal reports to be submitted to them electronically in the MISMO Appraisal XML format (click here). This new guideline is for lenders, the lenders will be requiring appraisers to submit their reports in the MISMO format. Fannie Announcement 09-14 FAQs

    What does this mean for you — the appraiser? It means that if you submit through Lighthouse or AppraisalPort, your reports will be converted twice, with twice the chance for errors. Once when it is converted to either the Lighthouse or AIReady format and then again when it is converted to MISMO XML.

    ClickFORMS has already implemented the MISMO Appraisal XML format, and so has RELS. In fact, they are the only AMC to have do implemented it in the entire country. Because they are so large, this was a major milestone in the industry.

    Any time you submit a report to RELS using the ClickFORMS RELS Connection, you are using the MISMO XML format.

    So what the big deal about the MISMO Appraisal XML format?

    1. MISMO delivers your report exactly as you created it. Your client gets your PDF, not a conversion or translation of it like in AppraisalPort or Lighthouse. No more extra signatures or missing pages or fields from your report.
    2. It's an open standard, so no one company owns it like FNC's AIReady and ACI's Lighthouse. 
    3. RELS has been using it for more than a year, so it's a proven reliable standard with easy scalability.
    4. The rest of the Mortgage Industry has adopted the MISMO standard and become more efficient. The appraisal industry is finally starting to see that porprietary standards are only good for the owners of those standards.

    For more information about MISMO XML technology with ClickFORMS, check out our website at: http://bradfordsoftware.com/mismoxml/ .

    Additional Resource: Paying To Use Your Own Bathroom: AI XML

    May 31, 2009

    Fannie Mae Announcement 09-14 Requires Submission of Electronic Appraisal Reports in MISMO XML Standard

    In Announcement 09-14, New Data Delivery Requirements, Fannie Mae announced changes to the loan delivery file and the Uniform Residential Loan Application (Form 1003) to accommodate new data elements required by the Federal Housing Finance Agency (FHFA).

    Download Fannie Mae Announcement 09-14-Electronic Appraisal Reports

    These changes are intended to result in enhanced identification and accountability of key parties in the mortgage transaction and are another step in Fannie Mae’s ongoing efforts to improve loan quality.

    In the coming months, Fannie Mae will announce a series of other policies intended to improve loan quality, including the implementation of a robust collateral valuation analysis process, enhanced credit policy guidance, improvements to Fannie Mae’s quality control processes, and additional guidance on lender quality control activities.

    In support of the loan quality initiative, this Announcement includes information about the following:

    • Submission of Electronic Appraisal Reports
    • Enhancements to the Loan Delivery File Format
    • Mortgage Fraud Reporting

     Submission of Electronic Appraisal Reports

    Sarah Vetault of Tucson, AZ - www.ComplineGroup.com asked on the WinTOTAL Users Group:

    "I just got this announcement from Fannie Mae requiring submission of electronic appraisal reports in MISMO XML format by 2010.  I wonder what this means from our end.  Is the good old industry standard emailed PDF going bye-bye, forcing us to use slice/dice/rip-the-data portals for mortgage work?  Or will the lenders rip the data themselves out of our pdf files for submission to FNMA?  We are definitely living in interesting times. "

    What are YOUR thoughts?

    May 16, 2009

    Post-HVCC Implementation: Are you still feeling the pressure?

    Pressure House As most of you know by now, the Home Valuation Code of Conduct went into effect on May 1st. Its primary purpose is to insulate the appraiser from outside influences that would apply pressure to the appraiser to inflate values.

    Unfortunately, I have been receiving complaints from our members (ICAP) regarding lenders and AMC’s asking appraisers to reconsider their values. Some of the lenders and AMC’s have even created a form for this purpose. It appears that these forms are being completed by lenders agent or the borrower in most instances. Clearly the borrower is unhappy with the value conclusion and they are looking for a higher value.

    QUESTION: HOW IS THIS NOT PRESSURE

    ANSWER: IT IS!

    The HVCC allows the homeowner to now receive a copy of the appraisal before the closing.  I’m afraid this has added fuel to the fire. In some instances, the homeowner has a legitimate complaint if they feel the appraiser made an error or omission regarding the improvements, but others are going so far as to rewrite the appraiser’s sales comparison analysis to show the appraiser how to get a higher value. Although as appraisers we appreciate all the help we can get when gathering data, this is going a little too far.

    I am also being told that certain AMC's are sending the appraiser a list of sales, calling them comparables, and asking the appraiser to write an explanation as to why they did not use any of these in the appraisal. This list usual shows up after the appraisal has been completed not before, so it is not part of the original scope of work, such as in relocation appraisals.

    I have been corresponding with Fannie Mae regarding some of the new problems that the HVCC has created.I would like to provide them with examples of this latest form of pressure aimed at appraisers. I can only assume that lenders are trying to skirt around the requirements of the HVCC by having their agents or their clients (the borrower) engage the appraiser. In politics this is known as plausible deniability.

    The lender should be filtering this information and determining what should be passed along to the appraiser. Requests to an appraiser for corrections, additional comments, more explanation and additional market data in the form of sales, listings, etc. has always been acceptable practice.

    However, I am concerned about the lender, AMC or homeowner who is sending the appraiser sales data and asking the appraiser to consider using them in the appraisal and if not, provide an explanation as to why the appraiser did not use these sales instead of those reported in the appraisal.

    Finger Please email any value dispute/reconsideration of value forms you have received to tj@tjmccarthy.com  and I will pass them along to Fannie Mae. We need to work together as an industry to stop this before it gets out of hand.

    AUTHOR: TJ McCarthy, SRA - Tim (TJ) McCarthy serves on the Illinois Real Estate Appraisal Board This email was originally sent to members of the Illinois Coalition of Appraisal Professionals – ICAP.

    May 01, 2009

    Update on HVCC's Independent Valuation Protection Institute (IVPI)

    Freddie Mac Update

    We are reminding you that the Home Valuation Code of Conduct (Code) goes into effect today, May 1, 2009, and Freddie Mac will no longer purchase mortgages from Sellers who have not adopted the Code. Additionally, for all mortgages with application dates on or after today you must represent and warrant that all appraisal reports are obtained in a manner consistent with the Code.

    If you have any questions regarding the Code, please submit them through our online form and we will respond as quickly as possible.

    Update on Independent Valuation Protection Institute

    Plans for creating the Independent Valuation Protection Institute (IVPI) are ongoing and we will keep you informed on the timing for its establishment.

    The IVPI will offer, among other services, a telephone and e-mail hotline to receive and process complaints from appraisers, individuals and entities on noncompliance with the Code. Until the IVPI assumes this responsibility, we will provide an interim solution for reporting and registering complaints from individuals and entities. We will provide information on this process in an upcoming announcement. 

    Until the IVPI is established, the provisions regarding it in the Code are not effective.

    Get More Information

     

     

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    April 20, 2009

    NAR Calls for 1-Year Delay on HVCC - Letters to Fannie Mae & Freddie Mac

    HVCC Ban 

    Download Williams Fannie Mae HVCC Delay 04202009

    Download Koskinen Freddie Mac HVCC Delay 04202009

    Attention This is a Call to Action! Please contact your Senators and Representatives TODAY and urge them to STOP or DELAY (for at least 12 months) the implementation of the Home Valuation Code of Conduct ("HVCC") which is de facto regulation, forced on Freddie Mac and Fannie Mae by New York Attorney General Cuomo.  The file below contains a list of key talking points to bring to the attention of your legislators.

    Please contact your legislators today at their in-district offices, as Congress is currently in recess. You can access the contact information for your legislator here. We encourage you to keep trying to contact them if you are not initially successful. It is vital to the overall effectiveness of this call.

    Please forward the Call To Action pdf below to your mortgage broker and appraiser contacts.

    Finger Download CAMB Call To Action

     

    April 15, 2009

    The Appraisal Bubble - In Run Up to Real Estate Bust, Lenders Pushed Appraisers To Inflate Values

    The Center for Public Integrity The Appraisal Bubble, by Joe Eaton - reprinted by permission of The Center for Public Integrity

    In 2004, years before plummeting real estate values turned Fort Myers, Florida, into a top five foreclosure capital, appraiser Mike Tipton faced a dilemma.

    Tipton’s employer, eAppraiseIT, sent him to value a two-bedroom home in a new subdivision built by the developer D.R. Horton. Paperwork given by the appraisal management company to Tipton included a $245,000 estimated value.

    But after inspecting the home and comparing it to five similar houses that had recently sold, Tipton set the value at $237,000, $8,000 less than the estimate. He knew the difference might disappoint DHI Mortgage, the prospective buyer’s lender, which is a subsidiary of developer D.R. Horton. And indeed it did.

    Publici 1 The lender, in a process appraisers say was common in the boom days before the housing bubble burst, asked Tipton to redo the appraisal. It sent paperwork through eAppraiseIT asking him to reconsider the value. It gave him different homes to use for comparisons.

    “If you read between the lines, they wanted a larger value,” Tipton said. “I told them no, I wasn’t changing my report.”

    Tipton, who like many other appraisers is paid by the job, says he was never given another appraisal for a D.R. Horton home. “All I can say is D.R. Horton has remained an active developer in Lee County,” Tipton said. “I didn’t see any further appraisals for DHI Mortgage. So you tell me.”

    Carrie Gaska, a spokeswoman for First American eAppraiseIT, declined to comment on why Tipton received no further orders from the company for DHI Mortgage properties.

    Tipton is among dozens of appraisers who have told the Center for Public Integrity that for years lenders across the United States have pushed them into inflating the value of homes to justify higher mortgages. Appraisers and lenders alike are demanding better oversight of the industry. In addition, the Center has obtained copies of lenders’ “blacklists” containing the names of thousands of appraisers; some appraisers say lenders used those lists to exclude those who refused to inflate home values.

    The Center also found many appraisers who say they bowed to lender pressure to “hit the numbers” in order to remain in business. These appraisers, along with the lenders who pressured them, helped pump air into the housing bubble that led to widespread economic devastation, according to dozens of appraisers, lenders, and others with intimate knowledge of home loan practices.

    And there’s evidence that Fannie Mae and Freddie Mac, the two largest purchasers of home loans, bought mortgages without ensuring they were made with accurate appraisals, according to an investigation by New York Attorney General Andrew Cuomo.

    No one knows exactly how much of a role inflated appraisals played in the mortgage meltdown. But as an increasing number of homeowners face foreclosure, many remain unaware that the appraisal they paid for during the purchase process may not have reflected the true value of their investment, and may have allowed them to borrow more money than their home was worth.

    Depending on the state where the homeowners purchased, the scheme may or may not have been against the law. Pressuring an appraiser to inflate the value of a property is a crime in at least 20 states and the District of Columbia, though it is often a misdemeanor punishable by a fine, a slap on the wrist that appraisers say does little to prevent the exertion of undue pressure.

    Publici 2 “There is rampant corruption throughout the industry,” said George Dodd, a veteran appraiser in Virginia who has been advocating for more regulation. “The way it stands now, the public doesn’t stand a chance.”

    Dodd said, that in addition to the appraisal ordered by the lender, consumers can protect themselves by ordering a second independent appraisal before a purchase. They will, however, still have to pay for the lender’s appraisal.

    Fudging the Numbers

    Richard Frank, an appraiser in Vero Beach, Florida, started appraising homes in 1998, when values were climbing. From the beginning, Frank said he stepped into a business arrangement in which lenders forced appraisers to abandon their standards if they wanted work.

    Frank said lenders commonly gave appraisers an estimated value for a home on each appraisal order. Appraisers, who usually determine values by comparing homes to recent sales of comparable properties, often worked backwards from that estimated price to find recent real estate sales that would “make the value,” he said. Working backwards from the estimate was faster. Everyone made money. And since appraising homes is subjective — both an art and a science — it was easy to fudge numbers.

    “The [supposedly comparable] houses might be bigger and better, but who’s going to know?” Franks said. “In an increasing market, your sins are buried.”

    If an appraisal came in lower than the purchase price, the loan likely would be denied. Since loan origination staff is typically paid by commission, a failed deal meant no paycheck for them. If that happened too many times, Frank says, lenders stopped sending the appraiser work. “Put out, and you will get more dates. It’s just that simple,” he said.

    Richard Bitner, a former subprime lender in Texas who has written an insider account of the mortgage industry collapse, backs up Frank’s story. Bitner says the pressure came more from the cozy relationship between lenders and appraisers than threats.

    “The pressure applied didn’t really need to be overt,” Bitner said. “If suddenly [an appraiser] can’t make the values, at the end of the day, it’s pretty easy to go to someone else. You are here to make money.”

    Appraisers say lenders did just that, sometimes asking appraisers to promise a value before they officially ordered the report.

    Click here to continue reading . . .

    Continue reading "The Appraisal Bubble - In Run Up to Real Estate Bust, Lenders Pushed Appraisers To Inflate Values " »

    April 03, 2009

    Minimizing Risk on the Fannie Mae Form 1004MC Market Conditions Addendum

    Minimizing Risk on the Fannie Mae Form 1004MC Market Conditions Addendum By Peter Christensen

    Bullseye Effective today [4/1/2009], Fannie Mae is requiring the completion of its new Form 1004MC Market Conditions Addendum in connection with all one to four-unit appraisals. Many appraisers have stated serious concerns with respect to the conflicting directions given by Fannie Mae regarding the addendum and the additional strain of the research and analysis -- all in an AMC-dominated environment paying lower fees to appraisers.

    In our position of defending legal claims against appraisers, we are most worried about the potential legal risk to appraisers.

    To minimize such risk, we are suggesting that our insured appraisers first be careful to address any specific concerns they have concerning the market analysis in the bottom explanation section of the addendum. It is always the best practice to accurately communicate specific concerns about data reliability or other matters in the relevant part of the subject report.

    Beyond that basic prudence, we are suggesting that appraisers consider adding the following language or similar language they deem appropriate in the same explanation section:

    Appraiser’s "Inventory Analysis," "Median Sale & List Price, DOM" and other observations in this addendum are based on the data source identified above, which appraiser generally believes to be an acceptable source of market data. However, the appraiser cannot verify all of the information in that data source and cannot guarantee the accuracy of such data or conclusions based thereon. The appraiser also cannot guarantee future market conditions affecting the subject property.

    Because of the recent implementation of this form, we do not know whether lenders will push back or react negatively to including this language in appraisal reports.

    We look forward to feedback from appraisers on this issue.

    Source: Appraisal Legal Defense and Insurance Blog by Peter Christensen and Robert Wiley - Legal issues and insurance matters affecting residential and commercial real estate appraisers


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