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    July 08, 2009

    The Green REEPer - Cap and Trade Bill

    Green Reaper Think your E&O insurance is expensive? Wait till the U.S. Senate passes the "Cap and Trade" (aka Crap and Tax) bill which has already been pushed through the U.S. House of Representatives.

    Can you imagine getting sued by a homeowner because you appraised a house which some bureaucrat determined (after-the-fact) did not meet arbitrary EPA guidelines for "energy efficiency"?

    That's right folks, it's time to learn a new term: REEP - Retrofit for Energy and Environmental Performance.

    Just think: California's repressive environmentalist policies aimed at houses and businesses being implemented all over the country.

    In short - You can't sell your house or business unless it has been properly "retrofitted". i.e. Anything and everything the environmentalist wackos can think up to make your house more "green". The cost to retrofit? Well that's the homeowner's problem.

    Well maybe not just the homeowner's problem. Why? Because homeowners will want to do whatever they can to keep expenses down before they sell. They will cut corners. Someone will sign off that the work has been completed. They will have all the appropriate documents. They will sell the house, and an appraisal will be performed. Then, when the bureaucrats finally come to check up on us, the blame will be spread all around, and the appraisers will not have an easy out. It may be years later, when some "expert" determines the house sold or resold, not having appropriate modifications or credible documentation. Then you get a letter in the mail.

    You will be party to law suits just because you were the appraiser. It does not matter that we are not energy experts. It does not matter that we are not knowledgeable of green retrofitting. It will not matter that some "expert" signed off on the retrofitting as having been completed.

    Is REEP really in the Cap and Trade bill? Yes it is. It was one of those minor details (300+ pages) slipped into the bill at three in the morning (before the vote) so members of Congress would not have time to read them. Those members who asked to read the additions were denied the right to see them before the vote was taken. Denied, and laughed at on the floor of the Congress. So much for "transparency" in the Democrat controlled Congress.

    Is there anything that can be done? We can certainly call and email our U.S. Senators and ask them to oppose the Cap and Trade legislation. Not just for our own sakes. But because the one issue I have mentioned is just the tip of the iceberg in terms of how REEP will further devastate the housing market. And REEP is the only a small portion of the the overall Cap and Trade legislation which most economists predict will devastate the already crippled economy via excessive taxation on energy production and manufacturing.

    Read the article below for details on REEP.

    Democrats’ Cap-and-Trade Bill Creates ‘Retrofit’ Policy for Homes and Businesses

    Scott A. Austin, IFA

    Certified Residential Appraiser

    Birmingham, AL


    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

    New Appraisal System (HVCC) Impacts Consumers

    [The other day Appraisal Scoop posted I'm just an Appraiser. How can I do anything to impact the HVCC? , with permission from Truett D. Neathery, who suggested getting LOCALwith your activism.  I belive the following article provides a good basis for your "Letter to the Editor" or elected official.]

    Activist

    The HVCC or Home Valuation Code of Conduct was recently implemented by Fannie Mae and Freddie Mac as a new system of appraisals in the U.S. Under the rules, many of the appraisals are handled by management companies (some of which are also owned by the lenders themselves). The system is designed to reduce fraud and lower costs with an improved appraisal.

    This new system has numerous flaws and has been widely criticized from both the Appraisal Institute (which represents over 20,000 appraisers nationwide), and the National Association of Realtors.

    Some of the major criticisms include:

    Homeowners don't choose who they want to complete the appraisal of their home or how they calculate the value. The appraisal management companies are actually unregulated and the quality of their appraisals may be inferior to those of an established professional appraiser.

    The costs are actually increased since the appraisal management companies charge extra for their role. Typically, an appraiser charges approximately $325, but when consigned by the management company they only receive about $200. The customer is charged $400 and must pay up front for the appraisal instead of during closing. If the deal doesn't go through, the consumer absorbs the cost and the management company still pockets the extra charge.

    There doesn't seem to be any fee management and the costs for appraisals have increased dramatically. As reported by the National Association of Mortgage Brokers, one lender, EverBank, advertised its fees as follows: $465 for GHA appraisals and $390 for standard single family appraisals. Flat fees in Hawaii are a hefty $700.

    The new system is being extended to FHA mortgages, even though they are not included under the new code of rules.

    This new regulation increases the overall closing time and the waiting time before the customer can receive funds.

    Appraisal portability is also decreased since each lender will require a new appraisal.

    Small business appraisers will be squeezed out even though they may have a better knowledge of the area and may be considerably more qualified than the employees of the designated unregulated appraisal management company. This removes competition and equitable pricing guidelines for the consumer. The larger management companies will distribute orders through a central area which may be located hundreds of miles from the property being appraised. The chances of the consumer of receiving a below standard appraisal by employees who are not familiar with the area are increased.

    The HVCC was never required to pass through the Administrative Procedures Act, the regulatory Flexibility Act or any other procedural filter generally required by a federal agency. There are some that consider the HVCC code invalid and unenforceable due to its failure to comply to the Administrative Procedures Act.

    The Real Estate Settlement Procedures Act (RESPA) regulates the the way lenders and mortgage brokers close a sale and do business. The HVCC is in violation of rules against up-charging and fee-splitting. Every lender could leave themselves open to a possible HUD lawsuit on each loan they issue.

                                                          ####



    Author Resource:  Work with a qualified, dedicated agent for your next Foxhall DC condo purchase. Justin Lee will help you find the perfect home in Washington D.C.

    Article From Real Estate Pro Articles

    June 05, 2009

    I'm just an Appraiser. How can I do anything to impact the HVCC?

    Re-blogged with permission from Truett D. Neathery - Real Estate Appraiser - neatheryt@sbcglobal.net originally posted on the Inland CA Appraisers Forum .

    Redhead-surprised Everyone on this forum [blog] lives where there is a newspaper. Every newspaper has a Real Estate section, as that is where the major part of their revenues come from, now that the Auto section has shrunken to one page. Real Estate sections are hungry for content, as is the regular Letters to the Editor page.   [Click Here for tips on Writing For Real Estate Editors.]

    If everyone here would take a few minutes this weekend to write, by letter or by e-mail, to your local newspaper explaining what the Home Valuation Code of Conduct (HVCC) has done to borrowers, real estate agents, loan agents, insurance agents, home inspection companies, etc., as has been stated here in this forum [blog], we might get some action.

    Yesterday I was confronted by an agent at a large [55 agent] real estate brokerage firm, suggesting it is the appraisal community that is causing increased fees and longer processing times to get their deals closed.

    Maybe a copy of your letter could be sent to the larger real estate agencies, as well, with the suggestion that the agents send letters in too. The agencies could even tout themselves as champions of the consumer again.

    Perhaps some of them could explain to the populace that they are attempting to work down the inventory of bank-owned and short-sale signs in their neighborhoods, but are being thwarted by HVCC.

    You can pick up the name and address of your local newspaper at your local coffee house, there's always one there if you don't care to buy one.

    All effective political action starts at the local level, not in the state capitol or Washington DC.

    AUTHOR:Truett D. Neathery - Real Estate Appraiser - neatheryt@sbcglobal.net originally posted on the Inland CA Appraisers Forum .

    HAVE YOU WRITTEN A LETTER?  LET ME KNOW! - Send a copy of you letter to me at bjdavis@OurAppraisal.com and I'll create a link to it here on Appraisal Scoop.


     

    Appraisers water cooler join today


     

    June 04, 2009

    Feds Propose Nationwide Mortgage Licensing System and Registry Database (S.A.F.E. Act)

    Federal Agencies Propose Rule to Implement S.A.F.E. Act Mortgage Loan Originator Registration Requirement

    WASHINGTON — The Federal financial institution regulatory agencies (the Agencies) are together issuing for public comment proposed rules requiring mortgage loan originators who are employees of Agency-regulated institutions to meet the registration requirements of the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (S.A.F.E. Act).

    The S.A.F.E. Act requires the Agencies to jointly develop and maintain a system for registering residential mortgage loan originators who are employees of Agency-regulated institutions, including national and State banks, savings associations, credit unions, and Farm Credit System institutions, and certain of their subsidiaries.

    These mortgage loan originators must be registered with the Nationwide Mortgage Licensing System and Registry (Registry), a database established by the Conference of State Bank Supervisors (CSBS) and the American Association of Residential Mortgage Regulators to support the licensing of mortgage loan originators by the States.

    Background Check As part of this registration process, mortgage loan originators must furnish to the Registry background information and fingerprints for a background check. The S.A.F.E. Act generally prohibits employees of an Agency-regulated institution from originating residential mortgage loans without first registering with the Registry.

    The proposal, which is being issued jointly by the Office of the Comptroller of the Currency, Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, Office of Thrift Supervision, Farm Credit Administration, and National Credit Union Administration, establishes the registration requirements for mortgage loan originators employed by Agency-regulated institutions as well as requirements for these institutions, including the adoption of policies and procedures to ensure compliance with the S.A.F.E Act and final rule.

    As required by the law, the proposal also requires these mortgage loan originators to obtain a unique identifier through the Registry that will remain with that originator, regardless of changes in employment. When the system is fully operational, consumers will be able to use the unique identifiers to access employment and other background information of registered mortgage loan originators.

    Pursuant to the S.A.F.E. Act, the proposal further requires these mortgage loan originators to provide their unique identifiers to consumers in certain circumstances and Agency-regulated institutions to make them available to consumers.

    Because modification of the Registry to accept Federal registrations involves complex technical issues, the proposed rule provides for a delay in implementation of the registration requirements until 180 days after the Registry becomes operational and available for initial Federal registrations.

    The Federal Register notice and proposed rule are attached. The proposal will soon be published in the Federal Register and the comment period will end 30 days thereafter.

    Source Document:  http://www.occ.treas.gov/ftp/release/2009-58a.pdf  

    OCC News Release: http://www.occ.treas.gov/ftp/release/2009-58.htm

    May 14, 2009

    UPDATE: Illinois Appraisal Bill" HB 1015 - Makes Appraiser Licensing/Certification MANDATORY in Illinois

    Thanks to Scott W. DiBiasio, Manager, State and Industry Affairs, of the Appraisal Institute for this UPDATE on Illinois Appraisal Bill" HB 1015 Passes Unanimously.

    "Thanks for the information on Illinois HB 1015 in Appraisal Scoop. It is something that we have been following very closely. I think you did a nice job summarizing the provisions of HB 1015. However, I think you missed one of the MAJOR components of the legislation…the fact that it makes appraiser licensing/certification MANDATORY in Illinois, rather than voluntary."

    Previously, licensing/certification was only mandatory in connection with federally related transactions. It will now be mandatory for any appraisal service.

    Here is the section from the law that makes this change.

    Old law

    Sec. 5-5. Necessity of license; use of title; exemptions. (a) Beginning July 1, 2002, it is unlawful for a person to act, as a real estate appraiser, to engage in the business of real estate appraisal, to develop a real estate appraisal, to practice as a real estate appraiser, or to advertise or hold himself or herself out to be a real estate appraiser in connection with a federally related transaction without a real estate appraiser license issued under this Act. A person who violates this subsection is guilty of a Class A misdemeanor.

    New law

    Sec. 5-5. Necessity of license; use of title; exemptions.(a) It is unlawful for a person to (i) act, offer services, or advertise services as a State certified general real estate appraiser, State certified residential real estate appraiser, or associate real estate trainee appraiser, (ii) develop a real estate appraisal,(iii) to practice as a real estate appraiser, (iv) advertise or hold himself or herself out to be a real estate appraiser, or (v) solicit clients or enter into an appraisal engagement with clients without a license issued under this Act.  A person who violates this subsection is guilty of a Class A misdemeanor for a first offense and a Class 4 felony for any subsequent offense.

    Scott W. DiBiasio

    Manager, State and Industry Affairs

    Appraisal Institute

    122 C Street, NW, Suite 360

    Washington, D.C. 20001

    T  202-298-5593
    F  202-298-5547
    sdibiasio@appraisalinstitute.org
    www.appraisalinstitute.org

    Illinois "Appraisal Bill" HB 1015 Passes Unanimously

    Group-thumbs-up After three years of trying, it finally took a new Governor and a persistent ICAP to get Appraisal Bill - HB1015 passed. The Bill passed in the Senate yesterday unanimously! It will now go to Governor for signature.

    This is not a new law, but an amendment to the existing law.  Brian Weaver will be covering many of the changes the new law brings to the appraisal industry in Illinois at ICAP's summer seminar.

    You can read the bill as introduced here: http://tinyurl.com/oh9ec4

    The following is a brief Synopsis of some of the changes.

    Synopsis As Introduced Amends the Real Estate Appraiser Licensing Act of 2002.

    • Makes changes throughout the Act that mark the transfer of authority to administer and enforce the Act to the Department of Financial and Professional Regulation (rather than the Office of Banks and Real Estate).
    • Makes appraiser licensing/certification MANDATORY in Illinois, rather than voluntary.  Previously, licensing/certification was only mandatory in connection with federally related transactions.  It will now be mandatory for any appraisal service.
    • Replaces "associate real estate appraiser" with "associate real estate trainee appraiser" throughout the Act.
    • Changes the Real Estate Appraisal Board to the Real Estate Appraisal Administration and Disciplinary Board.
    • Provides that a person who violates certain licensure provisions for a second or any subsequent time is guilty of a Class 4 felony.
    • Sets forth additional education requirements for licensure under the Act.
    • Removes a provision allowing a person who holds a valid license as a licensed real estate appraiser, issued pursuant to a predecessor Act, to convert that license to an associate real estate appraiser license.
    • Removes a provision concerning licensed real estate appraiser's licenses issued pursuant to a predecessor Act and provides that an associate real estate trainee appraiser license may not be renewed more than 2 times.
    • Adds a provision concerning temporary license suspension.
    • Provides that an education provider may use an instructor who is a faculty member in good standing with an accredited college or university or community college or who is an approved appraisal instructor from an appraisal organization that is a member of the Appraisal Foundation. Imposes conditions on any rulemaking authority.
    • Makes other changes.
    • Repeals a Section concerning identifying a client. Effective Immediately

    Source: http://www.ICAPweb.com

    Approved Bill (Mark-up) Download IL Real Estate Appraiser Licensing Act HB1015

     

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    April 21, 2009

    Sen. Charles Schumer Introduces The Fighting Real Estate Fraud Act of 2009

    Criminal_small DA's Don't Have the Resources or Manpower to Fight New Wave of Mortgage Scams Amid Foreclosure Crisis.

    New national legislation would send millions to DA's offices in NY and federally funded (2009 Omnibus Appropriations Act) Mortgage Fraud Units in DA offices across the country

    The creation of Real Estate Fraud Units will employ staffers who will be able to focus exclusively on real estate crimes that plague homeowners and prosecute scammers for their crimes.

    “Housing scams are a nationwide problem and they require a nationwide solution,” Senator Schumer said. “Homeowners in New York and across the country have suffered for too long because of scam artists who feel they can take advantage of people without any repercussions. These fraud units will help protect homeowners from these criminals and ensure that rather than walking away from their crimes, they are prosecuted to the fullest extent of the law.”

    The Fighting Real Estate Fraud Act of 2009 establishes a competitive grant program in the Department of Justice for local District Attorney’s offices to fight real estate fraud. Under this bill, real estate fraud includes crimes involving misrepresentations and forgeries to general applications, tax returns, and financial statements, appraisals and valuations, verifications of deposit and employment, escrow and closing documents, and credit reports.

    The Attorney General is authorized to make grants on a competitive basis through the Bureau of Justice Assistance to DA’s offices to assist them in investigating and prosecuting real estate fraud. The bill authorizes $100 million in grants for FY2010 and each year through FY2013. These grants will be used for hiring specialized staff to offices in need of specialized resources to combat scams.

    Schumer added, “The recent foreclosure and refinancing crisis, following a sharp increase in home values created a perfect storm for these housing scammers to swoop in and fleece homeowners. With this bill, these criminals will be stopped.”

    Source: Senatro Charles E. Schumer Press Release

    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 06, 2009

    Pending Mortgage Reform Bill H.R. 1728 Contains "Property Appraisal Requirement" Provisions

    "The Mortgage Reform and Anti-Predatory Lending Act of 2009 (H.R. 1728) was introduced March 26 by coauthors Rep. Brad Miller (D-N.C.), Rep. Melvin Watt (D-N.C.) and Rep. Barney Frank (D-Mass.), chairman of the House Financial Services Committee. It is expected to move quickly through the House this month and go to the Senate by May. The odds of passage in some form are high, according to banking and housing industry lobbyists." (Kenneth Harvey - LA Times )

    The bill is intended to:

    To amend the Truth in Lending Act to reform consumer mortgage practices and provide accountability for such practices, to provide certain minimum standards for consumer mortgage loans, and for other purposes.

    Click here for the GovTrack Text H.R. 1728

    The bill does contain some provisions that will effect real estate appraisers:

    HR 1728 Appraisal Provisions   

    HR 1728 Sec. 601 Property Appraisal Requirements

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