According to the Featured Alert on the Appraisal Institute's website:
. . . several proposal have been introduced to make reforms to the mortgage industry. One bill in particular contains a provision that could potentially put thousands of appraisers out of work and add significantly to the cost of operating an appraisal business. S. 2452, the Homeownership Preservation and Protection Act, would require residential real estate appraisers to carry a bond.
According to estimates provided to the Appraisal Institute from leading insurance providers, the bonding provision in S. 2452 would result in $10,000 to $40,000 in annual out-of-pocket expenses per appraiser.
Additionally, S. 2452 establishes that appraisers owe homebuyers a duty of good faith and fair dealing, which would expose appraisers to lawsuits. The appraisal profession must unite to prevent these provisions from being enacted into law! ... Download s2452.pdf
Read below for the section of S. 2452 that the AI's Featured Alert is referencing . . .
TITLE IV--GOOD FAITH AND FAIR DEALING IN APPRAISALS
SEC. 401. DUTIES OF APPRAISERS.
The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended by inserting after section 129B, as`SEC. 129C. DUTIES OF APPRAISERS. added by this Act, the following new section:
`(a) Definitions- In this section, the following definitions shall apply:
`(1) APPRAISER- The term `appraiser' means a person who--
`(A) is certified or licensed by the State in which the property to be appraised is located; and
`(B) performs each appraisal in conformity with the Uniform Standards of Professional Appraisal Practice and title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, and the regulations prescribed under such title, as in effect on the date of the appraisal.
`(2) QUALIFYING BOND- The term `qualifying bond' means a bond equal to not less than 1 percent of the aggregate value of all homes appraised by an appraiser of real property in connection with a home mortgage loan in the calendar year preceding the date of the transaction, with respect to which--
`(A) the bond shall inure first to the benefit of the homeowners who have claims against the appraiser under this title or any other applicable provision of law, and second to the benefit of originating creditors that complied with their duty of good faith and fair dealing in accordance with this title; and
`(B) any assignee or subsequent transferee or trustee shall be a beneficiary of the bond, only if the originating creditor qualified for such treatment.
`(b) Standard of Care- Each appraiser shall, in addition to the duties imposed by otherwise applicable provisions of Federal or State law, with respect to each home mortgage loan in which the appraiser is involved--
`(1) act with reasonable skill, care, diligence, and in accordance with the highest standards; and
`(2) act in good faith and with fair dealing in any transaction, practice, or course of business associated with the transaction.
`(c) Duties of Appraisers-
`(1) OBJECTIVE APPRAISALS- All appraisals carried out by an appraiser shall be accurate and reasonable. An appraiser shall have no direct or indirect interest in the property to be appraised, the real estate transaction prompting such appraisal, or the home loan involved in such transaction.
`(2) BOND REQUIREMENT- No appraiser may charge, seek, or receive compensation for an appraisal unless the appraisal is covered by a qualifying bond.
`(3) NO TARGET VALUES- No lender or loan servicer may, with respect to a home mortgage loan, in any way--
`(A) seek to influence an appraiser or otherwise to encourage a targeted value in order to facilitate the making or pricing of the home mortgage loan; or
`(B) select an appraiser on the basis of an expectation that such appraiser would provide a targeted value in order to facilitate the making or pricing of the home mortgage loan.
`(4) PROHIBITION ON CERTAIN DISCLOSURES- Neither the appraisal order nor any other communication in any form by an appraiser may include the requested loan amount or any estimate of value for the property to serve as collateral, either express or implied.
`(d) Appraisal Report- In any case in which an appraisal is performed in connection with a home mortgage loan, the lender or loan servicer shall provide a copy of the appraisal report to an applicant for a home mortgage loan, whether credit is granted, denied, or the application was withdrawn. The first copy of this report shall be provided to the applicant without charge.
`(e) Remedies- In addition to other remedies, in any action for a violation of this section, the following shall apply:
`(1) REQUIRED MODIFICATION- If a retrospective appraisal determines that the appraisal upon which the home loan was based exceeded the true market value by 10 percent or more, the holder of the loan shall modify the loan and recast the loan ab initio to a loan amount that is at the same loan-to-value which the original loan purported to be. All payments made prior to the recasting of such loan shall be applied to the reduced loan amount.
`(2) AGENCY ABILITY TO MODIFY TRUE VALUE TOLERANCE LEVEL- If a consumer has a right of action or a defense against the holder of the home loan when the appraisal upon which the home loan was based exceeds the true market value of the home by 10 percent or more, the regulatory agency which oversees appraisers in the jurisdiction in which the collateral is located has the authority to issue rules which permit the 10 percent tolerance level established in this paragraph to deviate by no more than 2 percent where local conditions warrant.
`(3) COLLECTION FROM APPRAISER'S QUALIFYING BOND- A consumer awarded remedies pursuant to this section shall have the right to collect such remedies from the appraiser's qualifying bond.
The Appraisal Institute requests all members to immediately contact their Senators in support of H.R. 3915, in addition to speaking out against the appraiser bonding requirement found in S. 2452.
CLICK HERE to add your comments on the WashingtonWatch.com blog's for the S. 2452, The Home Ownership Preservation and Protection Act of 2007
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