Tips in the Mailbox

Over the weekend, along with a stack of the regular mix of bills, political advertisements, and solicitations for contributions, I found the Second Edition, Spring, 2016, APPRAISALBUZZ Magazine.

Quite a mix of articles, some written by folks I've met and know, as several by folks I know from other forums and events. It's different, and worth a read.

The purpose of this post is  to add one additional suggestion to the article authored by yours truly "Litigate This, Five Things to Think About Before Taking the Plunge". As noted in the piece, the list is not exhaustive, and many more points could be added, but I was on a work count limit.

Here's the addition. When working on the terms of your engagement, make sure to negotiate a records retention agreement. The closing orders for some cases require all parties to return or destroy their records related to the case. Of course, this will cause an appraiser trouble with the Uniform Standards of Professional Appraisal Practice, and in some instances, their state law. Make sure the terms of your engagement allow retention of records in such as way to permit you to comply with the Record Keeping Rule, and your state law.

Remembering Jon, Six Years Later

Note: In honor of my nephew, Jon, this a repeat of a post from March 15, 2010. We think of you every day.

It's a sad day in the Appraiser Active family. My nephew, Jonathan Porto, a Marine, was killed yesterday in a non-combat accident in Afghanistan, near Marjah. My sister, Rachel, his mother, Jon's wife, Rachel Jewell Porto, and their two month old daughter, Ariana, could use your prayers. Jon was 26.




The Hillsborough County Sheriff's Office provided an escort for the motorcade from MacDill Air Force Base to St. Petersburg. The Tampa Bay Community showed their respect for Cpl Jonathan Porto.

Still Kicking

Believe it or not, I'm still kicking. There is much to come in the Appraisal World for the New Year. In the meantime......

Home Valuation Code of Conduct?

Since it has been so long since the last post, I should have been able to come up with something more more applicable to the current state of the appraisal profession, but this is in interesting piece. The Research Department of the Federal Reserve Bank of Philadelphia published this nifty little study of the impact on the Home Valuation Code of Conduct (HVCC) on Appraisal and Mortgage Outcomes.

According to the study, despite all the claims by Fannie and Freddie, touting the benefits, research of the effects since implementation is nearly non-existent. The authors claim this study is the first empirical examination of the impact of the first major appraisal rule, the now sunset, Home Valuation Code of Conduct. It measure the share of "low" appraisals (as compared to the purchase price) from the first quarter of 2006 through the third quarter of 2012. There is also a chart on page 23 of the study showing the distribution of high and low appraisals pre- and post-HVCC. The study defines Significantly High Appraisals as those 5% of more above the contract price, and Significantly Low Appraisals as one which is at least 5% below the contract price.

One aspect of appraisals NOT examined pre- and post-HVCC, is appraisal quality.

The Study is at THIS LINK on the Philadelphia Fed site, and just below. Here is one of the graphs.

The Impact of the Home Valuation Code of Conduct on Appraisals and Mortgage Outcomes

Appraisal Subcommittee for Development of Regulations

The Appraisal Subcommittee Advisory Committee for the Development of Regulations will hold its next meeting on July 22-23, 2014 at the Embassy Suites Hotel, 1900 Diagonal Road, Alexandria, VA 22314.  

The Meeting will start at 9:00 a.m. and end at 5:00 p.m. on both days. The Meeting Notice will be published in the Federal Register at least 15 days prior to the Meeting.  The first Meeting was held on April 16-17, 2014 in Washington, DC.  The October Meeting will be held on October 15-16, 2014 in Washington, DC (location to be determined) and the January 2015 Meeting dates and location are to be determined. 

Here is the Agenda for the meeting.

Minutes of the April 16 - 17, 2014 meeting are here.

The meetings are open to the public. With a new laptop and a twitter account, I'll make an attempt to provide some updated.

See You in Washington, D.C. - April 16 - 17, 2014

Tucked into page 816 of the Dodd-Frank Act is a little noticed amendment to the Financial Institutions Reform Recovery and Enforcement Act of 1989.

(d) REGULATIONS.—Section 1106 of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3335)
is amended—
(1) by inserting ‘‘prescribe regulations in accordance with
chapter 5 of title 5, United States Code (commonly referred
to as the Administrative Procedures Act) after notice and opportunity
for comment,’’ after ‘‘hold hearings’’; and
(2) at the end by inserting ‘‘Any regulations prescribed
by the Appraisal Subcommittee shall (unless otherwise provided
in this title) be limited to the following functions: temporary
practice, national registry, information sharing, and enforcement.
For purposes of prescribing regulations, the Appraisal
Subcommittee shall establish an advisory committee of industry
participants, including appraisers, lenders, consumer advocates,
real estate agents, and government agencies, and hold meetings
as necessary to support the development of regulations.’’.

Just short of four years after the Dodd-Frank Act became law, the Appraisal Subcommittee has created the Appraisal Subcommittee for Development of Regulations. Members have been appointed by the ASC Chairman, Arthur Lindo. Imagine my surprise to find the letter below in my email. We have our first meeting April 16 - 17, 2014 in Washington, D.C. Details at this LINK.

Francois Gregoire - Appointment Letter by Frank Gregoire

UPDATE - Minimum Requirements for Appraisal Management Companies - Rule in the Works

UPDATE! 03/24/2014- Link to proposed rule is available at the end of this post.

During their regular monthly board meeting on March 20, 2014 the National Credit Union Administration proposed an interagency rule to implement minimum requirements for state oversight of appraisal management companies. Six other federal agencies are expected to join in support of the proposal. These include the Federal Reserve, CFPB, Treasury Department, FDIC; Federal Housing Finance Agency and Office of the Comptroller of the Currency.

The text of the proposed rule will not be available until all the agencies approve the language, but the NCUA Board Action Memorandum states:

The minimum requirements in the proposed rule would apply to States that elect to establish an appraiser certifying and licensing agency with the authority to register and supervise AMCs (participating States). Under the proposed rule, participating States would have to require that AMCs: (1) register in the State and be subject to its supervision; (2) use only State-certified or licensed appraisers are used for Federally related transactions (real estate-related financial transactions overseen by a Federal financial institution regulatory agency that require appraiser services); (3) require that appraisals comply with the Uniform Standards of Professional Appraisal Practice; (4) ensure selection of a competent and independent appraiser; and (5)establish and comply with processes and controls reasonably designed to ensure that appraisals comply with the appraisal independence standards in the Truth in Lending Act.

The proposed rule would direct AMCs that are subsidiaries of banks and regulated by a Federal financial institution regulatory agency to meet the same minimum requirements, although such AMCs would not be required to register with a State.

We'll keep our eyes open, and post the proposed rule as soon as we see it published.

UPDATE! The proposed Interagency Rule is available at THIS LINK.

Remembering Jon

In honor of my nephew, Jon, this a repeat of a post from March 15, 2010. We think of you every day.

It's a sad day in the Appraiser Active family. My nephew, Jonathan Porto, a Marine, was killed yesterday in a non-combat accident in Afghanistan, near Marjah. My sister, Rachel, his mother, Jon's wife, Rachel Jewell Porto, and their two month old daughter, Ariana, could use your prayers. Jon was 26.




The Hillsborough County Sheriff's Office provided an escort for the motorcade from MacDill Air Force Base to St. Petersburg. The Tampa Bay Community showed their respect for Cpl Jonathan Porto.

FDIC and LSI Appraisal, LLC Settle

The start of 2014 has been very interesting for Appraiser Active. The assignments are challenging and interesting, The opportunity to work with some awesome appraisers from around the country has been a real treat. Unfortunately, the nature of the assignments, and time demanded by them has kept me from this page.

My blogging time is still very limited, and protective orders keep me from posting quite a bit, but many readers will be interested in the pdf at this link.

Here is a preview. Draw your own conclusions.

MERRY CHRISTMAS

Yes, I know it looks like I've forgotten you all, and this blog. Nothing could be more distant from the truth. Business has been overwhelming, and the nature of the business (litigation) limits the subject matter appropriate to discuss.

When that settles down a bit, I'll have much to say.

In the meantime, all the best to you for a great Holiday Season.