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.

Valuation Review - 2013 Voice of the Appraiser Survey

Just in case you missed it, use this LINK to download a pdf copy of the Valuation Review - 2013 Voice of the Appraiser Survey.

There is much to see, but this stands out:

"As an appraiser, how would you rate the typical appraisal fee you are paid?

• 8.6% - Unlivable
• 53.8% - Low
• 12.1% - Above Average
• 25.5% - Customary and Reasonable

Feel free to comment and let me and others know what you think.

Fannie - Freddie UAD Update

In an August 27, 2013 release, Fannie Mae and Freddie Mac notify mortgage sellers, services, originators, and appraisers of impending changes to the Uniform Mortgage Data Program.

Fannie Mae and Freddie Mac (the GSEs) will continue to convert several of the current Uniform Appraisal Dataset (UAD) compliance warning edits to fatal UAD edits in the Uniform Collateral Data Portal® (UCDP®). Phase one was implemented on June 22, 2013. The second phase will be implemented in early 2014, with warning edits for the following data fields converting to fatal UAD edits:

• Quality of Construction Rating (subject and comparables)

• Location Rating (subject and comparables)

• View Rating (subject and comparables)

• Condition Rating (subject and comparables)

Each of the data fields above has associated UAD edits that will be returned in the UCDP if the data provided is incomplete or the format is invalid as defined in the Fannie Mae and Freddie Mac UAD Technical Specifications. When these warning edits are converted to fatal UAD edits, if one or more of these edits is issued it will result in Hard Stop 401 (UAD Compliance Check Failure) and a “Not Successful” status will be issued in the UCDP. If the lender or appraisal vendor receives a “Not Successful” status in the UCDP, the lender or vendor must resubmit a corrected appraisal with the required data in the correct format to ensure a “Successful” status. If the UCDP issues a “Not Successful” status for an appraisal, the loan will not be eligible for delivery to either GSE.

The full release is available at the link above or after the jump. For those of you involved in mortgage lending appraisal assignments, make sure you do not miss this paragraph:

As communicated in the January UAD update, the GSEs intend to discontinue accepting appraisals in PDF and other alternative appraisal formats, and to accept only the MISMO file format in the UCDP. Our goal is to retire UCDP acceptance of the ACI XML and AIReady formats, and the PDF extraction services in 2014. We will provide at least six months’ notice of the retirement date once it has been determined. We continue to work closely with lenders and vendors using these formats to ensure a smooth migration path.

My condolences to everyone required to deal with this mess. Full release after the jump.

CLICK to Read More

Standards of Practice for Appraisal Management Companies - Florida Rule

The regulation of Appraisal Management Companies became law in Florida July 1, 2011. There were efforts to delay implementation of the law, and additional amendments enacted in 2012 clarified a few points and definitions related to Appraisal Management Companies. The most important 2012 amendments covered Discipline of Appraisal Management Companies. Those became law October 1, 2012.

Shortly after October 1, 2012, the Florida Real Estate Appraisal Board started drafting a rule to implement the new amendments. The effort was spearheaded by FREAB member Mike Rogers. The meetings, attended by individuals representing appraisers and appraisal management companies, were often contentious. Although there was give and take, the appraiser members of FREAB stood fast, and some important provisions were included in the new rule, 61J1-9.002 - Standards of practice for Appraisal Management Companies; Development and Communication of Real Estate Appraisals.

There are over 180 AMCs registered in Florida. The rule is effective June 26, 2013. The full text of the rule is at the link above, and after the jump in this post. Here are a few highlights:

(1) Upon issuance of a registration number by the Department, an appraisal management company shall disclose its issued registration number on each solicitation for engagement and each engagement letter utilized in assigning an appraisal request for real estate appraisal assignments in Florida.

(3) Before or at the time an appraiser accepts an assignment, the appraisal management company shall require the appraiser to declare in writing or via electronic means that the appraiser receiving the assignment is a competent appraiser for the performance of the appraisal being assigned.

(4) An appraisal management company must include instructions to appraisers in letters of engagement to decline the assignment in the event the appraiser is not geographically competent or the assignment falls outside the appraiser’s scope of practice restrictions.

(5) An appraisal management company cannot:

 (a) Require that an appraiser prepare an appraisal if the appraiser, in the appraiser’s own independent professional judgment believes that she or he does not have the necessary expertise for the assignment or for the specific geographic area and has notified the appraisal management company and declined the assignment;

(b) Require that an appraiser prepare an appraisal within a time frame that the appraiser, in the appraiser’s own professional judgment believes does not afford he or she the ability to meet all the relevant legal and professional obligations, and the appraiser has notified the appraisal management company and declined the assignment; or

(c) Require that an appraiser provide the appraisal management company with the appraiser’s digital signature or seal.

(9) Each solicitation for engagement by an appraisal management company for an appraiser’s services must include the following items:

 (a) The name of the AMC; (b) Appraisal management company’s registration number; (c) If the assignment is retrospective the effective date must be provided; (d) The specific intended use; (e) Type of value; (f) A description of the reporting level expected; (g) The identification of the subject to include the property address, county, property type and property rights as requested by the client; (h) Point of contact for discussion of conditions and scope of work; (i) Other assignment conditions; (j) The expected delivery date; and (k) The terms of payment to the appraiser unless otherwise in a contract.

Full text after the jump.

CLICK to Read More

Florida Governor Scott Signs Two Appraisal Related Bills

Within the past ten days, Florida Governor Rick Scott inked his name to two appraisal related bills.

One June 7, 2013, CS/CS/HB 667 was signed into law. The bill amends Chapter 475 Part I and Part II. Of course, the amendments to Chapter 475, Part II affect Florida Real Estate Appraisers. The first change removes Licensed Appraisers from those permitted to supervise Registered Trainee Appraisers. The other significant amendments to the real estate appraiser licensing and certification law recognizes the new Real Property Appraiser Qualification Criteria adopted by the Appraiser Qualifications Board December 11, 2011. Education requirements have been enhanced, and the Florida background check information for new applicants has been modified to comply with the AQB "way". The enrolled version of the bill is at this LINK.

CS/SB 1398 was approved by the Governor June 14, 2013. This bill amends Chapter 475 Part II to authorize the Florida Real Estate Appraisal board to approve qualifying education courses completed by applicants for registration as a trainee or certification as a residential appraiser or general appraiser to be completed through distance learning. This is a major change for Florida. Although the FREAB accepts continuing education completed through distance learning, prior to this amendment, all qualifying education had to be accomplished in a classroom setting. It will take a while for the FREAB to adopt the rules to implement this amendment, and for schools to obtain the required approval for courses, but appraisers seeking qualifying education will soon have an option to the traditional classroom setting. The enrolled version of the bill is at this LINK.

Florida Appraisers - Rule Amendment: Supervision and Training or Trainee Appraisers

For the past several meetings the Florida Real Estate Appraisal Board has been discussing amendments to rules, and language for new rules to implement the sections of Chapter 475, Part II relating to Appraisal Management Companies. The AMC rules are still in the works, but the FREAB has finalized their language for 61J1-4.010 Supervision and Training of Registered Trainee Appraisers. The new language has an effective date of June 3, 2013.

Some of the changes are significant, and Florida Appraisers involved in the supervision of Registered Trainee Appraisers should be aware of some new responsibilities.

1. Licensed Appraisers are no longer permitted to supervise Registered Trainee Appraisers. Only Certified Residential Appraisers and Certified General Appraisers may supervise.
2. Supervisory Appraisers must accept "full and complete" responsibility for "any research, data collection, development, analysis, or communication of any appraisal review or the appraisal report by signing and certifying the report is in compliance with USPAP."
3. The Supervisory Appraiser must personally inspect each appraised property with the trainee "for a minimum of the first twelve months of the registered trainee's initial registration, and thereafter" until the trainee is competent in accordance with the Competency Rule of USPAP.
4. A Registered Trainee Appraiser "may not sign an appraisal certification within the first twelve months of his or her registration as a trainee appraiser."
5. A Supervisory Appraiser must included the following statement in any report in which the registered trainee appraiser contributed to the development of the appraisal or the writing of the appraisal report:

I, the supervisory appraiser of a registered appraiser trainee who contributed to the development or communication of this appraisal, hereby accepts full and complete responsibility for any work performed by the registered appraise trainee named in this report as if it were my own work.

Many Supervisory Appraisers must make some drastic changes to their practice to assure compliance with the requirements of the rule. At the very least, each and every appraisal completed with the assistance of a Registered Trainee Appraiser must have the paragraph above to acknowledge responsibility for the work of the trainee.

By all means, take the time necessary to read, understand, and implement the rule.

Full version at this LINK.