Appraisals: What You Absolutely Need to Know

This morning, November 12, 2011, along with several other speakers, I will be participating in a panel discussion as part of the National Association of REALTORS Annual Conference and Expo. Given the number of headlines, news stories and blog posts about appraisals in today's market, the topic and title is appropriate: Appraisals: What You Absolutely Need to Know.

If you're here in Anaheim attending the Conference, please stop by. The program starts at 9:00 A.M and runs until 10:30. We'll be in the Anaheim Convention Center, Ballroom A.

They're bound to put a hook on me if I talk too long, but I plan to reference the Continuing Education Course I wrote for the Bert Rodgers School to help folks get a better understanding of the appraisal process. Follow the link to he free pdf of the Bert Rodgers book, and take a look at the course starting on page 79. For you non-appraisers, I hope it helps you understand why things are the way they are. If you have a Florida real estate license, you just might like to use this course for your continuing education.

Note: I do not get a royalty on the number of courses taken; I just believe it might be informative.

How About an NAR Update!

The National Association of REALTORS® met in New Orleans November 3 - 7, 2010 for their Annual Conference and Expo. As an active participant in the NAR Family, the Appraisal Committee met November 5th.

The agenda included reports from the NAR representative to The Appraisal Foundation Advisory Committee, Vic Knight, and an update about The Appraisal Foundation from the NAR representative to Board of Trustees. H.R. 4173, the Dodd-Frank Wall Street Reform and Consumer Protection Act was discussed, along with our participation in the rules-making process. The committee was briefed on the activity of the NAR HVCC Work Group, and the progress of the Realtor's Property Resource (RPR).

The Appraisal Committee learned that Joe Traynor, GAA, a past Chair of the Committee, has been selected as Chairman of The Appraisal Foundation Board of Trustees for 2011. Another past Chair of the Committee, Vic Knight, has been named as the NAR representative to the Board of Trustees. The Chair of The Appraisal Foundation's Appraiser Qualifications Board (AQB) is another past Chair of the NAR Appraisal Committee, Rick Baumgardner. Since one of the 2011 goals is to maintain NAR representation within The Appraisal Foundation, it's nice to see an early fulfillment of that aspiration. All three are good friends, and tolerate my kidding them about going over to the Dark Side.

In addition to the above accomplishments, the Committee discussed the upcoming meeting of the NAR Professional Standards Committee. Back in August, 2010, the Appraisal Committee submitted a letter to the Professional Standard Committee with several suggestions for amendments to the NAR Code of Ethics and Standards of Practice. The recommendations were considered by the Interpretations and Procedures Subcommittee, and their report would be considered by the full committee. Later, it would be considered by the NAR Executive Committee and Board of Directors.

Although not all of the Appraisal Committee recommendations were accepted, two important ones were, and approved by the Board of Directors.

Standard of Practice 3-7 was amended to recognize that appraisers do not typically "represent" a client. Realtor Appraisers, when seeking information about listed property, now must merely disclose the "relationship" with their client to the listing Realtor. Representation of the client is no longer required.

That's nice, but the Board of Directors also approved an amendment to Article 15, and Standard of Practice 15-3. An amendment to an Article of the Code of Ethics must be approved by the NAR Delegate Body. The Delegate Body will consider this amendment in Anaheim, California during their meeting on November 14, 2011. If approved, Article 15 will read:

REALTORS® shall not knowingly or recklessly make false or misleading statements about other real estate professionals, their businesses, or their business practices.

The amendment to Standard of Practice 15-3 will be effective if the change to Article 15 is adopted by the Delegate Body. It will read:

The obligation to refrain from making false of misleading statements about other real estate professionals, their businesses, and their business practices includes the duty to publish a clarification about or to remove statements made by others on electronic media the REALTOR® controls once the REALTOR® knows the statement is false or misleading.

Since many Realtor Appraisers have expressed their concern about the Quadrennial Ethics Training Course, we're in the process assembling a group of folks to make some recommendations for course content. It's unlikely that fulfilling this education requirement will ever be a favorite for appraisers, but we aim to make the content more appropriate for our niche of the real estate profession.

Well, that's part of what the Appraisal Committee has been up to. There's more and more updates to come. There are a few appraisals on my desk to complete.

“That NAR’s Appraisal Committee be asked to provide content applicable to appraisal practice and NAR’s Code of Ethics, and that such content be developed as a separate course or an optional component of the existing Quadrennial Ethics Training Course.”

Rationale: A separate ethics course, or course component, with content applicable to appraisal practice would make the Quadrennial Ethics Training requirement more meaningful to the appraisal practitioners as they satisfy their ethical duties of REALTOR® membership.

There was one additional recommendation considered by the Professional Standards Committee: Currently, the term "competitors" is used in place of "other real estate professionals".

Claims Against Appraisers, the FBI and NAR Conference

It's early Wednesday morning, and I'm clearing up a few things in preparation for a flight across the country to attend the 2009 REALTORS Conference and Expo in San Diego. There was a last minute appraisal inspection today, along with an attempt to put one last assignment out the door. Efforts to clear my desk have kept me from posting, although I did update the H.R. 3044 page with the increased number of cosponsors.

Before heading out, though, I wanted to post links to two interesting posts on the Appraiser Legal Defense and Insurance Blog.

The first, Claims Against Residential Appraisers in 2009, describes the some of the major trends and issues seen in 2009:

1. Overvaluation Claims by Borrowers
2. Undervaluation Claims by Borrowers and Sellers
3. FDIC Claims
4. Claims Involving Trainees and Independent Contractors

There are some interesting observations and some good advice. It's worth a read.

The second post, The FBI is on the Phone for You, is must read. Given the heightened interest in mortgage and valuation related fraud, and the stepped up enforcement efforts of the FBI and other investigative agencies, it's nice to see some advice about what should the good appraiser do when the FBI or any law enforcement officer calls. Appraisal Scoop posted the same story a couple of days ago.

Friday afternoon (Friday the 13th and I'm superstitious), I will be attending the meeting of the NAR Appraisal Committee. Here's what the agenda looks like:

I. Call to Order and Introductions – Penny Triplett

II. Approval of Minutes from Last Meeting – Penny Triplett

III. ReportsAppraisal Foundation Trustee Report – Joe Traynor

NAR Representation on Appraisal Foundation Boards - Penny Triplett

The Appraisal Foundation Advisory Council (TAFAC) – Vic KnightIV.

New Business

A. Tentative: FHFA & Freddie Mac Speaker & FHA Speaker – Thomas Strickland

B. Legislative/Regulatory - Jerry Nagy

1. HVCC

2. HR 1728

3. HR 2336

4. Consumer Protection Finance Agency

5. FHA Appraisal Rules

C. Report of Broker Price Opinions Work Group – Penny Triplett

V. Other Business

A. Update on Appraisal Education Workgroup – Penny Triplett

B. Breaking out Appraiser fees on HUD-1 – Thomas Strickland

C. Next Meeting: NAR MIDYEAR MEETINGS - Washington, DC

VI. Final Comments and Adjournment

Immediately following the meeting the NAR Appraisal Committee will celebrate the anniversary of the RAA/GAA designations.

It's likely there will some discussion of this, as well. It was a surprise to everyone.

More, when I return next week.

REALTOR Mag - The Trouble With the HVCC

Here is the long awaited REALTOR® Magazine article about the Home Valuation Code of Conduct (HVCC), HAVOC. Blanche Evans, Stacy Moncrieff and I spent quite a bit of time discussing the issue, including the initial investigation, the companies under investigation, appraisal practices, appraisal standards, enforcement and the effects of the HAVOC on the appraisal profession and real estate markets. In an effort make sure all points of view were represented, I furnished names and contact information for several parties in favor of the agreement, including several folks involved with Appraisal Management Companies (AMC).

Not only did Blanche and Stacy collaborate to produce a balanced and informative article, the story includes the best HVCC/HAVOC graphic encountered by Appraiser Active. We might just award a gold star or seal for that one.

It's appropriate for the article, "The Trouble With the HVCC" to start with a quip from Jonathan Miller:

"You can't make this up," New York appraiser Jonathan Miller riffed in his entertaining blog, Matrix, back in June.

Miller was recounting the frustration of a real estate salesperson who was trying to refinance her own New York apartment with her current lender. According to Miller's telling, the out-of-town appraiser walked into the apartment, threw his hands in the air, and asked "How am I supposed to appraise this thing?"

Of course, the favorite quote is from yours truly:

"The HVCC sets up AMCs as the guardians of appraiser independence, and isn't it ironic that the investigation that prompted the rules centered on an AMC allegedly manipulating the system to please its customer?"

Later in the article comes this gem:

For the largest lenders, AMCs are simply the way business is done today. "When you're ordering thousands of appraisals every single day, the risk to you is extraordinary," says Jeff Schurman, executive director of the Title/Appraisal Vendor Management Association in Pittsburgh, which represents a variety of settlement service vendors, including large AMCs. "Would it make sense to hand those off to thousands of [independent] appraisers?"

To which Appraiser Active responds: "Yes, it makes sense to "hand off" those to thousands of [independent] appraisers. Unlike Appraisal Management Companies, the appraisers are licensed and certified by an agency of government and subject national standards; recognized by every state and territory of the United States. What appraisal standards must the Appraisal Management Companies follow?" Which agency of government regulates their involvement in brokering valuation services?

There's much more. Read the whole thing right HERE.

UPDATE: Jonathan Miller provides his take on MATRIX.

Florida Association of Realtors Convention

Appraiser Active will be out of the office for the next few days. We're heading to Orlando for the Florida Association of Realtors Annual Convention and Trade Show. FAR committees and councils will be meeting, as will the FAR Board of Directors.

There will be discussion of the Home Valuation Code of Conduct and the effort to introduce and pass legislation to regulate Appraisal Management Companies in Florida.

On Friday, I will be attending the meeting of the Florida Quality Council and making a presentation about the Home Valuation Code of Conduct.

It would be nice to see some of you at either one of the meetings. Make sure you come up to say HI!

Frank

HVCC Explained

Since the beginning of the year Appraiser Active has collected dozens of links to information about the Home Valuation Code of Conduct (HVCC); some of it interesting and informative, much of it otherwise. Given the dire results of the implementation of the HVCC, almost none of the links have led to anything remotely entertaining.

Today, there was a change:

Click to Play Video

Maybe we're just easily amused or suffering from HVCC overload.

The idea is to explain the HVCC to Realtors. To let folks know of some of the effects of the implementation. Most of what they say is accurate, and has been documented HERE over the past few months.

I also meant to post a link to the Jonathan Miller podcast, Home Valuation Code of Conduct: Y2K of Appraising? It turns out that Jonathan is the source of the great quote at the bottom of this post.

Listen to the podcast for some good information and TWO great quotes:

(starting around 13:35)

"We know what they are (AMCs). "they're just robotic entities that crank out documents that have numbers on them".

and this classic

" The quality of their work is just crap."

LISTEN and enjoy (or weep).

They meant for the acronym HVCC to be pronounced "havoc" right?

HVCC - Countdown

Today is April 29, 2009 and we're just two days away from the effective date of the Home Valuation Code of Conduct (HVCC). There are quite few different points of view being expressed by folks about to be affected by the agreement between the Attorney General of New York and the Federal Housing Finance Agency (FHFA), Fannie Mae and Freddie Mac.

The National Association of Mortgage Brokers (NAMB) is not taking the assault lightly and has ramped up their efforts. THIS ACTION ALERT went out to their members recently

Stop the HVCC! We Still Need Your Help! CRITICAL - Take Action Now!
April 24, 2009

Dear NAMB Member:

In addition to what NAMB is doing to save your business, ask yourself, "What can I do to help save it?"

You can pick up the phone and act! It is undeniable that the implementation of the Home Valuation Code of Conduct ("HVCC") will have severe consequences. The deadline is just days away. Regrettably, many of you have not yet contacted your legislators, and time is running out!

THANK YOU to everyone who has contacted their Senator and/or Representatives. You are being heard! NAMB has spoken with several legislators as a result of your calls regarding the HVCC, but we still need your help! Key Republican and Democrat Congressmen have shown their support for NAMB's cause, but we need to keep the momentum going. We can not stop now!

Please contact your Senators and Representatives TODAY, and urge them to stop or delay the implementation of the final rule promulgated by the FHFA, which implements the controversial HVCC. Congressmen Gary Miller (R-CA-42) and Travis Childers (D-MS-1) are taking the lead in this fight. Please ask your legislator to contact their offices today. Every call counts! We are asking you to keep calling until notified otherwise.

FULL TEXT

The National Association of Realtors (NAR) is also seeking a one year delay in the implementation of the agreement. This was sent to their Board of Directors this week, in advance of the May meeting of the Board.

NAR: Delay Cuomo-GSE Appraisal Agreement

The Home Valuation Code of Conduct that Fannie Mae and Freddie Mac agreed to with New York Attorney General Andrew Cuomo should be delayed until May 1, 2010, NAR President Charles McMillan says in letters to the heads of the two secondary mortgage market companies. More guidance is needed, including on enforcement responsibility, and appraisers and others impacted by the changes need time to prepare.

The agreement, approved in December 2008 to reduce the potential for inaccurate appraisals, is expected to have an impact beyond New York state because of the nationwide influence of Fannie and Freddie. For more info contact Jerome Nagy, 202/383-1233.

The Appraisal Institute (AI) does not appear to be fighting the implementation. Instead, their efforts are directed towards preparing their members to compete within the new paradigm, dispelling the myths swirling around the agreement, and educating their membership. Today's Appraisal News Online says:

HVCC Effective Friday; FAQs, Telebriefing, Myths Document among Resources Available

Despite legal maneuvers and rumors of intervention and delay, the Home Valuation Code of Conduct is scheduled for implementation this Friday, May 1, 2009. According to the Code and Fannie Mae and Freddie Mac, mortgage loans originated by lenders from there on out and after must comply with the Code in order to be eligible for sale to the GSEs. Leading up to the implementation date, the Appraisal Institute has drawn appraisers' attention to a variety of resources, including recent FAQs from Fannie and Freddie; a "Myths and Realities" document the organization drafted; and promotion of its May 6 telebriefing on the HVCC with the American Bankers Association.

FULL TEXT

The AI also provides a link to their Home Valuation Code of Conduct - Myths and Realities document HERE.

Appraiser Active has a favorite:

Myth: Use of third party vendors ensures the use of competent appraisers.

Reality: Lenders traditionally have been responsible for ensuring the competency of the appraisers and reliability of the appraisals they use for credit decisions. However, the competency of an appraiser is not measured by scoring compliance with seller servicer guidelines. Processing appraisal orders is a separate function that does not specifically include a review of competency. The function of competency review is best performed by individuals with significant education in appraisal standards and theory.

Further, institutions should consider any potential reductions in quality that might result from outsourcing the appraisal function. To this point, federal bank regulatory agencies recently reminded institutions to consider an appraiser’s competency for any given appraisal assignment.

There's three options for you. Please take one, or ALL, and do something!

They meant for the acronym HVCC to be pronounced "havoc" right?

HVCC Update

Appraiser Active has provided quite a bit of information about the impending May 1, 2009 implementation of the Home Valuation Code of Conduct (HVCC). Most recent was the post describing the NAR effort to urge a one year delay of its effective date.

As of today, there has been no word from Fannie, Freddie or Attorney General Cuomo in response to the NAR letters.

However, we hear there are at least at TWO members of Congress are passing around a letter on the Hill that will also ask for a delay. It sound like NOW would be a good time to contact YOUR member of Congress to ask them to support the delay.

Use this LINK to locate your US Representative and Senators. Use your Zip+4. The contact information for each is provided along with a link to their webpage. At this stage of the game, it's best to a telephone call, fax or email to make your points.

Use whatever you like, the points made the NAR Letters or these suggestions:

• One of the pillars necessary for implementation of the HVCC is the Independent Valuation Protection Institute. Without the IVPI there is no enforcement mechanism, hotline, or means of verifying compliance. Delaying implementation would allow creation of the IVPI or establishing an alternative framework


• Many state legislatures are in the process of enacting laws to regulate Appraisal Management Companies. In other states, the regulatory agencies are in the process of promulgating rules and procedures to deal with Appraisal Management Companies. Delaying implementation would allow these states to finalize their actions


• To this day, the fact that the HVCC resulted from improper influence on appraiser independence by a Federally regulated lender and a rogue Appraisal Management Company cannot be reconciled with the apparent endorsement of unregulated Appraisal Management Companies as the “protector” of appraiser independence by the HVCC. Delay would allow a reconciliation of this glaring conflict. (See Story on New York AG Complaint and link to suit HERE)


• Fannie Mae has adopted policies that protect the brokerage fees from downward negotiation in certain transactions (short sales). Delay of implementation would permit efforts to protect appraiser’s fees from downward negotiation by Appraisal Management Companies. At the very least, it would allow time to arrange for full and transparent disclosure of valuation related fees in closing documents (AMC fee, Appraisal Fee, etc)

They meant for the acronym HVCC to be pronounced "havoc" right?

Florida's Effort to Regulate Appraisal Managment Companies

UPDATE 4-16-2009: It's not looking too good for the effort to regulate Appraisal Management Companies in Florida this year. Neither bill identified as a candidate to attach the AMC Regulation language as an amendment has been heard in committee. At this stage of the session, if a bill has not advanced, it ain't gonna.

Over the next two days several hundred Florida Realtors will visit Tallahassee, the state capital, to meet with our elected representatives. Florida Realtors have a number of legislative priorities, among them, the regulation of Appraisal Management Companies (AMCs).

Although we were able to get quite a bit of support lined up, the drafting of the appropriate bill took a little longer than we expected. Nevertheless, we have the bill ready, an amendment prepared, and bills in the Florida House and Senate identified as ready for amendment. We're not fooling ourselves, however. It will take some incredibly hard work and amazing luck to get this important task completed.

Watch HB 653 and SB 2524 and keep your fingers crossed that the AMC Regulation Amendment is attached and the bills are heard.

Updates will be made to this post as events warrant and time permits.

Thanks, Ken

Although there has been quite a bit of discussion among appraisers and real estate brokers about Broker Price Opinions (BPOs), objective discussion of the difference between real property appraisals and BPOs has been missing from articles directed towards consumers. Count on Ken Harney to take charge and inform the public.

What Might Be Hurting Home Values

By: Kenneth R. Harney

Are low-balled value estimates on short sales and bank-owned foreclosures artificially depressing property values in neighborhoods across the country?

Growing numbers of appraisers and consumer groups think the answer is yes, and are demanding that Congress or state regulators crack down. Their complaints focus on what are called "broker price opinions," or BPOs, which substitute for appraisals.

Unlike standard property valuations performed by licensed appraisers, which can cost hundreds of dollars, BPOs often cost $50 and are performed by real estate agents who may have minimal or no appraisal training and are subject to no regulatory oversight. Real estate agents defend BPOs, arguing that their extensive knowledge of local market trends equips them to render accurate estimates.

FULL STORY

I found this part of the article surprising:

The National Association of Realtors, whose 1.2 million members include many of the agents who prepare BPOs, says it has no policy guidance on the issue, but expects to issue a statement in May. Asked whether the association would at the minimum urge members to adhere to state laws and regulations, a spokesman said "there is no policy" on the issue at present.

My reading and understanding of the National Association of Realtors Code of Ethics reveals Articles and Standards of Practice that provide guidance and obligations to members:

Article 1 - When representing a buyer, seller, landlord, tenant, or other client as an agent, REALTORS® pledge themselves to protect and promote the interests of their client. This obligation to the client is primary, but it does not relieve REALTORS® of their obligation to treat all parties honestly. When serving a buyer, seller, landlord, tenant or other party in a non-agency capacity, REALTORS® remain obligated to treat all parties honestly. (Amended 1/01)

• Standard of Practice 1-3
  REALTORS®, in attempting to secure a listing, shall not deliberately mislead the owner as to market value.


• Standard of Practice 1-14
  Fees for preparing appraisals or other valuations shall not be contingent upon the amount of the appraisal or valuation. (Adopted 1/02)

Article 11 - The services which REALTORS® provide to their clients and customers shall conform to the standards of practice and competence which are reasonably expected in the specific real estate disciplines in which they engage; specifically, residential real estate brokerage, real property management, commercial and industrial real estate brokerage, real estate appraisal, real estate counseling, real estate syndication, real estate auction, and international real estate.

REALTORS® shall not undertake to provide specialized professional services concerning a type of property or service that is outside their field of competence unless they engage the assistance of one who is competent on such types of property or service, or unless the facts are fully disclosed to the client. Any persons engaged to provide such assistance shall be so identified to the client and their contribution to the assignment should be set forth. (Amended 1/95)

• Standard of Practice 11-1
  When REALTORS® prepare opinions of real property value or price, other than in pursuit of a listing or to assist a potential purchaser in formulating a purchase offer, such opinions shall include the following:

1. identification of the subject property


2. date prepared


3. defined value or price


4. limiting conditions, including statements of purpose(s) and intended user(s)


5. any present or contemplated interest, including the possibility of representing the seller/landlord or buyers/tenants


6. basis for the opinion, including applicable market data


7. if the opinion is not an appraisal, a statement to that effect (Amended 1/01)

Florida law specifically allows real estate licensees to prepare appraisals and Broker Price Opinions. However, if a real estate broker prepares an appraisal, it must conform with the Uniform Standards of Professional Appraisal Practice (USPAP).

After reviewing dozens of BPO forms, including those developed by Fannie Mae and Freddie Mac, I've not seen one that would allow a REALTOR to comply with their obligations under the Code of Ethics without significant narrative additions. Also clear is that few of the folks jumping on the BPO Bandwagon recognize their potential for liability when providing valuation services. It's just a matter of time before users of these "valuation products" start to file complaints with local Associations of Realtors and State Regulatory Agencies.

At any rate, this will be discussed by the National Association of Realtors Appraisal Committee, along with the Home Valuation Code of Conduct (HVCC) during their meetings in Washington, D.C. in May. I'm looking forward to NAR publishing some specific guidance for their members.