Archive for February, 2010

PART II: How HVCC (Home Valuation Code of Conduct) is Affecting Quality Real Estate Appraisers

Sunday, February 21st, 2010

As part 2 in this 3 part series about how HVCC is effecting the real estate appraisal industry, we’re going to delve into two more myths surrounding this legislation: The Appraiser Rotation and How Using and AMC Does Not Reduce Lender Risk

THE APPRAISER ROTATION

Another myth is that lenders need a list of appraisal firms that they actively use in order to be HVCC compliant. In actuality, HVCC does NOT require an appraiser rotation. Whether or not management believes it is in the lender’s best interest to have multiple appraisal sources, it is not a requirement of HVCC. In fact, as long as the lender is in compliance with Section IV.B of the code, they can even continue to use an in-house appraiser, as long as the code is followed in every other instance.

USING AN AMC DOES NOT REDUCE LENDER RISK

According to federal banking guidelines, “Increased risk most often arises from poor planning, oversight and control on the part of the bank and inferior performance or service on the part of the third party, and may result in legal costs or loss of business. To control these risks, management and the board must exercise appropriate due diligence prior to entering the third-party relationship and effective oversight and controls afterward.”

How does this pertain to ordering appraisals? In layman’s terms, lenders must make sure that they take the proper steps to make sure that
A) They trust their vendors (like appraisal companies)
B) They have a firewall in place that eliminates the possibility of collusion between the vendor and the decision maker (lender).

That “firewall” is just that… a buffer between the appraiser and the lender.  There are several ways in which lender sellers can create this buffer internally without outsourcing the function to a third party (such as an Appraisal Management Company), as long as they maintain that separation. To achieve compliance the appraisal function must only report to an individual or department outside of loan production. Some examples of eligible individuals within the institution include:

1)      the credit department (most common)
2)      the compliance office
3)      the chief executive office

In next week’s post, I’ll wrap up the series and explain how we can improve our profession by helping to educate the public on these and other myths regarding the HVCC.

How HVCC (Home Valuation Code of Conduct) is Affecting Quality Real Estate Appraisers

Saturday, February 13th, 2010

It is now a fact that the HVCC that went into effect on May 1, 2009 has changed how lenders and real estate appraisers communicate with regard to single family home loans. Although there are new rules regulating how real estate appraisals are obtained for single family homes, doing business with a time-tested, modern appraisal firm like Allied Appraisal remains in everyone’s best interest. In the first installment of a 3 part series, we will go into how AMC’s (Appraisal Management Companies) have affected the real estate  landscape (not just in Massachusetts, but across the country).

THE APPRAISAL MANAGEMENT COMPANY (AMC)

With the implementation of the new regulations, a new money-making scheme called the “Appraisal Management Company”, or “AMC” began to increase in popularity. The basic premise is this: Preying on the unsuspecting lender, an AMC claims to “provide a firewall between the lender and the appraiser”. They use scare tactics such as “non-compliance with HVCC” if one continues to directly communicate with the appraisers one has been doing business with for years. In order to gain such business, they lower the fee to the appraiser actually doing the work, and increase the fee that they charge the lender (which the lender then passes on to their customer). This takes money out of the pocket of the independent fee appraiser as well as the lender’s customer, while attracting only the appraisers (usually trainees or newly licensed appraisers) that will work for such a low amount. Furthermore, the lender may actually be violating the code without even knowing it by utilizing an AMC, as the code clearly states that the appraiser must be “geographically competent” to appraise a given property. Many times, the only appraisers that will work for the small fees AMC’s provide are driving 100 miles each way just to reach the property. In the end, more inferior appraisals are hitting the street, good appraisers are forced out of the market, and your customers are paying more!

In conclusion, under the Code, lenders are not required to use an AMC. In our opinion, The AMC will fade as quickly as they appeared, and time-tested, experienced appraisal firms will remain. The truth is larger firms such as Allied Appraisal of Worcester, MA meet HVCC with flying colors, and provide lenders and their customers with the quality that has made us a leader in the industry for over 30 years.