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Interpreting
               Home Appraisals




Solving the Mystery of the Home Appraisal
            Valuation Process
Agenda:
 Welcome 1:00-1:02 p.m.
Introductions of Speakers 1:02-1:04 p.m.
Webinar Etiquette 1:04-1:08 p.m.
Interpreting Home Appraisals 1:08-1:55 p.m.
     Regulatory Overview (David)
     Appraisal Keys (Liz)
     Talking to the Appraiser (Peter)
Questions and Answers 1:55-2:25 p.m.
Webinar Closure 2:25-2:30 p.m.
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Presenters
                    David Berenbaum serves as National Community Reinvestment Coalition’s
                    Chief Program Officer. David is responsible for implementing NCRC’s
                    legislative, research, compliance, community lending, minority business and
                    civil rights programs.


CONTACT INFORMATION:
David Berenbaum
Chief Program Officer
National Community Reinvestment Center
TEL: (202) 628-8866
EMAIL: dberenbaum@ncrc.org
Presenters
                       Elizabeth Green, Principal Consultant with rel-e-vant Solutions, is a strategist,
                       solutions architect, speaker and valuation advocate. A recognized mortgage
                       technology veteran in software product leadership for solutions in residential
                       property valuation, loan origination, mortgage servicing and secondary
                       marketing, Green is helping to foster a new level of understanding in property
                       valuation and collateral risk assessment through the application of digital
                       intelligence. She is the third term chairperson of the MISMO Property and
                       Valuation Services Workgroup. Follow her on Twitter: @FreshRelevance.
CONTACT INFORMATION:
Elizabeth Green
Principal Consultant
Rel-e-vant
TEL: 888-804-7773
EMAIL: liz@rel-e-vant.com
Presenters
                        With 30 years of experience in real estate appraisals, Pete Vidi is a Certified
                        General Real Estate Appraiser specializing in forensic valuations for litigation
                        support in the Metro Washington DC, Maryland and Virginia areas. Mr. Vidi is
                        also a past President of the National Association of Independent Fee
                        Appraisers (NAFIA).



CONTACT INFORMATION:
Peter R. Vidi
National President
American Guild of Appraisers
Guild 44 OPEIU
TEL: 888-804-7773
EMAIL: liz@rel-e-vant.com
Regulatory Overview

                 David Berenbaum,
                 Chief Program Officer
                               NCRC
The Mission of the National
Community Reinvestment Coalition
To increase fair & equal access to credit, capital, and
banking services/products for low- and moderate-
income communities, because discrimination is
illegal, unjust and detrimental to the economic
growth of underserved communities in the United
States and around the world.
The CFPB and NCRC’s Comments
As it relates to appraisal/valuation issues, the CFPB
proposed several amendments to the Truth In
Lending Act (TILA)-Regulation Z, as well as, the Equal
Credit Opportunity Act (ECOA)-Regulation B. On
October 15, 2012, NCRC submitted comments
addressing the proposed amendments to these
regulations.
The CFPB and NCRC’s Comments
                           TILA-Regulation Z
In our comment, we argued that Congress did not intend that FIRREA Title XI
requirements would only apply to the subset of higher-risk mortgage loans that
are already covered by FIRREA. NCRC specifically called for the prudential
regulators to require full walk-through appraisals by licensed appraisal
professionals for all residential mortgages above $50,000 regardless if they are
originated or insured by the private sector, Fannie Mae and Freddie Mac, or the
Federal Housing Agency.
The CFPB and NCRC’s Comments
                         ECOA-Regulation B
In our comment, we argued that in order to prevent the problems
associated with the use of automated valuation models and creditors
reliability on them, it is essential that creditors disclose all forms of
appraisal and/or valuation at the time the application is received, not later
than the third business day after receiving a consumer’s written
application, to allow consumers to read all information and make
informed decisions relating to one of the biggest financial commitments of
their lifetime.
The CFPB and NCRC’s Comments
 Integrated Mortgage Disclosures under Real Estate Settlement
     Procedures Act (Reg X) and Truth In Lending Act (Reg Z)
On November 6, 2012, NCRC signed on to a comment letter prepared by the
Appraisal Institute, addressing the Integrated Mortgage Disclosures under the
Real Estate Settlement Procedures Act (RESPA)-Regulation X and the Truth In
Lending Act (TILA)-Regulation Z. In their letter, the Appraisal Institute noted
under the proposed rule, disclosure of AMC fees is optional, despite a clear
authorization under the Dodd-Frank Act to require such disclosure. Under the
proposed rule, lenders that do not want to report the fee paid to the AMC could
instruct the settlement agent to bundle the two fees under the Appraisal fees.
Among other things, this is likely to hasten the development of bank-owned or
“captive” AMCs .
The CFPB and NCRC’s Comments
Integrated Mortgage Disclosures under Real Estate Settlement
Procedures Act (Reg X) and Truth In Lending Act (Reg Z)
 The Appraisal Institute argued that the decision to hide or disclose the AMC
 fee should be left to the discretion of a party that may have a vested interest
 in hiding this fee from consumers. The Institute explained that this practice is
 likely to result in inconsistency in disclosure of AMC fees, with some lenders
 listing only an appraisal fee and others listing both an appraisal and an AMC
 fee without any explanation. The overarching concern expressed was that
 the aforementioned practice would confuse consumers, not empower them
 to rational and responsible decisions.

 The Appraisal Institute and NCRC as a sign-on, asked the CFPB to establish
 clear and understandable rules that consumers and others can rely on
 commencing mortgage financing transactions.
NCRC’s Appraisal Recommendations
On June 28, 2012—NCRC testified before the US House of Representatives
Committee on Financial Services, Subcommittee on Insurance, Housing &
Community Opportunity on the subject of Appraisal Oversight: The Regulatory
Impact on Consumers and Businesses

In our testimony, NCRC made ten recommendations aimed to improve the
appraisal industry and help all Americans, particularly low to moderate income
communities, communities of color, and communities impacted by the
foreclosure crisis. These recommendations are as follows:

1. A call for Congress, the prudential regulators, etc. to review and define a more
modern and robust appraisal reporting process and not accept the Uniform
Residential Appraisal Report form by the GSEs

2.Require full appraisals by licensed appraisal professionals for all residential
mortgages above $50,000
NCRC’s Appraisal Recommendations
Recommendations continued:

3.The role and impact of Appraisal Management Companies (AMCs) must be critically reviewed by the
ASC to ensure that they are not negatively affecting appraisal quality

4.Appraisal professionals must be appropriately compensated under any usual and customary fee
standard that is developed

5.The banking regulators, Fannie Mae, Freddie Mac, and the FHA should not escape Appraisal
Subcommittee valuation safety and soundness review and enforcement

6.Automated Valuation Models (AVMs) should never replace the use of an appraisal by a licensed
appraiser for all mortgages that exceed $50,000

7.There is a need for more effective Consumer Protection, Transparency & Education

8.Responsible appraisal practices ensure and expand housing opportunities in an open society

9.Inappropriate appraisal undervaluation is equally damaging to homeowners, communities, the tax
base, investors and insurers

10. States must suspend directing funds intended for appraisal compliance, professional development
and licensing, to their general funds
Appraisal Keys

                       Elizabeth Green,
                      Principal Consultant
                 REL-E-VANT SOLUTIONS
Introduction
Knowledge of the home appraisal process -- and the differing credentials of
those who provide appraisal services -- benefits homebuyers and sellers
alike. This knowledge is a powerful information tool to help them make
wise real estate investment and sales decisions about what is for most
people, their single biggest asset.
The Appraisal
The appraisal process and written reporting formats vary, depending upon
the nature and purpose of the appraisal. But the appraisal’s fundamental
purpose is:
“To establish a well-researched, impartial and carefully documented
estimate of property value at a single point in time, And, in so doing,
protects the interests of buyers, sellers, mortgage lenders and other
involved parties regarding the corresponding event.”
Mortgage Financing/Refinancing and the Appraisal
Homebuyers seeking financing, and homeowners seeking refinancing, are
required by their mortgage lenders to underwrite the cost of an appraisal,
which typically ranges from $200 and $400. The appraisal is the essential
component in determining loan limits for the property in question.
Mortgage lenders typically select appraisers from “approved” lists they
compile and maintain. Consumers are entitled to copies of all valuations
used in conjunction with their loan as mandated by recent legislation.
Roles in the Appraisal Process
     Consumer Responsibilities
      •   Know the approximate value of the home.
      •   If you can afford one, get your own appraisal from a
          state licensed appraiser.
      •   Ask questions. Shop around. Get the best price from
          your agent.
      •   Insist on a home inspection!
      •   Don’t rush into transactions. Don’t sign anything until
          you read and understand it.
      •   Get a copy of all forms associated with the
          transaction.
      •   Understand the meaning of buyer’s agent, seller’s
          agent & dual agent.
      •   Ask how your agent is going to advertise your
          property.
Roles in the Appraisal Process
         Lender Responsibilities
     •    Describes the terms of the loan.
     •    Determines the monthly payments.
     •    Informs you of The Annual Percentage Rate/if it
          changes/balloons/or increases in percentage over a
          period of time.
     •    Describes the different forms involved in the loan
          transaction.
     •    Acknowledges whether the loan will be sold by the
          lending institution or mortgage company who is
          lending and to whom it will be sold.
     •    Utilizes an appraisal to check comparison of the loan
          value and the property value.
Roles in the Appraisal Process
                          Agent Responsibilities

• Provides and explains Agency Disclosure.
• Enters into a Listing Agreement & Negotiates a
  commission.
• Discusses with you how your property will be
  advertised if you are the seller.
• Doesn’t act as a Mortgage Broker. Your agent is
  not responsible for the home inspection.
• Notifies the consumer of known physical defects
  of the property.
Roles in the Appraisal Process
                           Agent Responsibilities

• Your agent is not responsible for finding you the
  best financing.
• Your agent does not ensure that the title search is
  done properly.
• Your agent is not responsible for providing a copy
  of your deed.
Roles in the Appraisal Process
                      Appraiser Responsibilities

• Gathers data on market area, subject property &
  comparable properties in market area.
• Reflects markets perception of value as of the
  appraisal date.
• Examines the separate indications of value.
• Bases comparison of like properties to subject
  property with adjustments made for differences.
• Analyzes evidence & draws conclusions.
• Does not advocate the needs or desires of the
  client or lender.
Roles in the Appraisal Process
                          Appraiser Responsibilities

•   Provides sufficient detail & information to lead
    the reader of the report to a logical conclusion.
•   Reports the highest best use of the property.
    Does NOT take the place of a home inspector.
•   Analyzes all sales of subject property for last 3
    years.
About the Appraisal
The written appraisal contains valuable and often-revealing
information -- including the legal and physical description of the
property, square footage measurements, list of comparable
properties in the neighborhood, a neighborhood description, and a
narrative of current real-estate activity and/or market trends in the
vicinity.
Carefully review the details regarding the size, number of rooms,
features and condition as reported by the appraiser. The appraiser
will check all rooms for obvious damage that could affect the
overall value of the property.
Also review the information presented about the neighborhood as
well as the comparable sales that have been selected by the
appraiser to support his opinion of value.
Details About the Home
The Appraiser will account for permanent features to a home. For
example, in-ground pool, built-in appliances in the kitchen. Anything
removable is not included in the final value. For example: a Jacuzzi tub.

The appraiser will check that heating and air units are present and that
they are in good working condition.

Basements are not included in the square footage for the computation of
Gross Living Area (GLA). But, are considered in the valuation overall. The
appraiser will check the basement for upgrades and finishing which can
increase a property’s value, but it’s never included in the square footage.

Bedroom count is also a big part of the valuation. Appraiser will verify the
number of bedrooms. By definition, a bedroom is a room with at least one
closet and one window.
Checking the Appraisal
Common errors in appraisals include: misuse of adjustments to
comparables, disregarding special financing and concessions, or
miscalculation of gross living area.
Ask yourself:
•Do adjacent homes add or detract from the value of the subject property?
•Is the subject property equal to or lower in price than surrounding homes?
•Does the floor plan have any functional problems?
•Does the house (particularly the kitchen and bathrooms) require major
remodeling to make it comparable with similar homes in the same price
range?
•Is the number of bedrooms and baths in the home comparable to similar
homes in the same price range?
•Did the appraiser perform an adequate review?
Appraisal Facts
Assumption: Market value should approximate replacement cost.
Fact: Market value is based on what a willing buyer likely would pay a willing
seller for a particular property, with neither being under pressure to buy or
sell. Replacement cost is the dollar amount required to reconstruct a property
in-kind.
Assumption: Assessed value should equate to market value.
Fact: While most states support the concept that assessed value approximate
estimated market value, this often is not the case. Examples include when
interior remodeling has occurred and the assessor is unaware of the
improvements, or when properties in the vicinity have not been reassessed for
an extended period.
Assumption: Appraisers use a formula, such as a specific price per square foot,
to figure out the value of a home.
Fact: Appraisers make a detailed analysis of all factors pertaining to the value
of a home including its location, condition, size, proximity to facilities and
recent sale prices of comparable properties in the subject market area.
Appraisal Facts
Assumption: In a robust economy - when the sales prices of homes in a
given area are reported to be rising by a particular percentage - the value of
individual properties in the area can be expected to appreciate by that
same percentage.
Fact: Value appreciation of a specific property must be determined on an
individualized basis, factoring in data on comparable properties and other
relevant considerations. This is true in good times as well as bad.
Appraisal Facts
Assumption: Consumers need not be concerned with what is in the
appraisal document so long as it satisfies the needs of their lending
institution.
Fact: Only if consumers read a copy of their appraisal can they double-
check its accuracy and question the result. Also, it makes a valuable record
for future reference, containing useful and often-revealing information -
including the legal and physical description of the property, square footage
measurements, list of comparable properties in the neighborhood,
neighborhood description and a narrative of current real-estate activity
and/or market trends in the vicinity.
Appraisal Facts
Assumption: An Appraisal is the same as a home inspection.
Fact: An Appraisal does not serve the same purpose as an inspection. The
Appraiser forms an opinion of value in the Appraisal process and resulting
report. A home inspector determines the condition of the home and its
major components and reports these findings.
Assumption: You generally can tell what a property is worth simply by
looking at the outside.
Fact: Property value is determined by a number of factors, including
location, condition, improvements, amenities, and market trends.
Appraisers & Consumers
Appraisers provide an integral service as an unbiased, trusted advisor to the
process. Consumer education and advocacy regarding the appraisal
process has been improved as a result of recent legislation and the advent
of the Consumer Finance Protection Bureau.
The appraisal report is a critical tool to new homeowners to help them
understand their new home and the investment it represents.
How to work with the Professional Appraiser
     “Understanding Real Estate Valuation”

                                       Peter Vidi,
                                National President
                       American Guild of Appraisers
                                  Guild 44 OPEIU
Understanding the Professional Appraiser

• Describe the certification/licensing
  requirements, underwriting guidelines, and
  appraisal laws in the jurisdiction.
Understanding the Professional Appraiser

• Describe the certification/licensing
  requirements, underwriting guidelines, and
  appraisal laws in the jurisdiction.
• Identify appraisal conditions and
  requirements that professional real estate
  appraisers are required to follow.
History of Real Estate Appraising
Prior to 1989 real estate appraisers were unlicensed. For
the most part “designations” were offered by
professional organizations as part of the effort to control
the education and practice.
History of Real Estate Appraising
               Legislation and Regulations
FIRREA enacted mandating that appraisers who perform
valuations for Federally Related Transactions would need to be
licensed
History of Real Estate Appraising
               Legislation and Regulations
FIRREA enacted mandating that appraisers who perform
valuations for Federally Related Transactions would need to be
licensed

USPAP annual guidelines & rules governing the professional real
estate appraiser and the appraisal reports for various
assignments.
History of Real Estate Appraising
               Legislation and Regulations

Subsequent to Congress passing FIRREA regulators
reduced the “deMinimus” threshold to $500,000 to
ultimately $100,000. States were faced with
mandatory vs. voluntary licensing.
History of Real Estate Appraising
               Legislation and Regulations

Subsequent to Congress passing FIRREA regulators
reduced the “deMinimus” threshold to $500,000 to
ultimately $100,000. States were faced with
mandatory vs. voluntary licensing.

Many States and jurisdictions areas are NOT mandatory
states. Appraisers who perform non-FRT assignments
may be exempt.
Licensing of Appraisers
     Appraisal Trainee
Licensing of Appraisers
                Appraisal Trainee

• 75 Hours of Approved Appraisal Education
  including 15 Hours in USPAP
Licensing of Appraisers
                Appraisal Trainee

• 75 Hours of Approved Appraisal Education
  including 15 Hours in USPAP
• Within 4 years must pass test for Licensed or
  Certified Residential Real Property Appraiser
Licensing of Appraisers
                Appraisal Trainee

• 75 Hours of Approved Appraisal Education
  including 15 Hours in USPAP
• Within 4 years must pass test for Licensed or
  Certified Residential Real Property Appraiser
• Under direct supervision of Licensed or
  Certified Real property appraiser
Licensing of Appraisers
                Appraisal Trainee

• 75 Hours of Approved Appraisal Education
  including 15 Hours in USPAP
• Within 4 years must pass test for Licensed or
  Certified Residential Real Property Appraiser
• Under direct supervision of Licensed or
  Certified Real property appraiser
Licensing of Appraisers
Licensed Residential Real Property Appraiser
Licensing of Appraisers
     Licensed Residential Real Property Appraiser

• 150 hours of Approved Appraisal Courses
Licensing of Appraisers
      Licensed Residential Real Property Appraiser

• 150 hours of Approved Appraisal Courses
• 2000 hours of field experience (max 1,000
  hours per year)
Licensing of Appraisers
      Licensed Residential Real Property Appraiser

• 150 hours of Approved Appraisal Courses
• 2000 hours of field experience (max 1,000
  hours per year)
• Pass a Comprehensive Exam
Licensing of Appraisers
Certified Residential Real Estate Appraiser
Licensing of Appraisers
      Certified Residential Real Estate Appraiser

• 175 Hours of Approved Appraisal Courses
Licensing of Appraisers
      Certified Residential Real Estate Appraiser

• 175 Hours of Approved Appraisal Courses
• Minimum Associate degree in approved
  subject matter
Licensing of Appraisers
       Certified Residential Real Estate Appraiser

• 175 Hours of Approved Appraisal Courses
• Minimum Associate degree in approved
  subject matter
• 2000 Hours of Field Experience (max 1,000 hours per
  year)
Licensing of Appraisers
       Certified Residential Real Estate Appraiser

• 175 Hours of Approved Appraisal Courses
• Minimum Associate degree in approved
  subject matter
• 2000 Hours of Field Experience (max 1,000 hours per
  year)
• Pass a Comprehensive Exam
Licensing of Appraisers
Certified General Real Estate Appraiser
Licensing of Appraisers
           Certified General Real Estate Appraiser

• 300 hours of approved appraisal courses
Licensing of Appraisers
          Certified General Real Estate Appraiser

• 300 hours of approved appraisal courses
• Minimum Bachelors in approved subject matter
Licensing of Appraisers
           Certified General Real Estate Appraiser

• 300 hours of approved appraisal courses
• Minimum Bachelors in approved subject matter
• 3000 hours of field experience (max 1,000 hours per
  year)
Licensing of Appraisers
           Certified General Real Estate Appraiser

• 300 hours of approved appraisal courses
• Minimum Bachelors in approved subject matter
• 3000 hours of field experience (max 1,000 hours per
  year)
• Pass a comprehensive exam
Appraisal vs. CMA
They are NOT the same!
Appraisal vs. CMA
              They are NOT the same!
• An appraisal is an estimate of market value as of a
  specific date by a professional real estate appraiser.
Appraisal vs. CMA
              They are NOT the same!
• An appraisal is an estimate of market value as of a
  specific date by a professional real estate appraiser.
• Term “appraisal” is a specific term only used in
  connection with definition of market value.
Appraisal vs. CMA
              They are NOT the same!
• An appraisal is an estimate of market value as of a
  specific date by a professional real estate appraiser.
• Term “appraisal” is a specific term only used in
  connection with definition of market value.
• CMA only for listing/sale purpose
What does this all mean to you and
          the consumer?
• Appraisers have a fiduciary responsibility to the client”
• Appraiser is only an “advocate” for the appraisal report
  and conclusion
• Impartial opinion to protect consumer
• Appraiser is controlled by USPAP
• Term “appraisal” is a specific term only used in
  connection with definition of market value.
Violation of the Law!!!
   Don’t go there!!!
Violation of the Law!!!
            Don’t go there!!!

• Coercion of the appraiser
Violation of the Law!!!
            Don’t go there!!!
• Coercion of the appraiser
• Manipulation of information or report
Violation of the Law!!!
            Don’t go there!!!
• Coercion of the appraiser
• Manipulation of information or report
• Predatory Actions
What can I do…What can’t I do?
   Know the professional boundaries
What can I do…What can’t I do?
          Know the professional boundaries

• Do NOT pressure the appraiser to get a value or to
  misrepresent.
What can I do…What can’t I do?
          Know the professional boundaries

• Do NOT pressure the appraiser to get a value or to
  misrepresent.
• Do encourage the appraiser to act independently.
What can I do…What can’t I do?
           Know the professional boundaries

• Do NOT pressure the appraiser to get a value or to
  misrepresent.
• Do encourage the appraiser to act independently.
• Do assist appraisers in disclosing “material”
  information
Examples of issues with a professional
              appraiser?
• Appraiser calls the client asking for them to provide
  comparables.
• Appraiser uses comparables outside of market to
  “push” or “lower” values
• Appraiser with geographic competency
What should the consumer know?
• Appraiser can be the “gate keeper” on a deal...treat
  them with respect.
• Appraiser can provide invaluable information to assist
  in a decision
• Ask the appraiser questions!!!
What can consumer do if they
              disagree?
• Provide information on new comps
• Provide new perspective about things that appraiser
  may have overlooked
• Get a copy of the appraisal report
Complaints
• Any person may file a complaint against a licensed or
  certified appraiser. Complaints must be filed in
  writing on forms provided by the Commissions.
• Follow the directions of providing the objective
  evidence that can be used by the investigating body.
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TA | Appraisal Webinar 11.15.2012

  • 1. Interpreting Home Appraisals Solving the Mystery of the Home Appraisal Valuation Process
  • 2. Agenda:  Welcome 1:00-1:02 p.m. Introductions of Speakers 1:02-1:04 p.m. Webinar Etiquette 1:04-1:08 p.m. Interpreting Home Appraisals 1:08-1:55 p.m.  Regulatory Overview (David)  Appraisal Keys (Liz)  Talking to the Appraiser (Peter) Questions and Answers 1:55-2:25 p.m. Webinar Closure 2:25-2:30 p.m.
  • 3.
  • 4. ADOBE Connect Please mute your phone by pressing *6 To mute your computer click the green microphone Questions or comments, type them here
  • 5. Presenters David Berenbaum serves as National Community Reinvestment Coalition’s Chief Program Officer. David is responsible for implementing NCRC’s legislative, research, compliance, community lending, minority business and civil rights programs. CONTACT INFORMATION: David Berenbaum Chief Program Officer National Community Reinvestment Center TEL: (202) 628-8866 EMAIL: dberenbaum@ncrc.org
  • 6. Presenters Elizabeth Green, Principal Consultant with rel-e-vant Solutions, is a strategist, solutions architect, speaker and valuation advocate. A recognized mortgage technology veteran in software product leadership for solutions in residential property valuation, loan origination, mortgage servicing and secondary marketing, Green is helping to foster a new level of understanding in property valuation and collateral risk assessment through the application of digital intelligence. She is the third term chairperson of the MISMO Property and Valuation Services Workgroup. Follow her on Twitter: @FreshRelevance. CONTACT INFORMATION: Elizabeth Green Principal Consultant Rel-e-vant TEL: 888-804-7773 EMAIL: liz@rel-e-vant.com
  • 7. Presenters With 30 years of experience in real estate appraisals, Pete Vidi is a Certified General Real Estate Appraiser specializing in forensic valuations for litigation support in the Metro Washington DC, Maryland and Virginia areas. Mr. Vidi is also a past President of the National Association of Independent Fee Appraisers (NAFIA). CONTACT INFORMATION: Peter R. Vidi National President American Guild of Appraisers Guild 44 OPEIU TEL: 888-804-7773 EMAIL: liz@rel-e-vant.com
  • 8. Regulatory Overview David Berenbaum, Chief Program Officer NCRC
  • 9. The Mission of the National Community Reinvestment Coalition To increase fair & equal access to credit, capital, and banking services/products for low- and moderate- income communities, because discrimination is illegal, unjust and detrimental to the economic growth of underserved communities in the United States and around the world.
  • 10. The CFPB and NCRC’s Comments As it relates to appraisal/valuation issues, the CFPB proposed several amendments to the Truth In Lending Act (TILA)-Regulation Z, as well as, the Equal Credit Opportunity Act (ECOA)-Regulation B. On October 15, 2012, NCRC submitted comments addressing the proposed amendments to these regulations.
  • 11. The CFPB and NCRC’s Comments TILA-Regulation Z In our comment, we argued that Congress did not intend that FIRREA Title XI requirements would only apply to the subset of higher-risk mortgage loans that are already covered by FIRREA. NCRC specifically called for the prudential regulators to require full walk-through appraisals by licensed appraisal professionals for all residential mortgages above $50,000 regardless if they are originated or insured by the private sector, Fannie Mae and Freddie Mac, or the Federal Housing Agency.
  • 12. The CFPB and NCRC’s Comments ECOA-Regulation B In our comment, we argued that in order to prevent the problems associated with the use of automated valuation models and creditors reliability on them, it is essential that creditors disclose all forms of appraisal and/or valuation at the time the application is received, not later than the third business day after receiving a consumer’s written application, to allow consumers to read all information and make informed decisions relating to one of the biggest financial commitments of their lifetime.
  • 13. The CFPB and NCRC’s Comments Integrated Mortgage Disclosures under Real Estate Settlement Procedures Act (Reg X) and Truth In Lending Act (Reg Z) On November 6, 2012, NCRC signed on to a comment letter prepared by the Appraisal Institute, addressing the Integrated Mortgage Disclosures under the Real Estate Settlement Procedures Act (RESPA)-Regulation X and the Truth In Lending Act (TILA)-Regulation Z. In their letter, the Appraisal Institute noted under the proposed rule, disclosure of AMC fees is optional, despite a clear authorization under the Dodd-Frank Act to require such disclosure. Under the proposed rule, lenders that do not want to report the fee paid to the AMC could instruct the settlement agent to bundle the two fees under the Appraisal fees. Among other things, this is likely to hasten the development of bank-owned or “captive” AMCs .
  • 14. The CFPB and NCRC’s Comments Integrated Mortgage Disclosures under Real Estate Settlement Procedures Act (Reg X) and Truth In Lending Act (Reg Z) The Appraisal Institute argued that the decision to hide or disclose the AMC fee should be left to the discretion of a party that may have a vested interest in hiding this fee from consumers. The Institute explained that this practice is likely to result in inconsistency in disclosure of AMC fees, with some lenders listing only an appraisal fee and others listing both an appraisal and an AMC fee without any explanation. The overarching concern expressed was that the aforementioned practice would confuse consumers, not empower them to rational and responsible decisions. The Appraisal Institute and NCRC as a sign-on, asked the CFPB to establish clear and understandable rules that consumers and others can rely on commencing mortgage financing transactions.
  • 15. NCRC’s Appraisal Recommendations On June 28, 2012—NCRC testified before the US House of Representatives Committee on Financial Services, Subcommittee on Insurance, Housing & Community Opportunity on the subject of Appraisal Oversight: The Regulatory Impact on Consumers and Businesses In our testimony, NCRC made ten recommendations aimed to improve the appraisal industry and help all Americans, particularly low to moderate income communities, communities of color, and communities impacted by the foreclosure crisis. These recommendations are as follows: 1. A call for Congress, the prudential regulators, etc. to review and define a more modern and robust appraisal reporting process and not accept the Uniform Residential Appraisal Report form by the GSEs 2.Require full appraisals by licensed appraisal professionals for all residential mortgages above $50,000
  • 16. NCRC’s Appraisal Recommendations Recommendations continued: 3.The role and impact of Appraisal Management Companies (AMCs) must be critically reviewed by the ASC to ensure that they are not negatively affecting appraisal quality 4.Appraisal professionals must be appropriately compensated under any usual and customary fee standard that is developed 5.The banking regulators, Fannie Mae, Freddie Mac, and the FHA should not escape Appraisal Subcommittee valuation safety and soundness review and enforcement 6.Automated Valuation Models (AVMs) should never replace the use of an appraisal by a licensed appraiser for all mortgages that exceed $50,000 7.There is a need for more effective Consumer Protection, Transparency & Education 8.Responsible appraisal practices ensure and expand housing opportunities in an open society 9.Inappropriate appraisal undervaluation is equally damaging to homeowners, communities, the tax base, investors and insurers 10. States must suspend directing funds intended for appraisal compliance, professional development and licensing, to their general funds
  • 17. Appraisal Keys Elizabeth Green, Principal Consultant REL-E-VANT SOLUTIONS
  • 18. Introduction Knowledge of the home appraisal process -- and the differing credentials of those who provide appraisal services -- benefits homebuyers and sellers alike. This knowledge is a powerful information tool to help them make wise real estate investment and sales decisions about what is for most people, their single biggest asset.
  • 19. The Appraisal The appraisal process and written reporting formats vary, depending upon the nature and purpose of the appraisal. But the appraisal’s fundamental purpose is: “To establish a well-researched, impartial and carefully documented estimate of property value at a single point in time, And, in so doing, protects the interests of buyers, sellers, mortgage lenders and other involved parties regarding the corresponding event.” Mortgage Financing/Refinancing and the Appraisal Homebuyers seeking financing, and homeowners seeking refinancing, are required by their mortgage lenders to underwrite the cost of an appraisal, which typically ranges from $200 and $400. The appraisal is the essential component in determining loan limits for the property in question. Mortgage lenders typically select appraisers from “approved” lists they compile and maintain. Consumers are entitled to copies of all valuations used in conjunction with their loan as mandated by recent legislation.
  • 20. Roles in the Appraisal Process Consumer Responsibilities • Know the approximate value of the home. • If you can afford one, get your own appraisal from a state licensed appraiser. • Ask questions. Shop around. Get the best price from your agent. • Insist on a home inspection! • Don’t rush into transactions. Don’t sign anything until you read and understand it. • Get a copy of all forms associated with the transaction. • Understand the meaning of buyer’s agent, seller’s agent & dual agent. • Ask how your agent is going to advertise your property.
  • 21. Roles in the Appraisal Process Lender Responsibilities • Describes the terms of the loan. • Determines the monthly payments. • Informs you of The Annual Percentage Rate/if it changes/balloons/or increases in percentage over a period of time. • Describes the different forms involved in the loan transaction. • Acknowledges whether the loan will be sold by the lending institution or mortgage company who is lending and to whom it will be sold. • Utilizes an appraisal to check comparison of the loan value and the property value.
  • 22. Roles in the Appraisal Process Agent Responsibilities • Provides and explains Agency Disclosure. • Enters into a Listing Agreement & Negotiates a commission. • Discusses with you how your property will be advertised if you are the seller. • Doesn’t act as a Mortgage Broker. Your agent is not responsible for the home inspection. • Notifies the consumer of known physical defects of the property.
  • 23. Roles in the Appraisal Process Agent Responsibilities • Your agent is not responsible for finding you the best financing. • Your agent does not ensure that the title search is done properly. • Your agent is not responsible for providing a copy of your deed.
  • 24. Roles in the Appraisal Process Appraiser Responsibilities • Gathers data on market area, subject property & comparable properties in market area. • Reflects markets perception of value as of the appraisal date. • Examines the separate indications of value. • Bases comparison of like properties to subject property with adjustments made for differences. • Analyzes evidence & draws conclusions. • Does not advocate the needs or desires of the client or lender.
  • 25. Roles in the Appraisal Process Appraiser Responsibilities • Provides sufficient detail & information to lead the reader of the report to a logical conclusion. • Reports the highest best use of the property. Does NOT take the place of a home inspector. • Analyzes all sales of subject property for last 3 years.
  • 26. About the Appraisal The written appraisal contains valuable and often-revealing information -- including the legal and physical description of the property, square footage measurements, list of comparable properties in the neighborhood, a neighborhood description, and a narrative of current real-estate activity and/or market trends in the vicinity. Carefully review the details regarding the size, number of rooms, features and condition as reported by the appraiser. The appraiser will check all rooms for obvious damage that could affect the overall value of the property. Also review the information presented about the neighborhood as well as the comparable sales that have been selected by the appraiser to support his opinion of value.
  • 27. Details About the Home The Appraiser will account for permanent features to a home. For example, in-ground pool, built-in appliances in the kitchen. Anything removable is not included in the final value. For example: a Jacuzzi tub. The appraiser will check that heating and air units are present and that they are in good working condition. Basements are not included in the square footage for the computation of Gross Living Area (GLA). But, are considered in the valuation overall. The appraiser will check the basement for upgrades and finishing which can increase a property’s value, but it’s never included in the square footage. Bedroom count is also a big part of the valuation. Appraiser will verify the number of bedrooms. By definition, a bedroom is a room with at least one closet and one window.
  • 28. Checking the Appraisal Common errors in appraisals include: misuse of adjustments to comparables, disregarding special financing and concessions, or miscalculation of gross living area. Ask yourself: •Do adjacent homes add or detract from the value of the subject property? •Is the subject property equal to or lower in price than surrounding homes? •Does the floor plan have any functional problems? •Does the house (particularly the kitchen and bathrooms) require major remodeling to make it comparable with similar homes in the same price range? •Is the number of bedrooms and baths in the home comparable to similar homes in the same price range? •Did the appraiser perform an adequate review?
  • 29. Appraisal Facts Assumption: Market value should approximate replacement cost. Fact: Market value is based on what a willing buyer likely would pay a willing seller for a particular property, with neither being under pressure to buy or sell. Replacement cost is the dollar amount required to reconstruct a property in-kind. Assumption: Assessed value should equate to market value. Fact: While most states support the concept that assessed value approximate estimated market value, this often is not the case. Examples include when interior remodeling has occurred and the assessor is unaware of the improvements, or when properties in the vicinity have not been reassessed for an extended period. Assumption: Appraisers use a formula, such as a specific price per square foot, to figure out the value of a home. Fact: Appraisers make a detailed analysis of all factors pertaining to the value of a home including its location, condition, size, proximity to facilities and recent sale prices of comparable properties in the subject market area.
  • 30. Appraisal Facts Assumption: In a robust economy - when the sales prices of homes in a given area are reported to be rising by a particular percentage - the value of individual properties in the area can be expected to appreciate by that same percentage. Fact: Value appreciation of a specific property must be determined on an individualized basis, factoring in data on comparable properties and other relevant considerations. This is true in good times as well as bad.
  • 31. Appraisal Facts Assumption: Consumers need not be concerned with what is in the appraisal document so long as it satisfies the needs of their lending institution. Fact: Only if consumers read a copy of their appraisal can they double- check its accuracy and question the result. Also, it makes a valuable record for future reference, containing useful and often-revealing information - including the legal and physical description of the property, square footage measurements, list of comparable properties in the neighborhood, neighborhood description and a narrative of current real-estate activity and/or market trends in the vicinity.
  • 32. Appraisal Facts Assumption: An Appraisal is the same as a home inspection. Fact: An Appraisal does not serve the same purpose as an inspection. The Appraiser forms an opinion of value in the Appraisal process and resulting report. A home inspector determines the condition of the home and its major components and reports these findings. Assumption: You generally can tell what a property is worth simply by looking at the outside. Fact: Property value is determined by a number of factors, including location, condition, improvements, amenities, and market trends.
  • 33. Appraisers & Consumers Appraisers provide an integral service as an unbiased, trusted advisor to the process. Consumer education and advocacy regarding the appraisal process has been improved as a result of recent legislation and the advent of the Consumer Finance Protection Bureau. The appraisal report is a critical tool to new homeowners to help them understand their new home and the investment it represents.
  • 34. How to work with the Professional Appraiser “Understanding Real Estate Valuation” Peter Vidi, National President American Guild of Appraisers Guild 44 OPEIU
  • 35. Understanding the Professional Appraiser • Describe the certification/licensing requirements, underwriting guidelines, and appraisal laws in the jurisdiction.
  • 36. Understanding the Professional Appraiser • Describe the certification/licensing requirements, underwriting guidelines, and appraisal laws in the jurisdiction. • Identify appraisal conditions and requirements that professional real estate appraisers are required to follow.
  • 37. History of Real Estate Appraising Prior to 1989 real estate appraisers were unlicensed. For the most part “designations” were offered by professional organizations as part of the effort to control the education and practice.
  • 38. History of Real Estate Appraising Legislation and Regulations FIRREA enacted mandating that appraisers who perform valuations for Federally Related Transactions would need to be licensed
  • 39. History of Real Estate Appraising Legislation and Regulations FIRREA enacted mandating that appraisers who perform valuations for Federally Related Transactions would need to be licensed USPAP annual guidelines & rules governing the professional real estate appraiser and the appraisal reports for various assignments.
  • 40. History of Real Estate Appraising Legislation and Regulations Subsequent to Congress passing FIRREA regulators reduced the “deMinimus” threshold to $500,000 to ultimately $100,000. States were faced with mandatory vs. voluntary licensing.
  • 41. History of Real Estate Appraising Legislation and Regulations Subsequent to Congress passing FIRREA regulators reduced the “deMinimus” threshold to $500,000 to ultimately $100,000. States were faced with mandatory vs. voluntary licensing. Many States and jurisdictions areas are NOT mandatory states. Appraisers who perform non-FRT assignments may be exempt.
  • 42. Licensing of Appraisers Appraisal Trainee
  • 43. Licensing of Appraisers Appraisal Trainee • 75 Hours of Approved Appraisal Education including 15 Hours in USPAP
  • 44. Licensing of Appraisers Appraisal Trainee • 75 Hours of Approved Appraisal Education including 15 Hours in USPAP • Within 4 years must pass test for Licensed or Certified Residential Real Property Appraiser
  • 45. Licensing of Appraisers Appraisal Trainee • 75 Hours of Approved Appraisal Education including 15 Hours in USPAP • Within 4 years must pass test for Licensed or Certified Residential Real Property Appraiser • Under direct supervision of Licensed or Certified Real property appraiser
  • 46. Licensing of Appraisers Appraisal Trainee • 75 Hours of Approved Appraisal Education including 15 Hours in USPAP • Within 4 years must pass test for Licensed or Certified Residential Real Property Appraiser • Under direct supervision of Licensed or Certified Real property appraiser
  • 47. Licensing of Appraisers Licensed Residential Real Property Appraiser
  • 48. Licensing of Appraisers Licensed Residential Real Property Appraiser • 150 hours of Approved Appraisal Courses
  • 49. Licensing of Appraisers Licensed Residential Real Property Appraiser • 150 hours of Approved Appraisal Courses • 2000 hours of field experience (max 1,000 hours per year)
  • 50. Licensing of Appraisers Licensed Residential Real Property Appraiser • 150 hours of Approved Appraisal Courses • 2000 hours of field experience (max 1,000 hours per year) • Pass a Comprehensive Exam
  • 51. Licensing of Appraisers Certified Residential Real Estate Appraiser
  • 52. Licensing of Appraisers Certified Residential Real Estate Appraiser • 175 Hours of Approved Appraisal Courses
  • 53. Licensing of Appraisers Certified Residential Real Estate Appraiser • 175 Hours of Approved Appraisal Courses • Minimum Associate degree in approved subject matter
  • 54. Licensing of Appraisers Certified Residential Real Estate Appraiser • 175 Hours of Approved Appraisal Courses • Minimum Associate degree in approved subject matter • 2000 Hours of Field Experience (max 1,000 hours per year)
  • 55. Licensing of Appraisers Certified Residential Real Estate Appraiser • 175 Hours of Approved Appraisal Courses • Minimum Associate degree in approved subject matter • 2000 Hours of Field Experience (max 1,000 hours per year) • Pass a Comprehensive Exam
  • 56. Licensing of Appraisers Certified General Real Estate Appraiser
  • 57. Licensing of Appraisers Certified General Real Estate Appraiser • 300 hours of approved appraisal courses
  • 58. Licensing of Appraisers Certified General Real Estate Appraiser • 300 hours of approved appraisal courses • Minimum Bachelors in approved subject matter
  • 59. Licensing of Appraisers Certified General Real Estate Appraiser • 300 hours of approved appraisal courses • Minimum Bachelors in approved subject matter • 3000 hours of field experience (max 1,000 hours per year)
  • 60. Licensing of Appraisers Certified General Real Estate Appraiser • 300 hours of approved appraisal courses • Minimum Bachelors in approved subject matter • 3000 hours of field experience (max 1,000 hours per year) • Pass a comprehensive exam
  • 61. Appraisal vs. CMA They are NOT the same!
  • 62. Appraisal vs. CMA They are NOT the same! • An appraisal is an estimate of market value as of a specific date by a professional real estate appraiser.
  • 63. Appraisal vs. CMA They are NOT the same! • An appraisal is an estimate of market value as of a specific date by a professional real estate appraiser. • Term “appraisal” is a specific term only used in connection with definition of market value.
  • 64. Appraisal vs. CMA They are NOT the same! • An appraisal is an estimate of market value as of a specific date by a professional real estate appraiser. • Term “appraisal” is a specific term only used in connection with definition of market value. • CMA only for listing/sale purpose
  • 65. What does this all mean to you and the consumer? • Appraisers have a fiduciary responsibility to the client” • Appraiser is only an “advocate” for the appraisal report and conclusion • Impartial opinion to protect consumer • Appraiser is controlled by USPAP • Term “appraisal” is a specific term only used in connection with definition of market value.
  • 66. Violation of the Law!!! Don’t go there!!!
  • 67. Violation of the Law!!! Don’t go there!!! • Coercion of the appraiser
  • 68. Violation of the Law!!! Don’t go there!!! • Coercion of the appraiser • Manipulation of information or report
  • 69. Violation of the Law!!! Don’t go there!!! • Coercion of the appraiser • Manipulation of information or report • Predatory Actions
  • 70. What can I do…What can’t I do? Know the professional boundaries
  • 71. What can I do…What can’t I do? Know the professional boundaries • Do NOT pressure the appraiser to get a value or to misrepresent.
  • 72. What can I do…What can’t I do? Know the professional boundaries • Do NOT pressure the appraiser to get a value or to misrepresent. • Do encourage the appraiser to act independently.
  • 73. What can I do…What can’t I do? Know the professional boundaries • Do NOT pressure the appraiser to get a value or to misrepresent. • Do encourage the appraiser to act independently. • Do assist appraisers in disclosing “material” information
  • 74. Examples of issues with a professional appraiser? • Appraiser calls the client asking for them to provide comparables. • Appraiser uses comparables outside of market to “push” or “lower” values • Appraiser with geographic competency
  • 75. What should the consumer know? • Appraiser can be the “gate keeper” on a deal...treat them with respect. • Appraiser can provide invaluable information to assist in a decision • Ask the appraiser questions!!!
  • 76. What can consumer do if they disagree? • Provide information on new comps • Provide new perspective about things that appraiser may have overlooked • Get a copy of the appraisal report
  • 77. Complaints • Any person may file a complaint against a licensed or certified appraiser. Complaints must be filed in writing on forms provided by the Commissions. • Follow the directions of providing the objective evidence that can be used by the investigating body.