The Vendor Voice Post has been delayed this week and with good reason. The seriousness of the topic as it pertains to all of us in the appraisal business and more so as coming from an appraisal management company. This post has been worked with great care and with huge consideration before its actual posting.
This week the news steaming from the Attorney General of New York, Andrew Cuomo launching law suits two Wednesdays ago against eAppraisit and their parent company First American, did a fine job of hitting the main press boards. Even a couple of real estate blogs picked up on the item including the Matrix and Appraisal Scoop.
Table Talk With Apella is one of the main voice platforms for Apella Real Estate Business Solutions. Apella is an Appraisal Management Company and can be viewed as a competitor to eAppraiseit who is one of the parties named in the law suit. Granted while Apella is quite smaller to the likes of 180 million in gross revues volume It is not the intentions of this post to comment on eAppraiseit, its parent company or any part that they may have had in the Attorney General's claims.
Due to the current news items and events Apella does feel that a few items should be addressed in regards to Appraisal Management Companies or at least this one, Apella, on a public format. I or Apella can not deny the harm that the press coverage and claims have done to our part of the industry and the industry as a whole. At best we do offer some items for review and support the notion that perhaps the current developments will stress the need to address the appraiser pressure problem.
Much time has gone into compiling the following list of news and blog items for the readers to review and compile their own views. The list is being provided in efforts to communicate and educate the readers and to get them as current on the subject as possible.
Forbes.com - Associated Press Sector Snap: National Banks
Bakersfield Bubble Bakersfield's Official Real Estate And Economic Site - The whole system is corrupt
ABC News The Blotter - N.Y. Attorney General: Leading Bank Profits at Homeowners' Expense
New York Post - Mortgage-scam Suit Tars Big Bank WAMU
NY Daily News.com Daily News - Appraisal firm faces charge on inflating homes value
theithacajournal .com - Help urged for N.Y. residents facing foreclosure
KCBS All News 740 AM - CA Attorney General Investigating Mortgage Companies
The Business Review - Real estate appraisal company eAppraiseIT sued by N.Y.
The Stree.com - Friday's Financial Winners & Losers
SF Gate.com - California appraisers say they're pushed to inflate home prices
news day.com - Cuomo: E-mails tell tale of collusion
DS news.com - Updated: NY Attorney General Sues First American, eAppraiseIT Subsidiary
CNN Money.com - WaMu suspends eAppraiseIT relationship
Forbes .com - AFX News Limited WaMu suspends relationship w/ First American unit eAppraiseIT following NY suit
The Seattle Times - WaMu accused of pushing appraisers to inflate values
Builder Online - New York Attorney General Files Suit Against eAppraiseIT
LawyersandSettlements .com - WaMu Inflated Valuations Hurt Consumers
CNN Money.com - Law Firm: Washington Mutual Faces Purported Class Action Suit
Forbes .com - Associated Press Ahead of the Bell: Washington Mutual
Bloomberg .com - Cuomo Widens Investigation to Fannie Mae, Freddie Mac (Update 3)
Forbes .com - AFX News Limited WaMu says it will continue to investigate N.Y. Attorney General claims
The Street.com - Regulator Questions Cuomo Suit
Mercury News.com The Mercury News - Harney: Appraisers take heat for role in housing crisis
Welt Online - Hagens Berman Sobol Shapiro Announces Class Action Lawsuit Against Washington Mutual
LawyersandSettlements .com - WaMu: Shares Drop, Pressure Mounts Over Alleged Wrongdoing
The New York Times - New York Widens Inquiry on Mortgages
Mortgage News Daily - OFHEO Director Weighs In On Cuomo Probe
As mentioned above the current events do not put the appraisal industry or Appraisal Management Companies in a favorable light. I as many of my peers take our industry very serious and at the same time no one in the appraisal industry can deny that appraiser pressure is not a part of our business. To deny such a claim is beyond logic or respect.
For many of us and for a very long time appraisers have worked to counter such pressure to meet property values or conditions. For the most part those claims have gone unanswered by the government and lending industries. The Appraisal Institute holds much information on the subject and their multitude of attempts to have appraiser pressure addressed. Like wise the Soapbox Blog a sister site to the Matrix has raised this concern for years. It can only be said that it is sad that it takes an approaching 2 million foreclosures on top of an already existing 2 million foreclosures before action is taken.
As sad as it is... it is the case... and is life.
The best all and any of us can do now is work to fix the issues and to put into place safe guards ensuring that history does not repeat itself in the real estate industries and markets.
Just as underwriters, appraisers are policing elements in the lending process. Appraisal Management Companies are in fact there to support the cause and to counter the pressure issue. As a third party buffer that holds the job of marketing and process management as well as invoicing. Should the claims be true then it will no doubt show a clear breakdown in the system and a violation of what we as those policing elements stand for. This is a clear concern for me and Apella... a serious concern not to be taken lightly in the areas of industry trust and goodwill.
It should be noted that I have had experience with the above mentioned companies however have not been involved with them as of sometime or at least as of mid-2005 via previous companies. Upon the creation of more predominate and/or more pressing operations for Apella and as it is not in the nature of AMCs to issue work to other AMCs, relations were cut long before the time noted that the Attorney General claims stem from. Apella does not have nor has it had any business relationship with any of the noted.
It should be as well noted that at the same time I am not one to turn my back on my industry and therefore am open to offering what help I may should there be a need. Apella, while it would be a challenge of some substance, has the resources to step up and be of assistance in a process and/or appraisal product review stance.
However it may be a better place for Apella to offer what we can to the appraisal industry in image damage control. Cover up and denial are not an option but education and communication is. Apella is the only Appraisal Management Company that does marketing on a regular basis to real estate sales professionals and homeowners as well Apella may be the only AMC to have an active Internet presents via a blog.
Apella markets to real estate professionals and homeowners. There were many reasons for our moving in that direction when most AMCs do work for lenders only. One of those reasons being the lack of pressure, another reason, the opportunity to educate the general consumer/public about the appraisal industry. It seems to have been a wise decision.
Furthermore I am, as many appraisers, committed to rejecting work in the event of lender pressure. It is simple in that if enough appraisers do not bend to pressure then the client base will become educated that this "pressure" is not a business option. The down side is that there are those that will give in and/or provide predetermined values/conditions and we must all work together to counter those that seek to harm our industries.
While I am not naive to the fact that appraisals for clients is where appraisers make their living and that turning down business is a direct effect on revenues, I can not stress the importance of appraisers making a stand regardless of the loss. Even though it is difficult to take the loss I do not see any other option should they hold a concern for their license and industry at this time. For the most part there are no true or strong laws working for the protection of the appraiser.
Apella seeks a client base that prefers to do business with businesses that are ethical, honest and professional. Apella will continue to provide superior customer service and resources to the best of the company's ability to that customer base.
While the current events may raise doubt, Apella does encourage lenders to step up and put in place the use of AMCs (complete with policy and procedures) to counter any possible pressure issues with in their operations. The lending industry must put into practice items that counter these kinds of offences even if it means retiring the commission based incomes. Should the lending industries put a foot forward and show that they will not tolerate appraiser pressure much good is but only to follow.
Apella strives to work closely with our Vendors. This has been clearly stated on our web site, blog and over the phone when addressing items with current and new vendors. It is fact that when I or Apella state that we will not pressure the appraiser... just as it is fact that we will turn down work from those who insist on such tactics. It is vital for our own good and that of the industry that Apella is planning to be a part of for quite some time now to come. The appraisal industry is one that Apella is proud to be a part of and the commitment to improve it stands.
Support for this claim can be found on our Lender page on the Apella web site were Appraisal Foundation issued Advisory Opinion AO-19 is stated.
The Appraisal Foundation has issued an Advisory Opinion AO-19. It States:
The Uniform Standards of Professional Appraisal Practice is explicit about such matters. Accepting an appraisal assignment under such a condition violates the CONDUCT section of the ETHICS RULE in USPAP, which states:
An appraiser must perform assignments ethically and competently, in accordance with USPAP and any supplemental standards applicable to the assignment. An appraiser must not engage in criminal conduct. An appraiser must perform assignments with impartiality, objectivity, and independence, and without accommodation of personal interests.
An appraiser must not accept an assignment that includes the reporting of predetermined opinions and conclusions.
Furthermore we have made great strides in ensuring proper pay, education and support. Apella has done this by offering higher splits, real estate appraisal education at a savings as provided by McKissock Real Estate & Appraisal School and the providing of tools/links via our web site to vendors. Apella can not state how important our vendor base is to us and our desire to provide for them. Apella will continue to do its best to support the vendor.
It is clear that when an Appraisal Management Company submits to lender or client pressure that Appraisal Management Company submits its vendors to risk and harm. I can not think of any appraiser that would want to do business with a company that may pose harm to them and their business and/or industry.
The recent news items join reports of some AMCs selling information as gathered by appraisers and their appraisal reports and the suits by eAppraiseit as filed against appraisers for web site postings.
Apella holds the strictest policy that appraisal information will not be altered, disclosed or sold. Apella requires our vendors to submit all appraisals with a tracking number and in a PDF format for security purposes.
PDFs will not be opened or altered nor will public record sections of the report be sold to AVMs or others. All changes to any appraisal will be done by the appraiser only and all changes are documented as to when and why. Apella clearly discloses this to the client/customer even if it means costing us business. We take this stance to clearly protect the appraiser, real estate industries, consumer and because it is law.
Furthermore Apella respects the right to free speech and accepts our exposure to the consumer. It is this that serves as a non forgiving reminder that we must always strive to do what is right and ethical. Rather it is wished or not the consumer will voice their views. Apella accepts the fact that some of our counterparts in the industry yet need to learn this lesson.
It should be clear from this post that for those of us in the appraisal industry that it is not "business as usual". Nor can we expect it to be for some time now.
Apella is currently looking into items that may be done by appraisers to deal with the current developments and events. Communications will be relayed to our vendors as needed. As appraisers in the industry should you have any comments or questions you are encouraged to contact Apella or do so on this blog.
For additional industry links please feel free to visit our Resource Page on the Apella web site.
As far as industry improvements those in the regulatory fields or government are free to contact Apella in relation to views and ideas for improvements and measures. It has been attempted by me and my peers to communicate these items in the past to governmental bodies with little acceptance or response. Things are now to a level of new acceptance or should be for those in the regulatory fields and/or government. I can not think of what more it will take for you to be interested in what we in the appraisal industry may have to offer and contribute.
This issue is sure to continue and Table Talk With Apella will do its part to keep its readers, clients and vendors aware.
Until the next post, thank you for reading and valued support.