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Can I quote you on that, AMC? HVCC take heed....

By
Real Estate Appraiser with Estimation Nation Corporation

 

Every time I get an order from an Appraisal Management Group I'm reminded of the HVCC's proposal to make AMCs the go-betweens for lenders and appraisers.  The idea behind this is to reduce lender pressure and coercion in finance transactions.  Pardon my military, but Whisky Tango Foxtrot?

 I'd like to share some excerpts that come straight from the mouths (er, emails) of AMCs :

  •  "Please advise if the borrower's estimated appears to be unobtainable prior to scheduling." [Hmmm... shouldn't you just say ‘comp search'?]
  • "Please remove the supplemental addendum from the report." [Thank you for saying please...  NO.]
  • "For future reference, we need to have the reports without invoice" [I'm not sure I feel comfortable with that.]
  • "PLEASE COMMENT IN REPORT, "Appraiser is completing the cost approach section solely upon the request of the client. The cost approach figure was based upon inspection of public records and, as such, the comparison approach would be considered the more reliable value."  [Please don't put canned statements in my mouth]
  • "you are allowed to make changes and consider information after the effective date of the report." [why bother with a comment here?]
  • "comments found on the supplemental addendum noting revision requests should be kept separate from the report." [but then how will the reader know why changes have been made?]
  • "Per ERC Guidelines, this adjustment is always to be a lump sum adjustment" [this would be your client's guidelines, not ‘ERC Guidelines]
  • "If we can not get a hold of your office to confirm that the inspection has taken place we will be faxing out new forms titled 'STATUS UPDATE REQUEST FORM'. These must be filled out and faxed back" [Now there's a time saver]
  • "I am in the middle of a mess right now." [you and me both, sister]
  • "ABC Company is the client in this case and you can answer them directly." [Ummm... no, YOU are my client and I cannot correspond with them at all]
  • "One of my coworkers is able to remove the pages" [Wha wha what??? Note to self, always number pages!]
  • "We reassigned it to another appraiser. " [Could it have been my attitude or requirements for living wage fees?]
  • "We are anticipating a significant increase in business due to the 2009 Legislation" [ARrrrgGGGhhh!!!]

But wait, there's more!  In general I have experienced a higher communication breakdown with AMCs over lenders, more (yes, I said MORE) pressure, status calls from multiple AMC employees (who don't check their emails?...  because that is where I send status info), general real estate knowledge barriers and for all this... a smaller pay check.

 Now... is it really a stellar idea to call AMCs the ethical answer?

 I can't predict the future, but I bet the industry is going to lose some darn good appraisers if this is their only option for finance and refinance appraisals.

Sara Goodwin
Estimation Nation Corporation - Portland, OR
Portland, Oregon Appraiser

Greg - I retract what I said before regarding your comment "when the client gives you permission you can correspond with anyone."

While two different people at one of my state license agencies said 'absolutely no, you may not speak to anyone but your client', the other said the same thing you did and backed it up with some USPAP (which is what the first state agency was basing their rules off of). This licensure board sited the following USPAP FAQs:

36.         DISCLOSING RESULTS OF APPRAISAL ASSIGNMENTS

Question:

I have been asked by my client's business associate for information relating to an appraisal report I prepared for my client.  Can I disclose the results of an appraisal assignment to parties other than the client?

 

Response:

You can, but only if you receive authorization from the client before sharing confidential information with the client's associate. The Confidentiality section of the ETHICS RULE states, in part:

 

 

 

An appraiser must protect the confidential nature of the appraiser-client relationship.

 

 

Appraisers may disclose information relating to an assignment to:

 

 

 

...the client and persons specifically authorized by the client; state enforcement agencies and such third parties as may be authorized by due process of law; and a duly authorized professional peer review committee except when such disclosure to a committee would violate applicable law or regulation.

71.         Appraisal management Company as authorized agent for a client 

Question:

I accept assignments from an Appraisal Management Company (AMC) that has informed me they are an authorized agent for the lenders they represent.  The AMC does not want me to list their name as the client, and asks that I only list the name of the lender they are representing.  USPAP says the appraiser's client is the party who engages the appraiser. Is it ethical to omit the AMC's name as the client on my reports?

 

Response:

Yes.  If the AMC is acting as a duly authorized agent for a lender, identifying only the lender as your client is acceptable.

 Now I must retract my previous denial of corresponding with the intended user and try to extinguish the fire on that bridge...

Aug 09, 2008 05:17 AM
Sara Goodwin
Estimation Nation Corporation - Portland, OR
Portland, Oregon Appraiser

Adam - I hope you're right or at least they don't rush into bad decisions just because they gave themselves a 1/1/09  go date.

Alisa - I'm all about negotiating... With your new client (should you so choose to take them on) I would only accept COD.  Their contract is unacceptable. 

I don't like the rest of their wording either - They sound like they may need a smack down a mortgage and fraud agency.  If nothing else, their up front customer service ediquette is atrocious. 

Michael - I'll strike next week!  Who's in?

Aug 09, 2008 05:28 AM
Sara Goodwin
Estimation Nation Corporation - Portland, OR
Portland, Oregon Appraiser

Hi David -

Wouldn't it be easier for appraisers to ban together and demand a working wage?  I've noticed appraisers have a hard time commuticating with one another (sort of like a roving pack of 'loan' wolves... ha!) - Perhaps now is the time to start building some community... but I don't even see the Appraisal Institute, NAIFA, or anyone else backing our cause -

Aug 19, 2008 01:35 PM
Anonymous
JC - Broker In Maine

I decided to post this here as well - as it seems it is needed..

Just Think About It For A Second...

I have been worked with Lenders, AMCs, Appraisers, Realtors, and other real estate professionals for the last 10 years.  I believe that the HVCC is a GOOD thing.  Why?

My reasons are twofold.

As a broker and former Realtor and Appraiser, I have dealt with extensive pressure from the BUYERS to meet a value which in turn, I unintentionally put pressure on appraisers, even thinking of talking value ranges.  Large lenders always questioned value and in turn I had to deal with the go between with the appraiser on these questions.  Many times this compromised my integrity as a Broker.  Many times I believed that if I didnt have someone who hit a specific value, I would LOSE REFERRALS from current clients. 

Many people blame AMCs.  They consider that thier ungoverned hands become dirty from client pressure.  Doesn't all of ours?  If you as an appraiser can say at no time you have felt and even succumbed to the pressure of valuing your properties between 2002 and 2006 then you are lying to yourself and everyone else.

What is to say that many appraisers didnt get these great relationships with brokers and direct orders from lenders BECAUSE they 'played ball'.  I beleive many appraisers, if they only offered unbiased opinions, would have no business.  Brokers and Lenders want appraisals that make deals work.  That is the bottom line.  No deal, no meal.

On the other hand, when I started using a trusted AMC (LSI) I felt a load of pressure lifted.  They were the conduit from which all of the pressure I felt could be flowed through.  The AMC has Quality Assurance groups DEDICATED to quality only.  If your value is supported, no problem.  If a value came in low, and the client was upset, they DEFENDED the appraiser!  Imagine that!  Why would they do that?

1. If they dont provide a quality appraisal first, they would have no business.

2. If they didnt defend their appraiser's appraisals, what does that look like to the quality of work they are providing as well?

3. They provided causal information to the lender that only they could explain in laymens terms. If the lender was still under pressure to make the deal work, they would order a second  or review appraisal.  (and review appraisers will tell you they are the cream of the crop) Imagine that as well!  More work for more appraisers.

All of the calls and emails that the AMC's  focused on you are by their client and vendor reps.  They have very little if any call on whether your appraisal is quality. They just want it in on time.  Again, if you didnt provide timely reports for your direct orders from Lenders and Brokers, do you really think you would still have their business? No!

Yes the turn times are slightly tighter.  But FROM EXPERIENCE it takes 2 and a half hours tops to complete a difficult assignment.  Yes you have drive time, yes you have inspections to set, yes you also have preliminary research time.  But you would do that anyway. 

The country is in a customer service oriented mode, why should appraisers be indemnified from that?  They shouldn't.  Everyone wants everything faster, cheaper and better.  If you could buy a quality 52" HDTV for less than a grand, wouldnt you?

Take into consideration your fees.  An average American worker makes $65000 a year.  If you complete 3 appraisals a day working 10 hrs a day for $225 per order, you have made over $130,000 a year!  Double that of the average worker in a 2000 hr workweek.  Many appraisers don't have college diplomas but are concerned over continuing education fees.  What about those making 65k for an $80,000 degree?  We all have to pay for education, gas and our own time, so none of those should be factors in considering the differences in income. We all drive cars to work. Appraisers just drive to more places of employment (I'm talking about the subject property).  Many people drive to and from work the same amount of miles you put on your cars driving to appraisal appointments.  The difference is we can't claim them on taxes!

I am not here to say that appraisers should not get paid, I am just saying look at it from the normal working Joe's eyes.  If you complain about fees and they take the time to add them up, you will get more opposition than you bargained for.

OK now off of that soapbox, the second reason I believe appraisal management companies are a GOOD THING is that they offer you large volumes or actually whatever volume you choose.  Appraisers who do good quality, timely work will get the most work.  If you owned a company, maybe you own an appraisal company, would you benefit more if your appraisers were punctual, ethical and produced high quality work or those that produce the other choices?  It is a no brainer.  Again appraisal management companies offer work to the best appraisers at the best fees, not just the best fees.

Well I dont know who if any of you will agree but it is hard to knock common sense. Most AMC's are built on that.  Many of them will not bend to pressure even though one or two were shown to have done that.  One last thought.  If Cuomo would have caught a specific appraiser with inflating values, would you have wanted everyone to assume that all of you were doing that too?  Just think about it.

Sep 18, 2008 02:12 PM
#20
Sara Goodwin
Estimation Nation Corporation - Portland, OR
Portland, Oregon Appraiser

Hello Broker - I understand in a perfect world that having mandated AMCs would solve pressure issues ...  however my point was that my experience with AMCs is no different than with lenders.  I still get pressured and due to communication breakdowns, I spend more time than I would directly talking with the lender.  You lost me at 2 1/2 hours as well.  I can't remember a time when I've only spent 2 1/2 hours on one assignment.... and don't even get me started with the amount of fees that appraisers have to pay for licensure, continuing ed, etc .  I would bet the appraiser is already the lowest paid real estate professional out there on average.

Sep 18, 2008 03:42 PM
Alix Pinzon
Open Mortgage, LLC NMLS # 2975 - Downey, CA
(562)743-6086

Hi Sara,  Kudo's to you for showing what the AMC's are really all about.  I've never worked for one in my 18 years of appraising.  I'd like to add one point to this discussion.  If all appraisers will be working for AMC's, with no pressure to increase values, and appraisals are based on past sales; how will this affect the recovery of the housing industry?  I foresee a long period of stagnation that will not last for years, but for decades.  I e-mailed my opinion on HVCC to the Obama website, and all I've received so far has been spam.  Speaking of spam, that's probably what most appraisers will be eating soon.

Feb 03, 2009 07:57 AM
Sara Goodwin
Estimation Nation Corporation - Portland, OR
Portland, Oregon Appraiser

Hello Gregg - Very good points, all of them - And good for you for sending your opinion to the Obama website (the spam ... of all kinds... is unfortunate) - If you have a moment, could you post the web site here for others to follow suit?

Feb 04, 2009 12:50 PM
Alix Pinzon
Open Mortgage, LLC NMLS # 2975 - Downey, CA
(562)743-6086

It's the same as before, WhiteHouse.gov.  While I'm on the subject: I had sent a couple of disagreeing comments to the Bush administration, and about the 3rd time that I went on the website, "they" started downloading some kind of program on my computer.  I have no idea what it was, but once I heard my hard drive start grunting, I immediately shut off my modem, shut down the computer, and went back in and deleted the file that they'd tried to install on my computer.  I would have to assume that this could happen under the current administration, so always be careful when you're on any .gov website, especially WhiteHouse.gov.  Thanks for your reply.

Feb 04, 2009 01:41 PM
Sara Goodwin
Estimation Nation Corporation - Portland, OR
Portland, Oregon Appraiser

Ouch - Good to know.  I'm sure we all (appraisers) have an FBI file... I don't need to get on their 'suspision list', too -

Feb 06, 2009 09:48 AM
Alix Pinzon
Open Mortgage, LLC NMLS # 2975 - Downey, CA
(562)743-6086

Hi Sara,  How're you adjusting so far to the HVCC?  I haven't received a single order from an AMC yet.  It's only been 10 days, but I have to wonder.  Well, actually I haven't signed up with any of them yet either.  I might go full time in the real estate business, if things continue on the same course.  Well, I hope that you're doing well, and I'd appreciate your feedback.

May 10, 2009 03:04 PM
Sara Goodwin
Estimation Nation Corporation - Portland, OR
Portland, Oregon Appraiser

Hey there, Greg -

I've been fortunate to have a couple of direct lender clients, FHA appraisals and one AMC that pays full fee that keep me busy.  I am having to drive all over the place, but I'm ok with that as opposed to the alternative.

Keep your chin above the water line!

May 12, 2009 03:04 PM
Anonymous
David

If I were close to getting my appraiser's license I would consider myself lucky that I didn't waste the money on the license or the E & O, or the MLS, or the camera, or the...etc.

I spent 17 years building an appraisal practice; only to watch it go from $22,000 per month to $300 per month in May of 2009.  Appraising is a business for chumps (until they do away with HVCC).

Personally I would rather dig ditches or deliver pizza than do a new appraisal with the 1004MC for 1/2 of the old fee.

I have just written a letter to the NAMB to encourage them to partner with the NAR.  I believe that the time has come to produce a television commercial that will show borrowers just how much they will be screwed by HVCC.  Example: Loss of loan locks and a higher rate (a near certainty); increased appraisal fees (guaranteed); potential of paying for multiple appraisals (strong odds); being defrauded at closing on the HUD-1 through misquoted appraisal fees (virtually certain).  Need I go on?

Best of luck to everyone.

Jun 16, 2009 12:57 PM
#28
Sara Goodwin
Estimation Nation Corporation - Portland, OR
Portland, Oregon Appraiser

My goodness, David ... you must not need a lot of sleep.  I couldn't keep up a pace of constant 14 +/- appraisals a week.  That would make my work weeks about 80 hours long on average!

Much luck from one chump to another ~

Jun 19, 2009 10:24 AM
Shelly Whitworth
MorSystems.com - Carmel, CA

I still want to know how the hvcc was so quickly brought to a reality, and who it's actually benefitting ~ how is it legal to take people's private businesses and make them join an AMC who tells them how much they'll make!?!?!?

What country is this?

Jul 29, 2009 10:16 AM
Sara Goodwin
Estimation Nation Corporation - Portland, OR
Portland, Oregon Appraiser

Hi Shelly -

The original 'go date' of the HVCC was pro-longed by about six months (once pleas from all sides argued that we weren't equipped for the drastic changes and the lack of sufficiant 'fixes' that the HVCC had to offer) giving us approximately a year and a half to try to indefinitely postpone it.  A lot of us tried.  All of us failed. 

This is a capitalistic country and HVCC is the scapegoat plan of some very capitilistic companies.

Jul 30, 2009 03:33 AM
Alix Pinzon
Open Mortgage, LLC NMLS # 2975 - Downey, CA
(562)743-6086

Hi Sara,  Appraisers need to contact their Senators, and tell them to vote to dumb HVCC, when the Consumer Finance Bill reaches the senate.  The time for complaining is over folks.  We may only get one shot at this.  Tell them how lender pressuring has shifted from the lenders to the appraisal management companies.  Tell them how the greedy appraisal management companies are stealing our profits, and putting many decent and ethical appraisers out of business, ran out by those who would set up illegal sweat shops full of unlicensed individuals.  Anyone who knows someone running an appraisal sweat shop needs to turn them in to their state regulators.  The time to fight back is now, write or call your senator today!

Nov 09, 2009 03:43 PM
Sara Goodwin
Estimation Nation Corporation - Portland, OR
Portland, Oregon Appraiser

You don't believe the HVCC is dumb enough? ;-) 

Our state only allows two trainees per appraiser.  And the appraisers are held accountable for every little thing the trainees do... which really doesn't breed appraisers around here much at all... however it seems as if the elder appraisers never retire, either.

Nov 13, 2009 03:08 AM
Anonymous
NICK DANGERFIELD

There is a lot that can be done to change this but we need a leader and the politics needs to start on a local level.

Jan 19, 2010 03:54 AM
#34
Anonymous
N. D.

NAR Members contact your local appraiser, the ones you believe do an accurate job.  The ones with plenty of experience.   The ones that can inform you of what lenders to use.

Namb Members Develope a compromise.  Come up with a plan to present where all the good intentions of HVCC can stand but be modified so you can operate with some independence.  It can be done.  The technology is available.

AI;  Start a political action commitee in your local chapter.  Develope suggestions for the requlation of AMC's in your state.  Plan on a long journey.  Gather support from NAR & NAMB members.  Request a sit down with or invite state reps to address your chapter.  Start a dialogue.

 

 

Jan 19, 2010 04:05 AM
#35
Sara Goodwin
Estimation Nation Corporation - Portland, OR
Portland, Oregon Appraiser

Nick & N.D. - Agreed, but it seems like even the appraisal organizations are not taking action.  It's a hopeless and frustrating feeling that I share with many collegues. I personally see and read about more and more good appraisers that are giving up... throwing their arms up in the air and walking away from their 10+ year careers.  I'm weeks away from having to make the decision of caving to AMC fees or finding another job myself.

 

Jan 28, 2010 03:58 AM