Realtors, Buyers, Sellers and Lenders if you talk to APPRAISERS, you are breaking the law!

By
Real Estate Appraiser with Lanier Appraisal Service CR004373

I knew that one would get your attention. Not as drastic as it sounds, but you need to know there is some truth here. TREAD LIGHTLY

If you have not heard about the HVCC regulations taking effect May 1st, then you need to check out my blog about the HVCC.

HVCC How Realtors can help

Why Appraisers use Foreclosures

One of the essential issues in this new regulation is that NO ONE will be able to pressure appraisers to "get" a certain value for a property. Mortgage Brokers can no longer order appraisals from Appraisers, only BANKS and third parties can order reports. No Loan Officers, Realtors, Buyers or Sellers can put any pressure on the appraisers. They must let them do their job without undue influence one way or the other....or they are breaking Federal Law! YES that is true.

If the appraiser feels they are being pressured, they have a number they can call to report YOU! So tread lightly on providing appraisers with comp data. NO PROBLEM providing a list of comps and any data about certain sales that may not be common knowledge or that the appraiser would have no way of knowing, but do not tell the appraisers which comparable sales they should use! They need to review what you have given them and then THEY decide which sales are indeed comparable to the subject property.

TRUE STORY that just happened today!Our neighbor sold his brothers condo in Atlanta after his brother died. He moved everything out for the buyer as they were supposed to close TODAY...Well our neighbor made the mistake of meeting the appraiser at the property and proceeding to give him all the details ad- nauseum on the property and told him he wanted to make sure that the appraiser came up with the RIGHT value...BIG MISTAKE.and after the appraiser completed his on site work he asked him so what do you think it will appraise for.....another mistake. Appraisers can't tell you...number one... unless you are their client and site work is just the first part of the entire process. We do not just pull that number out of the air, we need to do a good deal of work back at the office before we come up with a number.

The appraiser basically told our neighbor the seller (who was NOT the one who hired this appraiser, the seller's lender did) to leave him alone and that he is NOT talking with him about this condo and that he should just leave him alone. Well my neighbor calls asking about the closing and it turns out the Appraiser refused to complete the appraisal and told the client, lender that the seller was harassing him for value and that he refused to complete the appraisal. So now they have to start all over again...and get another appraisal....I hope my neighbor learns not to do this again!

Now I Am NOTcondoning the appraiser's behavior, and he certainly should have told the client/lender what happened right away instead of delaying the closing another week, but I will tell you that if you feel compelled to tell the appraiser to review comps that you supply because other sales (many times inside the same development as the subject) are not good for some reason, you better have good facts to support your contentions.

Here is my suggestion to avoid problems: If you want to supply appraisers with sales data, give them the list both of the sales and of the subject property amenities, Then just tell them you are there if they have any questions about any of the sales or the subject property and give them your card. On the list of comps you give to them, make a note of any unusual conditions of the sale or of the home. You do not need to talk the appraisers head off because to be honest, the more you try to "convince us of anything" the more suspect we become, so don't shoot yourself in the foot okay?

So be careful out there. Things are going to be different. Trust me when I tell you appraisers don't kill deals, the market does and we have no vested interest in killing deals, we just have to report the facts. If you feel the appraised value is flawed you have recourse, just provide stats and fact to the bank and force them to order a new appraisal if it comes down to that. But it has to be proven to be a flawed appraisal, not just one that you may not agree with.....

HVCC How Realtors can help

Why Appraisers use Foreclosures

 

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Comments (14)

Falls Crossing
William Ryan Homes - Grafton, WI

This is good to know,

Apr 17, 2009 07:47 AM
Michael S. Mackey
CENTURY 21 All Islands - Mililani, HI
REALTOR ABR, CRS, GRI, RSPS

Mary, good advice and well taken. This is a little bit off subject, but is there a way to request that a lender NOT use a certain appraiser?  I know most lenders keep a list of approved appraisers that they use on a rotating basis. There is one appraiser in my community that always uses innappropriate comps, and his valuations are way off. His name is known by many of us real estate agents (his wife happens to be an agent).

Apr 17, 2009 07:50 AM
Michael A. Caruso
Surterre Properties - Laguna Niguel, CA

Hi Mary,

I agree with many points you made. Many agents are not aware of the repercussions out there....

Please remember me if you learn of anyone moving to "The OC" and I will do the same!

 

Michael Caruso, Broker ABR ABRM CRB CRS GREEN GRI

2007 President, Orange County Association of Realtors           

(949) 753-7900

Apr 17, 2009 07:59 AM
Wayne Johnson
Coldwell Banker D'Ann Harper REALTORS® - San Antonio, TX
San Antonio REALTOR, San Antonio Homes For Sale

Quite an attention grabbing headline. Thanks for the links too.

 

 

Apr 17, 2009 08:06 AM
TIM MONCRIEF
Tim Monciref - Austin, TX
Over 2,000 homes sold…..

Thanks for the info.  I will never lie to an appraiser....I will just help them merely by telling them why I used comps.  Crazy times..... It will soften in time.

Apr 17, 2009 08:07 AM
Ed Silva
Mapleridge Realty, CT 203-206-0754 - Waterbury, CT
Central CT Real Estate Broker Serving all equally

I have had the experience of having 2 local lenders start the new 'process' back in January. It's not all that bad assuming the bank gets a rotation of appraisers familiar with a specific area, and at least access to the right MLS. As recently as 3 weeks ago, I did have an appraiser call me for comps on a sale I completed. A little strange, but he didn't have access to one of the MLS systems and didn't want to join for one job. That lender was certainly not getting their money's worth.

Apr 17, 2009 08:19 AM
Mary Thompson
Lanier Appraisal Service - Flowery Branch, GA
Lake Lanier Appraiser in North Georgia

Micheal:

Sorry you will not be able to request a lender NOT use a particular appraiser. Why do you suppose he uses inappropriate comps? Why are they "bad".

All I can say is if you have one of his reports and you feel it is flawed and you have good reason and facts to show why these comps are not truly comparable to the subject property, then you can contest it with the bank and request they have another appraisal completed on the property in question or have the appraiser explain why he chose the sales he did, etc.

Thanks for your comments. Pass this along so noone gets in trouble or kills deals by over stepping their bounds with appraisers.

 

Apr 17, 2009 09:00 AM
Michael S. Mackey
CENTURY 21 All Islands - Mililani, HI
REALTOR ABR, CRS, GRI, RSPS

Mary - My best guess is that he is just plain incompetent. My second guess is that he is an idiot. The third thing I will say about him is not a guess, but a fact: he is an A** HOLE.The latest agent to tell me about dealing with him had similar comps in the same complex, yet he used comps from a completely different complex that is a different level of quality, unit sizes, etc. I had the same experience with him on one of my listings a couple of years ago. There are others who have related this same experience as well. All of us had to protest his appraisals. I don't want to ever have to deal with him again; he just creates extra headaches for everyone.

Not only is he a terrible appraiser; he once called me regarding a listing I had ( I recognized his name, but he didn't identify himself as an appraiser) and gruffly asked me "when was I going to lower the price", as if he were a real estate agent. As I mentioned, his wife is an agent, so I imagine he was calling on her behalf. The listing was only seven days old, and sold two days later for cash and at full price.

Apr 17, 2009 01:27 PM
Mary Thompson
Lanier Appraisal Service - Flowery Branch, GA
Lake Lanier Appraiser in North Georgia

Michael:

I wish you would just say how you feel! LOL. There is one recourse. If this appraiser is as bad as you say, then you always have the option of reporting him to the State Appraisal Board. File a formal complaint and they will investigate. Give them as many facts as you can.

 

Apr 18, 2009 12:59 AM
Jesse Skolkin
Independent New York State Certified Real Estate Appraiser - Fresh Meadows, NY

My standard response to anyone (owner, buyer, broker, etc.) who wants to discuss the appraisal, the property, comparables or anything else regarding the appraisal process is as follows:

According to State and Federal law, I can only discuss the appraisal with the intended user of the appraisal.  If you have any questions, I suggest you discuss them with the (lender, client, etc).

This seems to be a conversation killer...

Apr 20, 2009 02:36 PM
Charles E. Jack, IV
Charles E. Jack Appraisal & Consulting - Las Vegas, NV
MAI

If you would like to see what Nevada is contemplating in its current legislative session. please check here. 

http://www.leg.state.nv.us/75th2009/Bills/AB/AB287.pdf

As I've told many people - just wait until the regulation comes down the pipe - it's going to make everybody's head spin.  Not just are you dealing with HVCC but you are also talking about State Law in many jurisdictions that apply to all appraisals (not just FRT's - Federally Related Transactions). 

We're going to have the equivalent of what happened to the securities industry in the 1930's happen in Real Estate.  Like we don't already have enough regulations... 

To me its like guns.  If you would just pay someone to enforce the rules we already have... 

Though I must confess I like the Nevada bill about not pressuring the appraiser.  Why didn't we have this 10 years ago.  It's not like the appraisal profession hasn't been warning about this.  This should really help out the residential industry.  Those guys have been getting pressured from all angles and getting their fees squeezed by incompetent competitors for far too long.  (Most of those incompetents are no longer in the business.) 

Apr 21, 2009 07:31 PM
Anonymous
Mary Thompson

Charles: Oh I so agree, thanks for the link to the Nevada bill. It will be very interesting over the next few months to see how all this works itself out. The lenders, buyers, sellers, Realtors are going to be pulling their hair out!

Thanks for your comments

 

Mary Thompson

www.marytappraisals.com

 

Apr 22, 2009 12:41 AM
#12
Mary Thompson
Lanier Appraisal Service - Flowery Branch, GA
Lake Lanier Appraiser in North Georgia

Charles: Oh I so agree, thanks for the link to the Nevada bill. It will be very interesting over the next few months to see how all this works itself out. The lenders, buyers, sellers, Realtors are going to be pulling their hair out!

Thanks for your comments

 

Mary Thompson

www.marytappraisals.com

 

Apr 23, 2009 12:31 AM
Rita Bradley
Laguna Hills, CA
Valuation Consultant in Orange County California 949-916-3263

I don't see how HVCC can be implemented May 1st when all of its conditions of the agreement have not been met.  Most importantly the IVPI is not in place.  For those that don't know, the Independent Valuation Protection Institution is to be a non‐profit organization to preserve the integrity of the appraisal process.  It is to be funded by Fannie Mae and Freddie Mac as part of the agreement they made with Cuomo, and as far as I can tell, it does not exist yet!  I don't see how only bits and pieces of HVCC can be implemented, especially without the IVPI in place.  The IVPI is where individuals could report violations of HVCC.  How can it be legal to proceed without it?

Apr 23, 2009 07:53 AM

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