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Why the NAR call to action for HR 3044 is a joke

By
Real Estate Appraiser with Appraisal House Texas

I recently received an email asking me to call my representatives and urge them to co-sponsor H.R. 3044, which would place an 18-month moratorium on the HVCC.  Along with the email were links to several articles talking about how low appraisals are hurting real estate, essentially saying that appraisers are responsible for the slow economic recovery.

New Home Appraisal Rules Stir Industry Backlash - Associated Press (July 14, 2009)

Low Ball Appraisals Spark Uproar - Post (July 3, 2009)

Appraisal Management Chart

While I understand the real estate industry's frustration, yet another delay in implementing the HVCC is not the answer.  I think that with the exception of the appraisal management companies, everyone is in agreement that the HVCC has solved nothing except how to force good appraisers out of the business and increase the overall cost of an appraisal to the consumer.  But what is really needed, and what has been lacking in the appraisal industry for quite a while, is OVERSIGHT.

Appraisals coming in too low and killing your deal?  One of three things has happened, then. 
1. If you are the selling agent, you priced it too high.
2. If you are the buyers agent, you did not do your due diligence with your CMA to determine what the property value truly was, and so your client has offered to pay more than the house was worth.
3. Your lender is using an Appraisal Management Company that has found someone willing to do the work for a substantial discount (although the borrower will pay at least the same fee).  This person has little incentive to do a good job (how much effort would you put into selling a house if you were getting a flat $500 fee before broker expenses?), and may be coming from a great distance away and may have no real local knowledge. 

I understand that it is the selling agents job to get the highest possible price for you client, so I have no real beef with you.  If someone loves the house enough, they will come up with the extra money.  But if you know that the house is overpriced, don't blame the appraiser for killing your deal.  And please, try not to spread the idiotic concept that if a buyer and seller agree on a price, then that is the market value.  Go take an appraisal class before you perpetuate that rumor.

You would probably not believe how many houses I look at that are blatantly overpriced, yet the buyers agent has allowed their client to make a full-price offer.  Just like in the appraisal business, there are plenty of lazy and/or incompetent practitioners.  I understand that some properties are harder to value than others, but I've seen plenty of homes in standard subdivisions where there are three recent sales with the exact same floorplan, same upgrades, and same condition, yet you have offered $5,000 more than any of those sold for.  Again, don't blame me because it was easier to submit a contract and keep your fingers crossed that the appraiser would "play ball". 

However, I've been reading a lot of the comments that realtors have been making, and there is a definite trend of low-priced (read "desperate") appraisers driving hundreds of miles to do an appraisal in a town they have never been in.  Please understand that while I feel bad for these appraisers, they are violating USPAP, which are the standards of practice that every appraiser must follow.  More specifically, it is a violation of the Competency Rule, wherein an appraiser must be familiar with, among other things, a geographic area or market.  So if you have an appraiser coming in from 5 counties away to do your appraisal, then you need to find out exactly how many appraisals he/she has done in your area and what makes them competent to do your appraisal.  If they are not, tell the lender you want someone else.

This has been an issue for a long time, and it points to a lot of what the HVCC was originally meant to do.  Appraisers are supposed to be the "voice of reason", the impartial 3rd party, the one who makes sure that in the event that a buyer were to close and then immediately walk away from the property, the lender would be able to sell the property without incurring a loss.  However, what has happened is that the viewpoint has changed, casting appraisers as just another complicit party to the transaction, rubber-stamping the contract price and collecting their fee.  Now our opinions are looked at with a great deal of suspicion (witness the flood of underwriter conditions lately) due to the actions of some appraisers.

So the real problem is not how to make sure appraisers jump through hoops by providing several extra pages of information in the report to pin them down more on their numbers (like the 1004MC form).  The real problem is doing something about the bad seeds in the business.  I've done some review appraisals that have just been god-awful, where it was very, very obvious the appraiser was trying to hit a number, or are just severely lacking on education requirements.  But if you submit a complaint to the state board, do you know what happens?  Next to nothing.  Maybe a slap on the wrist.  There is simply not enough government funding to adequately police all appraisers, and this lack of oversight (and punishment) has allowed a culture to develop that flaunts the rules.

So delaying the HVCC another 18 months is not going to fix anything.  For one thing, lenders have already made their decisions on using AMC's, and they are not likely to return to the prior method of letting loan officers select their own.  The damage has been done. 
What is needed is a law that disallows any lender to directly or indirectly own an AMC.  Think of it this way.  If you are the buyers agent on a house and the appraisal company was owned by the selling agent (or the homeowner) wouldn't you be worried?  Also, the AMC's need to be held to the same standards as the appraisers.  A broker is responsible for his agent, and that is essentially the same setup as AMC's and their appraisers have.
Beyond that, enforce the Competency Rule.  I have no problem with a realtor or borrower asking me about my experience in the area, and neither should any other competent and ethical appraiser.

Comments(65)

Carol Simonson
ReMax - Westlake Village, CA

I was recently involved in a transaction where the house was priced properly for current market conditions. 

However, it was had exceptionally beautiful interior and the house sold for about $30,000.00 over asking price, in multiple offers on it's first day on the market...fairly rare under these economic and shaky market conditions.

The next thing was that the house didn't appraise...big surprise. 

No problem said the buyer (Who happened to be putting 50% down payment (About $400,000.00 cash from the sale of his previous home)

The bank didn't mind, due to the large down payment, and the buyer wanted the house with the lovely interior under any circumstances.  So it closed without the slightest hiccup.

Is this new high priced home the most recent comp to use in the neighborhood?

and...

If some drive by appraiser comes around to appraise another home in this neighborhood, same model and floor plan, won't that appraiser sort of miss out on why this one sold for more, since they have no concept of what the breathtaking interior could be when they don't bother getting out of their car? 

The whole thing sort of makes me wonder what is an authentic appraisal these days.

Broker-Granny

www.ActiveSunshine.com

 

Jul 24, 2009 09:13 AM
Anonymous
Rita

A lot of buyers "wanted" houses during the real estate bubble and NOW they are walking away from them. 

Bottom line:  Banks are the ones "buying" the home-they are putting up the money.  The have a resposibility to make sure they aren't paying too much.  Frenzied buyers bidding up the price of a house are not qualified to know what it's worth.

Jul 24, 2009 09:14 AM
#47
Mike Lay
Appraisal House Texas - Austin, TX

I'm getting way behind on this, but thanks to all for the thought-provoking responses both pro and con!

Steve (#32), personally I don't care whether I know what the contract amount is or not, but I have heard tales of appraisers who won't take a job without an idea of how much is "expected".  This is not necessarily so they can hit that number, but I will admit that knowing the contract price is helpful sometimes.  Appraisals, as we all know, are subjective, and I think that at times it would cause more problems if we didn't know (for example) a contract price.  What if my appraisal came in $1,000 lower?  If I knew the contract price and knew that some of my adjustments could be altered a bit (although well within reason), wouldn't you rather I knew what the price was?  Or would you rather know that my opinion was off by $1,000, so you had to go back and renegotiate or have the buyer come up with another $1k at closing?  For an honest appraiser, knowing the contract price changes absolutely nothing. 

Sam (#33), my point is that the NAR action will not change anything.  If it actually worked, none of the major banks are going to change their process, they are still going to go with the AMC's, and so you would still have the same problems you have now.  As a matter of fact, in my opinion it will not be long before the AMC's start to distribute FHA work as well (much as I hate to say that).  So whether the HVCC is repealed or not, the use of management companies is here to stay.  What is needed is to hold them to the same standards as appraisers, with the same liability.

Charryl (#36), great comments, thank you!

Debi (#41), we do the appraisal that the lenders ask us to do, and if they only require a drive-by that is what they get.  The concept is that the buyer is either putting down a lot of money so there is little risk for their financed portion, or else their computer programs (AVM's) have already told them the property is worth a good bit more than the sales price, so all they need is a rough confirmation from the appraiser that the house is essentially still there and is not backing up to the garbage dump.   

Steve (#42), I agree completely.  When I see that 4 or 5 page addendum full of disclaimers I just laugh.  I have a lot of lawyer friends (or as I prefer to say, I know a lot of lawyers), and I can promise you that you can have all the disclaimers in the world, that doesn't mean you won't get sued.

Marcia (#44), just because two people are over-bidding on a house does not mean that is what it is worth.  Maybe they both have a specific need to get that house (close to a family or job, need to be moved in by a certain date, etc.).  That is the value to those buyers, and if they were to come up with the extra cash to close the deal, they have now set (or contributed to) a higher market value.
But what is important to appraisers and the lenders that we are doing the work for, is if it would sell again 30 days later for the same amount when those two buyers were out of the picture (for example, if it sold and the buyer just walked away from it).  A good appraiser should be reviewing trends in the area and adjusting for them.  So if the same house sold 2 months ago, and the area has been experiencing a 3% annual growth rate (sorry Gene, #34, 2% monthly growth = 24% annual growth, that is way out of whack), then that should be properly adjusted for. 
Market Value for appraisal purposes, is defined as:
"The most probable price, as of a specified date, ...for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale, with the buyer and seller acting prudently, knowledgeably, and for self-interest, and assuming that neither is under undue duress."
The "market" is a much larger entity than two or three buyers willing to pay more for one home.  I do get your point and agree that many times a low value is the result of a lack of research, but it is important to understand that "market value" is what we are after, not just what one person would pay for one house.  Thanks for the great comment!

Jul 24, 2009 09:37 AM
Debbie White
Southeast Alaska Real Estate - Juneau, AK
I Sell Alaska!

What the new rules mean for me is:

The lender doesn't know WHO gets the appraisal until I tell them.  Unfortunately, not all appraisers get their orders done correctly and timely.  Some get the report kicked back multiple times for errors.  So, the GOOD appraisers aren't getting as much work and the BAD appraisers are in over their heads.  My definition of good and bad appraisers doesn't even touch the issue of value either.

I've always provided the appraisers with my comparable sales.  I'm not trying to tell them how to do their job.  What it does is open the door to communication.  If an appraiser cannot use my comparable sales, they let me know and we work together to find others.  If we are not going to meet value, I have an opportunity to prepare the seller.

I also get way more orders for remote BPO's.  There is only one appraiser serving many of the smaller communities of SE Alaska.  If there is an appraisal review, they don't have a second appraiser to review it.  So, in addition to handling an office, 80+ listings and my own clients, I get to do these reports.  The only nice thing about it is that I coordinate these reports into my own travel schedule and I'm saving a bundle on my normal float plane and ferry ride bills. My charge for these reviews exceeds the cost of appraisals in most areas due to travel expenses.

As to asking for another appraiser, that opportunity is GONE.  We have no say in the matter and it's really thrown a wrench into things.  The companies that can take 12 orders per week are only getting 4, and the ones that are really only able to get 4 orders per week are getting 12.  Someone in a call center 2000 miles away has no idea of the special issues we face.  The fact we cannot drive from town to town is beyond their comprehension.  Our geography doesn't allow for comparables to be within 1 mile.  The size of some of the communities means sometimes comparable sales are 100 miles away or a year old.  They don't understand anything about our local market conditions.  They don't understand our weather, which even in summer can mean you are stuck and cannot fly in our out for days at a time.

These rules are doing no good in my market.  Oh, and we didn't have the crazy appreciation most areas did so we are still pretty steady - at most down 8% from two years ago.

Jul 24, 2009 11:25 AM
Anonymous
Consumer

Isn't it amazing, Mike, how you've got a bunch of real estate agents telling you how to do your job?

An AMC-directed appraiser (and another appraiser whom I hired independently) both saved me over $100,000 on a house that the listing and selling agent agreed--and so then did I--that the house I wanted to buy was worth $718,000 when the appraisals came in at $610,000 and $615,000.  Oops!  Can you imagine how much more I would've paid over the life of the loan if I had taken the advice of my buyer's agent, confirmed by the listing agent?  I credit HVCC with taking influence out of the appraisal process.  I'm all for it.

 

Jul 24, 2009 02:41 PM
#50
Todd & Devona Garrigus
Garrigus Real Estate - Beaumont, CA
Broker / REALTORS®

Oversight, Oversight, OVERSIGHT! Get the appraisers out of the lenders pockets, and get some oversight on them!

Jul 24, 2009 05:55 PM
Roger Johnson
Hickory, NC

The "market" is a much larger entity than two or three buyers willing to pay more for one home...it is important to understand that "market value" is what we are after, not just what one person would pay for one house.

I think that this is a great summary of what an appaisal is supposed to be.  If an appraiser is good and provides a fair comparision, the value is there.  If a buyer choose to pay more, they have every right to do so, as long as they foot the price difference.

That said, I think appraisals, in general, have a major flaw.  They are purely a backwards look at value.  They only look at past sales and nothing currently on the market.  If a market is going up, it doesn't reflect it, if a market is going down, it doesn't reflect it.  All you have is an appraiser's judgement, usually with no supporting facts, to raise or lower the reflected 'market value.'

I think that we can, or should, agree that the HVCC is more than likely here to stay and that currently, it has issues that need to be fixed in order for it to do what it was intended to do.

Jul 25, 2009 02:14 AM
Steve Kelley
Kelley Graves Realty, LLC - Georgetown, TX

Whoa, whoa, whoa!  I am sure you are a great guy and maybe a real exception amongst appraisers.  However, this blew me away.

"Appraisals, as we all know, are subjective, and I think that at times it would cause more problems if we didn't know (for example) a contract price.  What if my appraisal came in $1,000 lower?  If I knew the contract price and knew that some of my adjustments could be altered a bit (although well within reason), wouldn't you rather I knew what the price was?  Or would you rather know that my opinion was off by $1,000, so you had to go back and renegotiate or have the buyer come up with another $1k at closing?  For an honest appraiser, knowing the contract price changes absolutely nothing"

Okay, here is what I want, as an HONEST Realtor.  An HONEST appraisal.  How can you say that the value you provide is accurate, and then say you would add $1000 just to make a deal work?  That sucks for an uninformed buyer that is depending on you, as the appraiser, to be totally fair and impartial.  Aren't you just outright lying to the buyer when you do that?  So for me, HONESTRY and INTEGRITY is worth a whole lot more than any commission in the world.  If other Realtors want to be prostitutes, and they are, just to make a buck and cheat clients, then I would lobby hard to have all Realtors and appraisers that do this be locked away.

Having done many appraisals myself, I am well aware that there are two approaches.  One is, to utilize the data and come up with a value; and the other is, to set a value and use the data to justify it.  Once an appraisor decides to use that method, to me, they are worthless.

Jul 25, 2009 03:49 AM
Mike Lay
Appraisal House Texas - Austin, TX

Steve, as you know, an appraisal is a subjective opinion.  If I'm appraising a +/-$500,000 house, I may have adjusted sale prices on the comparables of (for example) $495,000, $500,000, and $505,000.  That tells me that a reasonable contract price is anywhere between $495,000 and $505,000.  My training was always that you need at least two adjusted values to prove your opinion of value, so I would not make my final opinion of value any higher than $500,000.  However, let's say that the contract price is $501,000.  Let's also say the most recent sale was the $505,000 one.  Are you telling me that because my adjusted values show $500,000, the house isn't worth $501,000? 

My point is not that I am lying or even fudging the appraisal.  If I had three exact duplicates of the subject property that all sold in the past month for $499,000 and no adjustments were necessary, I would make the value $499,000, even if the sale price was $499,500.  But those kind of comps do not happen in the real world.  In my example that house, in my professional opinion, is worth $501,000. 

There is a subjective nature to it, and for an honest appraiser there is no problem with knowing what the contract price is.  I bust deals all the time where someone is paying full price for the house but trying to roll in 3% worth of closing costs.  In fact, I bust them on the list price as well.  Like I said, I could care less if I get the contract or not, but I think that on a national level it would become a big issue in the real estate industry with many contracts needing to be re-negotiated over miniscule differences between the contract and appraised value, when in reality the contract price is in fact realistic and defensible.  That's the point I was trying to make.  

Jul 25, 2009 04:34 AM
Mike Lay
Appraisal House Texas - Austin, TX

Steve, one more thing.  I agree with you completely that many appraisers DO use the contract price as their "goal".  That needs to be corrected, but again, that is an issue with enforcing good appraisal practice and punishing the offenders. 

Jul 25, 2009 05:01 AM
Steve Kelley
Kelley Graves Realty, LLC - Georgetown, TX

I understand what you are saying exactly, and I understand that the appraisal is subjective and more of an art than an exact science.  The point is however, when you start this process, where do you stop?  Sure $1000 on a $500K house is pretty insignificant.  But what if we have a $100k house?  If the contract is $101k, do you adjust it?  How about $101.5, and $102, and 102.5?  Where do you draw the line?

You are no doubt honest, and would say, there is a line and a  "grey area" say between $98k and $103k that is fully supportable by the comps and or cost method.  But what about all those other appraisers?  The system we have now is one where lenders, and realtors, try to utilize appraisers that give them high numbers so the contracts will fly.  There is no incentive for an appraiser to be totally honest, and ignore the contract price.  This is a system that is detrimental to consumers, and lenders, appraisors and realtors are all complicent in the process when they put the deal ahead of the client's interest.  If we don't change that, distrust will continue to grow and buyers and sellers will seek ways to go around this process to buy and sell.  That is what really needs to be changed. 

I appreciate your comments.  We need more folks like you out there.

Jul 25, 2009 05:12 AM
Joseph "Cathan" Potter
Coldwell Banker - Sebastopol, CA

Mike I totally agree with you that real estate agents should take an appraisal class.  (It might even open the door for them to work with investors, as they will be understand some of the methods of analysis used.)

The only point I disagree with you on is that you say the appraiser is an impartial third party.  The reason I disagree is that the appraiser is actually, in effect, a representative of the lender and the lender's interest.

Also I think it might help to define "market value" (as per USPAP) -- "a type of value, stated as an opinion, that presumes the transfer of a property (i.e., a right of ownership or a bundle of such rights), as of a certain date, under specific conditions set forth in the definition of the term identified by the appraiser as applicable in an appraisal." (http://commerce.appraisalfoundation.org/html/2006%20USPAP/DEFINITIONS.htm)

Next, it doesn't seemed to be understood that there are a great many kinds of values that can be found and some of the comments indicate a misunderstanding of the values:

  • Replacement Cost (Scott in #10) -- A value given for insurance is a replacement cost for the property, it is the cost to rebuild the structure and should not include the value of the land.  Since this is the case, I am a bit puzzled as to why the comment says that an "insurance appraiser"'s opinion of value would come in higher.
  • Ad valorem (Property Tax, Latin for "according to value") -- This also is a different value than fair market value.  It is found using a given county's assessment procedures. 
Jul 25, 2009 05:49 AM
Steve Kelley
Kelley Graves Realty, LLC - Georgetown, TX

I agree.  In my opinion, a Realtor that has no knowledge of contracts, technology, appraisals, financing, construction, and costs does not meet the ethical requirements of possessing adequate knowledge to act as a representative for clients in a real estate transaction.  The Realtor community would be better served if we drastically increased the educational and experience requirements for licensing, and that includes for those who received licenses 30+ years ago.

Jul 25, 2009 06:02 AM
David Mescon
DAVID B. MESCON REAL ESTATE APPRAISER AND CONSULTANT - Kailua-Kona, HI

Joseph (#49)

A good appraiser is an impartial 3rd party.  We are often perceived as lenders' representatives by borrowers, realtors and others we meet while in the field, however, that perception is erroneous.  Neither are we representative of the lenders' interests, although, again, such is commonly the misperception.

The inference of defined market value you noted is not the definition of market value we (usually) must utilize.  The definition we almost always, (necessarily), use is:

 

The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus.  Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:

•(1)      BUYER AND SELLER ARE TYPICALLY MOTIVATED;

•(2)      BOTH PARTIES ARE WELL-INFORMED OR WELL-ADVISED, AND ACTING IN WHAT THEY CONSIDER THEIR OWN BEST INTERESTS;

•(3)      A REASONABLE TIME IS ALLOWED FOR EXPOSURE IN THE OPEN MARKET;

•(4)      PAYMENT IS MADE IN TERMS OF CASH IN U.S. DOLLARS OR IN TERMS OF FINANCIAL ARRANGEMENTS COMPARABLE THERETO; AND

•(5)      THE PRICE REPRESENTS THE NORMAL CONSIDERATION FOR THE PROPERTY SOLD UNAFFECTED BY SPECIAL OR CREATIVE FINANCING OR SALES CONCESSIONS GRANTED BY ANYONE ASSOCIATED WITH THE SALE.

Source: Code of Federal Regulations (CFR), Title 12-Banks and Banking, Chapter I - Comptroller of the Currency, Department of the Treasury, Part 34 -Real Estate Lending and Appraisals, Table of Contents, Subpart C  - Appraisals, Section 34.42 Definitions, Part (g), Source/Revisions:  [55 FR 34696, Aug. 24, 1990, as amended at 57 FR 12202, Apr. 9, 1992; 59 FR 29499, June 7, 1994].  Electronic Source:  Electronic Code of Federal Regulations at http://www.gpoaccess.gov/ ecfr/index.html

I won't go into the semantics regarding your "Replacement Cost" comments, however, you may want to familiarize yourself with the more esoteric points of replacement cost vs. reproduction cost, as replacement cost is almost never applicable in a market value appraisal of a single dwelling unit property, (even though it is often used).

Ad Valorem values are not "found using a given county's assessment procedures."  Ad Valorem values are determined utilizing methodologies known as mass appraisal techniques.  These techniques yield values at or near market value.  Typically, this value is then subject to a multiplier which yields a sub-market, assessed value for a given property.  The assessor then multiplies the assessed value by an applicable millage rate, (which is determined by a county's specific procedures), to determine the actual property tax for the property.

A good appraiser could also probably pontificate ad nauseum about the values accordant to vertical property rights, (i.e., ground, surface and air), as well as other specific rights derived from the bundle.  He or she could put you to sleep with diatribitic tales of the subtle nuances of condemnation, inverse condemnation and jurisdictional exception.

My point is, Joseph, you may want to lighten up a bit on Mike.  His opinions were logical, cohesive and eloquently expressed.  He's still a relative newbie, yet his obvious knowledge of appraisal theory and practice exceeds that of most of the more tenured appraisers I have encountered in my many years of practice.

Mike - keep up the good work - I am especially impressed with your tenacity and consistency with regard to responding to the onslaught of (mostly ill-formed) comments.  I am amazed at the abundance of misconceptions surrounding our profession expressed by those in related fields.  I think I'm gonna start teaching an appraisal class for realtors - I've already written a book that would be ideally suited for such a purpose.

Jul 25, 2009 02:29 PM
Joseph "Cathan" Potter
Coldwell Banker - Sebastopol, CA

David (#59),

Most of my comments were directed at other comments, not Mike.

Thank you for the clarification;  It is what is needed here.

Jul 26, 2009 05:13 AM
Mike Lay
Appraisal House Texas - Austin, TX

IMO, a lot of good comments were posted from both points of view, the realtor and the appraiser.  It is obvious that the realtors are frustrated by what they perceive as a lack of quality, but at the same time it is important that they all know that they can and should contribute to the valuation process whenever possible.  At the same time, several comments have shown there is definitely a lack of understanding of the appraisal process.  As appraisers, we could do ourselves a favor by helping with that education.  I have spoken at several real estate company meetings over the years explaining how we work and our purpose in the loan process, and generally have left feeling like it was well received.

Jul 26, 2009 05:42 AM
Charles E. Jack, IV
Charles E. Jack Appraisal & Consulting - Las Vegas, NV
MAI

If we step away from the fantasy world of the past that many are still trying to live in right now, perhaps you can see the most important point here.... 

Doing NOTHING is NOT an Option anymore.   

Millions and millions of people's lives, hopes, and dreams have been ruined by the housing market in large part due to the practices of this industry and the lack of enforcement and prosecution of illegal activities.  As little as I like HVCC, we cannot go back to "business as usual" nor can we repeal HVCC for 18 months and go back to "business as usual". 

Personally I totally agree with Mike's analysis.  Mike may not know it but what he actually said is there is a complete lack of enforcement and prosecution out there in our industry.  I propose to you that the ethically challenged lending, brokerage, and appraisal practices that got us in this mess could have been prosecuted and enforced under a variety of legal avenues available at the time. 

We chose not to undertake such enforcement and prosecution in the real estate industry as well as in the securities market.  And so here we are today in this mess of intergalactic proportions that we attempt to call a housing market and a securities market. 

The gun lobbyists state that additional gun control is not needed - serious enforcement and prosecution of our existing gun laws is needed.  The same can be said for the housing market.  New laws will not fix anything.  Prosecution of bad actors and actresses under the current regime is what is needed.  The diligent and tireless enforcement and prosecution of these bad actors and actresses is what we needed and still need today. 

We do not need new laws and new regulations that do nothing to fix the problem and are provided as unfunded legislative mandates that will essentially go nowhere. 

Charles E. Jack IV , MAI

Certified General Licensed Appraiser - Nevada and Arizona

Licensed Broker / Salesman and Realtor Member - Greater Las Vegas Association of Realtors / Nevada

Jul 26, 2009 08:19 AM
Chad Boyers
The Danberry Co.- Toledo, Perrysburg, Sylvania, & NW OH - Toledo, OH

Mike,

 

Thanks for the great post and the thoughtful, intelligent, respectful answers.  I can see why you are in businees and can feel comfortable charging a higher rate than "discounters".  It's too bad that every profession has a few rotten eggs to spoil the rest.

Jul 26, 2009 05:56 PM
Ed Walter
Ed Walter, Realtor-Appraiser - Safety Harbor, FL
St. Cert. Res. REA #RD1571

Mike, interesting reading and I agree with you on almost everything. However, I do believe that if enough real estate representatives strongly urge their congressional representatives to vote in favor of the moratorium then Congress may actually start to understand what is going on and enact something sensible. I truly believe that most AMC's will fall like flies in a cold freeze with no congressional support since most of the lenders are using congress as a crutch anyway! After speaking with two of the reps in our area, one has decided to sponsor the bill and the other stated in his defense that HVCC wasn't a congressional bill but that he would study it and pass my comments along to other representatives. I have been a Realtor for 32 years, have been a property appraiser for 24 years and have been a state certified residential appraiser since its inception but with HVCC it is almost like starting my appraisal business all over again. I initially got approved to do appraisal work for 6 AMC's but receive NO work from them since they consider my fee too high but they control the majority of the lender clients I had been doing business with for years. Several other AMC's told me my market area is closed to new appraisers until the market picks up or probably until my fees go down. I will survive but for the life of me I do not understand why anyone would want to get into the appraisal business today. Real Estate professionals need to make a stand somewhere to have any standing at all and as they say the journey of a thousand miles begins with the first step!    

Jul 27, 2009 03:59 AM
George Wilson
Lincolnton, NC - Lincolnton, NC

Mike, this is very interesting reading and I agree that our current rules & regs are sufficient, doesn't mean it doesn't need some tweaking. The bottom line is that in any profession you can find those that do as little as possible to get paid. Fortunatley, I haven't had to deal with AMC's as my last  sales were through locally owned/operated banks and they used local appraisers I've used for years. I have heard of local agents who have come up with nightmares when the big bank (BofA for one) used an AMC, who brought in an appraiser from 1.5 hrs away (Lincoln County is still predominately rural in nature and some buyers have to be careful about being down wind,LOL) who mainly does appraisals in the city.

I think what we need more than more rules is upholding the standards we have now & prosecute the ones that choose to ignore them to everyone's dissatisfaction.

Jul 27, 2009 07:46 AM