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Tearing the Heart Out of a Housing Transaction

By
Mortgage and Lending with NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 IL Lic 031.0006220/WI

 


Tearing the Heart Out of a Housing Transaction



     I heard it again just this weekend.  A home's Appraisal came in nearly 25% below the Sales Price agreed upon ($200,000 - $250,000 range).  The news was tearing the heart out of the Buyer, Seller, and their agents.  Heck, the entire transaction!

 

     I ask ...



    Can the market recovery truly establish any solid footing if Appraisals continue to get in the way of a Buyer and Seller's agreement of terms?  Or can the market really rectify and heal itself with prices established by a professional Realtor who knows a  Comparable  from a Seller's "need to sell it at" price utilizing the new HVCC system? 

     It's a fact that many Appraisals are still completed in a timely and efficient manner.  Having been an Appraiser for over 20 years, I have a lot of respect for the efforts of many Appraising professionals still working within the industry.  Right now, Appraising can be one difficult and very challenging gig. 

     It's my opinion that much of the current difficulty surrounding Appraisals is due to the new "process" in which they are performed.  The  HVCC Act  (Home Valuation Conduct Code), was born out of the housing crisis, and the (researched) opinion that complicit Lenders/Appraisers relationships had a lot to do with the inflated property values that occurred throughout the mid-2000's.

     It was determined that, in order to eliminate pressures applied by Lenders on Appraisers to "hit the numbers", a buffer ... the  Appraisal Management Company ... should be established.  The management company receives the Appraisal order and assigns it to:

     A.  Their best available appraiser
     B.  The next one in line
     C.  The Appraiser most local to the property
     D.  The Appraiser with the lowest fees
-or-
     E.  Any or all of the above

     At least in theory, this is what happens.  But ...

     Keep in mind, the Lender (competing with an array of other Lenders), is wanting to keep the costs/fees down for their Borrower.  The Appraisal Management Company (a separate business entity), competing with other AMC's for that Lender's business, also wants to keep a lid on their fees.  Given that the AMC's retain anywhere from 20 to 25% (more or less), of that Appraisal Fee, that leaves a pretty lean amount left over to pay the actual Appraisers doing the work.  

     The HVCC has accomplished some of what it was supposed to do.  It did create a "wall" between Appraisers and Lenders.  It did level the playing field for Appraisers vying for business from Lenders.  And further, HVCC has made it impossible for individual Loan Originators to influence the Appraisal Value by "leaning" on Appraisers.  It's strictly forbidden for Lenders to do so. 

     Many Appraisers have remained within the industry and tackle these challenging appraising assignments on a daily basis.  But stop and consider this ... can they truly be expected to spend the same amount of time working on these assignments as they did on their assignments in the past?  

     Can Appraisers truly be expected to produce the same quality of Appraisal ... knowing full well that they are working under much more scrutiny, a far more defined timeline, working with vast intangibles within the market such as foreclosures and short sales, and doing all it while earning far less pay?  The expectations and hopes for a good Appraisal remain, but I think the many issues that surroundAppraising take their toll. 

     How does this effect the bottomline?  The HVCC Act helps consumers, doesn't it?   Well, in my opinion ... yes and no.

     The benefits are fairly obvious and they match the initial purpose for the HVCC itself.  The negatives are that the HVCC Act can be a terribly flawed process at a time when the market desperately needs experienced, "un-influenced", and fairly compensated Appraisers.  It's an imperfect process, (and dare I say ludicrous at times) given today's challenging housing market Appraisers are asked to work within and assign values to. 

     In a world where "no-appraisal Refinances" are now allowed for Borrowers knowingly underwater, it's my opinion that all Buyers and Sellers deserve a fair shake in regards to their transaction's Appraisal.  Don't today's Buyer and Seller need and deserve the acute accuracy and highest professionalism that can be found within the Appraisal industry?  The answer to that question is a resounding yes!

     Many issues remain to be addressed and improved in regards to Appraisals and the Appraiser's part within today's current housing market and mortgage transaction.  The whole process needs to work far better and much more quickly.  Positive changes must be made for everyone's benefit.  But until changes are made on the Appraiser's behalf, I believe we will continue to see problems arise on a regular basis. 



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Gene Mundt

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Comments(28)

Michelle Francis
Tim Francis Realty LLC - Atlanta, GA
Realtor, Buckhead Atlanta Homes for Sale & Lease

Gene, 

It's frustrating that the market can't set the price.  We just had one that went under contract quickly and did appraise, but it was something we had to wait to hear.  

I have a cash investment buyer who is not going to bother with appraisals, as they are all over the map, with not much scientific going on.

All the best, Michelle

Feb 18, 2013 09:16 AM
Monique Keith
Ahwatukee, AZ
Ahwatukeenulls Favorite Realtor, Buyers Agent with

The joys of the wild card appraisal. It is a tough job to be an appraiser with the liability and stress. I'm glad I'm a Realtor not an appraiser.

Feb 18, 2013 10:26 AM
Marti Steele Kilby, CRS
Steele Group Realty - La Mesa, CA
Broker/Owner, San Diego, CA

I had a low appraisal situation on a purchase for my oldest daughter and her husband.  Talk about stressful!  I knew that the appraisal was too low, and in the 4 months since they closed escrow the comps have proven us more than right.....by a margin of $20K.  In order to get the deal done, they paid the seller an additional $5K above appraised value.

Feb 18, 2013 10:31 AM
Ed Silva, 203-206-0754
Mapleridge Realty, CT 203-206-0754 - Waterbury, CT
Central CT Real Estate Broker Serving all equally

In our state, the sales figures in 2012 were influenced by almost 50% of the market being short sales. That makes it very difficult for a conventional sale to be priced fairly especially by appraisers that are not getting a fair pay for their work.

Feb 18, 2013 10:33 AM
Cliff Keith
SF Bay Homes - Redwood City, CA
Redwood City Real Estate

Your points are spot on. I don't have problems with appraiser in my market place as a rule because we always seem to be in an up market or at worse level. The appraiser is our friend and on most parts are reasonable and are always trying to keep their finger on the pulse of the current market. Thank you for your post it was good.

Feb 18, 2013 10:50 AM
Ginger Harper
Coldwell Banker Sea Coast Advantage~ Ginger Harper Real Estate Team - Southport, NC
Your Southport~Oak Island Agent~Brunswick County!

Great post. One has to keep in mind the goal. Get the house sold....Find the house for the buyer. Keep everything in perspective. Appraiser are only human and they can make mistakes.

Feb 18, 2013 10:56 AM
Kathy Sheehan
Bay Equity, LLC 770-634-4021 - Atlanta, GA
Senior Loan Officer

Great post and definitely worthy of a gold star!  

Feb 18, 2013 10:58 AM
Joan Whitebook
BHG The Masiello Group - Nashua, NH
Consumer Focused Real Estate Services

While we are seeing prices starting to increase, an appraise I spoke with said there will be no adjustment made just yet per the instructions of the lenders.. they are looking for at least 5 consecutive months of increase... So far I have been very foruntate, that the appraisals have come in at or above the contract price.

Feb 18, 2013 10:59 AM
Ellie McIntire
Ellicott City Clarksville Howard County Maryland Real Estate - Ellicott City, MD
Luxury service in Central Maryland
I have had many challenges with bad appraisals the past year. The worst was an appraisal at 50% of the contract value. The same adage of "Real Estate is local" also applies to appraisals. This joker used his Baltimore County mentality to appraise a Baltimore City home. It was a mess and the entire deal fell apart.
Feb 18, 2013 11:26 AM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M

Gene - The appraisals have been an issue before and after HVCC and will continue to be even as the market rises.  HVCC ran many agents out of town and allowed the use of out of town appraisers that mortgage brokers and agent wouldn't have recommended.  Additionally, the banks own many of the AMCs.  How is this good?

Feb 18, 2013 02:28 PM
Lloyd Binen
Certified Realty Services - Saratoga, CA
Silicon Valley Realtor since 1976; 408-373-4411

Gene, with prices increasing so quickly in many areas appraisers have a very difficult time justifying values even if several buyers are prepared to pay above-appraised-value prices.  The real problem is that taxpayers are still on the hook for FNMA/FHLMC losses.  Appraisers (HVCC or not) must be conservative and use past closed sales and not current market values in order to protect taxpayers from further losses.  Just as no-down financing pumped prices up artificially in the mid-2000, today's sub 4.0% rates may be doing the same thing today.  Appraisers can loosen up when taxpayers aren't responsible for mortgage losses.  That's the problem, not the low appraisals.

Feb 18, 2013 02:58 PM
Jesse Skolkin
Independent New York State Certified Real Estate Appraiser - Fresh Meadows, NY

Gene:

I appreciate your respect for the Appraisal industry; however, I'm amazed at the amount of misinformation there is about the Home Valuation Code of Conduct (HVCC).

The HVCC was not a law, but an agreement between the Federal Housing Finance Agency, Fannie Mae, Freddie Mac and the New York State Attorney General (at the time, Andrew Cuomo), which was announced in December of 2008 and became effective on May 1, 2009. (the press release can be found at this link: http://www.fhfa.gov/webfiles/277/HVCC122308.pdf)

The HVCC did NOT mandate the use of AMCs (Appraisal Management Companies) (you can read the 6 page agreement at this link: http://www.fhfa.gov/webfiles/2302/HVCCFinalCODE122308.pdf) but rather the separation of appraisal ordering from those who's compensation was tied to the transaction.  Many lenders, rather than add staff, decided to outsource this function to AMCs.

The HVCC has been replaced by new Appraiser Independence Requirements (AIR) as part of Dodd/Frank and became effective on October 15, 2010 (Presse release: https://www.fanniemae.com/content/announcement/sel1014.pdf, AIR: https://www.fanniemae.com/content/fact_sheet/air.pdf).

 

Feb 18, 2013 07:39 PM
Frank Laisch
Orlando, FL
"The Insurance Guy"

Gene, good topic. these days with so many short sales you never know how they will turn out. I am sure they have a tough job....

Feb 18, 2013 07:46 PM
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Gene, I think appraisers are having a difficult time with stiff competition and having to do more appraisals to maintain a stable income. The value based on a willing buyer and a willing seller to come to an agreement doesn't hold much water anymore.

Feb 18, 2013 10:21 PM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

I have loaned out my money and did my own appraisals and I always leaned toward the conservative...then, as I watched the economy stretch and walk around, I leaned toward the ULTRA conservative...Equity to offset the potential loss must be there....What to do?

Feb 18, 2013 11:43 PM
Susan Thompson-Solomons
Monument Sotheby's International Realty - Solomons, MD
Southern MD Real Estate-Solomons Specialist

The current appraisal procedures continue to put unknowns into virtually every transaction - even those where an appraisal is not being required  - because of the effects on overall prices being received where low appraisals have had to be dealt with just to get the deal done. There are intentions with the implementation of the HVCC that would seem to be a protection for buyers, but the result in reality is one that causes perfectly valid transactions to fall apart due to the large number of appraisals that do not accurately reflect values due to the "process".

Feb 19, 2013 12:11 AM
Erin Erickson
Coldwell Banker Bali Hai Realty, Inc - Hanalei, HI
Erin Erickson

Good topic Gene and important to keep in mind when dealing with a transaction requiring financing contingencies.  I miss my lending days when I could choose my own appraiser, whom I knew was the best in the business, most experienced, and the expert in our local market.  It would drive me insane when I would get an appraisal completed by someone who lives an hour away, who would use comparables from neighborhoods that in no way could be considered like property - usually being used for the sake of bringing the value in higher.  Using HVVC appraisers led to more inappropriate and inaccurate appraisals for our resort market.  Now that I am on the Real Estate sales side of things, I hope they have fine-tuned their issues.

Feb 19, 2013 01:48 AM
Gene Mundt, IL/WI Mortgage Originator - FHA/VA/Conv/Jumbo/Portfolio/Refi
NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 - New Lenox, IL
708.921.6331 - 40+ yrs experience

Michelle:  Frustrating ... a good word for it.  A healthy dose of common sense and effort needs to be used at this time when placing a value on a home.  An appraisal is an opinion, but one that must be based on the best facts available.  Hopefully with more homes selling, this will become an easier process in the near future ...

Monique:  Agree!  Not an easy path to follow to earn a living right now ...

Marti:  Not a scenario unheard of, to be sure.  Many times this is the solution that is offered and followed.  The good news?  Your daughter is now enjoying her new home ...

Ed:  Definitely true!  They are definitely under the gun right now.  Finding that good balance between time needed to produce a quality report .. and the price they are being paid is not easy ...

Thank you, Cliff!  It's great news to hear that your area is doing well .. and that appraisers are handling the market variances well ...

Ginger:  True .. mistakes can be made.  Or at minimum, people having a difference of opinion.  It's why it's so important that agents be allowed to produce "proof" that back up their sales prices ... and that appraisers accept that info and consider it seriously ...

Thanks so much, Kathy!  I hadn't even noticed that this was Featured or the star until now.  Thanks for mentioning it ...

Joan:  There's no doubt that banks are playing it safe and conservatively.  Hard to blame them, given the scrutiny they are under.  Still, the market would heal and progress better if a little leeway were allowed and common sense was in play.  What's the old saying?  Time heals all ... ???

Ellie:  Sad to hear that.  50%??  Wow ...

Christine:  I'm on your side!  The banks owning AMC's is crazy.  Add it to the list, right??

Lloyd:  You're right that there are many issues at play here.  Appraisals are just one.  And I understand how and where appraisers must get there comps.  Adjustments must be made and explained ... and that is where many of the issues arise.  More complete narratives and well-supported adjustments definitely help ...

Jesse:  Thank you for your info.  I was addressing just a small part of the many issues we see arise surrounding appraisals ... on those transactions in which these scenarios are in play.  I provided links to help my readers understand more, should they wish to ... but yours definitely round-out the picture well.  I well understand that Lenders do not have appraising departments, as they once did in fairly large numbers ... the very department I managed for years is non-existent today.  There are many layers to the problem.  Hopefully in the near future, many are tackled and improved ...

Frank:  You're right ... sometimes it boils down to something akin to "the luck of the draw". 

Michael:  You hit the nail on the head, for sure. 

Richie:  You touched upon much of the reasoning behind the current situation.  Banks and Lenders are simply much more conservative and cautious then in the past.  They have to be ... and much of it is merited, given what happened when they weren't ...

Susan:  The implications of this can be very long reaching, no doubt about it.  Easy to understand why the changes were made, but also fairly easy to understand that they have been repercussions because of it ...

Erin:  Being a former appraiser, I know that appraisers CAN do a good job in an unfamiliar market.  The info is there for anyone to use, no matter their locale from which they write the appraisal.  That said, it is harder to tackle an appraisal in a lesser-known market for many reasons.  An extreme effort and amount of time are called for in these situations.  And given the pay scale that appraisers are facing right now, it's easy to see why those things might be in shorter supply.  The whole situation makes you wonder if those that enact and write these laws, acts, and rules/regulations have had any real experience in the area they are trying to "fix".  From what I can tell ... the answer to that is no ...

Gene

Feb 19, 2013 03:19 AM
Nick T Pappas
Assoc. Broker ABR, CRS, SFR, e-Pro, @Homes Realty Group, Broker/Providence Property Mgmnt, LLC Huntsville AL - Huntsville, AL
Madison & Huntsville Alabama Real Estate Resource

Gene, clearly some work needs to be done to help the improving real estate market and the appraisal process along.  Fortunately I've only had one home this year that appraised for less than purchase price, but that wasn't so much an appraisal issue as it was a USDA guideline issue.

Feb 27, 2013 08:44 AM
Gene Mundt, IL/WI Mortgage Originator - FHA/VA/Conv/Jumbo/Portfolio/Refi
NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 - New Lenox, IL
708.921.6331 - 40+ yrs experience

Glad to hear that you haven't faced these issues Nick.  The problems arise here too often ... and that with what I think are a well of pretty good appraisers in place overall being utilized by our company.  But once in awhile ... whoo!

Gene

Feb 27, 2013 11:56 PM