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Ordering a Second FHA Appraisal: The Rules in HUD 4000.1

By
Mortgage and Lending with www.OneTimeClose.com

2015-33

There are many questions about the FHA appraisal process--we get many in the comments section asking about the nuances of FHA appraisals. One typical question has to do with when a second appraisal is appropriate or permitted. Can a second FHA appraisal be ordered if the borrower or lender doesn't agree with the outcome of the original?

HUD 4000.1 spells out the rules for FHA appraisals including "second appraisal" requirements. They include the following:

"The Mortgagee is prohibited from ordering an additional appraisal to achieve an increase in value for the Property and/or the elimination or reduction of deficiencies and/or repairs required. The Mortgagee may order a second appraisal for Mortgages that are in accordance with requirements on Property Flipping."

FHA policy, based on the reading above, is clear--you can't contest an FHA appraisal simply to get a different valuation on the property. Furthermore:

"A second appraisal may only be ordered if the Direct Endorsement (DE) underwriter (underwriter) determines the first appraisal is materially deficient and the Appraiser is unable or uncooperative in resolving the deficiency. The Mortgagee must fully document the deficiency and status of the appraisal in the mortgage file. The Mortgagee must pay for the second appraisal."

What is the definition of a material deficiency? "Material deficiencies on appraisals are those deficiencies that have a direct impact on value and marketability. Material deficiencies include, but are not limited to:

--failure to report readily observable defects that impact the health and safety of the occupants and/or structural soundness of the house;

--reliance upon outdated or dissimilar comparable sales when more recent and/or comparable sales were available as of the effective date of the appraisal; and

--fraudulent statements or conclusions when the Appraiser had reason to know or should have known that such statements or conclusions compromise the integrity, accuracy and/or thoroughness of the appraisal submitted to the client."

FHA loan rules in these cases are clear--if there is justification for ordering a second appraisal, additional documentation and paperwork is required to show the reasons for the new appraisal and why the original is being contested. Borrowers who feel there is a material deficiency with an original FHA appraisal should discuss the situation with the lender to see what may be required moving forward.

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Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

Great post ! And the original appraisal stands for any future buyers (1rst deal fell thru ) for 120 days ???

Mar 02, 2016 10:44 PM
Bruce Reichstein
www.OneTimeClose.com - Houston, TX
FHA / VA One-Time Close Loans - Nationwide

In general FHA appraisals are good for 120 days. In cases where the original borrower does not purchase, FHA loan rules in HUD 4000.1 state:

 

"Where a Mortgagee uses an existing appraisal for a different Borrower, the Mortgagee must enter the new Borrower’s information in FHAC. The Mortgagee must collect an appraisal fee from the new Borrower and refund the fee to the original Borrower.

If a Case Transfer is involved, the new Mortgagee must enter the Borrower’s information in FHAC. The new Mortgagee must collect an appraisal fee from the Borrower, and send the fee to the original Mortgagee, who, in turn, must refund the fee to the original Borrower."

 

Mar 10, 2016 10:46 PM