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Important
announcement ACI-Day One users
(www.workingre.com)
Best
of Show – Taking Appraisal Industry Pulse
by David
Brauner, Editor WRE
Here is the best of show from the recent Valuation 2005 conference in Las
Vegas and the latest on the issues that affect your business most– new
forms from Fannie Mae, AVMs, 2006 USPAP, Scope of Work, identity theft,
fraud, the future, negativity and more.
Fannie Mae’s New Forms
If you need help understanding how to use the forms,
there are many courses being offered.
The best advice about the forms is to get used to
them, they are here to stay. Fannie makes it clear that while they may be
modified in the future, no major revisions are in the works.
Both Sides Now
Fannie says the changes are intended to hold appraisers
accountable for the quality of their work and to combat fraud. Appraisers say the changes unfairly shift liability onto their
slender shoulders.
(story
continued
below)
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(story
continued)
Meanwhile, Fannie makes it clear that they are not accountable to appraisers; in their
view, it’s the other way around. Fannie is accountable to their
lender-clients and that is who the forms serve.
For Fannie-sanctioned verbiage to
"fix" Cert. #23 (Intender User), a Q&A from Fannie on the
forms, appraiser reaction and other stories, see links below.
Future (Looks Bright)
Insiders agree that
automated valuation reports (AVMs) have done most of the damage they are
going to do in replacing appraisers; the worst seems to be over. Rather,
the pendulum is swinging back toward a demand for more complete reports by
appraisers; toward expertise and professionalism. The trend is to put
technology into the hands of the experts (appraisers)- to empower rather
than replace them.
It is
more likely that AVMs will be integrated into reports under the
watchful eye of appraisers, who will use the technology to increase
productivity and accuracy– once they are comfortable with the product.
Some in fact, are doing so today.
Rather
than replacing appraisers, the theme of emerging technologies is to put
more decision making into their hands. These technologies allow appraisers to become more proactive,
leverage their expertise and avoid the pressure for values and fees associated with form-filling work. (story
continued below)
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(story continued)
Fraud
and Identify Theft
According to
John L. Gray III, Vice-President of Fraud Detection, Aurora Loan Services,
a thief needs little to steal your identify and forge an appraisal- not
even your signature. All they require are your name and license number,
which can be lifted from the Appraisal Subcommittee website.
As reported last issue in WRE, "Fraud or Incompetence" (link below), the incidence of fraud is skyrocketing, with
brokers, agents, and appraisers being caught, convicted and doing time. As
confidence in the profession plummets, all appraisers are feeling the heat.
Some of the changes to the Fannie forms that are causing appraisers the
most grief, for instance, are at least in part a reaction to the rampant fraud
sweeping the nation.
Rhonda Heilig, Special Agent for the Federal Bureau of Investigation
(FBI), recounts a case she handled in which the guilty appraiser was
convicted and is serving a seven-year sentence. Heilig, who overseas the
Cyberbanking, Mortgage Fraud and Identity Theft programs for the FBI,
emphasizes that in Federal cases there is no parole, so this appraiser
will do the full stretch.
Heilig looked out at the audience of appraisers and
said (presumably to the guilty), “If you wind up in one of my cases,
I’ll put you in jail.” Those of us present had no doubt she meant it.
USPAP
USPAP is
changing in 2006, including an overhaul of Scope of Work reporting
requirements and an end to the often misunderstood “Departure
Provision.” The new version of USPAP will be available January 2006 but
the changes are not effective until July 1, 2006. This provides
time for people to become familiar with the revised USPAP, according to
Danny Wiley, speaking on behalf of the Appraisal Standards Board (ASB) of
the Appraisal Foundation.
The
plan is for the new version of USPAP to run from July 1, 2006 until December 31,
2007 (18 months) and then to convert to a two-year publication cycle.
What
do Intended
User &
a Sport Coat
have in Common?
Wiley shed some
light on the Intended User issue as well– with his sport coat. The coat
he was wearing has a label that reads “Size 44R,” which he points out
is meant to accommodate a wide range of users– namely anyone who is a
size 44R. Many appraisers take the same approach to writing appraisal
reports, he says.
"On
the other hand, the sport coat I had intended to bring to the meeting has
a label that says ‘Made for Danny Wiley – Customer 8072.’ Such
a label makes it clear that the coat is made specifically for me,” Wiley
said.
"Equally important," he continued, "is that the label serves as notice that it is not
intended for use by anyone else. One sleeve is slightly longer than the
other, etc. Now, some other party might pick up my coat and even manage to
look good in it or use it to stay warm. But that does not change the fact
that I am the only ‘Intended User.’ Because so much of the focus in
real property appraisal is on appraising for lenders, we appraisers often
write reports that are ‘44Rs.’ If we get a non-lender client, we
tend to include a lot of material that really isn’t needed because we
forget to write for our identified audience. It is often more
efficient for an appraiser, and more beneficial to the Intended User, to
focus on customizing the report,” Wiley said.
Real
World
I spoke to an
appraiser of 33 years who listened to presentations by both Mark Simpson
of Fannie Mae and Danny Wiley of the ASB. He said he still has no clue how
to deal with Cert. #23 nor does he understand Scope of Work (old or new).
He said he did learn one thing, however: that the comp checks he routinely
performs for lender clients- which often include a verbal or written value
range or indication of value, are a violation of USPAP. Better to learn late than never, he
says.
Over
lunch, one appraiser shared his own refinance story, which made most of us
shake our heads. An out of state appraiser, hired by a
management company, called him explaining he was handling the appraisal
for the refinance and asking our speaker to describe the inside of his
house and any improvements. And oh, would he mind also snapping a few pictures
of the interior and exterior and emailing them along? Our speaker, who did
not reveal he is an appraiser, complied and the refi is booked.
(story continued below)
(story continued)
Don’t
Bring Me Down
Finally, every
show provides one comment that takes me by surprise because it rings so true. This time the
comment is from Clark Gimple, IFAS of Texas, in real estate and appraising
over 40 years. He said he is tired of all the negativity in the industry
and worries that it is doing serious damage to the image of the
profession.
“Appraisers badmouthing their own are fanning the flames and putting the
profession in danger of losing its already damaged credibility,” Gimple
said.
"You don't hear accountants, lawyers and doctors emphasizing the
negatives in their profession. Even if they have contempt for
one another, there is a professional code not to talk dirt in public. Appraisers
should take a lesson from that playbook. Also, mortgage brokers, lenders,
appraisal management companies and other clients need to know that like
doctors, lawyers, etc., the appraiser is in charge of the appraisal. Do
other professions allow their clients to set appointment times,
turn-around times, fees and such? And you wonder why you get no
respect.”
About the Author
David Brauner has covered the appraisal industry for
over 14 years. He is editor of Working RE Magazine and a senior insurance
broker at OREP (www.orep.org),
specializing in E&O for real estate professionals nationwide. He can
be reached at dbrauner@workingre.com.
If you enjoy WRE Online, please
forward to a colleague
using the link below..
Comments, experiences and suggestions are
welcome dbrauner@workingre.com
New:
Help
Wanted/Available - Trainees-Mentors (bulletin
board)
Advertising
inquiries: David Brauner, Editor. dbrauner@workingre.com
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