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HVCC: Appraiser Last Laugh?

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- Taking Back Control of Your Fees

- HUD Responds: Customary and Reasonable Fees

 

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June 9, 2010   Vol. 199

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Editor’s note: However you feel about the wisdom or the right of your fellow appraisers to work for as much or as little as they choose, the lowest bidder is certainly not the intent of customary and reasonable. This issue is vital to taxpayers, Congress, FHA and appraisers and it’s time for the regulators charged with protecting the public interest to step up to defend a concept they claim to endorse. The following story, excerpted from the new summer issue of Working RE magazine, is a call to action on the issue. The print magazine is now in the mail to 80,000 real estate appraisers. To access the issue now, please click the cover image at left.


Demanding Customary and Reasonable Fees for Appraisers
By David Brauner, Editor


It's time for FHA, Congress and others to step up to defend a concept they claim to endorse. Here's why the issue of customary and reasonable fees are vital to taxpayers, Congress, FHA and you.
 

FHA wrote into recent regulations that appraisers should be paid fees that are conducive to quality work; customary and reasonable is the language they and others use. FHA did this, one surmises, in reaction to a barrage of feedback from appraisers that many AMCs shop for the lowest bidder when choosing appraisers and that this, along with pressure for unreasonably quick turn times, is hurting appraisal quality (see Appraisers Talk, FHA Listens, WorkingRE.com, Library, Issue 23).
 

The concept is widely accepted as important. There is similar customary and reasonable language regarding appraisal fees contained in federal legislation before Congress and in various state bills, enacted and proposed, designed to protect appraiser independence and/or to regulate AMCs.


(story continues below)

 

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(story continues)
 

Quality and Customary and Reasonable Fees

According to the new HVCC Appraiser Talkback Survey: One Year On, with over 2,100 appraisers responding in the first few weeks, 67 percent of appraisers believe that delivering a consistently reliable appraisal product is dependent on being compensated customary and reasonable fees. Yet, only six percent (6%) say that they are receiving customary and reasonable fees from AMCs for appraisal assignments always/often. Twenty-seven percent (27%) say they sometimes receive customary and reasonable fees and 56 percent say they receive them hardly ever/never. (Nine percent (9%) say they don't accept AMC work, two percent (2%) were unsure)   

 

When asked specifically about FHA assignments, since the guidelines went into effect, only 16 percent of appraisers say they receive customary and reasonable fees always/often; 26 percent say sometimes; 38 percent say hardly ever/never.  (Eight percent (8%) say they're unsure, 12 percent say they don't do FHA assignments.)

Is the concept of customary and reasonable valid? The majority of appraisers completing the new survey say it is: 58 percent respond that in their market, most appraisers/lenders and other interested parties know (about) what a "customary and reasonable fee" is for a particular assignment.
 

(story continues below) 

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(story continues)
 

Consumers, Appraisers, Tax Payers Big Losers
The Home Valuation Code of Conduct (HVCC) was intended to reduce pressure on appraisers in the pursuit of more independent, more accurate and reliable appraisals: according to the new survey, only 39 percent of appraisers "agree" that they are experiencing less pressure today to alter appraisal reports, for any reason, than before HVCC was implemented.
 
 

With respect to quality, consider the following results from the new survey:

  • Over 99 percent of appraisers believe that accurate and professionally prepared appraisals are vital to the health of the real estate industry/U.S. economy/home buyers/tax payers. (Who knows better?)

  • 62 percent say appraisal quality has worsened since HVCC.

  • 48 percent answer that low fees are the main criteria for receiving appraisal assignments from AMCs always/often (20 percent say it is the main criteria sometimes).

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According to the survey, 86 percent of appraisers say that their appraisal-related income has declined since HVCC and despite the spin from some regulators and others who assert that current appraiser woes are the result of a bad economy and not HVCC, 83 percent of survey takers attribute the decline in their income mostly to HVCC.

And it's not only appraisers who are faring worse. While appraiser fees have declined, the cost to consumers has risen. Sixty-three percent (63%) of survey takers say they've seen the cost of appraisal services paid by consumers rise.  It's no wonder that 81 percent of survey takers are in favor of terminating HVCC– hardly a ringing endorsement.
 

AMC Fees: Customary and Reasonable?
Most appraisers know what customary and reasonable fees are and it's not the cut-rate fees paid by many AMCs. To back this up, a la mode did a year long fee survey for non-AMC appraisals (see current issue: HVCC: Taking Back Control of Your Fees). The national median fee according to the report is $350 for non-AMC orders. Fees for FHA and certain other appraisals are higher (see WorkingRE.com, Current Issue: HUD Responds: Customary and Reasonable Fees).   

The AMC trade group TAVMA (Title/Appraisal Vendor Management Association) framed this debate almost immediately after the fee survey was made public in Working RE Online News Edition in February, arguing that AMC fees ought to be considered the new standard (i.e. customary and reasonable) because the majority of work is now flowing through these middle-men. As incredulous as this logic may leave you, it is their argument and so far FHA, to their discredit, does not disagree (see HUD Responds: Customary and Reasonable Fees, current issue).


Finally, w
hat does customary and reasonable mean to appraisers? Anywhere from $150 to $250 per assignment. For many, this margin is the bleeding edge of survival as a professional appraiser. Most appraisers agree that a living wage is required to produce complete and well-documented reports.
 

However you feel about the wisdom or the right of your fellow appraisers to work for as much or as little as they choose, the lowest bidder is certainly not the intent of customary and reasonable. I urge you to lobby FHA, Congress and other regulators, who have called for fair pay for appraisers in the public interest, to step up to enforce the intent of the customary and reasonable, if they are serious that the public good requires valuations by trained and licensed professionals.


Appraisal Foundation News: The Appraisal Standards Board (ASB) has issued a second exposure draft with proposed revisions to the 2012-2013 edition of the Uniform Standards of Professional Appraisal Practice (USPAP). Included are proposed revisions to the definitions of "report," "scope of work" and "assignment results." The ASB is accepting public comments until July 20th, 2010. To view the proposed revisions, please visit WorkingRE.com, Sidebar: Second Exposure Draft of Proposed Changes to 2012-2013 Edition of USPAP. Also, the Appraisal Foundation has appointed members to the Appraisal Practice Board (APB) to commence work on July 1st, 2010. For a list of members and to learn more about the APB, please visit WorkingRE.com, Sidebar: Appraisal Practice Board Members.

 

About the Author

David Brauner is Editor of Working RE magazine and Senior Broker at OREP, a leading provider of E&O Insurance for appraisers, inspectors and other real estate professionals in 49 states (OREP.org). He has covered the appraisal profession for over 16 years. He can be contacted at dbrauner@orep.org or (888) 347-5273. Calif. Insurance Lic. #0C89873.

 



New Survey Questions - Click to take the survey now!

1. You have been appraising: 
Less than 5 years, 5 - 10 years, 11 - 20 years, 20 - 30 years, 31 or more years
 

2. You work with appraisal management companies (AMCs):
Always/often, Sometimes, Hardly ever/never
 

3. You have found a sufficient number of AMCs you are comfortable working with and have adjusted to life after HVCC:
Agree, Disagree, HVCC did not affect my business, Not sure/don't know
  

4. You do non-lender, non-AMC work:
Always/often, Sometimes, Hardly ever/never
 

5. You are interested in doing "Appraiser Price Opinions," as long as fees are adequate and they are USPAP compliant:
Agree, Disagree, APO fees are not adequate, APOs are not USPAP compliant, Unsure/don't know
 

6. You refuse work from AMCs when fees are too low, given the scope of the assignment:
Always/often, Sometimes, Hardly ever/never, Fees are typically commensurate for the assignment, Unsure/don't know
 

7. You accept work from AMCs even when fees are too low, given the scope of the assignment:
Always/often, Sometimes, Hardly ever/never, Fees are typically commensurate for the assignment, Unsure/don't know
 

8. You consider having sufficient turn-around time for your assignments to be an important factor in returning competent appraisal work:
Always/often, Sometimes, Hardly ever/never, Unsure/don't know
 

9. You decline assignments from AMCs due to turn-around time requirements that are unreasonable:
Always/often, Sometimes, Hardly ever/never, AMC turn around requirements are typically reasonable.
 

10. You accept assignments from AMCs with unreasonable turn-around time requirements and take the extra time required to do competent appraisal work anyway:
Always/often, Sometimes, Hardly ever/never, Turn around requirements are typically reasonable, Unsure/don't know

 

11. Appraisal quality suffers on AMC assignments you complete due to inadequate turn-around time:
Always/often, Sometimes, Hardly ever/never, Don't accept assignments with inadequate turn times, Turn around requirements are typically reasonable
 

12. Since HVCC, you've seen appraisal quality in general:
Improve, Worsen, Stay about the same, Unsure/don't know
 

13. Since HVCC, you've seen the cost of appraisal services paid by consumers:
Increase, Decrease, Stay the same, Unsure/don't know
 

14. Since HVCC, your appraisal-related income has:
Increased, Decreased, Stayed about the same, Unsure/don't know
 

15. You believe the decline in your appraisal income is mostly attributable to HVCC:
Agree, Disagree, Unsure/don't know, No decline in income
 

16. You are in favor of terminating HVCC:
Agree, Disagree, Unsure/don't know
 

17. You are in favor of AMC regulation:
Agree, Disagree, Unsure/don't know
 

18. You believe AMCs can regulate themselves:
Agree, Disagree, Unsure/don't know
 

19. You believe accurate and professionally prepared appraisals are vital to the health of the real estate industry/U.S. economy/home buyers/tax payers:
Agree, Disagree, Unsure/don't know
 

20. You believe that lenders believe that an accurate and professionally prepared appraisal is vital:
Always/often, Sometimes, Hardly ever/never, Unsure/don't know
 

21. You believe that AMC fees should be paid by the lender or other entity that chooses to use AMC services, rather than taken from appraisal fees:
Agree, Disagree, Unsure/don't know
 

22. You believe refusing to work for unrealistically low appraisal fees could be an effective strategy for raising fees back up to pre-HVCC levels:
Agree, Disagree, Unsure/don't know, Appraisal fees are not lower since HVCC
 

23. You believe a national appraisal "boycott" could be an effective strategy for calling attention to and changing current industry conditions that you consider unfavorable to appraisers:
Agree, Disagree, Unsure/don't know, Current industry conditions are not unfavorable
 

24. You would join and contribute financially to an appraisal "trade group" to advocate for appraiser interests:
Agree, Disagree, Unsure/don't know
  

25. You have trouble getting paid by AMCs:
Always/often, Sometimes, Hardly ever/never, Unsure/don't know, Don't accept AMC work
 

26. AMC staff are generally competent:
Always/often, Sometimes, Hardly ever/never, Unsure/don't know, Don't accept AMC work
 

27. It appears that AMC staff you interact with are located offshore:
Always/often, Sometimes, Hardly ever/never, Unsure/don't know, Don't accept AMC work
 

28. You feel pressure from AMCs "to make a deal work":  
Always/often, Sometimes, Hardly ever/never, Unsure/don't know, Don't accept AMC work
 

29. Since HVCC, your appraisal fees when working with AMCs have:
Increased, Decreased, Stayed about the same, Unsure/don't know, Don't accept AMC work
 

30. Low fees are the main criteria for your receiving appraisal assignments from AMCs:
Always/often, Sometimes, Hardly ever/never, Unsure/don't know, Don't apply for AMC work
 

31. AMCs consider your qualifications and/or the quality of your work product when choosing you for an assignment:
Always/often, Sometimes, Hardly ever/never, Unsure/don't know, Don't apply for AMC work
 

32. You believe that in your market most appraisers/lenders and other interested parties know (about) what a "customary and reasonable fee" (CRF) is for a particular assignment:
Agree, Disagree, Unsure/don't know
 

33. You are receiving what you consider to be CRFs from AMCs for appraisal assignments:
Always/often, Sometimes, Hardly ever/never, Unsure/don't know, Don't accept AMC work
 

34. You believe that delivering a consistently reliable appraisal product is dependent on being compensated for CRFs:
Agree, Disagree, Unsure/don't know
 

35. Since new FHA guidelines requiring appraisers be paid CRF, you have requested and received CRFs on FHA assignments:
Always/often, Sometimes, Hardly ever/never, Unsure/don't know, Don't do FHA assignments
 

36. Since new FHA guidelines requiring appraisers be paid CRFs, you have requested CRFs and have not received them or lost assignments:
Always/often, Sometimes, Hardly ever/never, Unsure/don't know, Don't do FHA assignments
 

37. Things have improved for you since HVCC was implemented:
Agree, Disagree, Unsure/don't know
 

38. Things have improved for consumers since HVCC was implemented:
Agree, Disagree, Unsure/don't know
 

39. Things have improved for the appraisal profession since HVCC was implemented:
Agree, Disagree, Unsure/don't know
 

40. Things have improved for lenders/AMCs since HVCC was implemented:
Agree, Disagree, Unsure/don't know
 

41. You believe no one is effectively advocating for appraiser interests:
Agree, Disagree, Unsure/don't know
 

42. Mortgage brokers should be licensed and regulated like appraisers:
Agree, Disagree, Unsure/don't know
 

43. Mortgage brokers should be allowed to order appraisals directly if licensed and regulated:
Agree, Disagree, Unsure/don't know
 

44. You are experiencing less pressure today to alter your appraisal reports, for any reason, than you did before HVCC was implemented:
Agree, Disagree, Unsure/don't know
 

45. Your appraisal reports are more accurate, complete and free of outside influence today than before HVCC:
Agree, Disagree, Unsure/don't know
 

46. You have been "dropped" from an AMC roster for not meeting conditions placed on you that you felt were not in the best interests of an accurate appraisal: 
Always/often, Sometimes, Hardly ever/never, Unsure/don't know, Don't work with AMCs
 

47. You are in favor of VA-style appraisal panels for all conventional and FHA mortgage lending assignments:
Agree, Disagree, Unsure/don't know
 

48. You believe the banking regulators have been doing an acceptable job in enforcing existing banking regulations that pertain to the use of appraisals at the direct lenders:
Agree, Disagree, Unsure/don't know
 

49. You believe that some of the misconduct that occurs in the engagement and use of appraisals would decline if the government regulators did a better job at enforcing existing regulations:
Agree, Disagree, Unsure/don't know
 

50. E&O Insurance:
You purchase your E&O insurance from OREP/David Brauner Insurance Services,

You purchase your E&O insurance from someone other than OREP, You don't purchase your own E&O but are covered under someone else's policy, You are not covered under any policy, You are covered but would rather not say where
 

51. Please offer any questions we missed or comments you'd like to make.

 

 

New: Comment on this story at Working RE's Appraiser Talkback blog. Join over 1,800 others and take the New Survey: HVCC: One Year On

 

 

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