Fighting for HVCC Reform: Mr. Ernst Goes to Washington
by David Brauner, Editor
Darwin Ernst,
SRA is going to Washington D.C. next month to meet with members of Congress
to provide critical input
on financial reform legislation which may ultimately have a significant impact
on the current Home Valuation Code of Conduct (HVCC): if you're wondering why
you should care, read on.
Ernst is going
to Washington D.C. as part of the Appraisal Institute's annual Leadership
Development Advisory Council (LDAC). This group of practicing appraisers, who
are all affiliated with the Appraisal Institute organization, will be discussing
legislation currently under consideration and gathering input for Congress to
help ensure that meaningful financial reform legislation is crafted. According
to Ernst, his team of real estate appraisers, acting as lobbyists on Capitol
Hill for the day, will be meeting with Senators Max Baucus,
D-Mont, Jon
Tester,
D-Mont, Amy
Klobuchar, D-Minn, Al Frankin, D-Minn, and Representatives Denny Rehberg
(R-MT), and Collin Peterson (D-MN).
Ernst, who also sits on the Montana Real Estate Appraisal Board, is taking
results from the first Working RE/OREP HVCC Appraiser Talkback Survey
with him to share with participants of
the Appraisal
Institute's meeting.
The survey, which has been out for about one year and has just under 5,700
respondents, provides appraiser feedback on the consequences of HVCC.
Some key results are: over half of the appraisers working with AMCs report that
they continue to feel pressure to "make a deal work" at least some of the time;
most say appraiser selection by AMCs is based solely on the lowest fee much of
the time and a majority report feeling consistent pressure from AMCs for low
fees and quick turn around and that this pressure adversely effects appraisal
quality (for more, read HVCC Survey
Results: Appraisers Still Feel Pressure, WorkingRE.com, Current Issue).
In the new Working RE/OREP HVCC Talkback Survey, HVCC: One Year On, 60
percent say appraisal quality has worsened since HVCC. This new survey, which
has been out just a week, already has just over 1,000 participants.
You can make your voice heard on HVCC, AMC regulation, customary and reasonable
fees and much more by participating (find survey questions and links to both
surveys below).
"I want to be clear that I am relating my own personal opinions and do not
represent the interests of the Appraisal Institute or the Montana Board of Real
Estate Appraisers. I personally believe the HVCC has negatively impacted the
quality residential appraisers within this nation," says Ernst. "The GSE's
requirement to use non-regulated AMCs to provide 'independence' for appraisers
is a failed attempt at positive financial reform. The poorly written HVCC has a
potential to cause further damage to the public, who are in support of quality
financial reform and quality appraisal services. I will share the survey data
with my fellow appraisers as a way of encouraging debate regarding beneficial
financial reform legislation."
As reported in Working RE Online News Edition (February 17, 2010), H.R. 4173,
which has passed the House, has numerous appraisal provisions including the
termination of the HVCC and language in support of appraiser independence and
customary and reasonable fees for appraisers. The Senate is taking up its own
bill, the Restoring American Financial Stability Act of 2010. However,
none of the appraisal provisions from 4173 have made it into the Senate version,
according to Bill Garber Director of Government and External Relations,
Appraisal Institute. The hope is that the appraisal-related provisions will be
added back to the Bill in the House-Senate Conference Committee. This is why it
is a critical time for appraisers.
"The HVCC is falling very short of protecting the public's trust in my opinion,"
said Ernst.
"Similar to the legislative reform efforts within Title XI, which mandated
regulation without providing funding, it appears the GSEs have followed a strong
lobby effort and promoted the use of AMCs and BPOs without providing for their
regulation."
If you completed the HVCC Talkback Survey pat yourself on the back for
contributing. If you have not, you can make your voice heard by participating in
either survey here:
First Survey:
HVCC Talkback Survey
New Survey:
HVCC - One Year On
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.