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April 15, 2009   Vol. 169

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You are receiving WRE Online because you opted in at WorkingRE.com or purchased E&O insurance from OREP. WRE Online Edition provides news-oriented content twice a month. The content for WRE Special Editions is provided by paid sponsors. If you no longer wish to receive these emails, please use the link found at the bottom of this newsletter to be removed from our mailing list. 

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New: Comment on this story at Working RE’s new Appraiser Talkback blog. Take the HVCC Appraiser Talkback Survey.

 

HVCC Looms- High Anxiety

By David Brauner, Editor Working RE

Judging by the response to OREP/Working RE’s HVCC Talkback Blog and Survey, it’s high anxiety for many appraisers as the May 1 implementation date for the Home Valuation Code of Conduct (HVCC) looms. Several themes emerge.

One persistent comment is that the HVCC is the beginning of the end for the profession, due to the increased prominence of AMCs and low fees, accelerated turn times and a general disregard for quality appraising. Another is that no one can force anyone to work for a fee they feel is too low and that if enough appraisers refuse, things will change.   


The response to the Talkback Blog/Survey is overwhelming and emotional. We picked a few representative comments to include below along with reader feedback to Working RE’s current cover story by appraiser and AMC operator Paul Chandler, MAI.
Many of you were not happy with the story, to say the least.  You can read the story at WorkingRE.com (Current Issue). You’ll find many more comments posted at the Talkback Blog.  

(story continues below)

 

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(story continues)

“Appraiser Rater” of AMCs
Appraisers who have responded so far have mostly angry words about AMCs and the HVCC, as they see their businesses and careers threatened. Over a third of survey respondents took the time to also express their personal experiences working with AMCs. We’ll share comments with you on an ongoing basis as well as publish the survey results. Several readers suggest additional questions, a few of which have been added to the survey.

Several readers requested a way for appraisers to exchange feedback on AMCs, so they could make more informed decisions about choosing who to work with. So, you'll find an area for this purpose at the Talkback Blog called Appraiser Rater: AMC Ratings by Appraisers.  Many appraisers say that they intend to take back control of their profession and their businesses by working with only the AMCs that treat them fairly and by avoiding the ones that don't. AMCs are competing with each other for business, so supporting the best, these appraisers feel, might help transform the landscape. 

Survey results and analysis will be published throughout the year as more appraisers weigh in. We encourage all appraisers to provide feedback by completing the survey- so every voice is heard, not just the loudest. You can find links to the Talkback Blog and Survey below and at WorkingRE.com or OREP.org.

(story continues below)

 

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(story continues)

Update: NAMB Retreat
The National Association of Mortgage Brokers (NAMB) has withdrawn its suit to block HVCC. The NAMB press release calls the retreat a “strategic maneuver.” A close reading of the Code finds that brokers really aren’t removed from the process as many have claimed: they can still order appraisals through AMCs as long as the AMCs are chosen by the lenders. For a clear and concise Q&A on the Code that separates fact from fiction, see WorkingRE.com, Sidebar: Freddie Mac HVCC Q&A. Also find in Sidebar: NAMB withdraws HVCC Suit.


 
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Summary

Below is a sampling of reader feedback on WRE’s current cover story- HVCC/AMC's-Change Equals Opportunity and, further down, on the HVCC and AMCs. To summarize, most appraisers feel the HVCC will not solve the problems it was intended to solve and that the forced insertion of AMCs into the process will diminish the appraisal profession. And that the only way to fight back is to refuse unreasonable fees and turn times.

 

Reader Feedback: HVCC/AMC's-Change Equals Opportunity
(You can find this story at WorkingRE.com, under Current Issue)

 

“And suddenly, where appraiser's used to give a rip about what their long-term client had to say about the quality of work and attention to detail, now, they're only going to be worried about quantity, not quality.” - Carl Thurber

 

You made the point that as soon as an appraiser hires someone as an assistant, it's foolish to complain about an AMC paying lower fees. Did it occur to you that the whole point to paying an assistant is to increase the amount of appraisals to bring in more revenue, thereby offsetting the cost of the assistant and ultimately make more money?  I guess the economist in me doesn't understand how hiring an assistant, thus increasing the cost of doing business, while at the same time decreasing the amount of revenue by working for an AMC, is a good thing.  

 

I have worked with two different AMCs over the course of the last 18 months. Based on my experience with these two companies, I have concluded that the ultimate reality will be that AMCs will at some point send the work to those appraisers with the lowest quoted fees.  It’s only natural in a competitive business environment. With an influx of newly licensed appraisers in the market who are used to getting a low split with their trainer, suddenly, I can't compete with $125 fees.

 

I realize that AMCs are here to stay and I realize the need of the larger nation-wide lenders to streamline their work and be able to manage their business. Your comment about one-man shops is understandable but misses a larger point. What happens down the road when the appraisals simply turn into nothing more than a glorified AVM?  You as much admitted this ultimate reality near the conclusion of your article when you stated that, "It is the service level execution on thousands of transactions per period that defines success for AMCs and their clients." 

You've left out one very important element here- the borrower! I think they would have a thing or two to say about "wham-bam-thank-you-ma'am" appraisals which will ultimately be the result of the "profession" over time.  I'm not advocating for anyone here except for myself as a consumer of loan services for my own house.  I want to know that if I take better care of my home, have superior elements of design and amenities, whatever appraiser shows up at my house to do the appraisal had better be more concerned about what a typical buyer would pay for my house and not so much worried about how to avoid a request for more comments from some automatically generated data field analysis from an AMCs' software program.  

 

You know it and I know it.  And everyone in the game knows that we all know it.  At some point the appraisers are going to realize that even though AMCs provide wonderful services for their clients, as you so glowingly point out, they're doing it all on the backs of the appraisers. And suddenly, where appraisers used to give a rip about what their long-term client had to say about the quality of work and attention to detail, now, they're only going to be worried about quantity, not quality. 

How long before appraisers learn how to simply include only the data that will not generate a review or get flagged for additional comments and not go out and get the data that will truly generate a fair and honest estimated market value for the customer?  Anyone who has access to Zillow and the County Assessor can do an AVM by simply locating the sales that have closed in the last three months and are located within a one mile radius and match the size and age of the subject property.  Furthermore, what exactly is my expertise in appraising proposed luxury homes worth to an AMC when they have any number of less qualified, less experienced appraisers on their roster who will do it for less?  The law of unintended consequences will undoubtedly rear its head at some point down the road. And then what? 

 

Ultimately, I know I'm fighting a losing battle here. I have several friends who are MDs and practicing medicine. None of them has one good thing to say about HMOs.  Not one!  They are the bane of the industry.  Non-licensed bean counters making medical decisions has not been good for the industry. The current HMO system is a far cry from what they were originally supposed to be and I can't help but think that the HVCC and AMCs will ultimately do to the appraisal business what HMOs did to the medical industry.  Sure, there are some good ones but can anyone really say they're satisfied?  Being forced over to your side of the fence at the end of a regulatory pitch fork is most unappealing and will undoubtedly leave me with a bad taste in my mouth. 

 

Five years down the road, not only as an appraiser, but as an investor in real estate and participant in the market, I don't see good things coming from this.  I guess I should be asking: "How do I start my own AMC?"  - Carl Thurber

 

>> 

 

“I fear the day when most appraisal assignments are dominated by large appraisal management companies and the monopoly they will have to cut appraisers' fees to whatever they want and the minor role good appraisers will have in determining their own destiny.” - Robert Dixon 

The scenarios presented by the author are distorted and do not tell the true workings of AMCs as they relate to the everyday appraiser. The typical AMC does not assign the work based on who is most capable of doing the appraisal but it is based mostly on who will do it for the lowest fee and the quickest turnaround time. The administrative work required (phone calls, emails, updates and misinterpreted/disregarded correspondence) far exceed current non-AMC assignments.

Experience tells us that an extra step along the way creates more confusion, misunderstanding and longer resolution to problems. I have spoken to many appraisers and am still looking for that "hassle free" AMC. This is the reality of the work assignments. It would seem to me that the HVCC was not enacted to produce this type of appraisal environment. In fact, it would seem that this would have a similar, if not worse affect on collateral valuation and the future of lending.

 

I fear the day when most appraisal assignments are dominated by large appraisal management companies and the monopoly they will have to cut appraisers' fees to whatever they want and the minor role good appraisers will have in determining their own destiny. Sounds like big business licking their chops to me and less like a sound decision to resolve a problem in the industry. - Robert Dixon 

 

>>


When the AMC is performing such tasks as doing my research, typing my reports, etc., I will be happy to share a portion of my fee with them.” - Kim Knezevich

 

Upon reading HVCC/AMC's - Change Equals Opportunity, I am compelled to write to address two main points of your article which are very troubling for their illogical nature:

 

1)  You state that while AMCs pay less than a full appraisal fee, they also perform many other services for the portion of the fee kept, and list nine bulleted items/categories of services.  Upon reading your list of services, it was evident that absolutely none are services to assist the appraiser- they are all lender services. It is illogical, then, to justify an AMC taking a portion of the appraiser's fee to provide managerial/clerical services that are the lender's responsibility.  In other words, without the existence of the AMC, the lender would have more staff, which the lender would be responsible for paying, and the lender would pay the appraiser the full appraisal fee. The problem with AMCs is that they shift lender costs onto the shoulder's of appraisers who have not seen a fee increase in the 18 years I have been in the business. When the AMC is performing such tasks as doing my research, typing my reports, etc., I will be happy to share a portion of my fee with them.

 

2)  You state that once any appraiser hires a second appraiser or research assistant and pays that person a portion of the appraisal fee, the foolishness of the "less than full fee" argument is apparent. Not so! There is nothing invalid about the "less than full fee" argument. When an appraiser hires a research assistant, it typically would mean the appraiser's volume will increase and they will make more money, thereby more than offsetting the cost of the assistant, and when an appraiser hires another appraiser and pays them a portion of the fee, that newly hired appraiser is doing the work, or a portion of the work, commensurate with the fee split, and the balance is passive income generated for the owner/appraiser.  - Kim Knezevich

>>


Profit margins give opportunity to fledglings who require the mentoring that only this type of relationship can offer. Take this article to its extreme and any critical thinker will see a severe shortage of appraisers in years to come.” - Mark Konar

 

After 26 years, it can easily be documented that the quality level and amount of time it takes to produce a report has increased; no one can argue that this is all for the best. With this also comes an increased cost for data and the many services that an appraiser uses. Add inflation and even without an AMC taking a portion of the fee, the profit margin has decreased dramatically.

 

For appraiser's to stay profitable, which is the means of staying in business, fees need to be increased, not decreased. The cost should shift to those who benefit and can afford it the most.

 

#1) Profit margin gives the appraiser the ability to focus their time on production, delegate research work, verify data, pre-writing reports and office management, which is still present even when working with AMCs.

 

#2) Profit margins give opportunity to fledglings who require the mentoring that only this type of relationship can offer. Take this article to its extreme and any critical thinker will see a severe shortage of appraisers in years to come. 

 

#3) Profit margins are a necessity for a variety of reasons. They give the ability to stay in business. They attract educated professionals to replace those who retire. Lenders demand quality and quality comes with a price. AMCs will not work for free nor would I expect them to. Either the lenders should pay for their services or the borrowers or they can divvy it up. But to keep demanding more for less is a recipe for disaster.

 

I also take issue with the comment, "One 100,000 one man shops are not a profession."   Are doctors or lawyers, who have private practices, not professionals?  Are independent appraisers who take work from AMCs still not one-man shops? Are there employees or do they receive 1099s? Do AMCs provide benefits? Do they pay for the data, the upkeep of appraiser’s cars and equipment? - Mark Konar

 

>> 

 

In my opinion AMCs diminish the appraisal profession. Try explaining an appraisal problem to a telephone clerk living in another state. I cannot afford to live on AMC fees AND deliver a professional report. So much for an "independent” fee appraiser.  - Michael McCully

 

>>


I think they should be called LMCs (Lender Management Companies), as it is the lenders, brokers and others who need managing, not the appraisers, and we should not have to share our fees, they are paid for by the borrower before we even call the contact person for access to start the appraisal process. H. Rawie - 34 years experience appraising

 

>> 

I will refuse to accept an AMC appraisal request that does not meet the time and effort required to complete a professional report. If a significant number of appraisers would do the same, perhaps there would be realization that we will not work for "peanuts."  I am a one-man shop and also do appraisals for individuals and relocation work.  I can survive without the mortgage work but my income will be less. All my marketing efforts- business contacts over 25 years, will be worthless come May 1. Future mortgage work will not be dictated by one’s efforts now but some AMC who will be looking for the cheapest appraiser with the quickest turn time. A question I have is how will those who have staff appraisers and have a split fee arrangement going to survive in this coming environment? – John Digames

>> 

 

When I began appraising almost 20 years ago, most of my assignments came from AMCs. I soon found that like everything else, there are the good, the bad, and the ugly.  Sometimes I think we over react to the ongoing changes imposed upon us and they are many. In many classes I hear the fears, which I share, that our profession is finished.  I think we will adapt and we will prosper if we remain calm. Work for the good AMC companies and not for the bad.  Above all, do not make rash decisions about leaving a great profession. - Russell E. Snow

 

>> 

 

I must say very loudly that AMCs can be forced to pay all appraisers a full fee for all appraisal reports...but only when all appraisers are unwilling to accept the (low) fees. - Craig Scheffler

 

>>


I will not bend or fold to any AMC or other entity forcing me to loose my income. I am a grown man and do not need to be managed. Just like many others I can be honest and do an honest job. The appraisers did not cause the decline or collapse of the real estate market. Remember, if no one does the appraisal for pennies then we control the outcome. It takes years to become an appraiser and that means they have no choice but to pay for your professional service. Everyone else in real estate gets paid fairly and super fairly, attorneys agents, brokers, the banks with closing fees. Our job is the most important, so don't pay me and do it yourself. - Anthony Morell

 

>> 

 

In the last few months I have joined or been invited to be included on the list of a few AMCs. The following are some examples of what I have experienced. My first assignment for this particular AMC was scheduled at 9:00 a.m. At 9:15 a.m. I received a phone call asking whether or not I had done the inspection. The turn times on ALL of the assignments that I have been given are very unrealistic (for me anyway), and I get points reduced from my overall score. I guess if you drop below a certain score they won’t use you any more. I feel threatened on every order by verbiage listed in the request, “Failure to meet the deadline could result in less assignments in the future,” and “Your compliance is required in order to insure future work.” 

 

I have been offered assignment for as low as $170, which I have refused. On the assignments that I do accept, I am making on average $150 less than I typically would have made.

 

I have had to deal with some AMC's version of Quality Control- here is a great example: I did a 1,600 sq. ft. two-story with an 800 sq. ft. basement which I had checked as being a full basement. The AMC clerk calls me to ask why I marked the basement as “full” when it is only half the size of the stated GLA.

 

I have been self employed for 10 years and I made decent money. I try to do about 15 appraisals a month out of my own company. Now, I am an employee with no benefits doing more assignment in order to make the same amount of income.  I am not sure if appraising can still be called a profession. 

 

As appraisers, we can make a difference if we refuse the fees offered and we refuse to be bullied into rushing our work. I know appeasers can do work very quickly but I need time and apparently that is something I am running out of. - Jim Gibson

>>

 

Regarding AMCs, this (HVCC) is a cure that is far worse than the disease. I don't know about your AMC but many if not most are all outsourced to the Philippines and India. These “phone grunts” are screaming at appraisers to take rear photos on drive-by assignments and they will open up your appraisals and make changes and nag you around the clock to submit your appraisal within four hours of inspection!  Non-appraisers from other countries reviewing appraisals; this is just illegal. I got paid $80 to do a review of a property in West Los Angels with new comps, where massive prior appraisal fraud was involved. That was the most difficult assignment I have ever done and I got $80. That took me several days to do. AMCs will pay you without regard to the complexity of an assignment. They are in it for the money. They will pay absolutely as little as possible, force you to pay enrollment fees, and then pay you nine months out. What a hideous occupation this has become. - Matthew Schwartz

>> 

 

I would not be opposed to AMCs - although I might choose not to work for them - if they were subject to the same licensing requirements that appraisers are. There is currently not a level playing field and AMCs bend or break the laws (in my experience) just as much as mortgage brokers ever did. That said, laws and regulations that aren't enforced are worthless. I am afraid that until banks and investors truly want to know what the value is, appraisers will not command the respect we deserve. At the moment, most appraisals are just another piece of paper in a loan file and all anyone cares about is the number - whether it is a valid number or not.

 

>> 

 

Where is the training for the other participants in the loan process? Why aren't brokers, lenders, originators, processors etc. required to take classes, pass exams, and be licensed by the state? I don't want more government or more regulation but I don't want the appraiser to be the only one in the process subject to licensing. Who makes the least in the transaction---the person regulated the most. What's wrong with that picture? I am relocating to another state soon and do not plan to renew or transfer my license. Why should my prices be "fixed" by the AMC rather than the free market? If you want me to take more classes, pass more exams, get additional experience, do additional work (MC1004), then isn't it reasonable for my fees to increase?

>>

 

The appraisal profession is in trouble because the lenders created this mess and now they want appraisers to clean it up with all of these unnecessary forms and misguided oversight. The bad actors should be arrested and put in jail.


>>

 

I want to know if appraisers would favor an informal association and means of communicating on issues we have in common. e.g. standing up for higher fee splits and better treatment from AMCs.

 

>> 

 

Note that HVCC will not change anything about appraising. Appraisers report data. They do not make lending decisions. Fix the lending decision and you will fix the problem.

 

New: Comment on this story at Working RE’s new Appraiser Talkback blog. Take the HVCC Appraiser Talkback Survey.

 

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