How to Limit Liability, Maintain Independence, & Fight Influence

“I enjoyed this webinar and speaker very much. I plan to listen to the next 3 webinars as they are available. Richard Hagar is an excellent speaker. Well worth the expense, I wish I could get the rest of my appraisers to invest the time. Good Job.”  – Bob, SRA

 

How to Limit Liability, Maintain Independence, & Fight Influence

 

Appraisers have been pushed around long enough–and now’s the perfect time to learn how to protect yourself and stand up against coercion and influence. Not only because it’s right, but because an appraiser who allows his report to be influenced also becomes guilty of a USPAP violation.

The many AMC and lender requests, questions, and coercive attempts at influencing your report are both illegal and potentially very expensive, not only for them, but for you.

Increased enforcement means two things for appraisers.  First, Appraiser Independence is being strictly enforced and those AMCs and lenders that attempt to influence appraiser reports are subject to incredible fines and
penalties. Second, AMCs and lenders are now required to turn in appraisers for USPAP violations, so an increasing number of appraisers will be turned in to government agencies when AMCs detect USPAP failures.

In this three (3) part series, Richard Hagar, SRA, discusses the new federal laws that require lenders and appraisers to report violations of laws, rules and guidelines. A failure to report violations will result in fines of up to $10,000 per day, per person. Now is the time to learn how to stand up for your rights as an appraiser and how to protect yourself from pressure and coercion that could place you in violation of USPAP and other regulations. To read more about Richard Hagar, click here.

How to Limit Liability, Maintain Independence, & Fight Influence

Part 1: Technicalities: Fines and Laws

This webinar will teach you the laws and penalties that Banks, AMCs, and appraisers are subject to under the new regulations.

Learn about the new laws that enable fines of $10,000 per day, per person. We will also provide a list of agencies that require “appraiser independence” and applicable text from their guidelines. Why should appraisers care? If appraisers know the laws, they can use them for their own protection when dealing with out of control AMCs or lenders. There’s nothing like a violation of the appraiser’s independence, backed up by the reality of a massive fine, to get a bad AMC off your back.

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Part 2: Independence and Customary and Reasonable Fees

State and Federal law requires that appraisers and the appraisal process must be independent from influence, coercion, and pressure. Many of the common requests from AMCs are actually illegal attempts at coercion, influence or, pressure. Once appraisers understand what is illegal or a prohibited practice, then they can fight back and turn law breakers in to the government for prosecution

Also, part of “appraiser independence” is the requirement that the appraiser must be paid a “customary and reasonable” fee for their services. The second half of the class will explain the requirement, how easy it is to comply with the law, and how an institution can check for compliance. HUD’s policy statements along with excerpts from Title XIV are included in this section.

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Part 3: Reporting and How to Fight Back

Anyone who becomes aware of a USPAP violation must turn the offender into the government or face fines of $10,000 per day. Banks can also be charged a $1 million dollar fine for violating Appraiser Independence. In this module, you will learn what violations must be turned in, where they must be reported, and the form and format used for reporting.

You will hear real world examples of appraisal violations that will be reported going forward. As a result of this new requirement, we expect that the number of appraisers will decline and that institutional resources will be heavily burdened by reviewing appraisals. During the last quarter of the year, more than 2,000 appraisers were turned in to the FBI and state agencies.. Learn how to protect yourself, and stand up and fight back against AMCs and lenders here.

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Watch this recorded three-part webinar at your convenience!

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