Real Estate Appraisal Forum

appraisersforum.com logo
The Premiere Online Community for Real Estate Appraisers!
 Fastest Way to Find a Real Estate Appraiser Enter Zip Code:
 
 
Go Back   Appraisers Forum > Real Estate Appraisal Forums > Fannie Mae, Freddie Mac, USPAP
Register Help Our Rules Calendar Archives Mark Forums Read


Closed Thread
 
Thread Tools
  #1  
Old 09-28-2007, 04:27 PM
Mike Phillips Mike Phillips is offline
 
Join Date: Dec 2004
Location: Orlando, Florida
State: Florida
Professional Status: Certified Residential Appraiser
Posts: 1,908
Default Sit Down Before Reading This

EVERYBODY BETTER SIT DOWN BEFORE READING THIS:

from USPAP Q&A, September 2007. Volume 9, Number 9.

(parts deleted by MP)

Approving the Use of Your Digital Signature

Question:
I am in a situation where I need to authorize someone to apply my digital signature for me. This would require me to reveal my current Personal Identification Number (PIN) or password to that person. If I approve this use of my digital signature have I given up “sole personal control?”

Response:
No. Such action does not constitute a relinquishment of your digital signature or personal control, and is not a violation of USPAP.

Providing Signature to Create a Signature File

Question:
I am a residential appraiser and I use software to generate my appraisal reports. The software company requires me to provide a copy of my signature to create an electronic signature file for use with the software. Under USPAP does this represent giving up “sole personal control” of my signature and violate USPAP?

Response:
No. This situation is analogous to providing a copy of your signature to a rubber stamp company for purposes of creating a signature stamp. Common business agreements in these situations limit use of the signature to creating the signature image. In providing a signature to a software company or rubber stamp company, the appraiser is not authorizing use of the signature.

Losing Control of a Digital Signature

Question:
If my digital signature is stolen, am I in violation of USPAP for failing to have “sole personal control” of my signature?

Response:
No. Unauthorized use of the appraiser’s signature is not a violation of USPAP. If the appraiser’s digital signature is stolen, the appraiser is the victim of a crime. Any use of the signature is not authorized and beyond the appraiser’s control. This is analogous to a party who uses an appraiser’s rubber signature stamp without permission from the appraiser, or a party who simply puts pen and ink to paper and forges an appraiser’s signature. In these cases the appraiser did not give permission to use his or her signature.

Client Altering the Report

Question:
When I transmit my residential form report electronically I have heard that some of my clients are opening the appraisal file and removing my signature file, reformatting the data, and in other ways altering my appraisal report for the client’s use. What are my responsibilities under USPAP if I know or believe such actions are occurring after my report is delivered to the client?

Response:
USPAP does not specifically address who “owns” an appraisal report, the research necessary to produce that report or the report’s supporting documentation. Once an appraisal report is delivered to a client, a client may do a variety of things, including redacting or removing the appraiser’s signature, or converting data from the report into a format more functional to the client, etc. (my bold) Once the appraisal report has been transmitted to the client, USPAP does not place further responsibility on the appraiser for the client’s use of that report.

*****
There it is – another fine example of leadership from our ASB.
MP
Sponsored Links

  #2  
Old 09-28-2007, 04:37 PM
Christopher Tea's Avatar
Christopher Tea Christopher Tea is offline
 
Join Date: Aug 2003
Location: Middle of the State
State: Georgia
Professional Status: Certified General Appraiser
Posts: 52
Default

Son of a Gun!!

Now does that "may" mean they are allowed to do this, or does it mean they might do this?

CT
  #3  
Old 09-28-2007, 04:42 PM
Tom Woolford Tom Woolford is online now
 
Join Date: Nov 2005
Location: Nature Coast
State: Florida
Professional Status: Certified Residential Appraiser
Posts: 5,451
Default

Thats why I include a line in my addenda that I will only guarantee an appraisal that is IDENTICAL to my file copy, and that any appraisal that is not identical can be assumed to be altered, and not reliable.
  #4  
Old 09-28-2007, 04:43 PM
Tony V's Avatar
Tony V Tony V is offline
 
Join Date: Mar 2005
Location: East Hopland, Suffolk County, NY
State: New York
Professional Status: Certified Residential Appraiser
Posts: 5,095
Default

The answers are CHILLING...
__________________
Some of us know the real story behind the phoney on the White Horse..
  #5  
Old 09-28-2007, 04:45 PM
Mr Rex's Avatar
Mr Rex Mr Rex is offline
 
Join Date: Jan 2004
Location: X Marks the spot
State: North Carolina
Professional Status: Certified Residential Appraiser
Posts: 26,394
Default

The only mild suprise is the first one. The others are to be expected. The last one may seem troubling, but if you ask anybody that was around pre-electronic submission, they will tell you that the lenders often tore the reports apart and threw away everything but the page with the final value on it.
__________________
You talking to me?
  #6  
Old 09-28-2007, 04:48 PM
Bill_FL's Avatar
Bill_FL Bill_FL is offline
 
Join Date: Aug 2002
Location: Cliqueville
State: Florida
Professional Status: Certified General Appraiser
Posts: 4,871
Default

Quote:
Approving the Use of Your Digital Signature

Question:
I am in a situation where I need to authorize someone to apply my digital signature for me. This would require me to reveal my current Personal Identification Number (PIN) or password to that person. If I approve this use of my digital signature have I given up “sole personal control?”

Response:
No. Such action does not constitute a relinquishment of your digital signature or personal control, and is not a violation of USPAP.
WOW. I am pretty amazed at that response.

__________________________________________________ ______________

EDIT: I was so amazed, I went to read it for myself. Where did you get this? As of this posting, it is not on TAF site under USPAP Q & A. Only up to August is there.
__________________
Warning: this post not spell checked because I know what I meant to type.
Loud Pipes Save Lives

Last edited by Bill_FL : 09-28-2007 at 04:52 PM.
  #7  
Old 09-28-2007, 04:50 PM
Mister Ed's Avatar
Mister Ed Mister Ed is offline
 
Join Date: Jan 2004
Location: Middle Georgia
State: Georgia
Professional Status: Certified Residential Appraiser
Posts: 3,432
Default

Remember all you Florida appraisers... The FREAB passed a rule stating that appraisers may NOT give out the PIN for their signature even to their secretaries. I learned that in my 2006 Florida law update class 3 months before I moved to Georgia.

I never gave my password out, anyway (still don't--and don't know my business partner's PW).


So... which one trumps? USPAP or FREAB rules?
__________________
If crime doesn't pay...
Is working for an AMC a crime?
  #8  
Old 09-28-2007, 04:54 PM
Mister Ed's Avatar
Mister Ed Mister Ed is offline
 
Join Date: Jan 2004
Location: Middle Georgia
State: Georgia
Professional Status: Certified Residential Appraiser
Posts: 3,432
Default

Quote:
Originally Posted by Mike Phillips View Post

Client Altering the Report

Question:
When I transmit my residential form report electronically I have heard that some of my clients are opening the appraisal file and removing my signature file, reformatting the data, and in other ways altering my appraisal report for the client’s use. What are my responsibilities under USPAP if I know or believe such actions are occurring after my report is delivered to the client?

Response:
USPAP does not specifically address who “owns” an appraisal report, the research necessary to produce that report or the report’s supporting documentation. Once an appraisal report is delivered to a client, a client may do a variety of things, including redacting or removing the appraiser’s signature, or converting data from the report into a format more functional to the client, etc. (my bold) Once the appraisal report has been transmitted to the client, USPAP does not place further responsibility on the appraiser for the client’s use of that report.

I guess we see where the ASB stands on Pam's law suit.
__________________
If crime doesn't pay...
Is working for an AMC a crime?
  #9  
Old 09-28-2007, 04:56 PM
Mountain Man Mountain Man is offline
 
Join Date: Jan 2002
Location: GA
State: Georgia
Professional Status: Certified General Appraiser
Posts: 15,459
Default

Quote:
Originally Posted by Mike Phillips View Post
EVERYBODY BETTER SIT DOWN BEFORE READING THIS:

from USPAP Q&A, September 2007. Volume 9, Number 9.

(parts deleted by MP)

Approving the Use of Your Digital Signature

Question:
I am in a situation where I need to authorize someone to apply my digital signature for me. This would require me to reveal my current Personal Identification Number (PIN) or password to that person. If I approve this use of my digital signature have I given up “sole personal control?”

Response:
No. Such action does not constitute a relinquishment of your digital signature or personal control, and is not a violation of USPAP.

Providing Signature to Create a Signature File

Question:
I am a residential appraiser and I use software to generate my appraisal reports. The software company requires me to provide a copy of my signature to create an electronic signature file for use with the software. Under USPAP does this represent giving up “sole personal control” of my signature and violate USPAP?

Response:
No. This situation is analogous to providing a copy of your signature to a rubber stamp company for purposes of creating a signature stamp. Common business agreements in these situations limit use of the signature to creating the signature image. In providing a signature to a software company or rubber stamp company, the appraiser is not authorizing use of the signature.MP
What might be okay under USPAP, could get you into hot water in GA... State License Law.

Authority O.C.G.A. §§ 43-39A-8, 43-39A-13, & 43-39A-18.
539-3-.02 Standards for Developing and Reporting An Appraisal. Amended:

(o) fail to maintain at all times direct control of the appraiser’s signature and the method by which that signature is affixed to an appraisal report. An appraiser may grant permission to another to affix the appraiser’s signature to an appraisal report provided that the permission is in writing, the permission extends to only one specific appraisal report, the writing identifies the report and the amount of the opinion of value, and the appraiser maintains a copy of the written permission in the appraiser’s work file. An appraiser shall not grant blanket authority to another person to affix the appraiser’s signature to an appraisal report or reports; and
(p) use any uniform residential appraisal report form for reporting appraisal work for any purpose other than to report an appraisal.
  #10  
Old 09-28-2007, 05:02 PM
Mountain Man Mountain Man is offline
 
Join Date: Jan 2002
Location: GA
State: Georgia
Professional Status: Certified General Appraiser
Posts: 15,459
Default

In these cases Ed, state law is more restrictive and is the rule to follow. While USPAP as the minimum standard might not have a problem with it, our state does. It would be best to listen to the state if one has plans to remain licensed in THIS state.
Sponsored Links

Closed Thread


Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump




Copyright © 2000-, AppraisersForum.com, All Rights Reserved
     Terms of Use  Privacy Policy
AppraisersForum.com is proudly hosted by the folks at AppraiserSites.com

Fastest Way to Find a Real Estate Appraiser Enter Zip Code:
Partner Sites:
AppraiserUSA.com - National Appraiser Directory AllDomainsUSA.com - Domain Name Registration
DeadbeatListings.com - Deadbeat ListingsAppraiserSites.com - Web Hosting for the Professional Real Estate Appraiser
Find FHA Appraisers - FHA Appraiser Search Commercial Appraisers - Commercial Appraiser Search
Relocation Appraisal - Find Relocation Appraisers Domain Reseller - Business Opportunity
Home Security Buzz - Home Security Info Radon Testing - Radon Gas Info
My Medicare Forum - Medicare Info Stop Smoking Help - Help Quitting Smoking
CordlessPhoneStore.com - Great Cordless Phones AndroidTabletCity.com - Android Tablet Computers

Follow AppraisersForum.com:          Find us on Facebook            Follow us on Twitter


All times are GMT -5. The time now is 12:55 AM.

SiteMap: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93