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Virgina REAB and Portal Petition

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I appreciate Danny's support for "real" digital signatures, but if the past has taught us anything, many AMCs and portals will demand that reports not be submitted with this type signature (at least until they can figure out how to hack that too)
 
That's true. The ASB may be able to solve the issues regarding true copy, complicity, and signatures.

USPAP Issues:

Signatures

The definition of SIGNATURE should be deleted from USPAP for two reasons. The primary reason is that the word does not appear anywhere else in USPAP. It is inappropiate for the DEFINITIONS section to define a word that is not used in the document. This definition was added when SMT 8 was added, and it should have been retired when SMT-8 was retired. That was an oversight.

The definition is poorly written, does not reflect current technology, and is inconsistent with federal law.

AIReady and USPAP Compliance

As the words exist today in USPAP, I see no basis for finding that use of AIReady violates USPAP. When the ASB issues opinions, they must do so based on the words that actually exist in USPAP (what it actually says, not what they wish is said). The ASB stated long ago that it was not necessary to have a paper copy, and they did so because of the words in USPAP, not because of how anyone "felt" about any particular software.

Carnivore, I agree that the functionality of AIReady could and should be improved. Since my I am currently not affiliated with FNC, I have no way to know this, but I suspect that additional features will be added.
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I have stated before that I agree that anyone who fraudulently alters a report should be punished. There are laws against it. Enforce them. But, if the fraud is blamed on the report format, then PDF must be the real culprit.

If a proper digital signature is not applied, PDF is an insecure format. Virtually anyone can make whatever changes they want. You can fight that by applying a digital signature like the one I attached to the sample I posted earlier this morning.

PDF is used for over 90% of residential appraisal reports. Only 5% to 10% of all reports are sent in AIReady format, so claims that AIReady is one of the major contributors to the current mess seem like a big stretch to me. The numbers just don't add up.
 
I appreciate Danny's support for "real" digital signatures, but if the past has taught us anything, many AMCs and portals will demand that reports not be submitted with this type signature (at least until they can figure out how to hack that too)

That is where federal law is on the side of the appraiser. The simple signature systems used by current forms vendors do not meet the definition of "digital signature" in federal law. If anyone asked for removal of the signature, appraisers simply have to point out that USPAP requires a signed certification, and federal law defines a digital signature as one like the one I posted.
 
Mr. Wiley,

It has been stated that inorder to check a true digital signature, a secure webserver is queried and thus it is verified that you have a true copy. Question, who and where and what 'secure web server'. How is the verification done. Is it done by comparing the documents (original and sent) or is it done by comparing data about the document like creation date, size, last opened date. If it is done by comparing the actual document is there a copy of the original document on the 'secure web server' ?

Thank you for your participation in the discussion
 
Danny,

In light of passages like Standards Rule 2-3 which speaks extensively about "signing" but never uses the word "signature" it would seem that the definition for "signature" would still have relevance.

Is it just the "sole personal control" part they plan to eliminate? I guess without that part the definition is no different than the common English one, is that the idea?

But eliminating that definition would not solve all of the issues regarding re-applying signatures. Just the "sole personal control" one.
 
It has been stated that in order to check a true digital signature, a secure webserver is queried and thus it is verified that you have a true copy....

First, verification via server is the best way, but not the only way. Using the Adobe feature you can create a digital signature that requires one to contact you for verification. Obviously, hitting a server is easier, but those kinds of services are not free. I think current pricing would run the typical appraiser $400 to $500 per year. There certainly may be cheaper options, but I have not found them.

I am running out to look at some property, and and I want to keep this simple, but it isn't :) Most systems don't keep a copy - they keep an encrypted file that allows detection of any change to the original, and they are extremely effective.

The exact answers to your questions depend on the digital signature provider that the appraiser uses (Verisign, etc.) You can get more info at http://www.adobe.com/security/digsig.html
 
In light of passages like Standards Rule 2-3 ....

To be clear, I don't know what the ASB intends to do (if anything). I am only expressing what I think about it. Any changes would be up to the ASB.

As USPAP now reads, if there is to be definition it should be the definition of "SIGNED" - that is the word used in USPAP.
 
Pat,

thanks for the straightforward commentary. It is appreciated.

As a fellow SRA, I understand the consternation about the seemingly equal footing that inexperienced and poorly educated appraisers have with me. However, I don't think that the appraisal community could have prevented or could change the faster, cheaper, "give us what we need" mentality of the residential mortgage lender. Their regulatory agencies are the only ones that can correct those business practices.

The strong resistance you have observed to a "Vault" concept is that the same parties supporting that program are the parties who suggested an IVPI concept. Under that concept, a rotational assignment system would go even further to undermine those with experience and education. They say it isn't so, but how could it not? They say that assignments will be awarded only to certified appraisers with no allowance for those with trainees. So what is the incentive to take on the responsibility to act as a mentor for those trainees? The IVPI concept, as envisioned by some, would destroy the residential appraisal profession in a matter of years.

I, personally, see no hope of turning back the clock to a time when a residential appraiser with experience, education, and a designation meant anything at all to the residential mortgage client. I, personally, no longer do any residential work at all and, if I should start doing so in the future, I don't see any possibility that it will be for mortgage lending purposes. There is no incentive in it for me any longer. I have had non-designated residential appraisers ask me if they should pursue a residential designation. I have advised them that if their business model was to primarily perform appraisals for residential lenders, there was absolutely no need for a designation. Sad, I agree. But factual.

I started hearing at least 10-12 years ago that the one-man residential fee shop was a concept which would eventually no longer be feasible unless that appraiser specialized in something other than residential lending work. When the bottom fell out of the market in late 2005, I think we saw the beginning of the end for that business model.

So, with that, I wish all good luck and the foresight to plan for the future.

Best regards to all.


Ken, your statement above that I highlighted in red is wrong, just to point that out. But I agree with the new tone that seems to have been developed today with many of the posts.

I think the best course of action is to sit back and listen to all the proposals on how best to improve the profession. Then we can pick the best ideas out of each proposal and maybe come up with something that can work. Yes, the vault idea was taken from the Dodd/Crowley IVPI proposal, but that is because that was the best portion within that proposal. It doesn't mean we have to accept everything within the IVPI, it is not an all or nothing choice. It would be totally wrong to ignore the good ideas of any proposal, just because one does not agree with it in totality.

Some of the good ideas I have heard so far...

1- National Order Form, just like all the other standard forms that exist, there should be a national order form, with proper communication between client and appraiser, which will become an attachment to the final report. I beleive Marcia was one of the originators of this idea.

2- National type of "SOW" / Engagement letter, that leaves plenty of room for narrative comments, which also will become an attachment to the final report, so that it is clear what the assignment was all about. Communications between client/appraiser should be documented on this form. Lastly, maybe there could be a signature section at the end of this form for both the client and appraiser to sign stating there were no value checks done prior to accepting assignment (meeting a target value) and no staged assignments set up based on value, etc. Just a thought, who knows how this will fly. (If anyone has the power, pass a dam*ed law to make it illegal to ask for predetermined values before assigning work, don't put all of it on the appraiser, it needs to be addressed at both ends).

3- Digital Signatures. Yes, I like that idea, and Mr. Wiley, I hope you do come up with information on how us non techies can set this up for ourselves.

4- A vault, yes, so that every user of any appraisal report can be sure that the actual appraiser signing the report, did in fact do the report. That there has been no alterations involved from the original. And lastly, to allow what Ken keeps stating what he wants, better enforcement and accountability to the laws already in place by the added transparency the vault allows to the proper enforcement entities. With the added transparency, the Skippies will get religion rather quickly, or else get flushed.

Yes, the data mining is an issue that needs addressed, still looking for good ideas on that one.

AMCs-Most here agree, for the most part, they have been bad for the profession due to the time demands, and fee demands (awarding work to the lowest bidder). Ideas are needed how to address this issue, my guess would be for those in charge to start holding the AMC accountable just as an appraiser is, as they are acting as much more than just a middleman.

Anyway, lets all put our heads together to see what things we can come up with that will impact the profession in a positive manner, and with those heavy hitters involved with this thread, maybe it can make a difference, because they do have the power to make changes.
 
"PDF is used for over 90% of residential appraisal reports. Only 5% to 10% of all reports are sent in AIReady format, so claims that AIReady is one of the major contributors to the current mess seem like a big stretch to me. The numbers just don't add up." From DWiley

I think the reason AI Ready is drawing all the fire, is because we have two AI Ready defenders in the discussion. At least you are both taking the time to state your case, whether people agree or not. For those other conversion programs out there, they don't even wish to enter the debate and rather keep hidden behind the curtain.

IMHO, the major alteration concerns arise when you combine any conversion program with an AMC, because there are "middlemen" involved in the process with ample opportunity, motive and "know how". But this is just a guess, because there is no transparency on the issue, the appraiser never gets to see what is actually delivered to the client any longer. Is there any good reasons for this policy?
 
That is where federal law is on the side of the appraiser. The simple signature systems used by current forms vendors do not meet the definition of "digital signature" in federal law. If anyone asked for removal of the signature, appraisers simply have to point out that USPAP requires a signed certification, and federal law defines a digital signature as one like the one I posted.


Some clients who accept PDFs will not accept digitally locked PDFs. If they don't, then the appraiser still has to make the decision whether or not to decline the assignment for that reason (if they know it up front). And the client is free to discontinue use of that appraiser for that reason.

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So the appraiser digitally signs either his original report or his converted report and the digitally signed report reaches its destination without having been breached. The client downloads it and saves a new copy on his computer which is not digitally signed, correct?

The report that was digitally signed is sent and received intact. The recipient can see that it has not been accessed. And he can still do whatever he wants with it. But he is satisfied that what the appraiser sent is what he got. This is proof to the recipient but not to anyone else, correct?

If the recipient does not save/retain an exact copy for documenting their lending decision, they still don't have a true copy for future reference, correct? If all they do is open the document and route it to another conversion system it never looks the same.

How long does that digitally signed document stay on the server, is that user-controlled? Can one make it for 5 years?

What does the sender have as documentation of the process? Does he also have a saved file that shows the digital signature icon? If he prints that, is there a visible mark that shows the presence of the digital signature?

In the case where the appraiser uploads a file into a conversion system and is unable to print/save/reopen/print the converted version, can he still send it with a digital signature? Would he then be able to print/save/reopen/print the digitally signed document?

The digital signature takes care of everything in the internet transmission phase but it does not address any of the other issues that happen on the appraiser's computer (true copy, complicity) or at the destination end (true copy, complicity).


And it may be that some clients will not work with appraisers who insist on doing this, just as some won't work with appraisers who lock their reports.
 
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