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HVCC FREAB Teleconference

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AMC's order appraisals- What are you going to regulate??? Fees?? turnaround times?? Mortgage Brokers and Banks also order appraisal. No regs for them??
 
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many of them also effectively do appraisals by generating in house avm's, and using out of state appraisers (not licensed in this state) to do reviews with stated values, desktop evals with value ranges, etc-all of which are appraisals.

Requiring the company and it's employees to be licensed in this state, much like brokers are licensed for real estate sales, would be a start. requiring copies of all correspondence of out of state AMC's (and lenders) with state licensees (brokers, salespeople, title agencies, and appraisers all) would also limit their abilities to coerce...especially if phone calls were highly restricted or eliminated entirely (we can dream, right?). What if every request had to be in writing, and no phone calls were allowed? Faxes, emails, and letters only?
 
You want to regulate how many phone calls they make. HA HA HA ROL
 
Wendy, Mike and Bob -
I received a confirmation e-mail from Ms. Herndon and Mr. O'Bryant regarding our thoughts and comments.

'Thank you for your input regarding this matter. I will take your input into consideration as I draft the State’s response.'
Thomas O'Bryant, Jr.

DIRECTOR

Department of Business and Professional Regulation

Division of Real Estate
 
Mortgage Brokers and Banks also order appraisal. No regs for them??

In fact Mortgage Brokers are reuired to be licensed in the stateof Florida. Banks are regulated either at the Federal level or if state chartered then by Florida Dept of Banking and Finance. Where is the issue?

AMC's on the other hand presently have no regulation. Based upon the present rules, regulations and legislation pending approvals, would it not be prudent for state regulating agencies to explore this issue?
 
In fact Mortgage Brokers are reuired to be licensed in the stateof Florida. Banks are regulated either at the Federal level or if state chartered then by Florida Dept of Banking and Finance. Where is the issue?QUOTE]

Are they? What about all these companies who do loans over the internet? The company may do some thing to get license for this state. But is every loan orginator?

2nd Do these Mortgage brokers have to take CE or classes which include Florida like appraisers? If not should they? Over the years I have got request from lets use the word people and I search their name and never found anything. So my question is Are they? are the Banks loan officers really licensed?
 
Are they? What about all these companies who do loans over the internet? The company may do some thing to get license for this state. But is every loan orginator?

You could visit the out of state firms web site to determine the type of license they hold to conduct business in Florida. Their lending business license will dictate the license requirements for their loan originators.

2nd Do these Mortgage brokers have to take CE or classes which include Florida like appraisers? If not should they? Over the years I have got request from lets use the word people and I search their name and never found anything. So my question is Are they? are the Banks loan officers really licensed?

If the loan originator is required to have a Florida MB license, they are required to meet Florida MB CE requirements. Bank staff loan officers are employees typically not licensed in Florida. If they are employed by a national chartered institution, they are obligated to follow national financial institution regulations, state regulations for state chartered institutions.

OCC 2231.0.17 - Appendix B - Interagency Statement of Independent Appraisal and Evaluation Functions applies for federal bank and thrift agencies.

The Federal Reserve Bank Holding Company Supervision Manual Section 2231.0 Real Estate Appraisals and Evaluations provides an overview of the Federal Reserve Board's appraisal regulations.

http://www.federalreserve.gov/boarddocs/supmanual/bhc/200701/2000p7.pdf
 
I understand the Companies are license with the State. I knew that. My problem is accountability. Back at the time of the S & L bailout, someone decided that Appraisers should have rules and be more accountable for their actions, Now we have licensing of appraisers. Though even though a major bank may have appraisers and that bank my be license in the State of Florida for that appraiser lets say whom is license in N.C. just because the bank is license in Florida that appraiser needs to basically get permission to do assignments in Fl. Even if only going to be in the sate for 60 days.

I guess what I am saying why not require all whom wrights loans in Fl not be required to have a licensing, education requirements, and laws to govern them also. I know what every ones argument for this will be Loan, offices, brokers, and originators are honest and they are not part of the problem. Only realtors, appraisers and borrowers are the problem.

Let Imagine a Hypothetical for a minute. An appraiser gets an assignment with the estimated value of $310,000 on the request. The appraiser pull the tax record and MLS and sees the homeowner bought the home for $243,000 15 months ago. On MLS the appraiser notes the property was listed for $237,500 when it was sold 15 months ago with almost another $5,000 closing and down payment assistance also noted on MLS. Search of current sales in the S/D +- 400 sqFt found the highest sale of $222,000 of a home 175 sqft larger. Well some appraisers I know will complete the assignment, and let the numbers fall. But other not wanting to waste the borrowers money, not to mention even if the appraiser does a good job. Someone my put in a complaint if the appraiser completes it well under what borrower bought it for. So the appraiser call the client and tell them what he sees. The 1st thing out of the clients mouth is. Is the fee a problem with hitting value. The next thing out of his mouth is “what you do not like working for our company? You only want the easy assignments ?

True I know nothing like what was said above has ever happened. But if Loan, offices, brokers, and originators were license and knew the law and there are consequences.. Other states from what I have heard and read have real licensing laws on the books for all who practices in the state. Yes we have a law for Mortgage brokers whom work within the state from within the state but not for people who work from outside our state, my only question is; is this right and or even fair, and if you are right and bank employees who write loans located in the state are not required to have individual license, why?
 
Licensing law has little effect unless legitimate complaints are filed. Most appraisers are concerned about being cut off after calling any lender's 800 QA hotline.

817.545 was signed by the Governor last fall. The question will be how active will your local State Attorney's office be enforcing the Mortgage Fraud Statute.
 

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I have a question this will be my last. At least on this subject, though you may not know the answer because I do not. Though true most appraisers do not want to file a complaint, they do not even file with FREAB most of the time. However I have been to at least 10 FREAB meetings over past few years. I have seen many appraisers get from surrendering, suspension, to revoking of their license to extras classes and fines. But how many of those were prosecuted in criminal court? Which is my question.

If the people were license and had similar board situation. I believe that it has to be an improvement over just criminal prosecution I read where they can punished felony in 3rd degree, but nothing about slowing them down from writing more loans, good or bad. The day after if they are not in jail

I am sorry I believe that requiring school, CE and license for all would get better results that the law you mention , because like appraiser I sure a much smaller number would end in court as compare to being in-front of the board. Like appraisers if someone would like to search a license they could. I just think it would be good if they like us are require to take a Florida Law course every 2 years.

As far as how active will the State Attorney be at enforcing it? State Attorney’s are Politicians. So your guess is good as mine
 
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