FIRREA Title XI:
“The Appraisal Subcommittee (ASC) of the Federal Financial Institutions Examination Council (FFIEC) was created on August 9, 1989, pursuant to Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (Title XI). In response to the “Savings and Loan Crisis,”
Congress adopted Title XI to address the problem of unregulated persons performing incompetent and/or fraudulent appraisals for federally regulated financial institutions. Title XI’s purpose is to “provide that Federal financial and public policy interests in real estate transactions will be protected by requiring that real estate appraisals utilized in connection with federally related transactions
are performed in writing, in accordance with uniform standards, by individuals whose competency has been demonstrated and whose professional conduct will be subject to effective supervision.”
I don’t see where FIRREA excludes automated appraisal reviews performed by faulty algorithms using AVMs and inapplicable databases. An appraisal review IS an appraisal.
A system that ‘rates’ the adjustment portion of an appraisal is an appraisal review system regardless of how it is named. Just as an AVM prepared by an appraiser is an “appraisal.” A system that is inherently flawed that performs automated review appraisals is one that is not ‘competent’ to the task. It is “incompetent”. Further to knowingly use such a system; and to make false claims about its reliability or applicability is fraud or at least gross negligence.
Appraisers have been told repeatedly that the Collateral Underwriter is NOT an appraisal review, and that it is NOT an automated appraisal review based on AVMs! Reading the
patent abstract, THAT claim is completely false.
“ABSTRACT –A system and method for appraisal adjustments scoring rates the quality of adjustments made by appraisers in their appraisals of real property. This is done by accessing a model adjustment database that is based on an automated valuation model and a peer adjustment database that is based on an aggregate of appraiser peers in the same geographic location as the subject property. A comparison is conducted for adjustments made by the appraiser to both model adjustments and peer adjustments to determine discrepancies. When a discrepancy is larger than a threshold, a message or warning may be generated. A sales pool composition database is also accessed to determine a valuation impact of the flagged adjustments given the particular set of comparable sales selected by the appraiser. After data evaluation, a rating score is calculated for the property appraisal based on the number and severity of messages and the valuation impact.”
http://appraisersblogs.com/collateral-underwriter-under-hood
At least i am not alone thinking CU should be subject to standard 3.