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2055 & USPAP

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This was a sore spot with me for a long time so I called FNMA and got their comments onit. Yes, the form is contradictory in that we need to verify data with a disinterested source BUT IF your client wants you to call the homeowner and get information about their house and if you disclose that you did just that then everything is alright. Not sure about this so I called our state and spoke with the head investigator and they said the same thing. I believe this falls in to the same class with those requests that want a cost approach on everything. Jus tdisclose and move on.
 
This was a sore spot with me for a long time so I called FNMA and got their comments onit. Yes, the form is contradictory in that we need to verify data with a disinterested source BUT IF your client wants you to call the homeowner and get information about their house and if you disclose that you did just that then everything is alright. Not sure about this so I called our state and spoke with the head investigator and they said the same thing. I believe this falls in to the same class with those requests that want a cost approach on everything. Jus tdisclose and move on.
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Then I take it that this/these unidentified person(s) at Fannie are willing to place that in writing on official letter head, AND they are willing to put into that official letter that all real estate appraisers nationwide are authorized, PER FANNIE, to go ahead and redact out any preprinted language found on the form just as long as we document that our clients wanted us to do something other than what the form says? And, that Fannie will NOT reject that appraisal report if one is found packaged up in a loan bundle to Fannie... Fannie will NOT use that to force a buy back of that loan?

By the way, did your state head investigator place it in writing that when an appraiser in that state signs a report that says one thing on it on one page, and the appraiser does something else completely different with a "Disclosure," that then results in a report that says two completely different things in two different areas of the report....., that doing that is totally ok and will NOT result in a state board ruling AGAINST an appraiser that does that? You got that in writing... right?

Did you get all that? Or are you spreading what amounts to unfounded hearsay? Or worse, forgetting to warn appraisers reading this that their state(s) they work in might have boards that would nail them to the wall for signing and sending out reports that contain totally contradictory preprinted language versus appraiser inserted "Disclaimers?"

To each their own. But personally, I highly question the "My client told me to do it" defense and I highly question, with extreme dubiousness, those that suggest using that as a defense.

P.S. I recommend you place new phone calls to the same people, inform them you are recording the phone conversation and will be making the recordings public, and see if you get the same answers or not.
 
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Webbed-No one said that these were unidentified persons. The original contact at FNMA couldn't help so he kicked the question to another area. They returned my call in about 3 weeks and yes, I do have that contact name and I know the name of the State investigator.
 
Webbed-No one said that these were unidentified persons. The original contact at FNMA couldn't help so he kicked the question to another area. They returned my call in about 3 weeks and yes, I do have that contact name and I know the name of the State investigator.

I think my "P.S." covered that. Of course you know who they were, we do not. It doesn't change the answers were undocumented oral phone calls. It doesn't change my other points were probably not asked, not answered, and not documented.

So can all of us redact out the offending language? Why not? After all, if the people providing these answers are correct, then it should be absolutely fine to redact out the preprinted contradictions to what they said.

P.S. Oh.. and completely fine for them to go publicly on a written record that they said it and have the authority to contravene Fannie preprinted forms with instructions to all appraisers to do other than those forms say.
 
...is to make them read the report..

So I would challenge them to prove Fannie is contradicting her own forms. Fannie herself preprinted that an EA cannot be added and then CB1 used. Regardless, many state boards consider a report that says a thing in one place of the report, and then contradicts itself somewhere else in the report, to be a violation of the USPAP as a misleading report.

Again, I would suggest the solution is to allow reporting on the 1996 year version 2055 form that does not prohibit the addition of EA or HC when done outside of the use of check boxes 2, 3, and 4.

So true, yet when Fannie orders a 2055 for utilizing it in a repurchase demand, they don't give a damn whether the appraisr follows their pre-printed SOW or not as long as it serves their purpose and concludes a lower value than the OA.
 
That and not bothering to read certification number ten of that appraisal form.

Also Certification #1, which states:
1. I have, at a minimum, developed and reported this appraisal in accordance with the scope of work requirements stated in this appraisal report.

Which you didn't if you used an EA.
 
Also Certification #1, which states:
1. I have, at a minimum, developed and reported this appraisal in accordance with the scope of work requirements stated in this appraisal report.

Which you didn't if you used an EA.


Not true. The EA may be part of the scope of work requirements.

I don't have one in front of me...but I believe that the various 'subject to' boxes on the form specify hypothetical conditions...not EAs.
 
This was a sore spot with me for a long time so I called FNMA and got their comments onit. Yes, the form is contradictory in that we need to verify data with a disinterested source BUT IF your client wants you to call the homeowner and get information about their house and if you disclose that you did just that then everything is alright. Not sure about this so I called our state and spoke with the head investigator and they said the same thing. I believe this falls in to the same class with those requests that want a cost approach on everything. Jus tdisclose and move on.


Fine. But at the end of the day, an appraiser is confronted with the plain English language of the 2055 (or whatever) certifications, SOW and limiting conditions. So you got comments: did you also get a resolution from the Board of Directors of FNMA that the people you talked with have the authority to set aside the requirements of its certifications? It's in the same class as, "Honest, officer, the governor's receptionist told me I could drive at any speed I wanted."

When the loans go sour, the "I talked with so and so" defense is not going to work.
 
You can use all the EAs you think are necessary. But you have to place a condition in the appraisal that the EAs are verified to be as assumed. Lenders do not consider that an "as is" value.

Not true. The EA may be part of the scope of work requirements.

I don't have one in front of me...but I believe that the various 'subject to' boxes on the form specify hypothetical conditions...not EAs.
 
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