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ABOLISH and OUTLAW bank owned/affiliated and/or contracted management companies.

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Abolish Bank owned mngmnt co's

I hear you Marsha, and I agree with you. You are very literate, and if there are points that should be ommitted, then we will do that. I will e-mail you the latest rendition of the petition to your e-mail address, and if you can edit it, I and 100,000 other appraisers would be appreciative.

Thanks

Craig
 
You are correct on HR 3837, I mixed up two bills. On the other points we will just have to agree to disagree.
 
Craig, while I'm no fan of management companies and don't work for them, there is so much wrong with that petition I don't know where to start. The long and short of it is that vendettas will get you no results. And I hope you have evidence to back up your allegations.

I and 100,000 other appraisers would be appreciative.

Thanks

Craig

Given the response so far in this thread, I think that estimate may be ambitious by a few orders of magnitude.

If you're serious about this, you might want to start from scratch.
 
Craig, while I'm no fan of management companies and don't work for them, there is so much wrong with that petition I don't know where to start. The long and short of it is that vendettas will get you no results. And I hope you have evidence to back up your allegations.

Given the response so far in this thread, I think that estimate may be ambitious by a few orders of magnitude.

If you're serious about this, you might want to start from scratch.

:clapping: My point exactly.


BTW Craig, this quote you attributed to me wasn't my statement.

EmTee States:The consumer does have a choice because the consumer is the lender. The borrower is asking the bank for money, and the bank is asking us to assess the value of the collateral to protect their assets. The borrower might benefit from the information provided in the report but the report is still done for the lender.
 
Abolish Bank owned mngmnt co's

If you're serious about this, you might want to start from scratch.[/quote]

I'm afraid, I cannot start this from scratch, as I see through my eyes, and what I have written makes sense to me - I've itemized roughly 15 problems with AMC's.

The one thing everyone DOES seem to agree on, is we DON'T like them. Hence, there must be a reason. I have come up with a bunch of them.

If my draft petition has inaccuracies, I cannot see them anymore than I can typos in my appraisal report. That is why when an author writes a book, and the publisher hires a proof reader.

I welcome all comments and positive suggestions, and ask any of you out there to write your rendition, and/or re-write mine.

I've covered all topical bullet points regarding the Abolish Bank Mngmnt co issues that myself, and about a dozen other appraisers have read and concur with.

I'm not one who must always be right, I am not an egotiscical maniac, and I'm not an MAI. I'm just a commercial appraiser with 23 years experience that loses 10 to 15 jobs a month at $2,000 to $3,000 a pop, as the lender of the month, says to the mortgage broker - "You MUST use one of OUR approved appraisers", totally contrary to FIRREA law chapter 564-5-6.

Lets get this right - send me your text, and we will get it right. Once a consensus of people (say) 8 or 9 out of 10, thinks all points have been made and stated correctly, then it will be time to publish the final rendition.

I am pasting the latest revision below: If something is wrong, please help fix it - Thanks Craig

To: U.S. Congress
We beseech the U.S. congress to propose a bill mandating the abolishment of bank owned/ affiliated and/or contracted management companies for the following reasons:

• ‘Appraiser Independence’ (per FIRREA law chapter 564-5-6) does not exist as bank owned management companies have an interest in the outcome of the transaction.
• Management companies control the appraisal ordering process, negating appraiser independence, and coerce appraisers to obey their whim. Furthermore, management companies are oftentimes found to not accept appraisal work from appraisers that do not heed there demands and do what the management companies dictate.
• Bank owned/affiliated and/or contracted management companies deceptively state appraisal fees of $500+ (for residential appraisals) on closing statements, and abate an ever diminishing compensation to the appraiser. As a result, said management companies are not providing “Truth in Lending” and are providing innacurate disclosure, as they are profiting on each appraisal fee (which is a clear conflict of interest). Mandate that the appraiser collect the entire fee directly from the consumer, and not a portion thereof.
• Management companies oftentimes dictate to the appraiser their desired value, in addition to unreasonable (if not impossible) turnaround times for job completion, thereby causing the work product delivered to be of an ever lesser quality. We propose that a minimum of one week is needed to complete appraisal assignments (residential assignments), accurately, with ample time to research/inspect and verify information, and to complete appraisal assignments already in process.
• Many bank owned management companies are now filing bankruptcy in an attempt to hide behind a corporate veil. Consequently, appraisers are not paid on jobs performed. Accordingly, said management companies are retaining the appraisal fees and in no way independent of the transaction.
• Bank owned/affiliated and/or contracted management companies are not fiduciaries to a transaction, but are interested parties of the first part.
• In addition, management companies appear to be price fixing appraiser’s fees. This alleged collusion by lenders/bankers/appraisal management companies is contrary to anti-trust laws.
• Appraisers who are not on key lenders (management companies) approved lists cannot receive work from clients in the mortgage community (mortgage brokers/realtors), which puts appraisers out of business.
• Damage to PRINCIPALS --The consumer -- (buyers/sellers) oftentimes occurs when substantial money paid to management companies for appraisal fees are lost, if/when; the bank (who controls the management co.) decides to not fund the loan. The principal then wants the appraisal report (which the management company routinely refuses to give to the principal) - hence, the ensuing obstacle created via the next BANK owned/controlled mgmt co. (who subsequently refuses to take the report from the appraiser who is not on their approved list), creates havoc and chaos in endeavoring to fund the principal’s transaction.

Hence, the FIRREA law as it presently stands which states: “The Lender or its Agent must engage the appraiser”, is in complete contridiction to consumer rights laws, and free trade/commerce, wherein the consumer, ie; the PRINCIPAL cannot engage the appraiser, and seek out an appraisal for a fair price as the Lender (or management company) dictates who the borrower (Principal) must use.
Accordingly, damage may result in foreclosure to the principal if they are facing a balloon mortgage or a lapse of contract; and once expired, the transaction can fall apart. Either the principal’s deposit or equity can be lost, as trade has been restrained for the principal.
• The actual client (mortgage broker or Real Estate agent) is typically forced by the lender to order a NEW appraisal, as the management company more often than not steers the client (mortgage broker/or Real estate broker (AGENT) to their approved appraiser) - unnecessarily creating time constraints and extra fees contrary to the FIRREA anti-discrimination appraiser law Chapter 564.5-6, which management companies openly, defiantly, and routinely violate.
• Summary: Results of this illegal restraint of trade by lenders/management companies are:
1. Appraiser’s can and do lose the relationship between the mortgage brokerage/real estate agent client and their fee, and accordingly their livelihood.
2. The mortgage broker/Real Estate agent in many cases will lose their commission, along with their client.
3. The principal may lose the appraisal fee and/or their property.


ABOLISH and OUTLAW bank owned/affiliated and/or contracted management companies.

We believe this will restore integrity to the real estate profession (appraisers, mortgage brokers, title companies, etc.) and allow free trade and commerce among ethical professionals.

Sincerely,
The Undersigned
 
Guitar ?

Dave,

Who's the gutarist pictured on your site? Is it you ??

Craig
 
I'm not one who must always be right, I am not an egotiscical maniac, and I'm not an MAI. I'm just a commercial appraiser with 23 years experience that loses 10 to 15 jobs a month at $2,000 to $3,000 a pop, as the lender of the month, says to the mortgage broker - "You MUST use one of OUR approved appraisers", totally contrary to FIRREA law chapter 564-5-6.

Show me where is says that...here's the link:

http://ecfr.gpoaccess.gov/cgi/t/tex...de=12:5.0.1.1.40&idno=12#12:5.0.1.1.40.0.83.6
 
Dave,

Who's the gutarist pictured on your site? Is it you ??

Craig

That's bassist Mark Egan with his doubleneck bass. One neck is four-string (and I believe fretless), and the other is eight (fretted). I believe the model is a Pedulla.
 
Show me where is says that...here's the link:

Here's where it says it:

564.5 Appraiser Independence

8. (b) Fee appraisers. (1) If an appraisal is prepared by a fee appraiser, the appraiser shall be engaged directly by the regulated institution or its agent, and have no direct or indirect interest, financial or otherwise, in the property or the transaction.

8. An appraisal may be made out to an AGENT,as engaged by same; which is any licensed person working in behalf of a client; ie, Real Estate Agent, Mortgage Brokerage Agency, Title Agency, etc.

9. (2) A regulated institution also may accept an appraisal that was prepared by an appraiser engaged directly by another financial services institution, if:

9. An appraisal written to "XYZ" Bank may be used by "ABC" Bank.

(i) The appraiser has no direct or indirect interest, financial or otherwise, in the property or the transaction; and
(ii) The regulated institution determines that the appraisal conforms to the requirements of this part and is otherwise acceptable.

Sec. 564.6 Professional association membership; competency.
10. (a) Membership in appraisal organizations. A State certified appraiser or a State licensed appraiser may not be excluded from consideration for an assignment for a federally related transaction solely by virtue of membership or lack of membership in any particular appraisal organization.

10. This is regardless of having or not having an MAI/SRA/ASA or other membership as I am licensed and state certified. Note: For AN ASSIGNMENT above, in the singular - not to hope to be approved some day next year or the year after.

(b) Competency. All staff and fee appraisers performing appraisals in connection with federally related transactions must be State certified or licensed, as appropriate. However, a State certified or licensed appraiser may not be considered competent solely by virtue of being certified or licensed. Any determination of competency shall be based upon 10 the individual's experience and educational backgroundas they relate to the particular appraisal assignment for which he or she is being considered.

10. I have 23 years of appraisal experience. No complaints have ever been filed, after completing nearly 10,000 appraisal assignments. I will submit a warehouse, or a retail center for your review and approval or whatever the assignment is that I am looking to perform wherein I have had an agent request my services.

11.Sec. 564.7 Enforcement.
12. Institutions and institution-affiliated parties,including staff appraisers and fee appraisers, who violate this part may be subject to removal and/or prohibition orders,cease and desist orders, and the imposition of civil money penalties pursuant to the Federal Deposit Insurance Act, 12 U.S.C. 1811 et seq., as amended, or other applicable law.

11. This is where the judiciary and police actions will be implemented. Per the next paragraph below our attorney's will file a motion with the court to have your institution Cease and Desist from doing further business. If you deny us the right to do business, be assured, we will stop you from doing business!

12. We will immediately file a report with the Department of the Treasury and the FDIC for any attempt to restrain Trade when a 3rd party client has requested our companies appraisal services to be brokered through your institution, and YOUR company refuses to accept our work, at the risk of severe penalties and possibly revocation of your companies banking charter.

Craig Butterfield --- Appraisalunion.org or Appraiserscoalition.org
 
Craig,

I don't see where that law says anything about a lender not being able to limit appraisal assignments to a prefered roster of appraisers. The law gives them the dos and don'ts of selection but it does not say they have to have an open roster.

Also, the 'cease and desist' phrase means to cease the prohibited behavior, it does not mean to cease all business.
 
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