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

[Fred]

This reminds me of what happened when the first union formed. The "leadership" would put forth all sorts of crackpot contentions that caused most people to want to disassociate themselves.

• ‘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.

FIRREA cannot preclude exactly what FIRREA permits: appraisals ordered by the bank's agents. Anyone who would receive such a petitition is going to be intelligent enough to undersand it is not the system that is corrupt, but rather some of the people working within the system who cheat.

 

[The Warrior Monk]

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.

In short, the lender can accept a report from almost anyone. What's the problem?

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

The lender can accept a report done for another lender...no problem there.

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.

The lender may not excluded an appraiser because of a designation...no problem there either.

(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.

Nobody is obligated to hire you. I couldn't get on Landsafes list when I attempted to several years ago. They told me they already have too many appraisers on their list. That's life.

Your arguments sound like they're straight out of the Appraiser's Union, given that they are the same misconceptions.

That's why I stated you should go back to the drawing board. If you're going to make allegations and attempt to make changes, you're allegations had better be true. Otherwise you'll simply and rightfully be ignored.

It's one of the reasons I wouldn't join the Appraiser's Union. They have the same erroneous arguments. An organization misrepresenting the issues is not and org I want to join.

 

[CraigButterfield]

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.

What is it you do not understand Marcia - W'ere not talking religion or politics here? Law of Agency (Fiduciary relationships) - "May not be excluded for consideration for an assignment" - Is there some question regarding the interpretation? What roster? - the system has brainwashed you.

An appraisal may be ordered by an AGENT (The fiduciary) - If you cannot grasp this, I will not continue to elaborate - Norman Powell, a lawyer I spoke with had no problem understanding this as he loses title work, and knows that lenders are clearly restraining trade.

If a mortgage brokerage agent wants to engage your services, then they can by law and the bank must take your work, if you are competant to perform the assignment at hand; otherwise Trade IS restrained. period.

 

[CraigButterfield]

In short, the lender can accept a report from almost anyone. What's the problem?[/font]

Nobody is obligated to hire you. I couldn't get on Landsafes list when I attempted to several years ago. They told me they already have too many appraisers on their list. That's life.

David: Real estate law is a precurser to appraisal law - Law of Agency.

Nobody is obligated to hire me; yes, this is true, but when a mortgage brokerage AGENT agrees to hire me, then the end lender must take my work, the only provision outstanding is whether I am competent to perform the assignment at hand.

If a Century 21 AGENT lists a house, can the C21 AGENT tell the ERA or PRUDENTIAL AGENT we will NOT take that contract from your buyer as we do NOT approve ERA or Prudential AGENTS to be on our list (So that the C21 AGENT will ultimately see the entire 6% commission, if and when the listing AGENT sells the house) - Let them try it ! LAWSUIT !

Wallow in your mire - not everyone can agree, or even agree to disagree, and I am fast learning that the AF addicts who have thousands of posts, that their only desire is to argue, but apparently have little or no interest in the resolution of problems, which is why they have thousands of posts, spin their wheels and accomplish nothing, other than useless conjecture.

When just a handfull of wholesale lenders exist as this market further dies down, and YOU approach 150 mortgage brokers that ALL use the same three wholesalers (the only ones remaining) Then you may get the point, when not one of the big three will take YOUR work (or maybe you won't)?

 

[The Warrior Monk]

An appraisal may be ordered by an AGENT (The fiduciary) - If you cannot grasp this, I will not continue to elaborate - Norman Powell, a lawyer I spoke with had no problem understanding this as he loses title work, and knows that lenders are clearly restraining trade.

Does that say "may be," or must? Big difference.

 

[Marcia Langley]

Craig,

If this is a clear violation of the law then it would seem to me that a law suit would be a much better path for seeking remedy than having it burried in a petition. A clearly violated law of this importance surely could attract lawyers willing to work for a percentage.

Regarding your petition, one way to reduce the number of issues would be to separate out the items that pertain to enforcing existing laws from the items that suggest new laws.

It seems the petition only actually "petitions" for one thing and that is to make AMCs illegal. Maybe you should petition for specific laws that you would like to see enacted. Once the actions are illegal, then the AMC's role would change without having to outlaw them per se.

--------
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Craig,

I know you have a lot of passion for this and I wish you good luck.

 

[CraigButterfield]

Does that say "may be," or must? Big difference.

W'ell Dave - I give up on you !

 

[Marcia Langley]

Wallow in your mire - not everyone can agree, or even agree to disagree, and I am fast learning that the AF addicts who have thousands of posts, that their only desire is to argue, but apparently have little or no interest in the resolution of problems, which is why they have thousands of posts, spin their wheels and accomplish nothing, other than useless conjecture.

Do you always try to attract your flies with vinegar? How's that working out for you?

 

[CraigButterfield]

Do you always try to attract your flies with vinegar? How's that working out for you?

This forum foolishness is not for me - I will leave that to committe members - I am an idea man, and a man of action - I am NOT a politician, and have 0 desire to be.

...and YES, Vinegar does work. Below is my letter with Vinegar - If you go the the appraisal union.org website, you can read letter B wherein I have added salt for extra flavor. Read my letter below that I sent to one banker who refused to add me to their list. The next day he e-mailed me, please submit your qualifications to the board for approval.

You won't be seeing me argue about what is clear and in black and white, I just cannot be bothered. Its not my style, amd thousands of posts I do not have the time or interest to make. Sorry !

[FONT=georgia, 'times new roman', serif]Kevin Banker,[/font]
[FONT=georgia, 'times new roman', serif]XYZ BANK[/font]
[FONT=georgia, 'times new roman', serif]ANY CITY USA 55555 [/font]
[FONT=georgia, 'times new roman', serif][/font]

[FONT=georgia, 'times new roman', serif]November 19, 2007[/font]​

[FONT=georgia, 'times new roman', serif]Dear Mr. Banker [/font]
[FONT=georgia, 'times new roman', serif][/font]
[FONT=georgia, 'times new roman', serif]I am getting back with you in a second effort to be added to your approved appraisers list. We perform appraisal work in your community, and are in fact licensed to work throughout the entire state. [/font]
[FONT=georgia, 'times new roman', serif][/font]

[FONT=georgia, 'times new roman', serif]Opportunity is presented to us through an established client network that we have spent 22 years in developing. Oftentimes, we have clients that we have worked with via the mortgage community whom work with various lenders statewide and nationwide; lenders just like you, and they desire to fund transactions through appraisal work that we are being considered for engagement, may have commenced, or even already completed. [/font]
[FONT=georgia, 'times new roman', serif][/font]

[FONT=georgia, 'times new roman', serif]We (My office staff and associates) pride ourselves as consummate professionals with never once having had any registered complaint filed. I am a clean professional State Licensed, Certified General Real Estate Appraiser that writes literate, well supported valuations and will gladly provide you sample work as FIRREA calls for you to ask for to evidence proof of our competency. I've appraised nearly 10,000 properties in my 22 year career. [/font]
[FONT=georgia, 'times new roman', serif][/font]

[FONT=georgia, 'times new roman', serif]We understand you have relationships that you no doubt treasure, and we respect your freedom to order a report from appraisers that you know and trust. Of course we believe in free enterprise as we hope you do; the right to free trade and commerce. [/font]
[FONT=georgia, 'times new roman', serif][/font]

[FONT=georgia, 'times new roman', serif]There are many instances in which we have completed a report for a client previously, and they may be considering applying for a loan with any other bank somewhere that is licensed and regulated as we are. That possibility, often arises, wherein, they may have purchased a property two years ago, financed it with XYZ bank, and are now looking to refinance it with ABC bank through a licensed agent. [/font]
[FONT=georgia, 'times new roman', serif][/font]

[FONT=georgia, 'times new roman', serif]When a mutual opportunity through the banking community brings forth potential business, we do not want our work refused only to forfeit the associated fees we render for said professional services. This clearly constitutes a loss of business revenue, and is of course a clear restraint of trade. [/font]
[FONT=georgia, 'times new roman', serif][/font]

[FONT=georgia, 'times new roman', serif]As the economy has slowed and many more banks fall into receivership/insolvency and/or are merged with larger banking chains, then we must increase our marketing efforts and further relationships with an already established and growing community of Realtors, Title/Insurance groups, Mortgage Brokers, Architects, Surveyors/Engineers, Bankers and Lawyers. [/font]
[FONT=georgia, 'times new roman', serif][/font]

[FONT=georgia, 'times new roman', serif]Therefore, we cordially and respectfully ask that we be placed on your approved list and not be denied the right to have our work taken by your bank through any licensed/agency originated federally related and regulated transaction. We may have some business we can bring your way. Win-Win; that's what America is all about! [/font]
[FONT=georgia, 'times new roman', serif][/font]
[FONT=georgia, 'times new roman', serif]Thank You [/font]
[FONT=georgia, 'times new roman', serif]Craig H. Butterfield[/font]
[FONT=georgia, 'times new roman', serif]State Certified General Appraiser # RZ-1063[/font]
[FONT=georgia, 'times new roman', serif]www.butterfieldappraisals.com[/font]
[FONT=georgia, 'times new roman', serif]Ph. - 954.929.6094[/font]









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[Fred]

Wallow in your mire - not everyone can agree, or even agree to disagree, and I am fast learning that the AF addicts who have thousands of posts, that their only desire is to argue, but apparently have little or no interest in the resolution of problems,

That's right, attack the people you are selling to; and divide the group you say you want to unite.