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An Open Letter to Fannie Mae RE: multiple parcels

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Personally, I do not see that the HBU is different. The HBU "as is" is the same as "as if vacant" (because it is vacant) for a lot. An improved lot "as if vacant" is the same as the HBU of the vacant lot...a potential for building a new house. BUT improved, it is "as is" with the improvements. So both the vacant lot and the improved lot have the same HBU....vacant for construction, "as is" - what it is today. The vacant lot remains vacant as an interim use. We can speculate about what the IDEAL improvement would be. We can speculate what if. But HBU test does not specify the necessity of improvements for a vacant tract to be at its HBU. Both both it is a reasonable use (vacant lots are common). It is the probable future use for the foreseeable future at least. Therefore it is physically possible, supported, financially feasible (or people would not buy vacant lots), and results in the highest value as is...we don't need to speculate about a future use.

In terms of farm land, numerous farms are composed of smaller parcels which operate as a single economic unit. But certainly what farm couldn't be divvied up into smaller parcels? But that is a future use, not "as is". As is they operate as a single unit, just as most houses with an adjacent lot, excess or surplus.
In the case below these lots were platted in the late 1900s, Lord only knows why. It was all orchards then. and they range from 5 to 20 acres in size and cover over 1000 acres. These are part of only 2 farms, and one property had maybe 20 lots or more. They are nonsensical subdivisions who certainly do not deserve their own individual HBU.
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Terrel, No.

In my illustration, the SFR improved parcel has a MV of $700k (site value is $350). The value is 50%-50% land and improvements.

To argue that "lumping" the two MVs together as though one 'value' = $1050 results in the improvements contributing merely 1/3 of the total 'value'. Clearly, NOT maximally productive.

There's nothing "speculative" in my example as to how the market would make use of the vacant parcel.

Taking your approach, the answer to the question "is the H&BU AS IMPROVED the current use?", the answer would always have to be yes, eh? :)

Thus, once again, why it is that Fannie's bad advice...is bad advice.
 
"If this be the case, is Fannie Mae then prepared to accept an appraisal (and mortgage) where the appraiser has chosen “No” to the question “Is the H&BUse of the subject property as improved?"

Lee, I've already told you they will accept this. Do your own due diligence but I am speaking from real experience. They should probably have put this in the newsletter.

The reason they are willing to accept it makes perfect sense. When the HBU is no, the lender's fear is that there exists a financial incentive to alter or break up the property, leaving them with a materially different property than they originally loaned on. But in this case, the loan must be paid off first, so the risk is nullified.
 
"If this be the case, is Fannie Mae then prepared to accept an appraisal (and mortgage) where the appraiser has chosen “No” to the question “Is the H&BUse of the subject property as improved?"

Lee, I've already told you they will accept this. Do your own due diligence but I am speaking from real experience. They should probably have put this in the newsletter.

The reason they are willing to accept it makes perfect sense. When the HBU is no, the lender's fear is that there exists a financial incentive to alter or break up the property, leaving them with a materially different property than they originally loaned on. But in this case, the loan must be paid off first, so the risk is nullified.

Fair enough about will they accept this. This will likely cause a processing error in the pipeline. I do know that over-rides can be and are done.

Your 2nd point is reasonable for a lender to think of it that way. Keep in mind that not all loans are sold to FNMA. All lenders are not Federally Regulated and many use the FNMA series Appraisal Report format.

It does not solve the problem of value reporting on page 2. That's the way I see it, and will be another processing error! The answer as you know by now there is more than one appraisal within the one appraisal. Plus currently many clients require at a minimum the Site Value ready for improvement in the cost approach section. Even though a Cost Approach may not be applicable/necessary for credible results. Site Value and HBU is critical for proper comparable selection.

I like Lee's Open Letter. He opened the Barn door but said little else. :-)
 
Thank you for your thoughtful contribution.

Right back at you. Who appointed you to dictate FNMA policy? I'm guessing nobody? What does Fannie or the public trust have to lose in this scenario. Elaborate....
 
"If this be the case, is Fannie Mae then prepared to accept an appraisal (and mortgage) where the appraiser has chosen “No” to the question “Is the H&BUse of the subject property as improved?"

Lee, I've already told you they will accept this. Do your own due diligence but I am speaking from real experience. They should probably have put this in the newsletter.

The reason they are willing to accept it makes perfect sense. When the HBU is no, the lender's fear is that there exists a financial incentive to alter or break up the property, leaving them with a materially different property than they originally loaned on. But in this case, the loan must be paid off first, so the risk is nullified.
The HBU question on page one can be yes, existing residential,- because the HBU page one is for existing residential of the 2 parcels s including the house - unless it is more max productive and feasible to demolish the house for 2 vacant sites, the HBU page one is existing residential, with the vacant lot having an interim value in use when encumbered with house ( even though when severed the vacant lot has a HBU as a build able site )
 
"One property may, in effect, have two highest and best uses."

~JD Eaton - Real Estate Valuations in Litigation


The unimproved lot may have a deferred highest and best use.
 
is the H&BU AS IMPROVED the current use?", the answer would always have to be yes, eh?
A vacant lot and an improved lot "as is" vs "as if vacant" is the test. The ideal improvement does not exist for either the bare lot or the improved lot...unless the house is "ideal" - i.e.- new, perfect size for the market, no functional issues, etc. BUT "as is" the vacant lot is the highest use available and that could be used for a garden, or to build on, or to do nothing. It's value isn't going to change. It does have a value in use to the owner, otherwise they'd sell it or development. But that is speculating about a future use. Again, here, now, today, it is a vacant lot and that is the HBU of it.

Likewise, the improved lot "as is" is the HBU even if the zoning were different, but was still worth more than the bare lot. It only is a factor if the lot "as if vacant" was worth more than the improved property. We see that when a "tear down" sells and a new home is erected. Therefore, HBU is not an explicit future use of an individual parcel - either vacant or improved.

Again, the agricultural issue where many (if not a majority in my state) of moderate to larger farms consist of 2 or more parcels. I am not about to value those parcels separately as if they were entirely different uses simply because one has a barn or house and one is a vacant field, even if the region is in transition from agriculture to smaller residential parcels, greenfield subdivisions, etc. Due to assessor regulations in my state, even if transferred as a single entity, a parcel that includes land in two different sections gets two different tax parcel numbers.

In a residential lot, assuming both are HBU as if vacant, the lot values are the same. The single grid added is a stand alone sales approach. It is applicable to Lot Vacant or Lot Improved. And the improvements of the improved lot are likely the HBU although they may not be ideal (hence may have external or functional issues) But HBU is not a measure of the ideal improvement IMNSHO. It is simply a question, the use that yields the highest present land value (as vacant) or "implies that the existing improvements should be renovated or retained so long as it continues to contribute to the total market value...." (10th ed, ARE). For rural farm land "improved" could mean irrigation, fencing, etc. But when the land transitions to residential, those improvements are worth more dead than alive. HBU and buyer motivations are important. I had a friend hunt for a house with a separate small shop building for his leathercraft hobby. It took him over a year to find it. Although scarce in the market, was it the highest and best use of the property? Yes. Did it suffer a functional obsolescence? Yes, likely. It didn't return a $ for $ contribution to the dwelling had he simply bought a house and built a shop of similar utility. Just because there was functional obsolescence in the shop does not mean it isn't the HBU of the property despite only an occasional buyer who really wanted or needed that accessory unit.

Likewise a ranch or farm isn't valued by summing the values of the individual land parcels, no matter how readily they could be parceled off. That is summation - which is normally discouraged, or at least, needs careful study. The totality of the property is what is being appraised. Just as we would treat a partial interest or estate, likewise we can value multiple lots under one economic unit, even when we by either scenario need to step back and examine the impact of summation or disaggregation.

Clearly, in many cases, a vacant lot sold separately from an improved adjacent lot may sell for "market" and may sum to a higher price than if sold together as one economic unit. In that case it acts more like a surplus lot than excess. 10 years ago you couldn't give lots away. We sale lots being sold for $5,000 to $10,000. But no one wanted them. The same subdivisions today are selling those lots for $40,000 or more.
 
The first line of Fannies H&BU protocol:

Fannie Mae will only purchase or securitize a mortgage that represents the highest and best use of the site as improved.

Not the USPAP required as vacant. The new edict is not a change, just a clarification. Don't like it, just refuse all GSE related work. Simple.
 
Combined sales are rare. They do happen, but it's so infrequent that a "one size fits all" approach is not appropriate. But here is FNMA implying that it's okay to just treat them as a standard transaction. If there is a demonstrable market (adequate sales of similarly combined transactions) then it might be doable. The reason we're all arguing is that they are one off occurrences and there is no easy or good way to do this one way.

HUD/FHA has the correct approach to solving the problem and all appraisers should study that section of the 4000.1.
 
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