J Grant
Elite Member
- Joined
- Dec 9, 2003
- Professional Status
- Certified Residential Appraiser
- State
- Florida
I still want to know what you think is going to happen if the sales contract disclosure and review requirement is retired from USPAP. Do you think your clients are just going to let it go when you bring a value conclusion above or below the contract price - even if only by an insignificant amount?
Value conclusion was $200k, contract price was $200,500. Do you honestly think the average clerk at the lender will let that go without further inquiry? Or is it more likely that "contract review" will simply become another user-defined assignment condition?
What do you think?
IF the regulators or whoever is supposed to be safeguarding were serious about independent value opinions from appraisers, the above would not be a problem. They would have guidelines in place to handle it..such as a lender could lend 1-3% above or below a MVO depending on condition of property , down payment, borrower credit etc. Actually, lenders can do this now, correct ? Only they rarely elect to do so because that would make them liable for the point value $ amount LTV on the loan. The reason the fannie appraisal waiver works is that fannie is liable for their own decision to waive the appraisal since fannie UW the borrower and considers the down payment, condition of property (usually from former appraisals on file ) and performs own evaluation
Alternatively an insignificant amount" difference between a MVO from CS price could be dealt with is RE agents could prep their buyers and sellers this may happen and put that same insignificant amount in their own cash to make up the gap. .
Having a SC price provided would be far less of a problem with a true firewall in place instead of the present compromised system. A true firewall would see AMC;s on govt contract with no affiliation with banks or lenders.
Clearly, nobody on the stakeholder side is serious about removing CS price pressure , or pressure in general, since it is present in refinances as well. It's obvious a higher MV is advantageous in a refinance, and to get it, the same tricks are available to inflate value for those that want to...
I've had more client problems around refinance appraisals that the owner was not "happy" with..and here comes the ROV... than in purchase appraisals.
Some of the refi problems are due to if an owner purchased at an inflated price, then are "Shocked" when it appraises lower...or from those serial refinance folks when the "last appraiser" appraised it high.
To be clear, I have no problem supporting a high MVO in a refinance or CS purchase , as long as that high $ value is credibly supported. There is a difference between a credibly supported high value and an inflated value.
The regulators failed to make a true firewall for it ( no surprise, since they failed to even make an protected dedicated agent or tip line to report pressure.. for appraisers )
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