XI, 404.01: Zoning (01/31/06)
The appraiser is responsible for reporting the specific zoning classification for the subject property. The appraiser must include a general statement to describe what the zoning permits—“one-family,” “two-family,” etc.—when he or she indicates a specific zoning such as R-1, R-2, etc.
The appraiser also must include a specific statement indicating whether the improvements represent a legal use; a legal, but non-conforming (grandfathered) use; or an illegal use under the zoning regulations; or whether there is no local zoning.
We generally will not purchase or securitize a mortgage on a property if the improvements do not constitute a legally permissible use of the land.
We do make certain exceptions to this policy, as long as the property is appraised and underwritten in accordance with the special requirements we impose as a condition to agreeing to make the exception:
•We will purchase or securitize a mortgage that is secured by a one-family to four-family property or a unit in a PUD project if the property represents a legal, but non-conforming, use of the land—as long as the appraiser’s analysis reflects any adverse effect that the non-conforming use has on the value and marketability of the property.
•We will purchase or securitize a condominium unit mortgage or a cooperative share loan from a project that represents a legal, but non-conforming, use of the land only if the improvements can be rebuilt to current density in the event of their partial or full destruction. (In such cases, the mortgage file must include a copy of the applicable zoning regulations or a letter from the local zoning authority that authorizes reconstruction to current density.)
•We will purchase or securitize a mortgage secured by a one-family or two-family property that includes an illegal additional unit or accessory apartment (which may be referred to as a mother-in-law, mother-daughter, or granny unit) as long as the illegal use conforms to the subject neighborhood and to the market. The property must be appraised based upon its current use and the borrower must qualify for the mortgage without considering any rental income from the illegal unit. The appraiser must report that the improvements represent an illegal use and demonstrate that the improvements are typical for the market through an analysis of at least three comparable properties that have the same illegal use. The lender also must make sure that the existence of the illegal additional unit will not jeopardize any future hazard insurance claim that might need to be filed for the property. We will not purchase or securitize a mortgage secured by a three-family to four-family property that includes an illegal accessory apartment.
•We will not purchase or securitize a mortgage secured by a property that is subject to certain land-use regulations (such as coastal tideland or wetland laws) that create setback lines or other provisions that prevent the reconstruction (or maintenance) of the property improvements if they are damaged or destroyed. (The intent of these types of land-use regulations is to remove existing land uses and to stop land development—including the maintenance or construction of seawalls—within specific setback lines.)
** the garage conversion does NOT fall within the Exceptions cited above.
*** absent a required C. of O. there is no way to certify whether the conversion does not not pose a health or safety problem
*** unless policy contains an additional rider covering illegal uses - most h.o. insurance policies are voided when claims are made for fire damage - and the source of the fire was the wiring in the illegal addition
Fannie, and the USPAP, require ACCURATE DESCRIPTION of the subject improvements including potential health or safety issues which MAY negatively impact either livability or marketability.
The conversion exists; it would be misleading to describe it as a garage, it would be misleading to certify it as legal, conforming addition to GLA, when you KNOW for certain it is an Ilegal Use.
When zoning & use ordinances exist, AS IN THIS CASE, and NON-Compliance has been verified during proper Due Diligence, Value Opinion "subject to C.O." is the only way to reliably and credibly describe the improvements and give market-extracted contributory value.
