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Where does USPAP say that?

While the supplemental standards rule is long gone, I'm not sure if it is safe to think that if one agrees to an assignment condition and then does not comply or performs it in an irresponsible manner that it is not a USPAP matter.

This was discussed in a thread shortly after the elimination of the SSR:

http://appraisersforum.com/showthread.php?t=130666

Post 11 has a nice summation - "Then it is only a
USPAP matter that the appraiser did what they agreed to do and what they said they did."

One could probably think of multiple items not cited in USPAP that are requirements of the GSE's for example, or simply a function of completing an appraisal on one of the forms. Perform them in a manner that is not credible and it is hard to argue that the USPAP hammer could not be (and has not been) brought directly down on the head of the perpetrator via reference to Standard 1, Standard 2, scope of work rule, ethics rule, competency rule.....
 
While the supplemental standards rule is long gone, I'm not sure if it is safe to think that if one agrees to an assignment condition and then does not comply or performs it in an irresponsible manner that it is not a USPAP matter.

This was discussed in a thread shortly after the elimination of the SSR:

http://appraisersforum.com/showthread.php?t=130666

Post 11 has a nice summation - "Then it is only a
USPAP matter that the appraiser did what they agreed to do and what they said they did."

One could probably think of multiple items not cited in USPAP that are requirements of the GSE's for example, or simply a function of completing an appraisal on one of the forms. Perform them in a manner that is not credible and it is hard to argue that the USPAP hammer could not be (and has not been) brought directly down on the head of the perpetrator via reference to Standard 1, Standard 2, scope of work rule, ethics rule, competency rule.....

The problem is, as noted by others, some folks treat guidelines as rules.
 
While the supplemental standards rule is long gone, I'm not sure if it is safe to think that if one agrees to an assignment condition and then does not comply or performs it in an irresponsible manner that it is not a USPAP matter.
.....

I am just looking for RESGUY to tell us where USPAP says what he stated. When he doesn't find it I would refer him to Page U-14 and AO-19.
 
The Scope of Work is a RULE not a guideline. If you agree to something as part of the Scope of Work ... it is a RULE and covered by USPAP.
 
This idea of USPAP just being 'guidelines' and not 'rules' is just a bunch of semantics. I think the term "Guide" is used in a book publishing sense and not meant as 'guidelines' versus 'rules'. Now that USPAP pulls Fannie Guidelines into USPAP via the SOW rule it then becomes a rule anyway.

If they are just 'guidelines' then they'd never be enforceable under USPAP and we know that isn't the case.

It just doesn't matter what you call it. You basically agree to the 'information' that is in the Fannie Guidelines and that information consists of some specific requirements that have to be followed.

I also agree that once you pull Fannie Guidelines along with all the other rules and regs we have to follow that there's rarely an appraisal out there that isn't violating USPAP somewhere.

I think GLB requirements are being violated most of the time. Among other things, the security provisions of GLB are probably being violated by 99% of appraisers.
 
The Scope of Work is a RULE not a guideline. If you agree to something as part of the Scope of Work ... it is a RULE and covered by USPAP.

Gee, you think?

The problem is that some people treat the GSE guidelines as if they are actually rules - not that they treat their actual rules as such.
 
Subpart B4, Underwriting Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 495
B4-1, Appraisal Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 496

Chapter B4-1, Appraisal Guidelines

Introduction
This chapter describes Fannie Mae appraisal policies, guidelines, and requirements.
In This Chapter
This chapter contains the following sections:
B4-1.1, General Appraisal Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 497
B4-1.2, Appraisal Document Standards, Report, and Property Inspections . . . . . . . . . . . . . . 510
B4-1.3, Special Appraisal Considerations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 529
B4-1.4, Appraisal Report Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 543

B4-1.1-01, General Information on Appraisal Requirements
(07/26/2011)

Examples of Unacceptable Appraisal Practices
The following are examples of unacceptable appraisal practices:
• development of and/or reporting an opinion of market value that is not supportable by market
data or is misleading;
• development of a valuation conclusion based either partially or completely on the sex, race,
color, religion, handicap, national origin, familial status, or other protected classes of either the
prospective owners or occupants of the subject property or the present owners or occupants of
the properties in the vicinity of the subject property;
• development of a valuation conclusion based on factors that local, state, or federal law
designate as discriminatory, and thus, prohibited;
• misrepresentation of the physical characteristics of the subject property, improvements, or
comparable sales;
• failure to comment on negative factors with respect to the subject neighborhood, the subject
property, or proximity of the subject property to adverse influences;
• failure to adequately analyze and report any current contract of sale, option, offering, or listing
of the subject property and the prior sales of the subject property and the comparable sales;
• selection and use of inappropriate comparable sales;
• failure to use comparable sales that are the most locationally and physically similar to the
subject property;
• creation of comparable sales by combining vacant land sales with the contract purchase price
of a home that has been built or will be built on the land;
• use of comparable sales in the valuation process when the appraiser has not personally
inspected the exterior of the comparable property;
• use of adjustments to comparable sales that do not reflect market reaction to the differences
between the subject property and the comparable sales;
• not supporting adjustments in the sales comparison approach;
• failure to make adjustments when they are clearly indicated;
• use of data—particularly comparable sales data—provided by parties who have a financial
interest in the sale or in the financing of the subject property without the appraiser’s
verification of the information from a disinterested source;
• development of an appraisal or reporting an appraisal in a manner or direction that favors
the cause of either the client or any related party, the amount of the opinion of value, the
attainment of a specific result, or the occurrence of a subsequent event in order to receive
compensation and/or employment for performing the appraisal and/or in anticipation of
receiving future assignments;
• development of and/or reporting an appraisal in a manner that is inconsistent with the
requirements of the Uniform Standards of Professional Appraisal Practice in place as of the
effective date of the appraisal;
• failure to address and note adverse factors or conditions that affect value or marketability with
respect to the neighborhood, site, or improvements;
• use of unsupported descriptive comments or drawing unsupported conclusions from subjective
observations. These actions may have a discriminatory effect.
• use of unsupported assumptions, interjections of personal opinion, or perceptions about factors
in the valuation process. These actions may have a discriminatory effect, and may or may not
affect the use and value of a property.
• use of unacceptable terminology including but not limited to:
– “pride of ownership,” “no pride of ownership,” and “lack of pride of ownership”;
– “poor neighborhood”;
– “good neighborhood”;
– “crime-ridden area”;
– “desirable neighborhood or location”;
– “undesirable neighborhood or location.”
Other subjective terminology that can result in erroneous conclusions is equally unacceptable.

Just to note, the underwriter is charged with responsibility to accept or reject the appraisal as to meeting the requirements for the lender and Fannie Mae. The above requirements are not in conflict with USPAP.
 
Where does USPAP say that?

I believe it used to be called "supplemental" guidelines

270 "an appraiser must act in good faith with regard to the legitimate interest of the client use of confidential information and in the communication of assignment results."

368. "SOW: determine perform the scope of work necessary to develop credible assignment results"

"Identification of the problem to be solved requires the appraiser to identify the following assignment elements..394. Assignment conditions"

Our SOW must conform to the lender's stips, if we are to accept the assignment.


Not only doe we have comply with the lender, we have to comply with law
"Competency requires: recognition of, and compliance with, the laws and regulations that apply to the appraiser or to the assignment."

So now add the law book to USPAP's 38 pages, too. :new_multi:
 
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