Sorry Howard and Joan.
12 cfr 226..43, most recently "updated" by the CFPB.
(c)Appraisals required -
(1)In general. Except as provided in
paragraph (b) of this section, a
creditor shall not extend a higher-priced mortgage loan to a
consumer without obtaining, prior to
consummation, a written appraisal of the property to be mortgaged. The appraisal must be performed by a certified or licensed appraiser who conducts a physical visit of the interior of the property that will secure the transaction.
(2)Safe harbor. A
creditor obtains a written appraisal that meets the
requirements for an appraisal required under
paragraph (c)(1) of this section if the creditor:
(i) Orders that the appraiser perform the appraisal in conformity with the Uniform Standards of Professional Appraisal Practice and title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, as amended (
12 U.S.C. 3331et seq.), and any implementing regulations in effect at the time the appraiser signs the appraiser's certification;
(ii) Verifies through the National Registry that the appraiser who signed the appraiser's certification was a certified or licensed appraiser in the
State in which the appraised property is located as of the date the appraiser signed the appraiser's certification;
(iii) Confirms that the elements set forth in appendix N to this part are addressed in the written appraisal; and
(iv) Has no actual knowledge contrary to the facts or certifications contained in the written appraisal.
(d)Additional appraisal for certain higher-priced mortgage loans -
(1)In general. Except as provided in paragraphs (b) and (d)(7) of this section, a
creditor shall not extend a higher-priced mortgage loan to a
consumer to finance the acquisition of the
consumer's principal
dwelling without obtaining, prior to
consummation, two written appraisals, if:
(i) The seller acquired the property 90 or fewer days prior to the date of the
consumer's agreement to acquire the property and the price in the
consumer's agreement to acquire the property exceeds the seller's acquisition price by more than 10 percent; or
(ii) The seller acquired the property 91 to 180 days prior to the date of the
consumer's agreement to acquire the property and the price in the
consumer's agreement to acquire the property exceeds the seller's acquisition price by more than 20 percent.