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FHA policy Unconstitutional

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Doug Wegener

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Certified Residential Appraiser
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Oregon
FHA: The Housing and Economic Recovery Act (HERA) requires FHA-approved appraisers to be state certified or part of a national organization. FHA is expected to only consider certified appraisers for the roster but this could vary state by state for the next 12 months. States with high numbers of certified appraisers (approximately 29) will be required to implement the new rule immediately. The remaining states will have up to 12 months for licensed appraisers to get certification.

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This is patently unconstitutional. If there is anything that is certain about the Constitution
it is that the law has to be uniform throughout the country. You cant have one law for New York and a different law California.

Licensed appraisers in States where FHA is cutting them off without the one year grace period have good grounds to win in court.

BTW, my recent FOIA request for HUD's interpretation of the law were denied. HUD attorneys are claiming attorney/client priveledge and

"the attorney work product protects documents prepared in anticipation of litigation; therefore, this information is being withheld"
 

BRCJR

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Professional Status
Licensed Appraiser
State
Virginia
FHA: The Housing and Economic Recovery Act (HERA) requires FHA-approved appraisers to be state certified or part of a national organization. FHA is expected to only consider certified appraisers for the roster but this could vary state by state for the next 12 months. States with high numbers of certified appraisers (approximately 29) will be required to implement the new rule immediately. The remaining states will have up to 12 months for licensed appraisers to get certification.

*******************************

This is patently unconstitutional. If there is anything that is certain about the Constitution
it is that the law has to be uniform throughout the country. You cant have one law for New York and a different law California.

Licensed appraisers in States where FHA is cutting them off without the one year grace period have good grounds to win in court.

BTW, my recent FOIA request for HUD's interpretation of the law were denied. HUD attorneys are claiming attorney/client priveledge and

"the attorney work product protects documents prepared in anticipation of litigation; therefore, this information is being withheld"

Was does "part of a national organization" mean?
 

Mike Kennedy

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The Appraisal Foundation offers its sincere gratitude to these organizations for their professional and financial support.

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American Society of Appraisers
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Designated Members of applicable Appraisal Orgs. relevant to HUD/FHA
 

BRCJR

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State
Virginia
It looks as though "part of" means "member of"?
 

Doug Wegener

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Apr 14, 2005
Professional Status
Certified Residential Appraiser
State
Oregon
HUD Doesnt Know

Was does "part of a national organization" mean?

HUD DOESNT KNOW OR AT LEAST THEY ARE NOT RESPONDING. THERE IS A GOOD LAWSUIT
HERE FOR A LICENSED APPRAISER SOMEWHERE.
 

Lobo Fan

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Nov 28, 2004
Professional Status
Certified Residential Appraiser
State
New Mexico
In the past HUD has used the word certified to include licensed appraisers. They deem certified to mean being approved by the state to perform appraisals. It is my opinion that nothing at all will change. That ought to send the certfied elitists on this board into a fit of frenzy.
 

Doug Wegener

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Joined
Apr 14, 2005
Professional Status
Certified Residential Appraiser
State
Oregon
Nar Press Release

Was does "part of a national organization" mean?

That was from a NAR press release and I didnt catch the "part of a national organization". They
are wrong about that. HUD hasn't said that .
 

Michigan CG

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Certified General Appraiser
State
Michigan
Instead of trying to come up with a $100,000 retainer fee for an attorney, spend $5,000 (and less time) and get Certified.

This is every class needed to be Certified, I am guessing most don't need all of the classes.....the time is now to get it done.....or choose a new career.

I got this from the AI:

Principals offered 11 times through February; $625
Procedures, 14X -Feb; $625
Finance/stats, 5X - Feb; $275
Highest and Best Use, 7x -March; $525
Res sales and Income, 5X - March; $450
Cost and Site, 10X - Feb;$240
Report Writing, 5X-March; $275
Advanced case studies, 4X - March; $275

Total cost...$3,290

Add $100 gas per class, add 22 nights of hotel at $50 and total cost is $5,090. If you pass the AI class tests you should be able to pass the state test.
 

PropertyEconomics

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Jun 19, 2007
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Certified General Appraiser
State
New Mexico
In the past HUD has used the word certified to include licensed appraisers. They deem certified to mean being approved by the state to perform appraisals. It is my opinion that nothing at all will change. That ought to send the certfied elitists on this board into a fit of frenzy.


Lobo .. still fighting it I see ....
 

PropertyEconomics

Elite Member
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Jun 19, 2007
Professional Status
Certified General Appraiser
State
New Mexico
That was from a NAR press release and I didnt catch the "part of a national organization". They
are wrong about that. HUD hasn't said that .

Doug ... NAR wasnt wrong ... its part of the law .. read the law if you want to know what it says. HUD must abide by the law.

OH .. and good luck on your law suit .. I would guess it wont get very far but I do wish you luck.
 
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