FHA policy Unconstitutional

[PropertyEconomics]

PE, I usually think you are spot on on most topics. As we keyboard there is a HUD definition of 'certified" that would have to come into play, until their letter is public.


I do not think you can find anyone in contempt of the law until that time.

I will only agree, that a licensed is in violation, when you or someone else provides a defintion of 'certified" that Congress states they used in the law.

No guessing what definiton of certifed Congress utilized, but in writing.

Bill since the states are the only ones under law allowed to Certify appraisers I think its parsing words. Certified means certified. If you are certified in your state then you qualify. Where the issue becomes muddy is the language about a Nationally Recognized Appraisal Organization, which quite frankly, dont have the power of certification.
It is what it is.

 

[Bama Bayou]

The statute says the appraiser must be certified by the state in which the property is located. That part is very clear.

 

[Donna Quixote]

Wow, heated discussion on this one folks. I take offense to the elitist title just because I did the hard work to become Certified. Handwriting was on the wall for 2 years about education requirement changing and a lot of us made the effort to better ourselves for our business and we knew that pretty soon just the title of Licensed was not going to get us very far. Take into account the recent disaster on Wall Street and all of the Lender fraud and guess who is going to be added to the blame for this mess.

So, this may be elitest to you. but many of us have worked hard to better ourselves and many of us also feel that it is just fine and dandy that we get more work out of this. I am glad that you are becoming certified and the education you get will make you a better appraiser.

And as far as someone not being able to appraise at all after one year can be very unfair. I got every crap assignment that came in my first year, every unique property that the others wanted to pass on because they knew what a pain in the butt it was going to be. You can learn an awful lot when you get all the hard ones for 12 straight months and have to have other appraisers who knew what they were doing explain everything to you.

 

[Greg Bell]

Fight certified tyranny...Licensed appraisers need love to..............

 

[Smokey Bear]

And which Article of the Constitution does this violate? Surely you have some caselaw to support your position..... or don't give up your day job. You don't sound much like a constitutional lawyer.

 

[Mr Rex]

Unconstitutional? That's the funniest sheit I've heard since Carlin died.

 

[AJL118]

I thought we had a Supreme Court who has the final say on such matters as Constitutionality. But it is Sunday nite and I have had a long day of Scotch and football, so what do I know.

 

[BRCJR]

Bill since the states are the only ones under law allowed to Certify appraisers I think its parsing words. Certified means certified. If you are certified in your state then you qualify. Where the issue becomes muddy is the language about a Nationally Recognized Appraisal Organization, which quite frankly, dont have the power of certification.
It is what it is.

What is your take on the law now giving an avenue for them (Nationally Recognized Appraisal Organization) to jump through the hoops to be capable of certifying an appraiser for HUD?

 

[OSU Beavers]

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.

While I agree with this 100%, it was the Appraisal Institute who sold us out. If it had been Congress who chose the words I would say Lobo is right, but AI added it with the Certified only intent. Their shortsighted intent was to restrict HUD work to the certified elitists, yet they put the Nationally Recognized Appraisal Organization loophole in the bill to keep any of their SRAs who are still only licensed from getting kicked off the list.

Congress did not have a clue. If they did, then they could see that doubling the number of FHA loans while cutting the number of HUD appraisers in half was not a smart idea! Congress looked to the AI, who acted for their own benefit (selling more education dollars) instead of helping all appraisers or the nation. They could have ensured that borrowers have a chance of getting an honest appraisal by asking Congress to bring back the pre-1994 rotational panel, but no there were a few "I get 30 FHA orders a month from my favourite client" AI members who would rather have us all suffer.

The most logical thing to do would be to grant a two year grace period to allow those of us who were blindsided by this AI sponsored act. It sounds like most of us are going to get just under one year, which will be a hardship was we don't really have $5,000 to burn in a down market.

 

[James Micozzi]

The most logical thing to do would be to grant a two year grace period to allow those of us who were blindsided by this AI sponsored act. It sounds like most of us are going to get just under one year, which will be a hardship was we don't really have $5,000 to burn in a down market.[/QUOTE]

Blindsided?????? A blind man could have seen the handwriting on the wall regarding certification. You had over two years to become certified, which included the last few years of an "up" market. So don't cry that you can't afford it. Just because you chose not to then, don't whine about it now.