FHA policy Unconstitutional

[Michigan CG]

......it was the Appraisal Institute who sold us out...... , 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 looked to the AI, who acted for their own benefit (selling more education dollars) instead of helping all appraisers or the nation. ........ AI members who would rather have us all suffer.

......blindsided by this AI sponsored act. ......

Why is the AI the bad guy, all of the national appraisal organizations were part of this legislation?

Last I knew there are no SRA appraisers who are Licensed....all are certified.....correct me if I am wrong.

Why is everything the fault of the AI?

 

[Doug Wegener]

Equal protection of the law

Oh really! so, what planet are you living on. there are tons of laws that different from state to state, on a variety of topics, etc. Show me in the Constitution where it states that the laws have to be uniform throughout the country. You can't because it is not the any article or amendment of the constitution. Now, I understand that you feel it is not fair that you are going to be excluded from the FHA roster based on you license level. Life isn't fair. Just get certified, it will be easier on you wallet than spending tens of thousands of dollars on a useless lawsuit.

No offense, but your quite ignorant. State laws can vary from state to state. But Federal laws
have to be the same throughout the United States. When Congress passes a statute it applies
everywhere the same. Its quite illegal what HUD is doing.

http://en.wikipedia.org/wiki/Equal_protection

Equal protection of the law

 

[PropertyEconomics]

No offense, but your quite ignorant. State laws can vary from state to state. But Federal laws
have to be the same throughout the United States. When Congress passes a statute it applies
everywhere the same. Its quite illegal what HUD is doing.

http://en.wikipedia.org/wiki/Equal_protection

Equal protection of the law

Doug ... the biggest problem I have with your post is that HUD isnt doing it .. Congress did it .. ITS IN THE LAW .. its not something HUD made up.

Have you read the law ....???

 

[PropertyEconomics]

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?

No national appraisal organization can CERTIFY anyone. That little chore is given only to the states. My guess is it is a mistake in the law and it was suppose to have said designated .. but it doesnt.

FIRREA only allows States to certify appraisers under federal rules. It is a federal law implemented by the states when it comes to certification.

It is what it is.

 

[Doug Wegener]

Have you read the law?

Doug ... the biggest problem I have with your post is that HUD isnt doing it .. Congress did it .. ITS IN THE LAW .. its not something HUD made up.

Have you read the law ....???

Yes, I did as a matter of fact. Have you?

If you did, you will see that Congress passed a law requiring that says in part that as of the effective date.Oct. 1 if I remember correctly, appraisers approved have to be certified by the State.

What HUD is doing,illegally, is extending a grace perior in some states and not in others. That is not in the law. It is a HUD interpretation of the law and it will NEVER stand up in court. The Constitution does not allow that.

Also, it appears that HUD is completely ignoring the section about certified by a national recognized appraisal organization since a licensed appraiser who is designated and not on the roster could not get on it now.

 

[Couch Potato]

Your right.

No offense, but your quite ignorant. State laws can vary from state to state. But Federal laws
have to be the same throughout the United States. When Congress passes a statute it applies
everywhere the same. Its quite illegal what HUD is doing.

http://en.wikipedia.org/wiki/Equal_protection

Equal protection of the law

You are so right. It's just like those illegal higher limits on loans for high cost areas like California. :new_all_coholic:

 

[Doug Wegener]

I havent looked at the authorizing statute for that. I suspect the statute allows for that. Could it be challenged?Possibly.

But if you look at the statute authorizing certified appraisers it doesnt say that California will have a year grace period and it shall be effective immiediately in other states. HUD is doing that by interpretation not by statute. Licensed appraisers in "non-grace period" states are being denied equal protection of the law.

Sarcasm is not a particularly desireable quality in anyone, btw.

 

[Couch Potato]

I like it.

Sarcasm is not a particularly desireable quality in anyone, btw.

I find it is the best response to stupidity. It is especially fun with the dumb people who don't get it. Do you see the value in being Certified yet? (Post #10 in the linked thread is particularly interesting reading.)

 

[Doug Wegener]

Authorizing statute

I havent looked at the authorizing statute for that. I suspect the statute allows for that. Could it be challenged?Possibly.

But if you look at the statute authorizing certified appraisers it doesnt say that California will have a year grace period and it shall be effective immiediately in other states. HUD is doing that by interpretation not by statute. Licensed appraisers in "non-grace period" states are being denied equal protection of the law.

Sarcasm is not a particularly desireable quality in anyone, btw.

For the fun of it, I looked at the Economic Stimulus Act of 2008 which authorized the current FHA loan limits. The stature clearly spells out that the loan amount is to be based on median sales prices in an area. Arguably, Congress made an attempt for equal protection under the law based on the median sales price and the statute authorizes them to do it.

The Legislation authorizing Certified appraisers only makes no mention of a grace period and no mention of treating appraisers differently in different states. Its purely a HUD invention and an example of a government agency acting outside what the law authorizes them to do.

 

[OSU Beavers]

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.

Why is the AI the bad guy, all of the national appraisal organizations were part of this legislation?

Last I knew there are no SRA appraisers who are Licensed....all are certified.....correct me if I am wrong.

Why is everything the fault of the AI?

Yes James, I will never appraise a property worth over $1,000,000 in my area over the next 20 years so there was no "handwriting on the wall". The irony is that the only two appraisers in my area that upgraded in 2007 were Skippies.

Tim, we as appraisers never get any input on the laws that affect us. AI had a chance to reverse this mess and they blew it. All they had to tell congress was 1) Bring back the pre-1994 rotational panel 2) Bring back the live class requirement and 3) Bring back the 50 question live test. Instead they asked for a meaningless requirement which stands to line their pockets with additional class revenue.

And of course they included a loophole which allows them to certify whomever they want. Nice.