Doug Wegener
Senior Member
- Joined
- Apr 14, 2005
- Professional Status
- Certified Residential Appraiser
- State
- 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"
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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"
