FHA policy Unconstitutional

[timd354]

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.

You are incorrect about the Constitution. There is nothing in the Constitution that says anything about federal laws and regulations having to be the same in all of the states and the federal government has made several laws and regulations that have different effects in different states that I can think of. For example, the EPA regulates that gasoline sold in different states and different metropolitan areas must be formulated differently from other states. Additionally, several states in the deep south, including Alabama, Mississippi, Louisiana and others have their voting regulations and proceedures regulated by the federal government in ways that other states do not. The production of many agricultural products are subject to different federal regulations and even federally administered production quotas which are different for different states and different regions. Differing maximum loan limits that FHA can guarantee in differing states, counties, MSA's, etc. Federal bankruptcy laws allow for the different treatment of debtors in different states, with Florida and Texas being much more favorable to debtors than other states, due to unlimited homestead exemptions (This is why OJ Simpson moved to Florida after being sued by the Goldman and Nicole Brown's family). These are just the things I can think of off hand. If you think that I am incorrect, please cite the exact text in the constitution or case law that requires all federal laws and regulations to be uniform among the states.

Before you cite the equal protection clause of the 14th Amendment, please realize that the 14th Amendment's equal protection clause applies to state governments, but does not apply to the federal government.

 

[Bob Ipock]

Doug,

The decision as to when a license or certification renews is up to the STATES...not HUD/FHA. You are holding HUD/FHA responsible for this "unfairness" that is created by the different state appraisal boards.

Personally, I think it would be great for ALL states to have the same renewal date for appraisers.

 

[Stone]

The whole thread is funny when one considers that the OP has no intention of suing, he just knows it is unconstitutional and someone else should sue.

 

[James Micozzi]

The whole thread is funny when one considers that the OP has no intention of suing, he just knows it is unconstitutional and someone else should sue.

He is just ****** off that he did not become certified and is looking to rationalize his decision not to become certified.

 

[Doug Wegener]

****ed off

He is just ****** off that he did not become certified and is looking to rationalize his decision not to become certified.

Its amazing how you can see through the telephone lines and my computer monitor and see
that Im ****ed off.

Nothing could be further from the truth.

 

[Doug Wegener]

Quite correct

You are incorrect about the Constitution. There is nothing in the Constitution that says anything about federal laws and regulations having to be the same in all of the states and the federal government has made several laws and regulations that have different effects in different states that I can think of. For example, the EPA regulates that gasoline sold in different states and different metropolitan areas must be formulated differently from other states. Additionally, several states in the deep south, including Alabama, Mississippi, Louisiana and others have their voting regulations and proceedures regulated by the federal government in ways that other states do not. The production of many agricultural products are subject to different federal regulations and even federally administered production quotas which are different for different states and different regions. Differing maximum loan limits that FHA can guarantee in differing states, counties, MSA's, etc. Federal bankruptcy laws allow for the different treatment of debtors in different states, with Florida and Texas being much more favorable to debtors than other states, due to unlimited homestead exemptions (This is why OJ Simpson moved to Florida after being sued by the Goldman and Nicole Brown's family). These are just the things I can think of off hand. If you think that I am incorrect, please cite the exact text in the constitution or case law that requires all federal laws and regulations to be uniform among the states.

Before you cite the equal protection clause of the 14th Amendment, please realize that the 14th Amendment's equal protection clause applies to state governments, but does not apply to the federal government.

Quite correct but actions by the federal government, however, that classify individuals in a discriminatory manner will, under similar circumstances, violate the due process of the fifth amendment.

 

[Mack McClain]

It is not illegal to discriminate. You can discriminate based on age, height, weight, level of education, level of experience, etc. For example: you can live in this development only after the age of 55, you can ride this ride if you weigh under this many pounds, and you are eligible for this job if you have this degree or this experience.

It is only illegal to discriminate based on race/color/religion!

For the government or any entity to change the education or license level requirement for a job is not illegal.

"Quite correct but actions by the federal government, however, that classify individuals in a discriminatory manner will, under similar circumstances, violate the due process of the Fifth Amendment."

The federal government is not classifying individuals in a discriminatory manor. They are simply requiring a higher level of license/education to perform a job (FHA Appraisals). Again, it is not illegal for corporations or government to require a higher license level, or more education to perform a job.

 

[Bob Ipock]

In this context "due process" means you can have your day in court for the COURT to decide if you have been denied life ,liberty or property.

The AQB sets the specific educational requirements to become an appraiser for FRT's. The AQB says which assignments you can or can't do under a license/certification/or general certification? Is it also a discrimination against the lower license level that you can't appraiser complex commercial real estate?

There are criteria set by the federal government (and all the states as well) that require specific qualifications. If you don't meet those requirements you don't get to play.

To call this deal unconstitutional is just bizarre.

 

[RustyLingerfelt]

Wow, I have to just say wow! How can you be p!$$ed off if you, yes I said you did not get your Certified level of license? Now that HUD/FHA has raised their standards the groans from the lower license level start. Why? If you have been an appraiser for more than three years you have no real excuse except that you just did not want to. There is nothing wrong with a client wanting someone with a higher license to evaluate their loan positions within the current mortgage mess. It's like most of the post here that deal with the AI- you either support them or you don't but everyone knows they have the very best education and support for appraisers yet people don't like them because they think they are better educated? Appraiser logic sometimes escapes me. If you'er mad because you did not reach for a higher license and your business plan was based on "no change" in the residential world then I would suggest either going back to college or finding a new profession that demands less from its suppliers. Nothing is going to stay the same anymore.

Rusty

 

[Stone]

To call this deal unconstitutional is just bizarre.

It really is bizarre.