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FHA Portability/Confidentiality/Client

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matt howard

Freshman Member
Joined
Mar 31, 2004
Professional Status
Certified Residential Appraiser
State
Washington
Hello,
I recently received a phone call from a lender asking me to satisfy underwriter requirements for an FHA appraisal that was completed approximately 30 days ago (effective date). The Lender was not my original Client. I informed them that I did not believe I could provide this as they were not my Client, and that by discussing, altering, or providing additional information for this appraisal I would be providing/disclosing the original Client's confidential information. I then researched this and saw that beginning 01/01/2010, an FHA appraisal will have "portability", and that a Borrower may request that an FHA appraisal be transferred to a different lender. I am aware that there are many new rules surrounding these issues, and that there are rules to prevent "appraiser shopping". My questions are as follows: Is an FHA appraisal currently (today) "portable". Am I obligated to provide additional info, comps, corrections, or statements for a different Lender than my original Client (at no charge)? This seems problematic. Am I to understand that I am obligated to satisfy any/multiple underwriters who utilizes the appraisal? In reading about the FHA changes effective in 01/01/2010, I read where an appraiser may change the Client's name only, and state this in an amended scope of work. I may be wrong here, but doesn't it seem, as a minimum, that the new Lender should be asking for a Lender/Client change on the appraisal (with scope of work change), and that they should provide me with a written order reflecting this? I would then establish a relationship/work order for the new Lender, and could charge a fee for the additional services requested. I completed the original appraisal for a mangement company, was paid next to nothing, provided nine comps, provided extensive commentary, and put up with the original underwriter's requests for more info. Do I really have to complete the same steps for someone else? If this is the case, does this mean that for every FHA appraisal that I complete, I have to answer any questions/condition of any underwriter for the four months that the appraisal can be utilized? Any information would be greatly appreciated. I understand the logic behind portability in terms of fairness to the Borrower. Thanks.
 
No.....don't Do Anyting....just Search Around, There Are Numerous Threads Covering This.
 
Make a five minute phone call to HUD. Your best bet.
 
As of 01/01/2010, the appraiser may enter into an agreement or accept an assignment to change only the name of the lender according to ML 2009-29. The key word is "May".

...To effect a client name change, the second lender and the original appraiser may engage in a new appraisal assignment wherein the scope of work is limited to the client name change.

This does not say the appraiser "Shall" or "Must".

Now, if the appraiser decides to accept this type of agreement, then he/she must follow USPAP.

Here is the Q&A from the ASB in Oct. 2009:

Question:

An appraiser completed an appraisal for Client A. Client B received a copy of the appraisal from Client A and finds it acceptable for their purposes, but wants to be identified as the client in the appraisal report. Client B is aware that appraisers are prohibited from readdressing (or transferring) a completed report to a different client’s name. As a result, Client B would like to engage the appraiser in a new assignment, limiting the appraiser’s scope of work to only identifying them as the new client. Can the appraiser complete the assignment from Client B under these terms?

Response:

No. USPAP requires the scope of work performed to produce credible assignment results. USPAP clearly establishes that the scope of work is determined by the appraiser. If a client’s instructions (i.e. assignment conditions) limit the appraiser’s scope of work in a new assignment to simply identifying a new client, the client, not the appraiser, has made the scope of work decision.

In addition, even if the appraiser accepted the client’s proposed scope of work as his or her own, that scope of work may not be adequate to produce credible assignment results as required by USPAP.

As is the case with all assignments, when a client’s assignment conditions are too restrictive to produce credible assignment results, an appraiser must decline or withdraw from an assignment.
 
Ditto Norton and NC. You can find answers to your questions and how to proceed just by searching this forum. NC's method may be quicker though. This topic has been covered so much here it'll take you quite some time to read all the responses. As far as being "paid next to nothing", can't help you there. That was your choice.
 
Hello,
I recently received a phone call from a lender asking me to satisfy underwriter requirements for an FHA appraisal that was completed approximately 30 days ago (effective date). The Lender was not my original Client. I informed them that I did not believe I could provide this as they were not my Client, and that by discussing, altering, or providing additional information for this appraisal I would be providing/disclosing the original Client's confidential information. I then researched this and saw that beginning 01/01/2010, an FHA appraisal will have "portability", and that a Borrower may request that an FHA appraisal be transferred to a different lender. I am aware that there are many new rules surrounding these issues, and that there are rules to prevent "appraiser shopping". My questions are as follows: Is an FHA appraisal currently (today) "portable". Am I obligated to provide additional info, comps, corrections, or statements for a different Lender than my original Client (at no charge)? This seems problematic. Am I to understand that I am obligated to satisfy any/multiple underwriters who utilizes the appraisal? In reading about the FHA changes effective in 01/01/2010, I read where an appraiser may change the Client's name only, and state this in an amended scope of work. I may be wrong here, but doesn't it seem, as a minimum, that the new Lender should be asking for a Lender/Client change on the appraisal (with scope of work change), and that they should provide me with a written order reflecting this? I would then establish a relationship/work order for the new Lender, and could charge a fee for the additional services requested. I completed the original appraisal for a mangement company, was paid next to nothing, provided nine comps, provided extensive commentary, and put up with the original underwriter's requests for more info. Do I really have to complete the same steps for someone else? If this is the case, does this mean that for every FHA appraisal that I complete, I have to answer any questions/condition of any underwriter for the four months that the appraisal can be utilized? Any information would be greatly appreciated. I understand the logic behind portability in terms of fairness to the Borrower. Thanks.

This thread from yesterday

http://appraisersforum.com/showthread.php?t=162642

note post #8
 
Jay,

Thankds for that link....I read through that thread and it answers the monthly FHA question the best with links to other discussions.

I made the linked thread a "sticky" so it will be easily found and referenced in the FHA section.
 
Jay,

Thankds for that link....I read through that thread and it answers the monthly FHA question the best with links to other discussions.

I made the linked thread a "sticky" so it will be easily found and referenced in the FHA section.

From what I've seen, seems this exact or similar question gets asked almost daily (vs monthly) m2:
 
TRANSFERRING APPRAISALS
http://www.HUD.gov/offices/adm/hudclips/letters/mortgagee/files/09-29ml.doc New 2009 letter effective Jan. 2010

http://www.HUD.gov/offices/hsg/sfh/ref/sfhp2-17.cfm

http://www.HUD.gov/offices/adm/hudclips/handbooks/hsgh/4000.2/40002c4HSGH.doc


Here is a email exchange that I found from another thread:

email to info@fhaoutreach.com or contact us at 1-800-225-5342. Please do
not respond to this email unless you need further clarification or wish to
initiate a new service request.

FAQ : When a case number is transferred with a completed appraisal, may a
new appraisal be requested?

Solution Details : Under the Uniform Standards of Professional Appraisal
Practice (USPAP), a lender may send an existing appraisal to another lender,
and the receiving ?new? lender may accept an appraisal prepared for another
lender/client. However, the new lender may not ask the appraiser to
"transfer" the appraisal, i.e., readdress the name of the client or lender
on the appraisal itself. If the appraiser is requested to change the name of
the lender/client on the appraisal, the appraiser would be required to
prepare another appraisal to comply with USPAP. FHA does not require the
appraiser to ?transfer? (as defined by USPAP) the appraisal, change the name
of the client/ lender, or the name of the borrower on a FHA appraisal. When
a case number is transferred, and the appraisal has been completed and is
still effective, the new lender must use the existing FHA appraisal and may
not request a new appraisal or ask the appraiser to "transfer" the appraisal
by changing the name of the lender/client or borrower on the appraisal.
 
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