Help! I've Violated The "tidewater Act"

[Jim ATherton]

I sure stirred up a lively discusion. I am guilty per VA supplemental standards. & I am sure not going to challenge them. We live and learn. Heck I remember when the VA got mad at me and told me I couldnt use color pictures cause all the other appraisers were using poloroid and it made them look bad. I didnt start using poloroids though cause the darn camera would gum up at the worst times. From now on I will be sure and notify - just ask for additional information - without saying why - I wonder if the real estate agent will have a clue?

 

[Don Clark]

B) Roger,

Want a challenge? Report all VA appraisers to every state agency. That will keep you happy for awhile. Seems like you have a lot of time on your hands. BTW, and for the second time I have said this on this thread, I did check with TAF on this and was told that nothing in the VA requirements were in violation of USPAP. If everyone thinks they are, then report all VA appraisers. As I said, I do not discuss value, I simply notify the SAR/Underwriter or the designated POC that if they have any information they wish me to consider, send it to me. I also Fax them a copy of the VA letters I quoted along with an enlarged grid. I do not referrence the sales price, just referrence the VA request and VA's requirement that I notify them if "it appears" that my appraisal will not support their value. Now, go play with that for awhile. We have an annual VA Fee Panel meeting coming up next month. I will be sure and express your concerns. :asleep:

 

[JSmith43]

Don Clark, "Still learning, after all these years".

While you're sleeping on it, of course, I realize the practical problem this all creates. I won't report all the VA appraisers for this apparent forced conflict and I assume you won't either. Trouble is, skippies lawyer can point to unequal treatment.

As always, thanks for pointing out the error of my thinking :rofl:

 

[jeff samolinski]

Why hasn't anyone that does VA appraisals discussed this potential conflict with the VA and got them to issue something "in writing" stating that this riduclous requirement that is obviousely a blatant concession to the lenders is not in conflict with USPAP or any of its advisory opinions?

It looks to me like it sure might be a violation!!!!!

 

[Carnivore]

Jeff,

Small problem that does not need to be fixed. Who is going to know. What state board is going to b_tch slap you for doing your best within the rules of VA. Tough to take out an appraiser when official government documents allow your action.

This is the VA's way of placating lenders and agents. Hopefully this will stave off any attempts to go Lender select.

 

[Don Clark]

B) Andrew, Jeff, Roger, Et Ux

The one thing I think all that are concerned are missing is this. In all cases an appraisal is completed and is placed in a work file. I cannot speak for all VAappraisers but I carefully document when, why and how I notified either the POC or the VA SAR/Underwriter. What they supplied me with, if anything, and the results of my "consideration" of any additional information. There is nothing that says I must use what I have been provided, just consider it. But, in all cases, it is documented, an appraisal is completed, and a work file is made and kept for the required period of time. Wherein is the violation? A violation would be if I had received a request, had not documented what I had done, and had not made a work file. Not too big of a deal anymore as, thanks to complaints from lenders and realty agents, we have so many VAappraisers coming out of the wood work(2,000 added to panel) that this is seldom an issue anymore. Also, this is very similar to a "staged" appraisal that the AI was touting as recent as last year. Gee, maybe they know something about USPAP too?

 

[Tom McDowell]

Jeff, The VA circular does just that.

 

[Carnivore]

Here ya go Jeff, The VA is the client, you can do anything they want you to do.

VA IS CLIENT Link

I posted this because I thnk its important to know what the industry is trying to do when they deal with USPAP.

Originally, the link below caused a big stink. Essentially it made appraisers backup and look over what they had alrady finished.

VA Circular

Now they call them staged assignments, which is OK. People ask other professionals all the time to go back over and review there work they already completed. Its normal in todays society.

 

[JSmith43]

Don Clark said:

And, for everone who will bring up "range of value" as being an appraisal, in such cases I have not indicateda range of value. I have indicated no value at all. Without an indication of value, there is no appraisal.

I disagree with the above statement and supported my view.


Don Clark later said:

Wherein is the violation? A violation would be if I had received a request, had not documented what I had done, and had not made a work file. Not too big of a deal anymore as, thanks to complaints from lenders and realty agents, we have so many VAappraisers coming out of the wood work(2,000 added to panel) that this is seldom an issue anymore. Also, this is very similar to a "staged" appraisal that the AI was touting as recent as last year. Gee, maybe they know something about USPAP too?

Sounds about right to me.

I guess it would be fair to conclude I've been sticking up for you lately :rofl: and I will whenever it makes sense to me.

 

[CANative]

Don,

My meek contribution to this thread was not meant in a perjorative way. I wasn't even mildly concerned about "breaking appraisal law."

I was just pointing out that the statement "that is not an appraisal," is not an accurate statement if one looks at the definition of appraisal and the comment within the definition.

I have been contacted by VA to apply, but have not done so. It sounds like a thankless, low paying, high stress line of work.