Hi My Name Is

[Don Clark]

B) Frank,

Great response. I for one believe that if laws and regulations, lot's of them, more of them, were the answer we would have to close all of our jails and prisons.

However, there is one basic regulation I would like to see, in a law that would cover all lenders, mortgage bankers, mortgage brokers, or members , employees, affiliates, or independent contractors of financial institutions:

Any person, employee, affiliate, independent contractor, or other legal entity associated in any way with a financial institution whether federally or state regulated, that influences, coerces, pressures, intimidates, or other wise seeks to influence any state licensed or certified real estate appraiser in the performance of their duties or in the formation of an opinion of value, shall be deemed to have created a criminal act punishiable by not less than $5,000.00 for an individual, and not less than $10,000.00 for any other form of a legal entity, and/or imprisonment for a minimum of 5 years as an individual, and revocation of all license, registration, and privileges to operate within any state for a period of 5 years.

This won't completely cure the problem as you cannot legislate conduct, but it would be a start.

Don

 

[Darrell Hignite]

Don,

I love it, it won't happen, but I wish it would.

How about the customer though. How many times has the little old lady or the pretty young thing, not to mention the cool buisnessman that all have their best intentions, but say to us everyday, I can't get my loan if you don't hit $000,000 and we aren't supposed to be clouded. Let's face it, we all have empathy for this homeowners, but we can not carry over into advocacy for them.

We do our jobs as best we can and them we hear about it for days to come. I just wish the phone calls would stop and they wouldn't call us to tell us how bad we are. But, Alas, that won't happen either. I just love my job as an appraiser and I just shrug off the phone calls as part of the job.

 

[Roger R. Patzold]

Shame on you. Spit out old beer kegs.

They should be savored.

Wish I could have a cold beer right now. Damm medicene that makes me sick when I drink beer.

I still think we should all pray for all those brave young souls going in harm's way for freedm's sake.

Pray and drink cold beer. sounds good to me.

 

[Roger R. Patzold]

Pam, Don Clark has the right idea.

How do we go about setting up a petition to be sent to the Foundation, FIREA, The oversight committee, and all state governing boards with any jurisdiction over appraisers, bankers, brokers, etc.

 

[jtrotta]

Jeff a simple question;

you say you have "High Standards" - we all are required to meet the minimum State & Federal, so can you esplain how we can git these "High Standards" you have B) jus tryin to lighten ya up a bit :mrgreen:

we are what we've been taught by our parents; some choose to listen to Fools along the way, it's their option, the cheaters / lyers & thieves will always be around, (Politicians / Congressman / Lawyers - Et Al) -

your job if you choose to accept it, is to play "Fair"; not be blinded by the Benjamins and if you don't faulter, many, many people will follow you, they will come. Be upfront bout everything and you will reap the rewards of your efforts. As for worrying wether any board is going to stand up for anyone, forgit it and go to work, the Lending business is run by Politicians and mega money people, yer just a little grape an can be squished at any time

h34r:

 

[Terrel L. Shields]

relegated to an income and style of living commensurate with a McDonalds manager

Donno about McD but local Pizza Hut manager drove a BMW.....

I agree that the boards have done nothing about lender pressure, but I learned early after reading my first copy of USPAP about 1991 or 92 that, "Hey, this is meant to condemn us, not save us!" The boards job is to whack errant appraisers, not defend the profession.

I am not sure what sitting in a board meeting does except lead to excessive handwringing but lots of people think it is a tactic we should use. Maybe just to become buddies with the board members. I cannot imagine a more hair shirt job than Board member. Ark. pays $50 a day. You have to have an axe to grind to be motivated to serve on the board. One instructor-board member may have the attitude that "if you had taken my class you would know better." That is a rumor but I would hate to test the man.

From what I have seen, the personal pecularities of the investigator shines through in addressing issues that are not USPAP issues but rather criticisms of style, format, even to the location of photos in a narrative (a long tradition of photos immediately after the letter of transmittal for some local appraisers has boiled over into a supposed lack of how to do a narrative. So sorry but my photos go in back immediately in front of the map exhibits.)

Unfortunately, USPAP and the boards have been used as a threat against appraisers by the crooks to browbeat you into submission or force you to not collect for that appraisal that did not come in. For FHA appraisers and the new HUD one price closing cost proposal, the pressure to reduce fee or not charge for final inspections, etc. will even be worse as the lender attempts to stay within the 110% of good faith estimate.

I for one believe that if laws and regulations, lot's of them, more of them, were the answer we would have to close all of our jails and prisons

amen Don

For one, I do not want the government to get any more involved than they are in what is required to be included in my appraisal reports.

Ditto Frank

 

[jeff samolinski]

Pretty good responses everyone- I like even those that bash me!!!

One thought though about the lack of support for new rules.

Where in God's name do you think the rules on us came from in the first place? They came from the users of our appraisals. The very people that find the need to impose these rules are out there trying to get us to violate them so they can their deals. I just thought for once maybe we can sponsor some rules- I'll bet we could come up with some they will realy not like. We can't get at them directly so why not use our own board to strike a few blows of our own.

Frank: I know I've been a little hard on you but I am trying to find your action button because I am tired of your reasons why this or that can't be done topped off by zero input on what you think needs or can be done. How about resonding to that one. I would like to see if I can support your agenda for the board since none of my first few ideas are any good.

With regard to your opinion about owner's estimated value not being an assignment condition, I am sure that many others would disagree and it certainly would not help my position to have that in my file if I were to ever have to appear before the board for disciplinary measures. Or do you think it wouldn't hurt me?

Same thing goes for your response about new rules. You merely cite existing rules making your position in favor of inaction and that everything we need is already there. Don't think so. Many of us are quite confused about what is a recert. and what do we need to do to be in compliance.

The responses regarding new laws have been what I would have expected from those unable to think outside the box. Pretty standard thought process to say we don't want any new rules because they would automatically be burdensome on us. And I don't blame those people for taking that position, after all most of the rules put on us come from those outside our professions(the users) . There is no reason for the lenders to want to change the system- they now have us to blame and operate under the guise that they desire credible appraisals to protect their money.

Those of you who responded with any ideas, I thank you and those that did not should go back the sidelines and in my mind have forfeited their right to ever post another complaint on this board.

Let me say this about anyone who is willing to step forward with me and bring some pressure on the board to do something instead of hiding behind their busy agenda, or their inability to do anything:

These people will be risking their business lives because to go public with some of these issues an appraiser would most likely be blackballed by any local clients. And what would be the reward- progress could be made so that all of you that sit by the sidelines and the rest of the appraisal profession can operate free from the subtle and not so subtle pressures and abuses by those who use our reports.

Doesn't look very favorable to me but that would be what I call leadership( or business suicide). So where do we go next and who will help( the status quo crowd can leave now) maybe Pam should post some type of new topic related to developing our agenda.

PS- Let those that say it can't be done stand aside from those that want to do it.

 

[jtrotta]

Jeff

over the past 30+/- years in the Real Estate business, I personally sat on two various boards for Realtors; one was the "By Laws Committee" as Chairperson for a few years and even got to write some language that exists today; was involved as a Founding Member for the National Association of Realtors, "Appraisal Section" - held my GRI and CRS before it was the thing to do;

Now with that said, let me take You a step further, why do you insist on comming here to complain, when really all You have to do is get involved. It's that simple, unless your lazy and want everyone else to do it for You!!

Ifn ya can talk the talk, ya gotsta walk the walk - so git to it big boy, I wanna read about what You've done to improve; add; or in some way, helped re-shape our business in the near future; show me what you've
got B)

h34r:

 

[Blue1]

Kinda scanned the thread so forgive me if I repeat.....

I agree it SHOULD be illegal to give an appraiser a 'pre-determined' value...In other words there SHOULD be a specific law in place that dilineates exactly what that means to a lender........HOWEVER......Them's whats got he $$$$$$$ makes the rules and I don't look for that to happen any time soon.

Until then, we must act in our own behalf.....That means: EDUCATE your clients as to what ethical appraisal practice is. Some of them have been getting "targeted" values for so long, they can't fathom why an appraiser would 'come in' and a different value than what they have already agreed with the client the value should be. In this way, you tend to cull the 'bad' clients and keep the ethical ones.

This approach is not for the weak and it requires some sacrifice but, in the end, your appraisals will probably not get reviewed much and your clients will appreciate that and trust that your opinion was given responsibly, ethically and is probably more accurate than 'skippy' who cranks 'em out and counts on getting reviewed.

My 2 cents........Probably what it's worth.... <_<

 

[Mike Simpson]

I scanned the comments too!

More regs-rules-laws (what have you) on appraisers is a waste of time...has been - is - and will continue to be. Norman the number hitter doesn't care about rules, and neither does Larry the Lender, Regina the Real Estate Agent, or Beth the Borrower for that matter.

What we need is legislation allowing appraisers to do their jobs--be the weights and measures they were intended to be, but that would require politicians--first--recognizing there's a problem, and--second--doing something about it...I won't hold my breath!

The proposed two trainee limit would go a long way to shackling sweat shops (if it were enforced--a BIG IF based on history), and that could assist in making AVM's a little more accurate as a result (which isn't saying much).

In a weekly meeting a visiting associate broker just told an office of some 50+ real estate agents that HUD is adding three (3) times the staff to investigate RESPA violations. He also told everyone investigators would be coming after appraiser's too. My question is if HUD's so hellbent on going after appraisers, then why (apparently through acceptance) endorse down payment assistance programs...I'll tell you why...POLITICS! (now I gotta go wash my mouth out again).

-Mike