- Joined
- Jan 15, 2002
- Professional Status
- Certified General Appraiser
- State
- California
Everyone knows the entire issue is really about appraiser splits, not consumer protection. We've been telling them that it was the lenders making these decisions all along and that is where the leverage is most appropriately applied. But that strategy still appears still a long shot at best, leastwise in terms of the appraiser splits.
If there are any damages to the consumers as the result of "non-disclosure" that is on the lenders who are doing the disclosing in their loan docs. Any payments that can be extracted from the lenders would ostensibly go to the consumers. Not to the appraisers. The appraisers were never defrauded or lied to by either the lenders or the AMCs. The appraisers all knew in advance of accepting the assignment what the payment would be. No fraud or deception involved.
Maybe a successful lawsuit prompts the lenders to cut off the AMCs altogether. But if that happens what comes next is not a return to selling appraisals door-to-door to the loan origination brokers. What happens next is engagement goes straight to the lenders; the same ones who were directing their AMCs to shop appraisers by price. And who wield complete control over their respective "do not use" lists.
Meet the new clerk in charge of handing out assignments, same as the old clerk.
If there are any damages to the consumers as the result of "non-disclosure" that is on the lenders who are doing the disclosing in their loan docs. Any payments that can be extracted from the lenders would ostensibly go to the consumers. Not to the appraisers. The appraisers were never defrauded or lied to by either the lenders or the AMCs. The appraisers all knew in advance of accepting the assignment what the payment would be. No fraud or deception involved.
Maybe a successful lawsuit prompts the lenders to cut off the AMCs altogether. But if that happens what comes next is not a return to selling appraisals door-to-door to the loan origination brokers. What happens next is engagement goes straight to the lenders; the same ones who were directing their AMCs to shop appraisers by price. And who wield complete control over their respective "do not use" lists.
Meet the new clerk in charge of handing out assignments, same as the old clerk.