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Lender insists I provide copy of appraisal to homeowner

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Ken, you are not far off at all. The only thing I see you missed is saying that you are required to provide the borrowers copy to the lender. There is not requirement in law for that (of course it is good business, since most other appraisers do it).

As I understand it, the reason the lender is required to give a copy to the borrower (if the borrower paid for the appraisal), is because some time in the past a borrower sued to get a copy of the report and the judge agreed. Therefore, it is legal precedent more than law that makes this a requirement. Does anyone have more info on this?
 
Thanks, Ben. Good law, as laws go:

(e) Appraisals; copies of reports to applicants; costs



Each creditor shall promptly furnish an applicant, upon written request by the applicant made within a reasonable period of time of the application, a copy of the appraisal report used in connection with the applicant's application for a loan that is or would have been secured by a lien on residential real property. The creditor may require the applicant to reimburse the creditor for the cost of the appraisal

Doesn't seem like there is too much to misunderstand there. Ken, maybe you should quote this to your lender.
 
I too provide 2 Xerox copies of the appraisal, one with a sticky on it that simply says "borrwer."

The lender can use it for their own purposes or tuck it in the file and give it to the borrower whenever.

Yeah, it's the law, but by the appraiser providing a copy to the lender designated for the borrower, it saves the lender's secretary a lot of work.

Of course, the best way is to send it is EDI. Then they can send the borrower a copy EDI or print out a copy for the borrower and pay the postage themselves.
 
This is a cut and paste from the California Office of Real Estate Appraisers. Should be mostly applicable in other states. I try to keep a copy in my briefcase for those sticky wicket borrowers that insist I should give them a copy, they're paying me!

Notice to Borrowers and Homeowners
ALTHOUGH YOU MAY HAVE PAID A FEE FOR YOUR APPRAISAL (EVEN IF YOU PAID THE APPRAISER DIRECTLY), THE LAW PROHIBITS THE APPRAISER FROM PROVIDING YOU WITH A COPY OF THE APPRAISAL REPORT WITHOUT THE CONSENT OF THE LENDER.
HOWEVER, IF YOU PAID A FEE FOR THE APPRAISAL, YOU ARE ENTITLED TO A COPY OF IT FROM YOUR LENDER.

When an appraisal is performed for a lender, the borrower/homeowner is NOT entitled to a copy of the appraisal report from the appraiser. This is because the appraiser’s client is the lender, not the borrower, even though the borrower pays the appraisal fee. A client is defined as the party who directly engages the appraiser to perform the assignment. The client is most commonly a mortgage broker, mortgage banker, or direct lender if the purpose of the appraisal assignment is for a loan transaction secured by 1-4 unit residential real property (for purchase or refinancing purposes). Appraisers receive and accept many appraisal assignments from clients specifically instructing them to collect the appraisal fee at the door (or “C.O.D.”) from the borrower. It is considered a common and
generally accepted practice for the appraiser to collect this payment directly from the borrower on behalf of the client to compensate for the appraisal service. However, this does not render the borrower as the client
or entitle them to a copy of the appraisal from the appraiser.
The appraiser is required to protect the confidential nature of the appraiser-client relationship, and thus is prohibited by law to provide a copy, or disclose the contents of his or her appraisal report to anyone other than the client. Any licensed appraiser violating this portion of the Uniform Standards of Professional Appraisal Practice may be subject to disciplinary action by the Office of Real Estate Appraisers (OREA).
Although the appraiser cannot provide the borrower with a copy of the appraisal without the client’s permission, the borrower has every right to receive a copy of the appraisal from the lender, provided he or
she has paid for the appraisal and the loan involves 1-4 unit residential property. According to California Business and Professions Code Section 11423, a borrower has up to 90 days after the lender has provided
notice of their lending decision to submit a written request for a copy of the appraisal.
 
Lee,

I already lifted that one, it's helped me alot, thanks.

Ken-NC

I don't mean to be a "party pooper" here but your client sure sounds like a CHEAPSKATE!! Educate them.......
 
Ah yes! Thanks everyone. I shall print and fax the quote from the law this morning!

I think I'll even make a few business card sized ones and keep them with me. When the homeowner asks the inevitable "So, how soon can I get my copy?", I'll be "armed and ready"!

Ken
 
Ken:
I was in the process of developing an in house printed brochure which lifted from stuff Jeff had, from the Ca board site and a few others... I lost it both on the computer and paper version :oops: .

I seriously think it behoves us to pre-arm ourselves with disclosure regarding COD's and Borrowers rights. Answers the quetions before they become accusations! :roll:
 
I have a statement at the bottom of my receipt for a COD:

"In compliance with the Uniform Standards of Professional Practice, I cannot discuss or disclose any information in the appraisal report for the above property to anyone except the client name above. Contact the above client for a copy of the report an any questions you may have regarding information in the report."
 
This goes in all my reports

The Client and those listed immediately below are the sole intended users of this report. "Parties who receive a copy of an appraisal...as a consequence of disclosure requirements applicable to an appraiser's client do not become intended users of the report unless the client specifically identifies them at the time of the assignment." [excerpt from USPAP Statement 9]

Intended User(s) of Report: The client and [Fannie Mae, etc.]

Borrower: zzz. The borrower has not been identified as an intended user by the client.
 
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