North Carolina Appraiser Background Check Law Passes

[Evincere]

Let's suppose I owned a national appraisal firm, Trice Appraisal. I order background checks on my employees.

presumably, with their consent? But hey, knowing what you've written in the past, one never knows for sure. Or the fact that your website for $10-$15 bucks allows a BC without providing a SS# - with the caveat that without a SS# the report may be inaccurate and incomplete?

Big Bank now wants all of their AMCs to require background checks. Do their AMCs call me for a copy

.

IF you have permission to share and disperse the report from the "employees" who were BC checked? As an employer and national firm owner, are you suggesting your control and custody of that employees BC check supposed to represent some infallible insurance against manipulation or altercation of the BC report?

Quit trying to confuse and distort the issues here. You consistently remain lock step and myopic to the fact that mandated BCs are not a matter of law, they are a matter of choice, business policies that remain in the realm and control of both the independent contractor and Lender. WHO each party chooses to do business with or whether they wish to comply is a business matter.

Big Bank and AMC will simply have to make due with the Independent Contractor Appraiser who chooses to comply with the BC request/requirement of the Lender and lose the business of the Appraiser who chooses not to do business with Big Bank and their AMC.

Do they call NC and ask them for a copy? You do realize the absurdity of this request, right? I think I understand what they are trying to get at but it is seriously flawed

.

That you think what NC is doing is absurd and flawed is no surprise. You have vested financial interests. The real theatre of the absurd is that you preach and want others to believe that Lenders and AMCs have some constitutional like authority or that they can FORCE Appraisers to obtain BCs.

 

[hastalavista]

Neither here nor there. What the bill says is that if a BC is performed, and it is within one year, it must be accepted regardless of which BC company does it if . IF the state of NC does the check it will be acceptable per the rules. Since NC passed a law it would not be surprising to find they will provide BCs upon request for the Appraiser. And BCs in general will pick up the egregious offenses such as felonies that Lenders are seeking for vetting purposes.

(my bold)

The law doesn't say that. I don't interpret the law that way. You may want it to be interpreted that way and it might be. But it certainly doesn't say that. This is what it says:

...AND TO REQUIRE APPRAISAL MANAGEMENT COMPANIES TO ACCEPT CRIMINAL BACKGROUND CHECKS PERFORMED WITHIN THE PRECEDING TWELVE MONTHS.

What if an appraiser has been licensed for more than a year?
How is the appraiser going to get their state BC and provide it to a client?
Yes, the appraiser could go out and get their own BC done and have it ready. No problem with that.
The law doesn't prohibit an AMC from asking for a BC every year.

I doubt seriously if the state is going to provide BCs to AMCs on demand.

This law sets up the minimum standards for BCs and AMCs.
It states that an AMC must accept a criminal background check performed within the preceding twelve months.
It does not say that the state's BC can be presumed to satisfy this requirement. And, it doesn't say that a BC is a one-time requirement.
So, unless Tar Heels can get a copy of their state's BC and have it at the ready to provide if demanded, or unless the enforcers of this law interpret it to mean what you think it means (which would have to be an interpretation because the law doesn't say what you think it says; that is not my opinion, that is a fact), AMCs can require appraisers to provide a BC if the AMC so desires.
And, in my opinion, that sets up the opportunity for a company who specializes in providing BCs on appraisers to create a central clearinghouse of BCs, updated regularly, and available to clients who the appraiser authorizes.
An appraiser doesn't have to belong to that clearinghouse; he or she can obtain their own BC and provide it directly.

We can disagree all we want. The proof is going to be in the pudding. I'd rather you be right and I be wrong on this. But I don't think that is how it will shake out.

 

[Adios]

YOU POSTED IT! Dang, that's why you get trashed over here. You post something then claim not to.Then why are you bent about this law? Appraisers lobbied and got something done, something they were forced to do by AMCs. Keep telling yourself that.

I am just telling you what the State Coalitions tell me. Only half the States actually have a coalition. Just look at the number of members to total population in any given State and that will tell you the story.

I did not say appraisers are employees. In my example I hypothetically owned an APPRAISAL FIRM. But for sake of debate let's say I was the chief appraiser of a bank and my policy says that my 3 AMCs must have a background check in place on each appraiser on their panel inclusive of constant monitoring. How do my 3 AMCs know or get a copy of these thousands of appraisers background checks? From whom? And does the appraiser sign a release each time? The client cannot accept a background check from an appraiser directly unless they come through a secured system where they cannot be manipulated. What if your background check is wrong and that flawed background check gets handed around to a whole bunch of AMCs?

 

[Adios]

I think the first part is good for appraisers. The second part is highly flawed and potentially harmful to appraisers.

 

[Meandering]

Hi Denis,

I agree with you.

I don't know about any other place, but here, you can go down to the sheriff's office in the county building and order a background check on yourself, from them, and they give you a copy.

They might do that because of gun laws, I don't know.

But it would seem to me, a better solution all the way around that appraisers order their background checks from their local sheriff, and can then distribute those background checks to any clients that want them.

This way, you are not sharing your social security number, birthday, race, gender with any for-profit company that may be shipping your data overseas to be processed and maintained by foreigners.

Identity theft is a real thing, and even the Feds have not been able to secure people's identity information. But when they lose control of it, the take responsibility and provide services to help you deal with the consequences. They do not go out of business, making a profit.

.

 

[Adios]

(my bold)

The law doesn't say that. I don't interpret the law that way. You may want it to be interpreted that way and it might be. But it certainly doesn't say that. This is what it says:


What if an appraiser has been licensed for more than a year?
How is the appraiser going to get their state BC and provide it to a client?
Yes, the appraiser could go out and get their own BC done and have it ready. No problem with that.
The law doesn't prohibit an AMC from asking for a BC every year.

I doubt seriously if the state is going to provide BCs to AMCs on demand.

This law sets up the minimum standards for BCs and AMCs.
It states that an AMC must accept a criminal background check performed within the preceding twelve months.
It does not say that the state's BC can be presumed to satisfy this requirement. And, it doesn't say that a BC is a one-time requirement.
So, unless Tar Heels can get a copy of their state's BC and have it at the ready to provide if demanded, or unless the enforcers of this law interpret it to mean what you think it means (which would have to be an interpretation because the law doesn't say what you think it says; that is not my opinion, that is a fact), AMCs can require appraisers to provide a BC if the AMC so desires.
And, in my opinion, that sets up the opportunity for a company who specializes in providing BCs on appraisers to create a central clearinghouse of BCs, updated regularly, and available to clients who the appraiser authorizes.
An appraiser doesn't have to belong to that clearinghouse; he or she can obtain their own BC and provide it directly.

We can disagree all we want. The proof is going to be in the pudding. I'd rather you be right and I be wrong on this. But I don't think that is how it will shake out.

Listen to Denis. ( Sorry Denis, i might ruin your reputation by agreeing with you.)

 

[Meandering]

must have a background check in place on each appraiser on their panel inclusive of constant monitoring.

Constant monitoring is some BS you are selling,

and exactly why NO appraiser should sign up with your company. We are not criminals on parole. We are citizens of these United States.

Go Away Joan.

.

 

[Evincere]

. You give me way too much credit.

You are quite mistaken. Credit in the true meaning of the word - along with trust - is something earned.

I am just telling you what the State Coalitions tell me. Only half the States actually have a coalition. Just look at the number of members to total population in any given State and that will tell you the story.

I did not say appraisers are employees. In my example I hypothetically owned an APPRAISAL FIRM. But for sake of debate let's say I was the chief appraiser of a bank and my policy says that my 3 AMCs must have a background check in place on each appraiser on their panel inclusive of constant monitoring. How do my 3 AMCs know or get a copy of these thousands of appraisers background checks? From whom? And does the appraiser sign a release each time? The client cannot accept a background check from an appraiser directly unless they come through a secured system where they cannot be manipulated. What if your background check is wrong and that flawed background check gets handed around to a whole bunch of AMCs?

Oh well. That's not our problem, is it. Its the AMCs problem. And quite frankly, I could care less about how they solve their problem with their "lender" or what they need to do to maintain their relationships.
re BC checks.

What is very obvious and clear from countless threads here is what they WILL do, from either ignorance or indifference (more likely both) or the lengths they will go too when it comes to stips, unreasonable and unlawful demands, blacklisting, FOR - ON BEHALF of their Lender relationship.

You suggest that the logistics are not possible or feasible. To the extent it wouldn't work for a McDonald business plan, you're probably correct. But guess what. There are thousands APPRAISERS who have submitted BC to lenders upon request. Golly gee. How was that managed?

 

[hastalavista]

Hi Denis,

I agree with you.

I don't know about any other place, but here, you can go down to the sheriff's office in the county building and order a background check on yourself, from them, and they give you a copy.

They might do that because of gun laws, I don't know.

But it would seem to me, a better solution all the way around that appraisers order their background checks from their local sheriff, and can then distribute those background checks to any clients that want them.

This way, you are not sharing your social security number, birthday, race, gender with any for-profit company that may be shipping your data overseas to be processed and maintained by foreigners.

Identity theft is a real thing, and even the Feds have not been able to secure people's identity information. But when they lose control of it, the take responsibility and provide services to help you deal with the consequences. They do not go out of business, making a profit.

.

Yeah. I totally agree with you. I don't know if my local sheriff or police department would do that. I'd certainly pay for that service and I'd prefer to be the one in control of my information.

 

[Non Sequitur]

I am just telling you what the State Coalitions tell me. Only half the States actually have a coalition. Just look at the number of members to total population in any given State and that will tell you the story.

It has nothing to do with the ratio of members against a state's population, it has to do with the number of licensed appraisers.

I did not say appraisers are employees. In my example I hypothetically owned an APPRAISAL FIRM.

Yep, an APPRAISAL FIRM WITH EMPLOYESS YOU ORDERED BACKGROUND CHECKS ON. Context, Joan context. This thread is about INDEPENDENT appraisers pushing back against you and your AMC friends.

But for sake of debate let's say I was the chief appraiser of a bank and my policy says that my 3 AMCs must have a background check in place on each appraiser on their panel inclusive of constant monitoring. How do my 3 AMCs know or get a copy of these thousands of appraisers background checks? From whom? And does the appraiser sign a release each time?

Not my problem if baby boy Coester can't provide what big bank wants. The big bank can make a business decision, since background checks ARE NOT required by law or regulation, to either waive that requirement or form their own panel. Again, a business decision much like the one you and your AMC friends like to throw in the faces of appraisers.

The client cannot accept a background check from an appraiser directly unless they come through a secured system where they cannot be manipulated.

Bull. There's no law or regulation that states otherwise.

What if your background check is wrong and that flawed background check gets handed around to a whole bunch of AMCs?

Absolutely no difference then when you hand out flawed background checks.