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Our own Magna Carta

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DonRico

Senior Member
Joined
Nov 26, 2002
Professional Status
Certified General Appraiser
State
South Carolina
I would like to compile a list of initiatives for the American Guild of Appraisers and their AFL-CIO Political Action Committee.
This is our Magna Carta, our Great Charter. We should provide them with focus, and give them a clear set of goals as they represent our position to lawmakers and to bankers.

What are your hot topics ? Feel free to add to these items or suggest other issues. This could be discussed at the next NJ Guild Meeting.

Article 1- Sanctity of an Appraiser’s Signed Work Product.
Demand an immediate halt to any alteration of an appraiser’s finished report by Appraisal Management Companies.
No watermarks, no missing pages, no blacked-out photos. And positively no data mining without written permission of the appraiser. If we continue to allow data-mining, the need for residential appraisals will disappear in less than 5 years.
If a report is altered for any reason, a mandatory notification process to the appraiser is triggered.

Article 2- Elimination of Blacklists and Do Not Use Lists.
(AFL-CIO legal team will have a field day with this right to work issue.)
Any move to de-list a licensed/certified appraiser must be made in writing, with reasons clearly stated, and with a chance for the accused to offer a defense. If a rating system is used to rank appraisers, this must be published and the rating criteria available to anyone on the list.
No more MARI and no more Double Secret Probation.

Article 3- Hold Harmless & Indemnity clauses demanded by AMC’s.
This concept is a farce on the face of it, and needs no further explanation.

Article 4- Fees
Recommend a standard minimum fee structure for all types of appraisal products. Define the added charges for complex assignments, waterfront and rural properties.
Any upcharges for Appraisal Management Company services above & beyond these recommended standard fees are paid for by the lender, the consumer of these services. Not by the appraiser, the provider of services.
All appraisal fees & management charges will appear as separate line items on HUD-1 as mandated by RESPA.

Article 5- Turn-around Times.
Establish a standard Turn-around time of 48 to 72 hours from the time of observation, with extensions granted for complex assignments. A quality Estimate of Value takes time to prepare and document. Nobody needs an appraisal with an 8 hour turn-time. Nobody.
The other side of the equation is that no appraisal should require more than 5 business days. Appraisals for residential lending purposes should not take more than a week, except under extreme conditions.

We’ve just provided the lender with cost certainty and a valid time-line for their planning purposes. We’ve also just eliminated the AMC’s shopping around for the cheapest, quickest appraiser.
The appraisal is an important part of the lending process, a process which normally takes several weeks and costs thousands of dollars in total fees.
The appraisal should not be rushed and certainly should not to be discounted.

Article 6- Reconsideration of Value Requests by AMC’s.
Define a standard process and establish a fee schedule to cover demands for review of additional comparables. It is disingenuous to use a machine-generated AVM as a benchmark for an appraisal prepared by a licensed professional after their first-hand observation of the subject. Time spent by an appraiser to revisit a finished, error-free report shall be compensated at standard rates.


Have at it, boys and girls.
 
DonRico,

The turn out at last weeks meeting was encouraging to say the least. I think that there are many appraisers who are simply tired of the complaining and defeatist attitudes among appraisers and are truly ready and willing effect a change.

We need to organize and actively participate in order to accomlish the goals outlined in your Charter. This will take time and dedication and the efforts of your group demonstrate that you are willing and able. This is the most positive news concerning this profession that I have heard in a very long time. Count me in!
 
Article 1- Sanctity of an Appraiser’s Signed Work Product.
Demand an immediate halt to any alteration of an appraiser’s finished report by Appraisal Management Companies. No watermarks, no missing pages, no blacked-out photos.

I have no problem with that one...that should've never been allowed to occur in the first place.

And positively no data mining without written permission of the appraiser. If we continue to allow data-mining, the need for residential appraisals will disappear in less than 5 years.

Most data mining occurs with explicit permission of the appraiser. If you're using FNMA forms, see Cert #21.

The second part of your statement is not true, since their is historical evidence to prove it false; data mining has been occurring for longer than many have been in the business.

Article 2- Elimination of Blacklists and Do Not Use Lists.
(AFL-CIO legal team will have a field day with this right to work issue.)
Any move to de-list a licensed/certified appraiser must be made in writing, with reasons clearly stated, and with a chance for the accused to offer a defense. If a rating system is used to rank appraisers, this must be published and the rating criteria available to anyone on the list.
No more MARI and no more Double Secret Probation.

I have no problem with that. However, let's see some enforcement on the part of the Guild. After a review, if the appraiser is found incompetent, how about the Guild sanction the appraiser, and send the report to the state...let's not have any of this "let's protect our own under all circumstances" nonsense....that's a huge problem I have with these unions and guilds in the first place.

Article 3- Hold Harmless & Indemnity clauses demanded by AMC’s.
This concept is a farce on the face of it, and needs no further explanation.

I have no problem working toward that goal. I never understood it in the first place...the client is effectively telling the appraiser to lose the E&O if there is a problem...what is the purpose of that?

Article 4- Fees
Recommend a standard minimum fee structure for all types of appraisal products. Define the added charges for complex assignments, waterfront and rural properties.
Any upcharges for Appraisal Management Company services above & beyond these recommended standard fees are paid for by the lender, the consumer of these services. Not by the appraiser, the provider of services.
All appraisal fees & management charges will appear as separate line items on HUD-1 as mandated by RESPA.

Pam,

Remember the question you asked of me yesterday? The answer is explicitly stated above.

I disagree with this one. If you go this route, it means you are unionizing. It also means you've killed the idea before it started. It will never reach the critical mass necessary to get it off the ground. There are too many appraisers in the business that find this offensive (myself included), and don't want the fees being based on the least common denominator.

Article 5- Turn-around Times.
Establish a standard Turn-around time of 48 to 72 hours from the time of observation, with extensions granted for complex assignments. A quality Estimate of Value takes time to prepare and document. Nobody needs an appraisal with an 8 hour turn-time. Nobody.

Not true. I can cite numerous examples. A reasonable time frame should be allowed; an unreasonable time frame should not be demanded.

The other side of the equation is that no appraisal should require more than 5 business days. Appraisals for residential lending purposes should not take more than a week, except under extreme conditions.

Also not true.

One of the things that happens in the real world is that many competent, diversified appraisers have multiple assignments. It may be a week before the appraiser even inspects the property.

These turnaround time management are micromanagement. It's a function of the particular assignment. Demand a reasonable time frame for the assignment and leave it at that.

Article 6- Reconsideration of Value Requests by AMC’s.
Define a standard process and establish a fee schedule to cover demands for review of additional comparables. It is disingenuous to use a machine-generated AVM as a benchmark for an appraisal prepared by a licensed professional after their first-hand observation of the subject. Time spent by an appraiser to revisit a finished, error-free report shall be compensated at standard rates.

Simply require the client to explain in detail what is wrong with the appraiser's analysis, and why the new information is relevant. I've done that in my practice, and it's killed the issue before it started.

Lastly, I want to see what the entry requirements for the Guild are.
  • Is it going to be an anyone can enter free for all; or
  • Is it going to be set up like that of doctors, attorneys, etc. where there are high standards set for membership.
The answer to that is going to go a long way towards failure or success.
 
Articles 4 & 5 on fees and turn time should be a contractual issue. Fees should be negotiated between client and appraiser, as should turn time. Some jobs can be done in 24 hours, some can take a full week. In order to avoid RICO, article 4 needs to be scrapped all together except: "All appraisal fees & management charges will appear as separate line items on HUD-1 as mandated by RESPA." I really like that idea.
 
Don,
We are going to have a meeting of appraisers here in Northeast Pennsylvania this week. I would like to be able to present your Magna Carta to them.

I did want to comment on your max turn time. There are townships here and I am sure in other places, where the municipal building is open on the 2nd Tuesday of each month. I'm not sure that minimum and max turn times can apply on a national level.

Additionally, it is already noted here on this forum, and can be found across the web, that the AMC model is being used to order commercial work. An organization of appraisers needs to address all types of appraisal work, not just residential.

Just my 2 cents.
To come to our meeting, sign into our website: www.PoconoRealEstateNews.com
We will email directions.
 
Fees & Turn-Times

My verb was "recommend" fees, not dictate or mandate. Once a basic fee is widely known, the HUD statement would indicate to the borrower that their appraisal was shopped around for Cheap-o Charlie. And the upcharge for "management" is clearly defined also. Mr. Borrower, you paid $200 for an appraisal, and $250 for AMC to manage it.

Turn-time is measured from time of observation of the subject. A Town Hall being open only once a month would come under the heading of "Extreme Circumstances"

These initiatives are just ideas to get a discussion started at various state level groups. I want whatever lobbying power we have at our disposal to have a set of goals, so we can measure their success.
 
Fees & Turn-Times

My verb was "recommend" fees, not dictate or mandate. Once a basic fee is widely known, the HUD statement would indicate to the borrower that their appraisal was shopped around for Cheap-o Charlie. And the upcharge for "management" is clearly defined also. Mr. Borrower, you paid $200 for an appraisal, and $250 for AMC to manage it.

If this is the path you wish to take, you'll need to hire an attorney to hire the RICO issues.
 
If that be the case, I'm sure the AFL-CIO has attorneys who know the RICO statutes inside out.

Let's let this discussion continue.

Marion, you may use these initiatives to get the ball rolling at your meeting this week. Please post the comments/additions as they develop.

I probably can't make it to the Poconos next week, but the NJ crew has a follow-up tentatively planned for 9/17.
 
Don,
Obviously this is a work in progress and the fact is we have to start somewhere. I for one and happy that you have STARTED things. Modifications can be hammered out. Was the Declaration of Independence written with one draft? Let's get together and work it out. Stop splintering the efforts fo people who only have good intentions. I for one and ready to sit down and constructivly work out what our needs and wants are.
 
Article 1- Already covered under existing Federal & State Laws. Demand must be for Enforcement. Once delivered to a client, what the client does with a report- that is legal - has no bearing on an Appraiser.

Article 2- Elimination of Blacklists and Do Not Use Lists.
(AFL-CIO legal team will have a field day with this right to work issue.) "Right to Work" Laws only apply to EMPLOYEES in approximately 50% of U.S. states and Possessions. Consult your individual states and your employment status.

Any move to de-list a licensed/certified appraiser must be made in writing, with reasons clearly stated, and with a chance for the accused to offer a defense. Legal remedy already exists under Libel and Slander Laws. Consult your individual state Laws.

No more MARI Advocating Restriction of Trade against U.S. private or public corporations which are doing business legally under existing Laws, absent proof of actual Damages, is a moot cause which will fall on deaf ears.

Article 3- Hold Harmless & Indemnity clauses demanded by AMC’s.
This concept is a farce on the face of it, and needs no further explanation. See comment re Restriction of Trade above.

Article 4- Fees Recommend a standard minimum fee structure for all types of appraisal products. Define the added charges for complex assignments, waterfront and rural properties. Price-fixing is illegal. Negotiating fees based on complexity of assignments is legal.

Any upcharges for Appraisal Management Company services above & beyond these recommended standard fees are paid for by the lender, the consumer of these services. Not by the appraiser, the provider of services. Fees charged by Banks, their Agents, OR Appraisers are negotiable.

All appraisal fees & management charges will appear as separate line items on HUD-1 as mandated by RESPA. I support this - see my post on this Issue i.e. letter to HUD by AI.

Articles 5 & 6 Already negotiable refer to Engagement Letters and Assignment Conditions.

"An appraiser must not allow assignment conditions to limit the scope of work to such a degree that the
assignment results are not credible in the context of the intended use.​
Comment: If relevant information is not available because of assignment conditions that limit
research opportunities (such as conditions that place limitations on inspection or information
gathering), an appraiser must withdraw from the assignment unless the appraiser can:​
modify the assignment conditions to expand the scope of work to include gathering the information; or use an extraordinary assumption about such information, if credible assignment results can still be developed."

___________________________________________________________________________________________________

IMO, Congressional and State Legislature PACs including Industry/Union and Consumer Orgs combined with all Appraisal Orgs, the MBA, NAMB, the NAR via its' Appraisal Section - must DEMAND Emergency "Bail out" Funding of Enforcement of Existing Federal and State Laws immediately authorizing substantially INCREASED Joint Federal and State Task Force spearheaded by the U.S. Attorneys Office and Treasury (FBI). ONE STATE AT A TIME, THEN TWO, THREE.....

TRENTON AWAITS. LET JERSEY FIRE THE FIRST SHOT.

BUT.........DO IT RIGHT - BASED ON ...........................FACTS NOT JUST EMOTION.

CAN the Guild, the OPIEU, and the AFL/CIO lead the effort to COMBINE FORCES and accomplish what INDIVIDUAL groups and individual Orgs have not been able to in 20 years ? - Yes.

Will they put their money and political weight where their "membership drive" pitch is?

Remains to be seen. I, for one, am ALL ears (and eyes).

Close the loopholes, ENFORCE THE LAW and End the Game.

Anything less will accomplish nothing.
 
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