USPAP,
Your phrase is " It is the enforcement, stupid", right?
So I guess you are in favor of NC having a board? Right? Or do you wish NC would dissolve the board?
I am in favor of all NC having an appraisal board made up of honest ethical appraisers (and others) who have not made political contributions in order to get appointed. I am in favor of appointments being made in compliance of both the letter and spirit of the 93E. I am in favor of term limits for board members. I am in favor of a board that is willing to put disciplinary guidelines in writing and then follow them. I am in favor of a board that is willing to revoke a license when it needs to be done and to stop allowing appraisers to simply surrender their license and walk away with no details available to the public. I would not be opposed to the NC Legislature removing those on the present board and making some better choices than have been made in the past.
Would appraisal fraud be up or down if we did not have a board with laws?
Good question. I there more evidence of fraud over the last 5 years or 1990-1995 or 1995-2000 or 200-2005. I would have to say that the highest fraud has been over the last 5 years. The NCAB (board members) have fed, fostered and nurtured fraud by their lack or adequate disciplinary action over the past 20 years.
I would say up, because in back of every appraisers mind there is a chance that they could get their license taken away. I took your USPAP class....you went over the las test disciplinary actions.
Disciplinary action has been far too lax. Go back as far as you like in the Appraisereports and check for ACTIVE suspensions. Until the last year, it was very, very uncommon for any suspension to be active. These are facts...please go back and count the active suspensions vs inactive suspensions and you will see.
The same point can be made for the AMCs and them being regulated. At the very least, it will keep them from getting "ballsy". If they want to do business in this state, they will have to play by our rules. Now will the Skippy firms turn them in, no thats another topic. But for appraisers like you and me, if they screw up, we will turn them in.
Turn them in for what? If they don't register and a complaint is made....they will be allowed to register. Beyond registration I don't see a single issue in the list that I would have a complaint about for any AMC over the last 3 years at a minimum. How many AMCs will be stupid enough to put anything in writing that violates the AMC Law? There will ve violations.....and very little evidence. What are the critical issues that complaints will be filed for? Since 01/01/2011 how many written complaints have been filed with the NCAB?
If the NCAB had enforced 93E and the board rules concerning APPRAISER there would not be any issue with these AMCs. Appraisers who have refused to bend and break rules and laws for the AMCs are not too worried about this limp-wristed AMC law.
I don't see much in the law to enforce and if so I don't believe appraisers are going to file written, signed complaints. The number of complaints FROM appraisers regarding appraisals has dropped like a rock since the "no anonymous complaints" law was passed. Do you really think many appraisers will have the guts to file a complaint against an AMC? I don't think so based on the similar situation with other complaints.
Then you go on to say "we do not need more laws, just enforce the one we have". How do you enforce laws on AMCs, if there are not any?
Cannot have it both ways.
If 93E had been properly enforced starting in 1990-91 there would be zero need for an AMC Law because there would not be enough "team player" appraisers left to serve the AMCs. Why does anyone expect AMC enforcement to be any more successful than appraiser enforcement has been?
Will the new AMC law do any good? Somewhat. Did it get watered down? Sure, what bill does not. Bills are about compromising, if we did not, we would not have anything.
My biggest gripe is not the AMC law but the failure of "appraiser leaders" to inform their folks about what the final version says. I see and hear weekly from appraisers who don't know what got passed....they only know what they were TOD would be passed. It is what it is. It is very misleading for any appraiser to let others continue to repeat mis-information.
Final thought. You keep bringing up "what good will it do", and few answers that. I keep asking you "what did it hurt", and you fail to answer it.
So what is your problem? If it did not hurt anything, whats the deal? What are the conspiracy theory against these guys? So we can take their CE? Do you have some insider info that you want to share? Why did you not start a ground campaign to bring a better bill forward?????? Like the old saying goes, it's better than nothing....It's a starting point.
Conspiricy theory about what guys? CE? Who or what are you referring to? I don't have any insider information about anything. Why did I not campaign for a better bill? Because I see no need for the bill. I was successful in getting the definition of an AMC changed so it did not include every appraiser in NC. It does nothing more than create the smoke screen that AMCs have now been handcuffed.
Here are a few of the references I have seen or heard in the last 90 days or less about AMCs. All of them are incorrect and do not exist in the AMC Law.
1) Must have brick & mortar office in NC
2) Must has a Certified General Appraiser on staff
3) This CG must live in NC
4) AMC fees will be set by the NCAB
5) AMCs will be fined $10,000 for any infraction
6) The NCAB will act as a mediator between an appraiser and an AMC
7) This law will prevent blacklisting
8) All appraisal fees will now have to be paid by the lender….not the AMC.
9) There will be a MINIMUM Customary and Reasonable fee required….set by the NCAB
10) Appraisers will no longer have to adhere to turn time requirements of an AMC
The AMC law does more harm than good in my opinion simply because it gives more of the same. False hope. This law gives too many ignorant appraisers who have not read the law and do not know what it says....false hope that this is the "silver bullet" that will return the appraisal profession to the glory days.
There are now 16 “prohibited acts”. I do not see one single issue that has been a widespread problem in the last 2 years for ANY appraiser competent, honest and ethical appraiser. To the others…….grow you a set. Just say no. Most of those ‘16” would be USPAP violations for any appraisers who agreed to do what was asked by the AMC.
I have lost count of all the "silver bullets" that were expected to do this or do that.
In my opinion there is NOTHING that could be more positive for the appraisal profession than proper ENFORCEMENT of the NC Appraisers Act 93E
If there were 2 years of no nonsense enforcement actions for appraisers proved guilty of fraud, ethical issues or incompetency you would not need to worry about what crooked lenders, AMCs and other clients wanted to do.