DMZwerg
Senior Member
- Joined
- Mar 25, 2009
- Professional Status
- Certified Residential Appraiser
- State
- Wisconsin
violate close to 6 points in the real estate definition of market value?
What do you mean by "Violate"? That is not a word in USPAP either. Violate what six points in the defintion of market value?
Spell out each six points and how an REO house "violates" them, and I will see if I intrepret it differently.
I guess you missed my earlier post ...
Please, please look up the definition of "creative financing".
If you are using all short sales without adjustment then the value you are determining is the value under creative financing, which is verbotten by the definition of market value.
So, looking at REOs and the definition of market value we have:So, how many of them does an REO have to violate to have not been a transaction that violates the definition of "market value", and if the sale did not meet market value what adjustment must be considered to use it as a potential comp in determining market value?
- whether or not it is a "fair sale"
- whether REO status can be considered "undue stimulus" as the bank HAS to liquidate it off their books within a certain number of years and often has to liquidate a certain number of such properties off the books within the next 30 days or risk getting a bad rating and the bank itself being liquidated
- whether the motivation of the seller (lender) is typical
- whether a bank is acting in its own best interests and operating under "a reasonable exposure time" (see #2)
- normal consideration
- special financing
I guess at this point it is time to review the definition of market value, and in particular the extra comments on the Fannie Mae form.
Def of Market Value said:The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) the buyer and seller are typically motivated; (2) both parties are well informed or well advised, and acting in what they consider their best interests; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with the sale.
* Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily idenitifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of the adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgement.
There you go ... opine away!
BTW, short sales ARE special financing.


