Required AIR form

[Terrel L. Shields]

If it was not in the original scope of work I would not do it.

 

[Mike Kennedy]

"This IS a document that should be attached by the AMC as it is a statement by the AMC on their independence"

Fixed it for your email back to the Chief Duhpraiser. It is a certification which asserts the AMC complied with Doofus-Funk and AIR.

The AIR is binding on the AMC - NOT the Appraiser.

DO NOT SIGN IT.

Should they wish you to take the time to fill in the blanks - add $25. to your fee for Clerical services rendered as well as pain and suffering. DO NOT attach the form to your report.

THEY do that.

 

[itscyclicalforsure]

Amazing gall they have to ask for this to be signed

On a related note, I have had at least two clients ask me to sign 'AIR Compliance' certifications recently. I can't get anyone to tell me who is making them do this: regulators, GSEs, or just some underinformed underwriter or bank compliance clerk (most likely the latter). Included is cut-and-paste from FNMA AIR rulings, which includes:

"I further assert that *Mortgage Company* has never participated in any of the following prohibited behavior in our business relationship:

1. Withholding or threatening to withhold payment....
2. Withholding or threatening to withhold future business...
3. ...promising future business...increased compensation...

etc etc, you get the picture.

In this case I am performing the appraisal for another company as a subcontractor, so I signed the part that says nobody bribed me in relation to this appraisal, and crossed out all of the other certifications. In this case, the mortgage company definitively violated pretty much all of these 'behaviors' in the past, but even if they hadn't, what criteria would I as the appraiser have to judge? What standing do I have to prosecute these charges? Why on earth would I ever want to sign a 'get out of jail free' certification for this lender?

As I said this came from a couple of clients, and a third client asked for it and I told them no and they said 'ok the underwriter thinks the proper verbiage is already in the appraisal'. I believe this is coming from a state regulator because these are all from local banks and mortgage companies in one state...but it seems to be a trend.

 

[Lee Lansford]

I have a couple clients that use encompass. Every time I upload a report I have to check a box that creates a form called "Certificate of Non-Influence and Dodd-Frank Compliance". Looks like this.

Property Address: XXXXXXX
Borrower Name: XXXXXX
Appraisal Order Date: XXXXXX
Appraisal Type: XXXXXX

(My name) attests that the above referenced appraisal report was completed in compliance
with the appraisal independence requirements of the federal Truth in Lending Act. In
producing this appraisal, (My name) has not been influenced, nor has been subject to an
attempt to influence, the result of this review through coercion, extortion, collusion,
compensation, intimidation, or bribery. No estimate regarding the subject property's value,
proposed loan amount, or proposed loan-to-value ratio, was provided or communicated to (My name), except if a purchase agreement was provided for a purchase transaction as
required by USPAP Standards Rule 1-5(a).

Appraiser Name: XXXXXX
Appraiser License: XXXXXX
Appraiser Company: XXXXXX

What a bunch of complete and utter nonsense as the appraiser's certifications address (in general, not specifically) any and all of this.

Pure and utter silliness.

 

[Brian Weaver]

I'm having AMCs that do business in Illinois explain to me just what part of AIR applies to appraisers. So far...no snappy answers. I'm having them remove the language from their engagements. Geez...I only have 186 of them.
Sigh.

 

[Mile High Trout]

I'm having AMCs that do business in Illinois explain to me just what part of AIR applies to appraisers. So far...no snappy answers. I'm having them remove the language from their engagements. Geez...I only have 186 of them.
Sigh.

Could you please demand of the other 49 states, some sensibility in the process as well? Make some weekend phone calls, send a group mailer to all 49 state boards. You're the only voice of reason sometimes.

I have not bribed, intimidated, coorced, threatened, or withheld payment from myself. (However, I have intimidated the heck out of most AMC callers with all my detailed questions about ethical and transparent process.) sigh.

Filo, please allow me to identify the problem for you, specifically:

"AMC" certifies that

Here, please allow me to illustrate with more clarity.

"AMC" certifies that

http://www.cartoonstock.com/lowres/animals-employment-help_wanted-bull_in_china_shop-rro0042l.jpg

http://forums.accuweather.com/uploads/post-22154-1336797347.png

 

[Meandering]

Could you please demand of the other 49 states, some sensibility in the process as well? Make some weekend phone calls, send a group mailer to all 49 state boards. You're the only voice of reason sometimes.

I agree.

Thank you Brian for your efforts. If you could see your way clear to steer some of the other boards, it would be a blessing.


.

 

[PropertyEconomics]

If it was not in the original scope of work I would not do it.

Even if in the original scope of work ... its an unreasonable assignment condition since the appraiser cannot certify FOR the AMC. The assignment should be turned down were it part of the original assignment conditions ... an appraiser simply cannot meet the requirement.

Bravo for you Brian .... thats what its going to take for some of this idiocy to go away.