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When Customary Fees Become Unreasonable

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Thank you Glen. We'd love to have your help. All I do is try to show fellow appraisers that we CAN succeed. CA AB 624 proved that to me. BTW-posting in this forum put me in touch with an appraiser issues fighter from a few years ago that did a separate study re time and costs. He also pointed me to a wealth of ammunition on this and some other issues we are concerned with. Thank YOU folks for reading through my long winded posts!

Here is some info.

Google: "Appraisal fee schedule", and see all the appraisers that have not updated their advertised private work fee schedules in a decade.

You can't help people who won't help themselves.

But if you have some statistical folks looking for a fun time,
they could gather the data from these links and track the Cost of expense increases. This should answer any questions why there is a lack of trainees in this profession and why so many are dropping out, or not working their licenses.


http://www.vba.VA.gov/ro/cleveland/Nationwide_Maximum_Allowable_Appraisal_Fees.pdf
Active Appraisal Fee Schedule dated 2009

http://www.e-appraise.com/pdf/alamode_MedianFeeReport_0210.pdf
Mercury Fee Survey 2010

https://spmretail.sierrapacificmortgage.com/announcements/Appraisal_Fee_Schedule.pdf
Active Appraisal Fee Schedule dated 2012

http://msiloans.biz/Seller Guide/AIR/InHouse_Fee_Sheet.pdf
Active Appraisal Fee Schedule dated 2014

http://weslendwholesale.com/Forms/Library/Underwriting/LENOXfee.pdf
Active Appraisal Fee Schedule not dated

http://portal.mwfinc.com/index.php/.../22-fees/26-appraisal-fee-schedule?Itemid=217
Active Appraisal Fee Schedule not dated, click open All states fee schedule open

http://www.firstmortgage.com/Web Content/Wholesale/Wholesale Forms/AppraisalFeeSchedule.pdf
Active Appraisal Fee Schedule not dated,

http://www.benefits.VA.gov/HOMELOANS/appraiser_fee_schedule.asp
Current VA Fee Schedule

Yeah, it doesn't look like any of those Truth in Lending Act requirements are being followed either.

And note that other than the VA fee schedule, those others are for lenders, so that is the combined fees of AMC and appraiser.

.
 
Thank you Glen. We'd love to have your help. All I do is try to show fellow appraisers that we CAN succeed. CA AB 624 proved that to me. BTW-posting in this forum put me in touch with an appraiser issues fighter from a few years ago that did a separate study re time and costs. He also pointed me to a wealth of ammunition on this and some other issues we are concerned with. Thank YOU folks for reading through my long winded posts!

Here is some info.

Google: "Appraisal fee schedule", and see all the appraisers that have not updated their advertised private work fee schedules in a decade.

You can't help people who won't help themselves.

But if you have some statistical folks looking for a fun time,
they could gather the data from these links and track the Cost of expense increases. This should answer any questions why there is a lack of trainees in this profession and why so many are dropping out, or not working their licenses.


http://www.vba.VA.gov/ro/cleveland/Nationwide_Maximum_Allowable_Appraisal_Fees.pdf
Active Appraisal Fee Schedule dated 2009

http://www.e-appraise.com/pdf/alamode_MedianFeeReport_0210.pdf
Mercury Fee Survey 2010

https://spmretail.sierrapacificmortgage.com/announcements/Appraisal_Fee_Schedule.pdf
Active Appraisal Fee Schedule dated 2012

http://msiloans.biz/Seller Guide/AIR/InHouse_Fee_Sheet.pdf
Active Appraisal Fee Schedule dated 2014

http://weslendwholesale.com/Forms/Library/Underwriting/LENOXfee.pdf
Active Appraisal Fee Schedule not dated

http://portal.mwfinc.com/index.php/.../22-fees/26-appraisal-fee-schedule?Itemid=217
Active Appraisal Fee Schedule not dated, click open All states fee schedule open

http://www.firstmortgage.com/Web Content/Wholesale/Wholesale Forms/AppraisalFeeSchedule.pdf
Active Appraisal Fee Schedule not dated,

http://www.benefits.VA.gov/HOMELOANS/appraiser_fee_schedule.asp
Current VA Fee Schedule

Yeah, it doesn't look like any of those Truth in Lending Act requirements are being followed either.

And note that other than the VA fee schedule, those others are for lenders, so that is the combined fees of AMC and appraiser.

.
 
The bottom line is that if you can set your own fee then what the AMC charges isn't relevant.
 
I understand and respect that view. Let me ask though. Isn't the federal government setting up complex regulatory requirements that ultimately require you to conduct ALL your business with GSEs through intermediaries that take their compensation from YOUR fee and then allow them to hide the amount they take in the HUD-1 or New TRID as an "appraisal" fee corporate socialism, or corporate welfare?
AMCs are not allowed to 'Hide' their fees in Nevada. They , by law, MUST be disclosed in the body of the report. My fee is My fee. They DO NOT take ANY of MY fee. Further. Socialism is defined as "a political and economic theory of social organization that advocates that the means of production, distribution, and exchange should be owned or regulated by the community as a whole." I don't see that.
 
What does a minimum fee level that prevents third party gouging from the fee borrower pays have to do with socialism, which is a philosophy as well as a political and social system with many shades of meaning to it, both positive and negative historically?

If you think things are fine now, then so be it, but without intervention we see how the market consolidatin and regulations have resulted in large scale fee decreases nationally for much of lender res work. Fees have been slowly increasing in some segments of it and among the more ethical clients but a large number of appraisal work is still adversely impacted.
 
Taking the voices of the individial, adding them together to give them the power of the many, has nothing to do with socialism. Collective bargaining, yes. Socialism, not even close.
 
The bottom line is that if you can set your own fee then what the AMC charges isn't relevant.

Terel, respectfully, that is simply not true, unless you have also learned how to give up eating and existing in a capital exchange based society. Most posts have so far missed the impact of an inferred level playing field in a free market system. When one side or a group (ABA.MBA & other lenders; title companies, etc.) are able to manipulate legislation to their distinct advantage and to the detriment of another entire group (appraisers) then some form of organized counter lobbying is required.

This is no different in principal than the AIs current effort to get states to adopt THEIR proposal to allow standards other than USPAP; INCLUDING those that permit contingent fees (CA AB 624 for example). USPAP are the MINIMUM standards for GSE work, and most states have said "then THEY are also the minimum standards to protect the Public in our state".

In international trade, when one nation exports a product for sale at prices that are below the cost of making them in order to eliminate competition, its called 'dumping', and opposed by every importing / exporting country in the world. What has been done to us is no different. Healthy competition has been eliminated in the AMC model. Common fees are simply NOT enough to properly complete the work as required.

Those that obey USPP and follow sound, generally accepted appraisal practices are punished monetarily for doing the right thing. Those that "cheat" to make the flawed model 'work' are rewarded. By the way there is NO secret at all to making the AMC model HIGHLY profitable. Just don't follow the rules.

Mine, and the proposal of our Guild is not to engage or promote socialism. Any that bother to check my background know I'm probably to the right of Ghengis Khan on most issues. I believe so strongly in the capitalist system of economics and governance, that I'm willing to try to 'fix' it. Negating past crony capitalism resulting from self serving settlements instituted by Andrew Cuomo for the explicit benefit of HIS clients, is not socialism.

To those that continue to claim no one should set fees but appraisers, look around you!. Those fees are ALREADY being set from $250 to $350 (generally). All I am saying is that until this particular economic model involving AMCs is replaced with something else, then set those minimums at a more "reasonable" amount from $585 to $750 instead of $350!

Ultimately it is nothing more than saying independent appraisers should earn as much as our taxpayer funded counterparts. The same ones who in turn CLAIM to base THEIR compensation level on the civilian free market!
 
Terel, respectfully, that is simply not true, unless you have also learned how to give up eating and existing
That is not true. I set my fee. I don't accept orders that are unprofitable on their own. I never have. I worked with banks for years. But I never once did work for them through an AMC...not once. And until the bid system, and the divorce of the loan department from ordering appraisals, a loan officer chose the appraiser. That is supposed to be a bad system because the LO picks someone that will make it happen. That may be true in commission based work. But bank LOs are on salary and get fired when they make bad loans with the boss's money.

The LO knew the appraisers. They know what to expect from an appraiser. The ag jobs went to ag experts. The commercial retail went to the appraiser with that expertise and fee and turn time were less important. Generally, they notified the appraiser only if they had a concern with the time element for some outside reason. They were the right person with the right knowledge to match the appraiser to the job. Now some nameless nincompoop is choosing appraisers - apparently using a dart board. That is not complying with bank laws which do not mention fee and turn time as a factor in the selection of the valuer.

As a result of Frank-Dodd, I only do estate work or other non-bank work. I would only consider bank work where the same circumstance exists (i.e.- the smallest banks can still order an appraisal where the LO has given input to the ordering person.) As a consequence the $350 fee is a rarity and may be a charity in fact. I am valuing a property that will necessarily be sold to help pay bills for the deceased. The fee will reflect my sense of belonging to the community I serve and not trying to gouge simply because you have someone over a barrel.

On my desk are two checks. One a small estate - the fee was $800. The other was a larger estate with several properties. The fee was $3,600. Both reasonably reflect the amount of time I spent. No turn time pressure. No fee bidding. And I did the research for two other properties Friday. One will be a five figure fee and they need it by Dec. 15th...find me an AMC that can match that. The real promise of any union is what happened to a friend when his plant unionized. They attempted to shoehorn a contract from another facility onto this plant. The problem was that the structure was much different. The result was that some of the plant on day work made quota by noon and got great bonuses while piling up an over supply to the point they had to lay them off one day a week. The mill where the frames were built on the other hand were paid minimums because the other plant was mechanized. No human could put out the number of frames that a robot found easy. As a result many people quit and the first chance the plant got, they de-unionized and went back to old contracts. That is a real possibility. Be careful what you wish for. A price list set by outsiders is very likely to be a great equalizer. Everyone will get screwed.

And why the L is this thread under Appraisal Review? It has nothing to do with review. And if you couldn't figure out what forum it should be in why do you think I would want you negotiating a fee for me?
 
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That is not true. I set my fee. I don't accept orders that are unprofitable on their own. I never have. I worked with banks for years. But I never once did work for them through an AMC...not once. And until the bid system, and the divorce of the loan department from ordering appraisals, a loan officer chose the appraiser. That is supposed to be a bad system because the LO picks someone that will make it happen. That may be true in commission based work. But bank LOs are on salary and get fired when they make bad loans with the boss's money.

(redacted to make space)
?

Terel,you had me right up until the erroneous misinformation about "the only promise of a union".

#1 I was vehemently anti union only a short time before I went looking for one. Why? Because in the early '80's I was a steel worker earning 2 1/2 times the going rate ($10.50 vs $4.00), in a plant owned free and clear since WWII (Rheem Manufacturing in Southgate California), but the idiot union demands were so stiff, that the company finally said close the doors. Let our competition down the street have it. I didn't care about it myself, I was leaving anyway. NOT my cup of tea, but my uncle, the plant maintenance engineer needed that job.
#2 While working at Treasury Dept. (2009-2010) I was a member of National Treasury Employees Union (NTEU). When I went to them pointing out retaliatory actions for supporting a $1.45 million refund to a taxpayers estate (required Congressional approval and acknowledgement of an error by MY manager) I found out ALL the union reps were simply retired former managers.
#3. While applying for a job as a County Appraiser in a nearby county, I saw that membership in SEIU was mandatory. There are no words to describe the contempt I had then, and still have for SEIU.
#4. I joined the California Coalition of Appraisers instead. Two years into it and no progress was being made. I realized the reason was not lack of commitment, but lack of resources and lack of behind the scenes experience. Coalitions talk for years about hiring lobbyists who in turn cleverly limit them to single issues, drawn out as far as possible to maximize THEIR revenue.
#5 About this time I started working with BNSF Railroad; fighting opposition to their HALF BILLION dollar modernization project at the edge of my neighborhood. (You DO know I am Republican, right?). I met with their VP of Governmental Affairs; their PR firms and advocates and several VPs from their HQ in Texas. I knew much about fighting City Hall, but they REALLY schooled me in the process of HOW things get done in the face of governmental objections in big cities (Los Angeles & Long Beach). Part of that involved their orchestration of union proponents FOR their project: important because both L.A. and Long Beach are Major Port Communities and very pro labor.
#6 During presentations and testimony before Community Groups; Harbor Commissions, & Two City Councils There were two groups. (A) My neighbors that had been scared into opposing the project by NRDC EVEN THOUGH THE DRAFT EIR had never been completed or issued yet! There were two or three brand new local "Green Groups" invented specifically for this opposition; an attorney City Councilmember with ties to the NRDC and a desire to get paid by them and various teachers and minority parents (NRDC was claiming abuse based on us being a neighborhood people primarily by "people of color"). ALL of them resorted to phony studies (studies from another area completely but alleged to be from my area), hyperbole, and dressing little kids up in face surgical face masks to dramatize their concern about "clean air". I did mention this was a MODERNIZATION project didn't I? One that would actually CLEAN the air up MORE than if the project did not go forward). It was the labor unions that showed up. By the hundreds. They didn't shout, demonstrate, boo or hiss when opponent spoke. They sat respectfully and quietly and waited their turns to speak. They were Longshoreman; Pipefitters, welders, electricians, carpenters unions, and a whole bunch of others I cant recall. THEY were the ones that behaved like concerned neighbors who live AND work here. THEY were the ones that stuck to the facts and not the emotional game playing of the other side. I even joked when I testified about being a good republican testifying FOR a union endorsed project in a democratic controlled neighborhood. But it was THOSE union members that opened my eyes. None of the stereotypical objectionable old school union activities. Just EFFECTIVE and persuasively compelling factual testimony.
#7 No disrespect to my California CaCAP, but I wanted to find something as EFFECTIVE for us too. I was referred to AGA by another blogger. I looked them up; Argued with them, Criticized them. Offended them.... and listened to them with an open mind (Peter Vidi is pretty compelling). I still yell at them IF SEIU emails me ANYTHING! I wrote our parent Unions President (OPEIU) and criticized HIS annual membership letter. I have openly called for them to cease blind support of political hacks just because they have a "D" after their name. You'd think they'd just ignore me when I ask for help....but they don't. In fact it has been just the opposite. When I asked that discounted dues be continued through the year it wasn't just for MY state. It was for ALL states. Mainly because I don't limit my recruiting to just my state.

Anyway, like I said I contacted AGA. If you ever read their mission statement, you will see is NOT a traditional union. It has a President that is an unpaid VOLUNTEER; as am I and all other State Reps. HE has been an appraiser for 40 years and has heavy political background. When The Appraisal Foundation put out the call for opposition to CA AB 624; and CaCAP did the same, we responded. Although the Bill had ALREADY passed in BOTH State Houses we still tried. I spoke before TAF while CaCAP went and had lunch with the Bill's author in hopes of getting him to withdraw it. We joined WITH ASA; CaCap TAF and a host of others in fighting the bill in the State Finance Committee (looked like we all lost); AND appropriations committee. OPEIU (our immediate parent) contacted California Labor Federation (all this in under a couple weeks) and all of a sudden the bill was "stalled" in Appropriations until August of this year. We again started our opposition program and I CLF sent a letter to OPEIU indicating that the Bill has been successfully stalled (spiked) semi permanently-or at least two more years. Basically to die for lack of support.

THAT is what a union can do! The AI is going out state by state and trying to get special legislation passed for themselves (actually only for a few select MAIs in their group-like AB 624 was). I wasn't in Texas when they got it passed there a couple weeks ago. Nor will I be in Illinois to fight it there. Eventually, they will HAVE a second set of "standards" that allow for the contingent fees they are seeking for a "very few" of their members. That's not my priority fight. FAIR compensation IS. REVAA and NHVA are out there seeking special interest consideration for themselves and the AMCs. SOME AMCs (usually appraiser owned smaller AMCs) WANT to offer higher fees but cannot because THEY are locked in to the fees banks pay THEM! Negotiable? Sure. Take it or leave it. By the way, I am NOT anti AI even. Hopefully in the future IF they propose legislation that really does benefit others than themselves only, We'll support it.

The "free market (FM)" WILL eventually fix our low fee problem...in about 10 or 15 more years for those that are patient. Its already been 6 years since HVCC destroyed the traditional appraisal business model. How long are you guys willing to wait "for the market"? Maybe the FM will fix it by eliminating appraisal requirements completely for loan work. Don't scoff, its already been proposed AND on an emergency basis can already be legally implemented for loans under $250,000!

I have heard blog calls for strikes; national class action suits (currently being investigated-but in my humble opinion probably wont go anywhere) and 'sick outs' or unusual delays. Oddly enough NONE of these are from union members (except the class action one-I looked into that). NONE of us want strikes. None of us want to be told what fee to accept or not accept (though we ALREADY ARE!). NONE of us want to have our work rated by FNMAs flawed CU system (not those that took the course and understand it anyway). NONE of us want to join the 10,400 appraisers on the national black list passed out to AMCs with no notice 'we' are on it, or how to fight it. NONE of us want to be told (micromanaged) how to appraise real estate by unqualified , non appraiser "reviewers" or clerks at overseas AMCs.

Opposition to those things outlined above is ALL this Guild (union) will try to bring you. Well, that and our efforts to intercede on behalf of members unfairly accused of bad work or subjected to other abuses. Not a week goes by that either I or an associate back east have to investigate and intercede on behalf of a member. ANY member knows they can call me at 10 AM to about 10:30 any night- including weekends if they have a question or a problem. (714) 366 9404. Just as long as it is an unblocked number.

As for the thread Terel, I posted it in every appraisal thread I could log on to. Don't follow it if you are offended by it or afraid you might be convinced by it. For that matter, complain about it. Suppression is usually the first resort of those unsure of their position; with something to hide, or other ulterior motives. Just compensation applies to reviews as well as regular appraisals.
 
AMCs are not allowed to 'Hide' their fees in Nevada. They , by law, MUST be disclosed in the body of the report. My fee is My fee. They DO NOT take ANY of MY fee. Further. Socialism is defined as "a political and economic theory of social organization that advocates that the means of production, distribution, and exchange should be owned or regulated by the community as a whole." I don't see that.

Actually Nevada has some pretty good rules governing AMCs. Before an AMC can get licensed there they have to ALSO have a Nevada licensed review appraiser. Personally I LIKE he requirement to specify a fee within the report. It's much more effective than saying merely that you cannot be prohibited from doing so. Also, don't get locked into the socialism aspect, See my long winded reply to Terel. Im not a socialist, nor do I advocate anything EXCEPT level playing field capitalism. Operative phrase is level playing field. Either way, best of luck to you now and in the future. MY old Nevada appraiser friends tell me a common FNMA related SFR appraisal fee in Las Vegas is $250. Yes? No?
 
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