Appraisal rules rewritten Poorly
Jul. 27, 2009
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Appraisal rules rewritten Poorly
In a desire to curb abuses in home loan appraisals our government passed a law that became active on May 1st of this year. The desire of this law was to curb the bad appraisals that occurred during the housing boom. The new law prevented appraisers from having contact with the lender or REALTOR involved in the transaction. This would prevent undo pressure to be brought on the appraiser to “come in at a certain price”. It also prevents the real estate agent from telling the appraiser special features the home my have or the reason why the house down the street with no drywall was sold so low. Yes, you might say the appraiser will find that out when he visits the home but with this new process many appraisers are using pictures in the MLS as their home investigation and doing a drive by only. This lack of effort is partly caused by the low compensation the appraisers are receiving since the Management company is now taking part of their income. They need to do twice as many appraisals to earn the same amount of money they once did.
To protect themselves from liability, most lenders are ordering appraisals from appraisal management companies (AMCs), which intermediate between the lender and the appraiser. The AMC selects and pays the appraiser, receives and evaluates the appraisal, and passes it to the lender, which has no direct contact with the appraiser.
What could be wrong with this plan? Well after just a few weeks we now have a major problem. The AMCs don’t have companies in every area so we now have appraisers from one county trying to do appraisals in another county. Their bias for certain areas is showing up with lower appraisals in many areas because they don’t know the area or the different complex array of site issues. Many deals are being cancelled because of low value in the appraisals. Recently the National Association of REALTORS worked to get local appraisers doing local appraisals. Although this is suppose to be implemented immediately I don’t see it happening.
The new rules is adding time to the mortgage process and preventing anyone from talking to the appraisal to remedy the situation. If a borrower has to change lenders in the middle of a transaction we can no longer use the first appraisal which adds cost to the borrower.
We need to get the housing market back on track and this new law isn’t going to do it! Call your representatives today and demand they scrap this law and let the marketplace get back to creating value.
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Wake up America!
Jul. 19, 2009
www.Koziel.com
Are you paying attention to our government?
Money is tight for us all but the consumer better keep a keen eye on the government in the coming weeks. More laws are being prepared to raise money for the county, city and federal government. Do you think they don't concern you! Think again. Many areas are trying to pass point of sale laws that will have a homeowner replacing wood-burning devices, windows, air conditioners and plumbing before closing can take place. The REALTOR® Action Fund is fighting to protect homeowners but we need everyone to get involved.
If you think I am calling wolf then let me point out two laws that affect millions of sales in the coming years.
New laws have taken effect in San Luis Obispo County requiring residents in Los Osos to retrofit plumbing fixtures at point of sale because of the town's dwindling water supply. Specifically, toilets are to be replaced with toilets rated at no more than 1.28 gallons per flush (gpf).
Contra Costa County in the San Francisco Bay Area adopted an ordinance which requires gas shut-off valves be installed downstream of the meter and at the point of appliance on all buildings sold within unincorporated areas of the county prior to entering into an agreement for sale or prior to close of escrow.
The California Energy Commission currently has a state-wide point of sale ordinance for energy conservation in their strategic plan and the California Public Utilities Commission has a recommendation for local point of sale ordinances in their recently released draft California Energy Efficiency Strategic Plan. Therefore, in the future all local governments may be required to adopt more stringent standards.
Since we are seeing very few sales with homeowners walking away from the closing table with equity many transactions are going to fall out of escrow if homeowners don't have money to pay for these requirements and the buyer will not pay for them.
It's time to tell our legislators that point of sale is not the time to demand these repairs.
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Government,
Legistative,
Point Of Sale,
Sharon Koziel