The Home Valuation Code of Conduct (HVCC) Becomes effective on May 1st. 2009 and it will hurt home buyers, home sellers, real estate brokers, appraisers and lenders amongst others. Be aware, be prepared, be patient, and... don't talk to the appraiser!
The New York attorney general after concluding an investigation into Freddie Mac and Fannie Mae's appraisal practices along with several government agencies, decided to adopt new changes for appraisals in the mortgage industry. Loan brokers and lenders are no longer allowed to chose their appraiser, all relationships with them are almost illegal!
This is what the first paragraph of the newly enacted resolution says: Home Valuation Code of Conduct: No employee, director, officer, or agent of the lender, or any other third party acting as joint venture, partner, independent contractor, appraisal management company, or partner on behalf of the lender, shall influence or attempt to influence the development, reporting, result, or review of an appraisal through coercion, extortion, collusion, compensation, instruction, inducement, intimidation, bribery, or in any other manner including but not limited to:... Followed by 10 points and 11 subcategories of limitations as to what the lender can and cannot do when dealing with the appraisers. After all, appraisers were blamed for the current market conditions.
These new rules force lenders to go to a third party for their appraisals. They must now use and AMC (appraisal management company) forcing appraisers to join an unregulated AMC that will charge 50% or more of the appraisal fee for their services. It disallows the appraisers from engaging in any type of communication with mortgage brokers, Realtors, loan officers or anybody that may receive a commission upon funding of that loan. Seasoned, experience appraisers are forced to share their fees wiThu AMC's
The home buyer will probably have higher costs incurred as a result of this new rules, the delays in closing escrows now will go further because of funding delays from 30 to 45 to maybe 90 days. Lenders are not prepared or familiar enough to deal with these changes. Buyers will have to pay higher fees for the lock-in rates and the extensions and if they change lenders, they will have to get another appraisal! Home sellers will not be happy either, because for them, closing early might mean the difference between a normal sale, to a short sale to even foreclosure.
For us Realtors, we need to start counseling every client about these delays right from the moment we take the listing or write the contract for the buyer. Listing agents should be well prepared to meet the appraiser, have enough comparable sales if available. When additions have been done to the property, copies of finalized permits should be handled over at the same time, and follow up with the lender to make sure the package is complete when submitted for final approval.
As we approach the November 30th 2009 deadline cut for the $8,000 tax credit to first time homebuyers , these delays will cost a lot of people a lot of money. This is one regulation we did not need at this time, but we have to deal with it. Hopefully we get better oversight and more conservative lending in the future, but until that happen, sit down and buckle up because this is going to be a white knuckle ride if you are dealing with real estate appraisals.
Antonio & Alexia Cardenas, "The Realtors In Motion" Serving the wonderful cities of San Leandro, San Lorenzo, Castro Valley, Oakland, Hayward, Pleasanton and Dublin in the Alameda County, on the East Side of the San Francisco bay. Visit us at www.ListedByAntonio.com (510) 326-4263
Antonio & Alexia Cardenas
"The Realtors In Motion"
CRS, GRI, E-Pro Certified. SFR (Short Sales, Forclosure Resource) Serving the east shores of the San Francisco Bay, Alameda county: specially the following cities: Castro Valley, San Leandro, San Lorenzo, Hayward, Oakland, Pleasanton & Dublin.
Visit us on line at:
www.listedbyantonio.com or call (510) 326-4263
Call us, We'll come and TANGO with you!