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July 30th, 2009 5:04 AM

Fannie Mae Updates HVCC FAQs

Fannie Mae has released an updated version of its Home Valuation Code of Conduct Frequently Asked Questions (FAQs) to provide appraisers and lenders with guidance on the implementation of HVCC regulations. The revised FAQs, which were released this month, include new and updated information on the issues of scope of coverage, selection of an appraiser and appraisal review.

Below is a listing of Fannie’s new and updated FAQs by section. To view the complete list of Fannie’s HVCC FAQs, visit www.efanniemae.com/sf/guides/ssg/relatedsellinginfo/appcode/pdf/hvccfaqs.pdf.

Scope of Coverage

Q: Can you clarify the requirements around Section II of the Code requiring the borrower’s receipt of the appraisal?

A: The Code requires that a borrower be provided a copy of the appraisal no less than three days prior to the closing of the loan. The Code allows that the borrower may waive this three-day requirement. Situations where a borrower is unaware of his or her right to a copy of the appraisal prior to the three days and is then provided a waiver of that right at the closing table, would not be compliant with the intent of the Code. The time period of rescission in a refinancing situation does not constitute a valid three-day waiver period.
 
The Code does not specify what form the waiver must take or whether it be oral or written. In addition, the Code does not prohibit that a waiver, given in a timely manner, be recorded at some later point when the parties are available. Each lender must develop its own policies, procedures, and documentation. For example, a lender may obtain a waiver from a borrower through an email, phone call, or some other means, prior to the three-day period, and then have that waiver recorded in writing at the settlement table or at some other time.

The three-day period begins on the day of the receipt of the appraisal. For example, in a non-waiver situation, where a borrower received an appraisal on Monday, the closing could be held on Wednesday. Saturday is included for purposes of counting the three-day period. Sundays and legal holidays are not included for counting the three-day period.

Q: This new FAQ clarifies Section II of the Code. Lenders may have had different interpretations prior to the issuance of this FAQ. May lenders submit to Fannie Mae their pipeline loans that were originated in good faith compliance with their, possibly different, interpretation of Section II of the Code?

A: Yes; however, Fannie Mae expects that processes which comply with the clarification of Section II above will be implemented as soon as reasonably possible, but no later than September 1, 2009.

Q: The Code requires the lender to provide the borrower a copy of any appraisal report concerning the borrower’s subject property promptly upon completion. In this instance, what is meant by “completion”?

A: The word “completion” is meant to reflect when the lender has reviewed and accepted the appraisal to include any changes or corrections required.

Q: How is “closing” of the loan defined? Is closing the date the documents are executed or the date the funds are disbursed?

A: We define “closing” as the date the borrower executes the loan documents.

Q: Are processors, closers, secondary marketing employees, underwriters, etc. permitted to order appraisals if they do not receive commission or incentives to close loans, but they ultimately report up to a senior-level employee who is responsible for loan production?

A: The Code states that members of the lender’s loan production staff who are compensated on a commission basis or who report to any officer of the lender not independent of the loan production staff and process are not permitted to order appraisals or influence the selection of appraisers. Ideally, a Seller should establish complete separation of appraisal activities from loan production activities. At an absolute minimum, the degree of separation should be no less than one level up in the reporting structure. To mitigate any potential conflict of interest due to reporting relationships, Sellers should establish, maintain, and enforce written policies and procedures that are designed to reinforce independence.

Selection of an Appraiser

Q: Does the Code change any of Fannie Mae’s requirements regarding the role of the appraiser?

A: No. The Selling Guide requirements for the appraiser remain at their same high level. Fannie Mae requires the appraiser to provide complete and accurate reports; to report neighborhood and property conditions in factual and specific terms; to be impartial and specific in describing favorable or unfavorable factors; and to avoid the use of subjective, racial, or stereotypical terms, phrases, or comments in the appraisal report. The opinion of market value must represent the appraiser’s professional conclusion, based on market data, logical analysis, and judgment.

Additionally, it is important to note that when an appraiser signs Fannie Mae’s residential appraisal report form, the appraiser is also certifying the following:

“I have knowledge and experience in appraising this type of property in this market area.”

And

“I am aware of, and have access to, the necessary and appropriate public and private data sources, such as multiple listing services, tax assessment records, public land records, and other such data sources for the area in which the property is located.”

Q: Does the Code require or prohibit the use of foreclosure data by appraisers?

A: The Code does not speak to foreclosure data. It is up to the appraiser to determine if the data is applicable and appropriate or not.

Appraisal Review

Q: Who on the lender's staff, or on the staff of an authorized third party, may have communications with an appraiser to request a correction of objective factual errors in an appraisal report?

A: Communications with an appraiser regarding the corrections of objective factual errors in an appraisal report may be made by anyone on the staff of the lender, or on the staff of an authorized third party.

Q: Who on the lender's staff, or on the staff of an authorized third party, may have communications with an appraiser relating to or having an impact on valuation, including ordering or managing an appraisal assignment?

A: Anyone who is not part of loan production staff or who is not compensated on a commission basis upon successful completion of a loan or anyone who does not report, ultimately, to any officer of the lender not independent of the loan production staff or process, may have communications with an appraiser relating to or having an impact on valuation, including ordering or managing an appraisal assignment.

Q: Does the Code prohibit the appraiser from talking with the Realtor involved in the subject transaction? Can the Realtor provide comparable data and/or explain their pricing strategy to the appraiser?

A: The Code does not prohibit the appraiser from talking with the Realtor; Realtors can often be a source of data in the market in which the subject property is located. Any data provided by a third party must still be researched and verified independently by the appraiser. In addition, the appraiser is required to be provided a copy of the sales contract for a purchase money transaction.


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Posted by Marlin Daugherty, Jr on July 30th, 2009 5:04 AMLeave a Comment

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July 16th, 2009 7:14 AM

One of the complaints i have been hearing from local realtors is alot of the appraisals are being done from appraisers in from Dallas and Houston.  This might help.

 

   Professional Affiliation among Freddie Mac's New Appraisal “Best Practices”

Among Freddie Mac’s newly revised guidelines for mortgage lenders is an emphasis on the use of qualified and experienced real estate appraisers, including language that advocates hiring professionally affiliated valuation professionals. According to revised Freddie Mac guidelines, “Sellers should consider membership in a professional appraisal organization as a qualification criterion.”

Such language is seen as a victory by professional appraisal organizations, who for years have been asking for greater emphasis on the qualifications of appraisers and policies that promote the use of highly qualified and experienced appraisers.

“We applaud Freddie Mac for addressing this important requirement that will have a positive effect on millions of home buyers and sellers,” said Jim Amorin, MAI, SRA, president of the Appraisal Institute.

Amorin said the recognition of professionally designated appraisers has been a missing component in mortgage reform, particularly as banks look to mitigate their lending risks. “These new guidelines are the right long-term solution for consumers and appraisers and will instill confidence in the safety and soundness of the mortgage lending process,” he said.

Freddie’s revised guidelines are similar to the regulations already employed by Fannie Mae. According to Fannie’s guidelines, “Professional appraisal designations can be helpful in evaluating an appraiser’s qualifications, particularly when the designation is from a nationally recognized organization that has formal experience, education and ethics requirements that are strongly administered.”

In addition to promoting professionally affiliated appraisers, Freddie’s revised guidelines also require that an appraiser must be “familiar with the local market" in which the properties they are valuing are located; must choose "appropriate comparable sales"; and must certify those comparables as the "most similar" to the property being appraised.

Freddie Mac issued the appraisal bulletin to lenders last week amid industry criticism that the Home Valuation Code of Conduct has had unintended consequences for the home buying and selling process.

To access Freddie Mac’s newly revised guidelines, visit www.freddiemac.com/sell/guide/bulletins/pdf/bll0918.pdf


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Posted by Marlin Daugherty, Jr on July 16th, 2009 7:14 AMLeave a Comment

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July 15th, 2009 7:21 AM
Home-Sales Market Sees June Upswing
By BRIAN PEARSON
Business Editor

It was only four houses, but to Ann Fitzgerald, president of the Greater Tyler Area Association of Realtors, it perhaps marks the beginning of an upswing in the home-sales market here.

Not since December 2007 has the Tyler area seen an increase in home sales in a month compared with the same month the previous years, Ms. Fitzgerald said.

But that all changed in June.

The Tyler area saw 299 home sales last month, up from 295 in June 2008, according to association figures.

It followed the slowest May in six years for Tyler-area home sales, according to Texas A&M Real Estate Center data.

May, historically among the year's strongest months, saw just 216 units sold, down from 221 the previous month and 231 in March. It also marked a 37 percent decline from the 345 homes sold in May 2008.

While June sales showed an increase from last year, they still did not match the brisk sales seen from 2004 to 2007, which averaged about 340 homes sold in June of those years.

Meanwhile, average sales prices have increased steadily this year, with the exception of February.

Average prices grew to $163,433, a 16.3 percent from January's $140,568, according to association figures.

Previously, February, with an average sales price of $153,327, was the only month to see an increase over the previous month, although that figure fell to $147,626 in March.

But Ms. Fitzgerald said median prices have been more telling.

The median price in June was $138,000 -- almost an 18 percent increase from January, with a median price of only $117,000. However, it still lagged behind the $142,700 from June 2008.

But the increase in sales could match national realty experts' predictions of a turnaround in the second half of this year, an improvement that could wind up making 2009 at least as good as 2008, Ms. Fitzgerald said. "It's not much," she said of the June improvement. "Even though it's a little bit, I think that's a wonderful sign.

"It's a tremendous sign for us that our sales are picking price. Our prices are coming down a little bit. Then it's a matter of the consumers seeing the price coming down and saying, 'Maybe I should buy.'"

Ms. Fitzgerald said dropping home prices combined with low interest rates mean that a better time to buy a house might not be seen anytime soon, if ever.

Interest rates, which dipped below 5 percent earlier this year, are falling again after creeping toward 6 percent, according to www.bankrate.com.

The average rate on a 30-year fixed loan as of Tuesday was 5.3 percent, down from last week's 5.36 percent.

"As our prices come down, we're hopeful that we'll see our sales come up," Ms Fitzgerald said. "If the sales pick up, we could be OK.

"We're optimistic that maybe that's happening. The activity level is still very good, as far as calls coming in and

agents showing. Everything seems to be lining up in the right direction for us."



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Posted by Marlin Daugherty, Jr on July 15th, 2009 7:21 AMLeave a Comment

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July 6th, 2009 6:46 AM
Home-Building Slowdown Underscores Number Of Homes On Market
By BRIAN PEARSON
Business Editor

In the Cumberland Gap subdivision on a street without a sign, two empty houses, one of them marked for sale, sit alone in a landscape of cleared, homeless lots.

Erosion barriers and green, ground-level transformers punctuate the exposed orange earth in a setting void of the sounds of hammer and saw.


The scenery illustrates a slowdown in the Tyler-area home-building industry.

But it also underscores something else: that there are plenty of homes on the market.

The rich inventory combined with rock-bottom mortgage rates have created a historic buyer's market, according to one local Realtor.

"It speaks for itself," said Ann Fitzgerald, president of the Tyler Area Realtors Association. "It's a buyer's market.

"I've been doing this for almost 30 years, and I promise you between the prices, the inventory and the interest rate, I have not seen a better time to buy. Buyers have a tremendous selection, and they do have tremendous prices."

It was the slowest May in six years for Tyler-area home sales, according to association figures.

A month that historically is among the year's strongest saw just 216 units sold, down from 221 the previous month and 231 in March. It also marked a 37 percent decline from the 345 homes sold in May 2008.

But inventory, mortgage rates and prices have begun to lure potential home buyers off the fence, Ms. Fitzgerald said.

In fact, June is shaping up to be a normal sales month, based on preliminary figures, she said.

"I do think people are figuring it out," she said. "Our sales are looking much, much better for the month of June. We're not quite where we were last year, but we're within 20 units. I think some folks are coming off the fence."

While rates on a 30-year fixed mortgage are up after dipping below 5 percent earlier this year, they still are relatively low.

According to www.bank-rate.com, rates were averaging 5.38 percent Thursday, down from the previous week's 5.56 percent.

The Tyler area has one of the biggest selections in the state when it comes to home inventory, according to Real Estate Center at Texas A&M University figures.

The Tyler area's inventory for May was at 12.5 months, the highest since July 1998's 12.7 percent, according to Real Estate Center figures.

The center bases its home-inventory figure on the past year's sales rate and how long it would take to sell all the existing homes on the market.

The area's home inventory has been rising steadily since January 2007, when the figure was 7.7 months. The May figure marked a sharp increase from 11.7 months in April and 11 months in March.

Jim Gaines, a Real Estate Center researcher, said the high inventory of homes here indicates some pain in the construction industry.

Gaines said an inventory figure of between six and 6.5 months indicates a balanced market.

"Your supply is roughly double what it needs to be relative to the demand, the number of homes being sold," he said. "Generally when you hit this kind of situation, you'll find prices going down. Buyers can say, 'Hey if you're not going to give me my price, I'm going to go down the street and buy something else.'"

The inventory of homes on the market, however, has yet to translate into a price drop, according to First American CoreLogic, which tracks home trends nationwide.

In April, home prices increased 0.77 percent compared with the same month last year. The previous month it showed a 0.11 percent increase from March 2008.

Statewide, home prices increased 1.94 percent in April compared with the same month last year. But nationally, prices took a big hit, dropping 10.21 percent.

Nancy Barron, Tyler Area Builder's Association president, said that while residential construction has slowed, there have been recent signs that interest in new homes has picked up.

Ms. Barron attributed some of that to attendance at the TABA's recent Parade of Homes event.

"Tyler is not overbuilt," she said. "We've got a lot of people coming in with the health industry and the education industry. I think we have a lot of things on the market. They're moving slow, but they're moving."

She said work for builders has been slow, with a lot of focus on remodeling.

"We want to be encouraging to everyone that we're not throwing up our hands and running around," she said.

"We've noticed an increase in calls for remodels and new construction. We are not booming, but we're holding our heads above water," Ms. Barron said.

Tyler area residential contracts slipped during the first five months of this year, falling 55 percent to $29.9 million from the $66.6 million for the same period last year, according to the New York-based McGraw-Hill Construction.

Non-residential contracts grew to $83.9 million, up from $32.8 million for the first five months of 2008.

Total construction contracts in the Tyler area fell 79 percent in May compared with May 2008. There was $8.2 million worth of contracts last month, compared with $39.4 million in May 2008.

Residential contracts fell 76 percent, slipping to $8.2 million from $39.4 million. Non-residential contracts, at only $1.4 million, took the biggest hit, down 87 percent from $11.1 million in May 2008.

Non-residential contracts include commercial, manufacturing, educational, religious, administrative, recreational, hotel, dormitory and other buildings.

The silver nail in the construction rubble came with total contracts for the year, up 14 percent for the first five months compared with the same 2008 period, thanks to non-residential contracts.

Total construction grew to $113.8 million, up from $99.4 million for that period.

Statewide, contracts were down 45 percent from January through May, slumping to $16.4 billion from $30 billion.



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Posted by Marlin Daugherty, Jr on July 6th, 2009 6:46 AMLeave a Comment

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July 2nd, 2009 5:06 AM
HVCC Moratorium Bill Forwarded to House Committee; Appraisal Institute Responds

Legislation (H.R. 3044) that would impose an 18-month moratorium on the Home Valuation Code of Conduct was introduced in the House of Representatives last week in an effort to lift new requirements temporarily for valuations and the way appraisals are ordered.



The bill’s cosponsors – Reps. Travis Childers, D-Miss., and Gary Miller, R-Calif., both serve on the House Financial Services Committee, where the bill has been referred. According to Ben Lincoln, legislative director at Childers’ Washington, D.C. office, Childers introduced the bill after local appraisers contacted his office saying the Code negatively impacts their business. Furthermore, he said, it affects consumers due to the Code’s inference that an appraisal management company is required in mortgage transactions. Such a requirement is one of the myths exposed in the Appraisal Institute’s recent comment on the HVCC, available at www.appraisalinstitute.org/newsadvocacy/downloads/HVCC_myths.pdf.



Richard Maloy, MAI, SRA, chair of the Appraisal Institute’s Government Relations Committee, which is reviewing the legislation, said: “We applaud the appraiser independence provisions of the HVCC, yet we are concerned with the unintended consequences relating to lenders and management companies and their role in the ordering process. We are working with Congress, the bank regulatory agencies, and other interested parties to advance comprehensive reforms to strengthen our system of mortgage finance.”

Maloy added, “We want our members to know that the Government Relations Committee is actively engaged in seeking long term solutions that protect the integrity of the appraisal profession while ensuring the economic livelihood of our members. It’s our goal to bring balance back into the system.”

Bill Garber, Director of Government and External Relations, noted the concerns regarding the business practices of many appraisal management companies, which have existed before the implementation of the HVCC. “We have testified before Congress twice this year that, too often, appraisers are being hired not for their competency and qualifications, but for their turnaround time and price. Today, many communities are facing material changes in market conditions and these conditions make for complex appraisal assignments which should be prepared by only the most qualified appraisers,” commented Garber.



By focusing on a broad structural solution, the Appraisal Institute believes the concerns expressed by many appraisers, consumer groups, real estate agents, and builders relating to AMCs can be addressed by requiring the use of qualified appraisers – those with the experience and training necessary for complex assignments. Consumers, real estate agents, builders, and others can help mitigate potential valuation related problems by demanding and using qualified appraisers.



In advocating for appraiser independence the Appraisal Institute has consistently called for use of designated and qualified appraisal professionals. Suggesting that consumers should demand that their lender utilize the services of the most qualified professional is part of that broader strategy. “While real estate agents, builders, and others should not select or compensate the appraiser, they too can demand lenders hire only qualified appraisers, such as those that have earned a professional appraisal designation from the Appraisal Institute or one of the other nationally recognized professional appraisal organizations,” said Garber.


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Posted by Marlin Daugherty, Jr on July 2nd, 2009 5:06 AMLeave a Comment

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June 25th, 2009 7:36 AM
FHA Volume Skyrockets to 63 Percent

Tightness in the mortgage-finance sector has propelled the Federal Housing Administration's share of the home-loan market to 63 percent so far in 2009 – a record high – compared to 24 percent in the fiscal year ended September 30. Department of Housing and Urban Development Inspector General Kenneth Donohue said the spike in volume is overwhelming the agency, and could erode the integrity of Ginnie Mae mortgage bonds. Donohue’s statements came in a June 18 hearing in front of the Committee on House Financial Services Subcommittee on Oversight and Investigations,

The volume of single-family mortgage loans insured by FHA, which is overseen by HUD, more than tripled to $180 billion in 2008, Donohue said. FHA has historically been most vulnerable to fraud and exploitation when loan volume is high, he added.

Donohue said the rise of mortgage fraud among FHA lenders has depleted FHA’s mortgage insurance fund, which has fallen to $12.9 billion, or two percent of all insured assets as of September 30, from $21 billion, or 6.4 percent of assets a year earlier. Under some economic projections, that ratio could fall below the statutory requirement of two percent, requiring taxpayer assistance or an increase in premiums, he said.


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Posted by Marlin Daugherty, Jr on June 25th, 2009 7:36 AMLeave a Comment

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June 24th, 2009 7:15 AM

This information was taken from the EDC website.  

 

 Sitting in his Seattle office and composing his list of best U.S. places to avoid a recession, Mark Hovind, president of JobBit.com, found something odd about Texas.

While the rest of the country zigged economically, Texas zagged, he found.

Hovind's research then led him to list Tyler as one of the most recession-proof cities not only in the state, but in the nation.

In an article published earlier this month for Newgeography.com, he placed Tyler seventh nationally and second in Texas for its recession resistance. In Texas, it ranked behind only the McAllen-Edinburg-Mission area in terms of 12 months of positive job grown.

"Tyler is doing very well," Hovind said in a telephone interview Thursday.

Tom Mullins, Tyler Economic Development Council president and CEO, said medical, education, government and retail sectors of the area's economy have kept the nation's economic woes from gouging too deeply here.

After steady increases in the downed economy, unemployment in the Tyler area fell to 6.4 percent in April from the previous month's 6.6 percent. January posted the highest unemployment of the past decade at 6.8 percent.

April 2007 saw the decade's lowest unemployment at 3.8 percent.

Hovind said he learned, after extensive research, that education and health has kept Tyler out of economic hot water.

"If it weren't for education and health, Tyler would be losing jobs," he said, adding that those sectors have added about 2,000 jobs since 1990.

He said the city has grown "97 percent of the time" since 1990.

"Tyler is growing, and it is still growing," Hovind said. "That's an amazing statistic.

"You've been relatively recession proof for quite some time."


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Posted by Marlin Daugherty, Jr on June 24th, 2009 7:15 AMLeave a Comment

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June 17th, 2009 7:32 AM
this article was taken from todays paper.  New construction in Smith County dipped 16 percent countywide in 2009 according to preliminary numbers released by the Smith County Appraisal District.

Smith County Appraisal District Chief Appraiser Michael Barnett said new construction has slowed for the county as a whole, while local taxing entities experienced growth, declines and static new construction appraisals.

Barnett said new construction values around the county represent a "mixed bag" of good and bad news for new construction values in local jurisdictions.


Revenues to be generated from new construction are separated from the taxable value calculations, Barnett said. Appraisal rolls will be certified and the effective roll-back rate will be calculated, according to taxable values and new construction values, in the later part of July, he said.

The city of Tyler and TISD, despite an economic crunch for others, both enjoyed significant growth in new construction. New construction appraisals grew from more than $192 million to $225 million from 2008 for the city and from more than $210.7 million to $230.2 million for TISD.

"It's nicely distributed throughout the entire community," he said. "There was something being developed north, south, east and west that makes for a very nice confirmation that our local economy is pretty balanced and doing well."

New commercial development, including hotels such as the Sleep Inn & Suites on Donnybrook Avenue, restaurants such as Newk's, Buffalo Wild Wings and the Jalapeno Tree and commercial additions such as Academy Sports, drove those increases, Barnett said.


Where Tyler experienced "strong growth" other jurisdictions did not fair as well, he said.

Fewer new rooftops after years of "phenomenal" growth resulted in a $36.7 million decline for Whitehouse ISD, from more than $74 million to $37.4 million in 2008, Barnett said.

The city of Lindale saw new construction cut nearly in half since 2008 despite a double-digit increase in taxable value, almost 12 percent, due to growth and the expiration of tax abatements for the Target distribution center, Barnett said. Lindale and Lindale ISD taxable value for new construction dropped from $11.7 million to $5.4 million and $38.1 to $18 million, respectively.

Lindale City Administrator Owen Scott said the declining numbers are not a concern for the near future. He said the city has boomed with new construction since 2006 and that the city expects new projects to pick up in the coming months.

Scott said most of the residential construction is occurring outside the city limits and that commercial construction including banks, restaurants, hotels and strip malls had been strong, but builders have become cautious in an uncertain economy.

Builders "have really been in a hold mode, wait and see, but I think it's going to break loose again pretty soon," he said. "We're still looking for good things to happen. We're still very optimistic."

Smith County Judge Joel Baker said, in spite of declines, the county will exercise caution and, with wise planning, will not face a crisis.

"We are fortunate to have strong tax base in Smith County," he said. "While we are not anticipating the same increases in revenue we've enjoyed in recent years, we are not anticipating the overall shortfalls that some taxing entities are experiencing."

Baker said he expected new construction numbers to bounce back over the next few years and the county would continue to budget conservatively while planning for the future.

Barnett said though Texas and Smith County had not suffered as much as other states and parts of the nation during the economic slump, a return to previous years' growth would depend on consumer confidence. He said it was reasonable to anticipate that next year's numbers would not increase based on expectations of a "continued slow in the market."

"It all boils down to there's just not as much new construction going on than in the past," he said.



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Posted by Marlin Daugherty, Jr on June 17th, 2009 7:32 AMLeave a Comment

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April 30th, 2009 8:15 AM

Here is some information on the new HVCC guidelines

 

 

 

© Home Valuation Code of Conduct

Myths and Realities

The Home Valuation Code of Conduct (HVCC) is scheduled to take effect May 1, 2009. As of that date, institutions that deliver loans to Fannie Mae or Freddie Mac must represent and warrant that the appraisals obtained adhere to the requirements found in the HVCC regarding appraisal management, ordering and review by lenders. For more information on the HVCC, visit the following websites:

Fannie Mae (HVCC and Frequently Asked Questions)

https://www.efanniemae.com/sf/guides/ssg/relatedsellinginfo/appcode/

Freddie Mac (HVCC and Frequently Asked Questions)

http://www.freddiemac.com/singlefamily/hvcc_faq.html

Federal Housing Finance Agency

http://www.fhfa.gov/webfiles/277/HVCC122308.pdf The release of the Home Valuation Code of Conduct has raised many questions on the part of lenders, appraisers, and others involved in mortgage lending activities. Lenders that sell loans to Fannie Mae or Freddie Mac are likely reviewing their internal appraisal operations, and some may have to retool or restructure their operations to achieve compliance.

Unfortunately, there is confusion and misinformation in the marketplace regarding HVCC compliance and appraisal policies in general, particularly in regard to use of third party vendor management firms. To help bring clarity to these issues, the information below is intended to identify some of the myths we have identified and state the reality. There will likely be additional questions on this issue in the coming weeks and months. For further information, please contact: insidethebeltway@appraisalinstitute.org.

Myth: The HVCC requires lenders to use Appraisal Management Companies. Reality: Use of appraisal management companies is not required under the Home Valuation Code of Conduct (HVCC). Lenders may engage appraisers directly without the use of third parties. Myth: Mortgage sellers cannot achieve compliance without outsourcing the appraisal function. Reality: Sellers may achieve compliance by establishing meaningful risk management practices, including separation between risk management (appraisal) and loan production. The Code requires that loan production staff not be involved in ordering the appraisal. This separation is currently required under existing federal bank regulation. Myth: "Loan Correspondents" or "correspondent lenders" are the same as mortgage brokers and they too cannot order appraisals. Reality: Unlike mortgage brokers, loan correspondents fund loans in their own name and, therefore, have "skin in the game." They are allowed to order appraisals on loans sold to Fannie Mae and Freddie Mac like other sellers that fund loans in their own name or with their own funds. Mortgage brokers no longer will be able to engage real estate appraisers directly. Myth: Sellers cannot maintain the appraisal function internally (as an in-house operation), without loan production involvement. Reality: There are several ways in which sellers may staff appraisal functions internally without outsourcing the function to a third party, so long as they maintain separation between risk management functions and loan production staff. To achieve compliance the appraisal function should report to an individual or department outside of loan production. Some examples of eligible individuals or entities within institutions include, but are not limited to, the following:

the risk management department,

the credit department,

the consumer lending department (with no loan production responsibilities),

the compliance office, or

the chief executive office.

For many institutions, the HVCC will not require any changes. However, whether the appraisal function is a fully staffed appraisal department or an individual assigned with the appraisal responsibility, the function can be maintained internally where the reporting line is to someone other than loan production (e.g., any of the entities listed above). Sellers also should make sure that their policies are in compliance with any applicable federal bank regulatory policies by contacting their appropriate bank regulatory agency.

Myth: Loan Production staff is prohibited from communicating with appraisers. Reality: Loan production staff may communicate with the appraisers, but they cannot be involved in selecting, retaining, recommending or influencing the selection of any appraiser for a particular appraisal assignment. Further, loan production staff cannot have any "substantive communications with an appraiser or appraisal management company relating to or having an impact on valuation, including ordering or managing an appraisal assignment." Myth: Outsourcing appraisal functions to an appraisal management company can reduce costs. Reality: Given the diversity in the size and structure of lending institutions, it is difficult to conclude that outsourcing necessarily will reduce costs. Lenders incur costs for appraisal risk management whether done in-house or outsourced. Lenders should consider all the costs of compliance, including the costs associated with ensuring appraiser competence and appraisal quality, before making a decision to outsource their risk management functions. Myth: Outsourcing appraisal management to a third party reduces lender risk.

Reality: Federal bank regulatory agencies have cautioned against reliance on third-party relationships by reaffirming that such relationships may significantly increase a bank’s risk profile, notably its strategic, reputation, compliance and transaction risks1. According to federal banking guidelines, "Increased risk most often arises from poor planning, oversight and control on the part of the bank and inferior performance or service on the part of the third party, and may result in legal costs or loss of business. To control these risks, management and the board must exercise appropriate due diligence prior to entering the third-party relationship and effective oversight and controls afterward." Myth: Use of third party vendors ensures the use of competent appraisers. Reality: Lenders traditionally have been responsible for ensuring the competency of the appraisers and reliability of the appraisals they use for credit decisions. However, the competency of an appraiser is not measured by scoring compliance with seller servicer guidelines. Processing appraisal orders is a separate function that does not specifically include a review of competency. The function of competency review is best performed by individuals with significant education in appraisal standards and theory.

Further, institutions should consider any potential reductions in quality that might result from outsourcing the appraisal function. To this point, federal bank regulatory agencies recently reminded institutions to consider an appraiser’s competency for any given appraisal assignment.2

Myth: The licensing of an appraiser ensures his or her competency. Reality: Licensing does not necessarily ensure the competency of an appraiser. The Fannie Mae and Freddie Mac Selling Guides require lenders to review the appraiser’s education and experience. Specifically, the Fannie Mae Selling Guides state:

"A lender must not assume—simply based on the fact that an appraiser is state-licensed or state-certified—that the appraiser is qualified and knowledgeable about a market area or is aware of the appropriate market data sources for the area and will be able to obtain access to them. If an appraiser is not knowledgeable about a particular location, is not experienced in appraising a particular type of property, or is not familiar with (or does not have access to) the appropriate data sources, a lender should not give the appraiser assignments in that market area or for that particular type of property."3 Myth: Professional appraisal designations cannot be used when evaluating the qualifications, education and experience of an appraiser. Reality: The Fannie Mae Selling Guides state that designations may be helpful in evaluating an appraiser's qualifications, particularly when the designation is from a nationally recognized organization. Specifically, the Fannie Mae Selling Guide states:

"Professional appraisal designations can be helpful to the lender in evaluating an appraiser’s qualifications, particularly when the designation is from a nationally recognized organization that has formal experience, education, and ethics requirements that are strongly administered. If the lender considers an appraisal designation in its evaluation, it should be familiar with the appraisal organization’s specific requirements to ensure that the designation is evaluated appropriately."4 Myth: "Comp checks" ? which are prohibited under the HVCC without an engaged appraisal assignment ? are the only way to determine if there is sufficient value in the collateral before proceeding with a loan application. Reality: Lenders often want to know if there is sufficient value in the collateral before proceeding with a loan application. To determine this in the past, lenders and brokers would request "comp checks" of the appraiser. The HVCC bars lenders from ordering "comp checks" without engaging an appraiser in an appraisal assignment. Lenders may engage appraisers in appraisal assignments that involve a scope of work that is significantly narrow. For example, the appraiser could provide an answer to the question "is the property worth at least $XX" or "is it within a certain range," rather than a single point value estimate? This still would be an appraisal; the appraiser would need to complete the necessary research and analysis to answer such a question, and would have to document that analysis properly. Alternatively, the appraiser could be engaged in a consulting assignment to provide raw data to the client to help with their analysis.

Final Note: The HVCC is intended to promote independence in the appraisal process and, thus, help ensure that appraisers and the appraisal process may be relied upon as part of sound underwriting for financial institutions. ###


Posted in:General
Posted by Marlin Daugherty, Jr on April 30th, 2009 8:15 AMLeave a Comment

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April 6th, 2009 7:26 AM

The new addendum called the 1004 mc is now required on all 1004 appraisals.  All of the our appraisers have attended a class on the 1004 mc, some of us have attended two classes.  If you have any questions, please contact us. 

foreclosure rates in Tyler

 

While the Tyler area has not been spared from foreclosures stemming from the nation's economic downturn, recent figures show that the rate does not seem to be on the rise.

Tyler area foreclosure rates for February matched the rate for the same month in 2008 and were well below state and national rates, according to the Tennessee-based First American CoreLogic, which collects national, state and local data on home prices, foreclosures and delinquencies.

The area's foreclosure rate was 0.6 percent, the same as February 2008 and lower than the Texas rate of 0.7 percent and national rate of 1.7 percent.

The figures marked a slight decrease for the state, which saw a 0.8 percent rate in February 2008. Nationally, February marked an increase from the same month in 2008 with a rate of 1.3 percent

However, the Tyler area's 90-day delinquency rate increased in February over the same month in 2008, reaching 2.7 percent compared with 2.5 percent for February 2008.

The rate still fell well below the state's 3.6 percent and nation's 5 percent for February 2009.
 

Posted in:General
Posted by Marlin Daugherty, Jr on April 6th, 2009 7:26 AMLeave a Comment

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