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HVCC TO BE ELIMINATED OCTOBER 21ST, 2010
90 Days after President Obama
signed the Dodd-Frank Act, HVCC will no longer exist
and hopefully this will be a step in the right
direction for a
Real Estate Recovery. HVCC (Home Valuation Code
of Conduct)
Effects on the
Consumer, the Real Estate Industry and this
Nations
attempt to recover from the Worst Financial Crash
since the Great Depression.
editorial: On May 1, 2009 the
HVCC was
initiated throughout the Country on every mortgage
transaction that involves an appraisal that is sold
to Fannie Mae and Freddie Mac. This involves all
conventional loans which prior to the present
meltdown was approximately 70% of all lending. In
fact, up until the end of 2007 most lenders did not
know how to prepare an FHA loan or application. FHA
loans are Government backed residential mortgage
loans. With the banking system crippled, conventional
loans seized up and nearly came to a halt.
Presently, the conventional mortgage market is still
trying to get back on its feet albeit very slowly
and cautiously. Then there is the
HVCC.
The
HVCC came
about due to pressure being put on an appraisal
management company called eAppraiseIT by a large
mortgage lender Washington Mutual in the State of
New York. The Attorney General of New York created
the
HVCC and
to stay out of litigation, arranged to have
Fannie Mae (FNMA) sign an agreement that all loans
placed through FNMA & Freddie Mac would have to adhere to this new
HVCC. It makes
one wonder, when there was collusion between an AMC
(Appraisal Management Company) and their lender
client why would FNMA get involved. It is very
ironic however, that at the same time FNMA signed
this agreement they (FNMA) was in the middle of the
worst business crisis that company has ever seen,
they were about to go bankrupt. So one wonders, if
they just signed on so as not to make waves and/or
if they even looked at it and considered the
ramifications the
HVCC would have on not only their
business but the rest of the industry and the
national economy as a whole. Again, it makes one
wonder, why when all Lenders are Federally and State
regulated. Appraisers are Federally and State
regulated, why now has the bulk of the appraisal
business being funneled through these AMC's that are
neither Federally or State regulated. NO regulations
whatsoever. Additionally, costs have increased due
to the middle man and this doesn't even cover any
RESPA violations by these AMC's. If a borrower pays
(for example) $500.00 for an appraisal, the borrower
is unaware that the appraiser is only getting a
small portion of that fee and not what they thought
they were paying. I could go on there are so many
more issues, however, I'll let others state
additional information below in the links. But with
a little thought, how could a borrower or lender be
guaranteed the quality service they deserve with
quality reports. My grandfather always told me, you
get what you pay for.
Below are links to national
publications, reports by major news outlets,
reporters and opinions from professionals in the
industry. The information supplied is to help YOU
make your own decision as to the merits of the
HVCC.
As a side bar: Nowhere in
HVCC does it
state a lender is REQUIRED to use an
Appraisal Management Company (AMC). To the contrary,
Section III - Appraiser Engagement, sub-section A, B
& C state the requirements for lenders when ordering
appraisals. It's amazing not more lenders have
figured out that HVCC does not force them to order
appraisal via AMC's.
LINKS:
NEWS FLASH!
Prime example of AMC RIPPOFF to CONSUMERS,
APPRAISERS & THE ECONOMIC RECOVERY!

Here is a help wanted ad from an AMC.
This shows what they are all about and why the most
experienced appraisers are leaving or have left the
business or will not work for AMC's. This is only
adding to the Real Estate CRASH! The Fees section
reads, "Fees – Products have a standard flat fee
regardless of what state the property is located in
on all properties up to 1 million dollar or 1.5
million dollars dependent on business line. For this
reason it is important for PAs to attempt to place
the order to an appraiser with the lowest fee to
maintain our profitability. On orders over 1 million
dollars the PA is to obtain 3 fee quotes from 3
different offices before assigning the order. In
situations where we must use a one time vendor or
fee appraiser the PA will need to check as many
options as possible to obtain the lowest fee." Click
above to read the full employment summary.
A Funny HVCC video

AMC fees revealed!

The information is provided by
directly by fee appraisers and include the
appraisers fee and may include the fee paid by the
borrower. Very interesting!!
Here's a quote: "In 1986, FHA MANDATED the appraisal
fee of $225 be paid to all FHA appraisers. FHA
realized that a fair wage was required to produce
quality appraisal reports. If you adjust the 1986
mandatory appraisal fee for inflation, a current
appraisal fee would be $436 (which was approximately
the amount appraisers were charging prior to the
HVCC)" "Now, due to current "government"
regulations, appraisers are being paid PRE-1986
wages."
Click here to check it out
http://www.appraisersupport.com/AS/Home.html
Please note that appraisal fees can vary in the same
city for the same appraisal. Some appraisers are
desperate and offer low fees. Other appraisers can
re-negotiate a higher fee. Also, AMC fees vary
dramatically around the country and among AMCs.
READ about what seems to be bias propaganda in the
form of a SURVEY put out by the AMC's.

After reading this and the
comments, it is quite apparent the AMC's are pulling
out all the stops to try to save their GOLDEN GOOSE
and keep business as usual. Which means basically
harming the consumer, appraiser and benefiting the
Banks.
Additional comments can be found HERE.
Home appraisal system could be dustbin-bound or
maybe NOT!
The Washington Post :
The net effect, said Roy DeLoach,
executive vice president and chief executive of the
National Association of Mortgage Brokers, "is that
we now have a dysfunctional system that's holding
back the housing recovery. Incompetent, low
appraisals not only hurt individual sales, but
depress property values in entire neighborhoods
unfairly."
House Panel TRY'S TO ‘Sunsets’ HVCC in Consumer Finance Bill
“While I am supportive of
ensuring accurate appraisals, I have repeatedly
expressed concern that the HVCC has potential to
increase costs to consumers, significantly hinder a
consumer’s ability to obtain legitimate and reliable
appraisals, and adversely impact small business
professionals who work in the very neighborhoods
where these consumers are looking to purchase
homes,” Rep. Gary Miller (R-Calif.) said.
“In fact, since the implementation of the HVCC on
May 1,” Miller added, “there are numerous examples
of higher costs for appraisals, poor service, the
inability to use one appraisal for more than one
lender, questionable quality of appraisals, and the
inability to make corrections to inaccurate
information on an appraisal report.”
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HVCC Code
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Fannie Mae HVCC FAQ's
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Freddie Mac: Home Valuation Code of Conduct Q &
A
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Home
Valuation Code of Conduct Fix or Fraud - Realty
Check with Diana Olick - CNBC.com
Update -
Appraisal Code Sparks Huge Response

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In Appraisal Shift, Lenders Gain Power and
Critics/NY TIMES

“We’ve been begging for
years for enforcement of existing state and
federal laws regulating appraising,” said Mr.
Kennedy, a leader in the appraisal community.
“We thought we were finally going to get that.
But the code is doing nothing except putting
ethical appraisers out of business.”
EDITORIAL: This is a good article that shows
just how deep the ********** runs; "In its
original draft, the code froze out brokers and
agents and placed severe restrictions on
lenders. They were forbidden from using their
staff appraisers or an appraisal management
company in which they had more than a 20 percent
interest.
The American Bankers Association and the
Mortgage Bankers Association fought the
restrictions, saying they would increase costs
to consumers. The lenders also argued that Mr.
Cuomo had no jurisdiction over their federally
chartered operations. Banking regulators, who
saw their authority being usurped, agreed.
The final version of the code gives much greater
leeway to lenders. For instance, lenders can
hire their own appraisers if they “recognize”
that complaints will be forwarded to regulators.
The appraisal world was stunned. Dave Biggers,
the chief executive of A La Mode, a maker of
software for appraisers, said, “It’s like
telling me I can steal as long as I ‘recognize’
that complaints will be directed to the police.”
Benjamin Lawsky, a special assistant to Mr.
Cuomo, defended the revised version. “Our goal
was always for the code to eliminate the causes
of appraisal inflation while minimizing any
disruptive impact on the industry,” he said. “We
believe we accomplished this.”"
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Did Andrew Cuomo make a sweetheart deal at the
expense of consumers?
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Home Valuation Code of Conduct - CNBC.com -
Video
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Former Board Chair of Tennessee Real Estate
Appraiser Commission Speaks Out About the New
HVCC -
Knoxville News Sentinel Co.
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Appraisal Institute Calls on HUD to Rescind
Mortgage Regulation -
This also includes the AMC's RESPA violation of non-compliance to
inform borrowers of actual appraisal fees.

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FEDERAL HOUSING FINANCE AGENCY

This is the latest statement from
the Federal Housing Finance Agency dated
7/22/2009. It was only a matter of time before a
Federal Agency involved with the HVCC would have
to spin damage control. editorial: We
here have seen first hand that borrowers are
paying more for an appraisal under HVCC than
prior. Others have first hand knowledge of the
other issues cited on this page and cited
within the FHFA statement.
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Appraisers'
being SQUEEZED!

The Wall Street Journal chimes in
on the repercussions of the HVCC.
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Cuomo's Appraisal "Fix" Has Screwed Up The
Housing Market

8/19/2009 - "Unfortunately, his
quick fix--which has now been adopted
nationally--appears to have hurt consumers,
broken up legitimate deals, and further screwed
up the housing market." Henry Blodget
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NAR Survey shows HVCC Impacting Housing Markets

"An analysis by the National
Association of REALTORS® (NAR) indicates that
the implementation of the Home Valuation Code of
Conduct (HVCC) appears to be having adverse
impacts on the housing markets. Recently, NAR
Research sent a survey on this topic to a random
sample of approximately 40,000 NAR members which
generated 3,600 responses. An analysis of
REALTOR® responses follows."
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HVCC - Will be Mentioned in Congressional
Hearing

10/8/2008 - Today the House
Committee on Financial Services, Subcommittee on
Housing and Community Opportunity will start a
hearing in the early afternoon. Although the
subject of the Subcommittee Hearing is "The
Future of the Federal Housing Administration’s
Capital Reserves: Assumptions, Predictions and
Implications for Homebuyers", at least one of
the several witnesses will discuss the Home
Valuation Code of Conduct (HVCC).
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HVCC
Petition
“We posted the HVCC petition as a
public service to those in our industry who were
being impacted, as an outlet to have their
voices heard,” explained Tim Kearns, chief
executive officer of Think Big Work Small. “We
knew this was causing extreme hardship to the
industry, but we didn’t expect to get thousands
of horror stories from would-be homebuyers whose
dreams have been dashed by this well-intended,
but misguided policy. Every day thousands of
people are getting the rug yanked out from under
them in their quest to become homeowners because
of HVCC. You only need to go to our petition
website to read the stories for yourself,” said
Kearns.
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HVCC Petition Strikes a Hot Button with Industry
and Consumers
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Request For Reconsideration of HVCC -
Video
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View HVCC signatures &
read their personal horror stories. At the time
of this posting
43,182 signatures have been
recorded. Update: As of 3/11/2010 121,154
signatures.
Caveat: I'm still looking for
positive information on the HVCC for balance. I just
haven't found it yet. I will keep looking.
As of
03/11/2010 the negative impact on the housing market
has grown and still NO POSITIVE response
found yet for what seems to be an ill guided folly.
If anyone has any additional links
they would like to share, please . Thank you
in advance.
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WARNING! |
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HVCC & YOU! On May 1, 2009 the HVCC was initiated
throughout the Country on every mortgage transaction that
involves an appraisal that is sold to Fannie Mae and Freddie
Mac. This involves all conventional loans which prior to the
present meltdown was approximately 70% of all lending. With
the banking system crippled, conventional loans seized up
and nearly came to a halt. Presently, the conventional
mortgage market is still trying to get back on its feet
albeit very slowly and cautiously. Then there is the HVCC.
The HVCC came about due to pressure put on an appraisal
management company called eAppraiseIT by a large mortgage
lender Washington Mutual in the State of New York. The
Attorney General of New York created the HVCC. To stay out
of litigation (even though not directly involved), the
appellant in the case (The State of New York) arranged to
have Fannie Mae (FNMA) sign an agreement that all loans
placed through FNMA & Freddie Mac would have to adhere to
this new HVCC.
“We knew this was causing extreme hardship to the industry,
but we didn’t expect to get thousands of horror stories from
would-be homebuyers whose dreams have been dashed by this
well-intended, but misguided policy. Every day thousands of
people are getting the rug yanked out from under them in
their quest to become homeowners because of HVCC. You only
need to go to our petition website to read the stories for
yourself,” said Kearns. READ MORE... |
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