Remember Eliot Spitzer? He was the former NY Attorney General who went on the warpath against many corporations, became governor of NY, and then became disgraced and left office. His hard handed tactics left many in his wake and the destruction in many cases was not well-founded. Enter his protege, NY Attorney General Andrew Cuomo. Mr. Cuomo decided that he knew a lot more about mortgages and appraisals than anyone else. He then pressured the implementation of the Housing Valuation Code of Conduct or HVCC by both Fannie Mae and Freddie Mac. By extension, lenders who sell loans to either entity will be adopting this code in the next few days. And it SOUNDS good. On the surface. Unfortunately, there were already codes of conduct in place in the appraisal industry as well as in the lending industry and enforcement of those codes of conduct certainly would have gone a long ways toward cleaning out problem lenders, underwriters, appraisers, real estate agents and mortgage brokers. A simple evaluation of foreclosure rates and common threads in files of defaulted loans would have turned up many of the problem personnel.
Let's take a look at some of the possiblities that could occur under HVCC. I am being kind in the usage of the word 'could' here. Lenders will now assume the role of ordering appraisals, even if they have no contact with the consumer directly. The largest lenders will dictate the terms as to who is on their approved lists and what those fees will be. It is very likely that the use of a 'review' of all appraisals will be a part of the cost to the consumer and that the appraisers may not even receive their full fee as part of that cost to the consumer will be allocated to the 'review' of the appraisal provided.
In simple terms, a consumer may pay $350, for example, for an appraisal, and the appraiser, who is doing a lot more work than in the past, may receive only $250 for their services. Since the appraisal is only a part of the approval process, and the lender assumes the duties of when to order the appraisal, it is entirely possible than a loan application could be denied for a reason OTHER than the appraisal and yet the consumer is forced to ante up for the cost! Most loan officers and brokers will try to be sure that an application would be approved subject to an appraisal as a part of their dedication to good customer service. An appraisal would likely not be ordered if a loan would be declined for other reasons.
Let's assume that the borrower wants to go to another lender...especially if the appraisal was not the reason for the denial. Guess what? That appraisal is not portable, so another appraisal fee would be due. The possibility exists that the same appraiser would be selected by the new lender and a reduction in the fee could be done, but nobody will be guaranteed that that will happen. Meanwhile, many appraisers who are very good at what they do may see their workload increase and their compensation decrease. It does not take a genius to figure out that many of the top quality appraisers will decide to leave the business. Which means the consumer will pay for an inferior product that still may be torn to shreds by an underwriter during the loan application process.
And here is another surprise in store for the consumer. The broker may not even know anything about the appraisal issues that could come up because lenders refuse to provide a copy of that appraisal to the broker. Right now, the appraisals are done in the broker's name which means any number of lenders can receive it as part of an application package. So, the loan officer you have worked with very closely throughout the process, is no longer to offer any advice or suggestions to you. And that goes for any of the Realtors involved in the transaction, too. It means fewer choices for the consumer and we all know about supply and demand and what that does to prices.
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