Recently my folks decided to make a life change and sell their home of
34 years. Not knowing anything about the real estate business they decided to rely on a real estate professional. Since I don’t do business in Utah, they decided to reach out to another Realtor to assist them.
Although their home’s value wasn’t what they expected, they decided they could live with what their agent suggested they would net at closing. After a few months of little activity, they finally received an offer, although less than list price, they determined they could live with the deal. Besides, this was what they have been waiting for ever since they retired, a chance to move south and enjoy life in the warm weather, within a rocks throw from a golf course and a casino.
This is where it gets both exciting and frustrating. So, now that they have a buyer for their home in Utah, they decide to take a trip down south and find their dream home. After a weeks long search they find what they’ve been looking for. They write a contract and head back north filled with excitement and anxiety.
Not realizing the complexities of the real estate transaction, my parents did what anyone would do, packed up and left the work of closing the transactions in the hands of the professionals. This is where it gets interesting. My parent’s get a call from their agent informing them that they have a problem. They are told that the appraisal came in less than the contract price and that they need to make a decision on whether or not they would like to sell for less than they have agreed on or terminate the deal. For purpose of this transaction still out of escrow, I will not provide the financial details of the transaction.
So, here are my parents that were expecting to net a certain amount for their home, which was needed to purchase the home they have under contract, now being told that they will receive significantly less than they were anticipating. Not knowing what to do or how this could even happen, they contact me for answers.
I explained to them that this is a common problem today and that our industry has gone through some major changes and regulation reform. But, I assured them that I’ve dealt with this same issue before and that it can be resolved. After I reviewed their appraisal it was evident to me that the appraiser did not include all their square footage and the comps seemed to be very Conservative and not of similar build. Specifically, split level, which brings more value.
Being familiar with the requirements for disputing an appraisal via HVCC, I advised my parents to have their agent contact the lender and request that the lender dispute the appraisal based on these facts. However, at the request of their agent they order a new appraisal, on their dollar and via their agent (not the lender). Well, just as suspected, the appraisal comes in at the value they believe is accurate, the square footage they believe is correct and better similar split level comparables.
At this point I’m a bit confused and ask my parents “who ordered the appraisal?” They tell me that their agent ordered it and that they were going to see if the lender would be able to use it. I figured maybe things were done different in Utah, since it is in fact, very different! So, I kept tabs on it, hoping for the best. I guess it’s been about 10 days or so since this problem arose. Well, this morning I get word from my mother that the lender can’t use the appraisal and that they’re going to have to sell to the buyer at the original appraised value or walk away from the deal.
At this point there are several options to consider, but there are several parts and parties to this transaction that need to all agree and come together for a successful close of escrow. So, to my parents, I would like to inform you on what your options are at this point and what challenges you will face if you do in fact move forward with your contract.
As a mortgage lender and real estate broker I have dealt with this exact situation more than once. Here is what you need to know about the lender, because the lender is the one that determines whether or not the appraisal that they ordered can in fact be challenged.
1. Do they allow any changes or disputes? Some lenders do and others don’t. My company does and there is a process for making disputes and/or corrections.
2. Do they accept re-measures and/or blueprints? You may or may not have blue prints available showing your floor plan and sq footage.
If the lender does not allow any changes. You have the following option if you and the buyer want to continue with the original contract terms:
1. Have the borrower transfer his file to another lender. Since this is an FHA loan, he will need to request a transfer.
2. Amend your closing date, cause it’s gonna take time.
3. Have the new lender order a new appraisal and hope for the best.
If your buyer has already locked his rate, this is a great opportunity for him to move his file to another lender and re-lock his rate. Rates have come down significantly over the past 2 weeks and especially over the past 5 business days. He could save $1,000′s over the life of his loan.
Since your agent is not familiar with how HVCC works, you may want to educate her on what it is and how it works.
What is the purpose of the HVCC?
Enacted May 1, 2009, the Home Valuation Code of Conduct (HVCC) is a set of rules for the mortgage lending and real estate appraisal industries. The intended purpose of the HVCC is to protect appraiser independence and prevent pressure from being applied to appraisers to produce a desired property value. Ultimately, these safeguards are intended to protect consumers. Even though there has been considerable debate about the unintended consequences of the HVCC, compliance is required for all loans backed by Fannie Mae or Freddie Mac.
What can I expect to change because of the HVCC?
The process of ordering appraisals has changed for banks, however. If you’re a homeowner in need of an appraisal of your home, an attorney needing a property appraisal, or even if you work for a small community bank or credit union and will continue to communicate directly with appraisers, you can order an appraisal directly through an appraiser.
Where did the HVCC come from?
The HVCC was born from an agreement between the New York State Attorney General, OFHEO, Fannie Mae and Freddie Mac. In 2007 New York Attorney General Andrew Cuomo filed suit against First American Corporation and its appraisal management subsidiary, eAppraiseIT, accusing them of enabling Washington Mutual to pressure appraisers to change values, as well as hand-pick which appraisers should be used for WaMu’s appraisal reports.
Attorney General Cuomo then subpoenaed Fannie and Freddie in order to learn more about loans purchased from banks like WaMu and the valuation processes they used. One of the results of the investigation was the HVCC, which was agreed upon and approved by Fannie and Freddie. From May 1, 2009 forward, every loan eventually funded by Fannie and Freddie must be in compliance with the HVCC.
What are the specifics of the HVCC?
The HVCC specifically prohibits any party from coercing, suggesting, or influencing appraisers in any way to produce a specific or desired value for a residential property.
Only the lender or a party authorized by the lender can engage the appraiser and order an appraisal that will be backed by Fannie Mae or Freddie Mac. Mortgage brokers and real estate agents, without lender permission, are not allowed to engage appraisers or order appraisals. Also, internal loan production staff members or any other person who is compensated on a commission basis are not allowed to engage the appraiser or have any substantive communications with an appraiser.
A specific exception has been made for institutions which, because of their small size or limited staff, would be unable to establish absolute lines of independence. These smaller institutions are required to clearly demonstrate that they have implemented “prudent safeguards to isolate its collateral evaluation process from influence or interference from it s loan production process.”
All loans backed by Fannie Mae or Freddie Mac must abide by the HVCC. The code doesn’t apply to FHA and VA insured loans, or to appraisals ordered for non-lending purposes.
Lenders are required to ensure that the borrower receives a copy of the appraisal report at least three days before the loan closing. The lender, not the appraiser, must provide the copy to the borrower, at no extra charge. This allows the buyer to read the report and decide whether to go forward with the purchase.
I hope this sheds some light on what your options are and why you are in this predicament in the first place. It’s to bad that you are involved with professionals that are incapable of resolving this issue the proper way.
Good luck and I love you!
Tags: disputing appraisals via hvcc, hvcc