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The following information is all appraisal related with bits and pieces of articles, rules, and regulations that are considered of interest to most appraisers and many users of appraisal services.  Please feel free to add any comments to the "PAC Feedback Form." 

This section of the website is considered a work in progress and will have constant changes and updates.  

Jim D. Pearson, IFAS, IFA
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Revisions to Section 1103 of the Occupations Code

Changes to the
laws and rules regarding certified or licensed appraisers has a great impact upon real estate licensees, i.e. brokers and sales licensees regarding when a real estate broker can do a Brokers Price Opinion (BPO).  Real estate appraisers also need to review the changes to make sure they conform. 

The requirements for HB 2375 was signed by the Texas Governor on May 27, 2011 and was effective immediately.  HB 2375 makes changes to Section 1103 of the Occupations Code relating to practices and professions regulated by the Texas Appraiser Licensing and Certification Board (TALCB).
 
I believe you will find that the changes, in part,

    * require all appraisals in Texas be performed by licensed or certified appraisers,
    * evaluations, opinions of value, or BPOs cannot be referred to as an appraisal, and
    * BPOs must be related to the actual or potential acquisition, disposition, encumbrance, or management
               of an interest in real property and
    * repeals the provisional license category. 

These and other changes help clear the lines between real estate appraisers and real estate brokers issuing opinions of value.
 
These changes are important to me as an expert witness as it requires all the appraisal experts or others who give an opinion of value in litigation to follow USPAP.  USPAP has not allowed letters of opinion, restricted appraisals, or opinions of value for litigation purposes but Texas state laws were not clear or not enforced thus the changes clarifies that all appraisals in Texas must be performed by a licensed or certified appraiser.

HB 2375 Signed & Effective 5/27/2011
  
HB 2375 History
  
NOTE:  The TALCB and TREC websites have not fully been updated to reflect these recent changes. 



Unifom Mortgage Data Program (UMDP)
Uniform Appraisal Dataset (UAD)
 

Effective September 1, 2011, Fannie Mae appraisals will have to conform to the Uniform Appraisal Dataset (UAD) which is part of the new Uniform Mortgage Data Program (UMDP).

The lenders have until have until March 19, 2012 but may start accepting the new appraisal format on or after December 1, 2011. 



Board of Governors of the Federal Reserve System
 

Release Date: October 18, 2010

For immediate release

The Federal Reserve Board on Monday announced an interim final rule to ensure that real estate appraisers are free to use their independent professional judgment in assigning home values without influence or pressure from those with interests in the transactions. The rule also seeks to ensure that appraisers receive customary and reasonable payments for their services.

The interim final rule includes several provisions that protect the integrity of the appraisal process when a consumer's home is securing the loan. The interim final rule:

  • Prohibits coercion and other similar actions designed to cause appraisers to base the appraised value of properties on factors other than their independent judgment;
  • Prohibits appraisers and appraisal management companies hired by lenders from having financial or other interests in the properties or the credit transactions;
  • Prohibits creditors from extending credit based on appraisals if they know beforehand of violations involving appraiser coercion or conflicts of interest, unless the creditors determine that the values of the properties are not materially misstated;
  • Requires that creditors or settlement service providers that have information about appraiser misconduct file reports with the appropriate state licensing authorities; and
  • Requires the payment of reasonable and customary compensation to appraisers who are not employees of the creditors or of the appraisal management companies hired by the creditors.

The interim final rule is required by the Dodd-Frank Wall Street Reform and Consumer Protection Act. Compliance will be mandatory on April 1, 2011. Public comments are due 60 days after the interim final rule is published in the Federal Register, which is expected soon.


Federal Register
notice: HTML | 271 KB PDF

2010 Banking and Consumer Regulatory Policy
 
Last update: October 25, 2010

NOTE: 
           Federal Register, Part IV, Federal Reserve System, 12 CFR Part 226,
Truth in Lending:  Interim Final Rule was published Thursday, October 28, 2010. 

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Fannie Mae

Appraiser Independence Requirements

The Appraiser Independence Requirements have replaced the Home Valuation Code of Conduct (HVCC). These requirements maintain the spirit and intent of the HVCC and continue to provide important protections for mortgage investors, home buyers, and the housing market.



https://www.efanniemae.com/is/appraisers/index.jsp?from=hp
#

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More News Articles
HVCC and the Major Appraisal Organizations 11-24-2009
Scope of Practice - Texas Administrative Code - RULE 153.8 - TALCB
Appraisal FAQ - Fannie Mae - Updated March 2009
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