Appraisal Today 
 NEWZ://Appraiser goes to prison/Lendervend AMC wants workfiles/A sale is not a comp - April 23, 2015


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 Wednesday, April 29, 2015

LenderVend Requirement For Appraisers to Upload Copies of Appraisal Workfiles

Excerpt:
Many residential appraisers we insure and several appraiser organizations have contacted us in the last few days about an appraisal management company's new requirement that their panel appraisers upload a PDF copy of their appraisal workfile for each assignment they perform. The AMC is LenderVend, LLC and, according to its website, it is affiliated with mortgage lender Provident Funding.

We understand that LenderVend's requirement imposes an additional burden on appraisers. We've also heard firsthand from appraisers about the anxiety the policy is creating because of the unknown uses to which the workfile may be put by the AMC. As is the case with any peculiar requirements imposed by particular AMCs or lenders, we think that appraisers should weigh these issues in deciding whether they want to perform services for the AMC or lender and/or in deciding how much to charge for their services because of the extra work entailed entailed.

In general, there is no legal requirement for an appraiser to provide a workfile to a client or to the AMC of a client - unless the appraiser has agreed in a service agreement or as part of an assignment engagement that such materials will be provided. Many appraisal service agreements with AMCs and lenders do contain a requirement that appraisers must supply workfiles upon request and/or state that workfiles become the property of the AMC or lender.

My comment:
Many thanks to Peter Christensen of LIA for his very quick response to appraisers' concerns. The notice sent from Lendervend is dated Tuesday, April 28, 2015. There immediately was a lot of discussion online. There were many differing opinions, of course, as we are appraisers and opinionated ;> Remember what it was like back in the Stone Age, before the Internet. Appraisers didn't find out about any Fannie, FHA, etc. changes or any other news for months. Now, it just takes a few minutes. Of course, sometimes ignorance is bliss ;>
Be sure to read the full article below. 
http://www.appraiserlawblog.com/2015/04/lendervend-requirement-for-appraisers.html 
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Living Small In The City: With More Singles, Micro-Housing Gets Big

Excerpt:
Back in 2012, something unusual got started in an alleyway in an already tightly developed part of northeast Washington, D.C.

On an 11th-of-an-acre lot next to a cemetery, behind a block of row houses, tiny houses started to go up. And not just one little house in backyard, like you might see in many places. The builders billed this as an urban tiny house community.

While the average size of new houses gets bigger every year in the U.S., some people are trying to do more with less. A lot less. Tiny houses and micro apartments are now a niche trend in the housing market. Smaller spaces are touted as more environmentally friendly, more affordable and perhaps even more communal. The idea is you might be more likely to get out and be social if you live in a smaller space.

http://www.npr.org/2015/02/26/389263274/ 

My comment: I live 10 miles from San Francisco. Lots of micro apartments being built in downtown San Francisco for Silicon Valley young techie commuters. Don't need parking for cars. 

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U.S. sues Quicken Loans over improper FHA loans

 

Excerpts:

The U.S. Justice Department sued Quicken Loans on Thursday alleging the Detroit mortgage lending giant had improperly originated and underwrote mortgages insured by the Federal Housing Administration.

 

The complaint, filed in the U.S. District Court in Washington, D.C., alleges that from September 2007 through December 2011, Quicken knowingly submitted, or caused the submission of, claims for hundreds of improperly underwritten FHA-insured loans.

 

The government is claiming that Quicken encouraged its employees to disregard FHA rules and falsely certify compliance with underwriting requirements in order to reap the profits from FHA-insured mortgages.

 

For example, the government's complaint states that when Quicken received an appraised value for a home that was too low to approve a loan, Quicken often requested a specific new and higher value from the appraiser with no justification for the increase. That practice is prohibited by FHA rules.

 

http://www.usatoday.com/story/money/business/2015/04/24/quicken-loans-fha-hud-lawsuit/26290987/ 
 

My comment: I got my Quicken loan on duplex in 2012, not FHA. Appraiser paid a decent fee. Hmmm... I am hearing similar stories about appraiser pressure from AMCs and lenders. FYI, mortgage scams are still rampant. Check out http://mortgagefraudblog.com/ - "the" source of this news. Good to see that regulators are going after the "big boys".

 

I very seldom see appraiser names mentioned, so I don't write about the other people going to jail in this newsletter. Except in this newsletter about an appraiser going to jail for a Ponzi scheme. 


 

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Appraiser sentenced to 11 years in prison for $5M Ponzi scheme

 

Excerpt:

A New Jersey real estate appraiser was sentenced to more than 11 years in prison Wednesday for masterminding a $5 million Ponzi scheme that snared a former member of Seton Hall's celebrated 1989 basketball team.Abbe Edelman, 51, of Livingston, pleaded guilty to a wire fraud charge in December, admitting he duped investors into deals to buy up foreclosed properties that didn't exist.On Wednesday, U.S.

 

District Court Judge Susan Wigenton sentenced Edelman to 11 years and three months in prison, nearly five more than the prison term New Jersey federal prosecutors were seeking.

 

"You lied about anything and everything," Wigenton told Edelman, who appeared in court in a yellow prison jumpsuit. "I don't know if it's a sickness. I don't know if you're a sociopath."

 

Very interesting Worth reading.

http://www.nj.com/news/index.ssf/2015/04/livingston_man_sentenced_in_5m_investor_scam.html

 

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It's Not a Comp, It's a Sale

Original title: Lies, Damn Lies...and FNMA 'statistics'

 

Another "good one" by Dave Towne, Washington appraiser and commentator

Reprinted in full with permission

 

Something's been gnawing at my craw ever since January when FNMA's wonderful CU was unleased to the world.  And before that, which still continues, is the AQM process they still use to judge the work of appraisers.

 

No one else has written about this, or even mentioned it, so I will: It has to do with the word "Comp" which is used liberally by FNMA.

 

What exactly is a "Comp?"

 

In FNMA's world, it's any property that they obtain, either by their vast AVM process which examines millions of property transactions, or properties that have been extracted from appraisal reports submitted by appraisers........yes, your work.  In their fuzzy logic, it's a "Comp" considered for your report if they say it is.  It is not!

 

A true "Comp" is a property viewed and/or analyzed by a real living, breathing, mirror fogging appraiser who compares that sold property against the subject property in terms of multiple features, characteristics and amenities.  It is not determined by an AVM or algorithm within the vast bowels of FNMA.  Until the property has such analysis done by an appraiser, it is merely a SALE......it is not a "Comp."

 

This FNMA lie really became evident to me on 4/20/15 when FNMA released a news release about how CU has been integrated into their on-line Desktop Underwriter software mortgage lenders use, which you can read here:  http://www.fanniemae.com/portal/about-us/media/corporate-news/2015/6239.html?p=Media&s=News+Releases&from=RSS 

 

Within that news release is this quotation from a VP at a mortgage lender:  "The collateral information that CU provides is invaluable and simply staggering," said Breck Tyler, Executive Vice President, Trustmark Mortgage Services. "CU has aided in providing important comparable data that was previously unavailable or very difficult to get. CU messages in DU will help streamline appraisal review and make the underwriting of an appraisal a much more informed process."

 

Then, FNMA released info directed to Correspondent Lenders who intend to use the CU process in UCDP, but don't intend to sell the loan to FNMA:  https://www.fanniemae.com/content/fact_sheet/collateral-underwriter-non-seller-implementation-guide.pdf 

 

That has this statement:  "Fannie Mae does not instruct or suggest to lenders that they ask appraisers to address all or any of the up to 20 comparables that are provided by CU for most appraisals."

 

I want to repeat what I said above...in case you missed the point:  A PROPERTY IS NOT A "COMP" UNLESS YOU DETERMINE IT IS AND INCLUDE IT IN AN APPRAISAL REPORT.  Otherwise it's just a 'sale.'

 

If you're an appraiser who liberally uses the word "Comp" in place of a 'property sale' I would ask that you be more careful.  If you receive info from a lender, AMC or anyone else who asks you to look at the "Comp" they have provided, correct them and use the words "sale property" until you have determined that it truly is a "Comp."

 

I'm also asking members of appraisal organizations and associations to communicate your concern about this lie perpetrated by FNMA directly with them, and ask FNMA to change the word "Comp" used in their CU Reports, news releases, instructional materials, etc. to 'Property Sales' so that there is no misunderstanding about the significance of this issue.

 

If organizations and associations won't do that on behalf of appraisers, then we might as well kiss the profession of residential real property appraising goodbye. Because if a list of 'sales' are considered "Comps" then an actual human appraiser won't be needed to provide supportable property analysis and market value reports.

 

WHAT DO YOU THINK? POST YOUR COMMENTS AND READ OTHER COMMENTS AT WWW.APPRAISALTODAYBLOG.COM 

 

My comment: I have been aware of the difference between a sale and a "comp" for a very long time. I try not to mix them up. It is very important when communicating with lenders and real estate agents, who should already know the difference. I am glad that Dave Towne points out this very big difference.

 

I have not found it to be an issue with non-lender clients, where I use "comparable sales" which is a much clearer term to use, since few are familiar with the term "comp".

 

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Mortgage applications decreased 2.3 percent from one week earlier

 

According to data from the Mortgage Bankers Association's (MBA) Weekly Mortgage Applications Survey for the week ending April 24, 2015. WASHINGTON, D.C. (April 29, 2015)

 

The Market Composite Index, a measure of mortgage loan application volume, decreased 2.3 percent on a seasonally adjusted basis from one week earlier.  On an unadjusted basis, the Index decreased 2 percent compared with the previous week.  The Refinance Index decreased 4 percent from the previous week.  The seasonally adjusted Purchase Index was unchanged from one week earlier. The unadjusted Purchase Index increased 1 percent compared with the previous week and was 21 percent higher than the same week one year ago.

 

The refinance share of mortgage activity decreased to 55 percent of total applications, its lowest level since September 2014, from 56 percent the previous week. The adjustable-rate mortgage (ARM) share of activity increased to 5.7 percent of total applications. The average loan size for purchase applications rose to a survey high of $297,000.

 

The FHA share of total applications increased to 13.7 percent from 13.6 percent the week prior. The VA share of total applications increased to 11.3 percent from 11.0 percent the week prior. The USDA share of total applications remained unchanged at 0.8 percent from the week prior.

 

The average contract interest rate for 30-year fixed-rate mortgages with conforming loan balances ($417,000 or less) increased to 3.85 percent from 3.83 percent, with points increasing to 0.35 from  0.32 (including the origination fee) for 80 percent loan-to-value ratio (LTV) loans.  The effective rate increased from last week.

 

The average contract interest rate for 30-year fixed-rate mortgages with jumbo loan balances (greater than $417,000) decreased to 3.82 percent from 3.83 percent, with points increasing to 0.31 from 0.22 (including the origination fee) for 80 percent LTV loans.  The effective rate increased from last week.

 

The average contract interest rate for 30-year fixed-rate mortgages backed by the FHA increased to 3.66 percent from 3.65 percent, with points increasing to 0.16 from 0.12 (including the origination fee) for 80 percent LTV loans.  The effective rate increased from last week.

 

The average contract interest rate for 15-year fixed-rate mortgages increased to 3.14 percent from 3.11 percent, with points increasing to 0.31 from 0.24 (including the origination fee) for 80 percent LTV loans. The effective rate increased from last week.

 

The average contract interest rate for 5/1 ARMs decreased to 2.88 percent from 2.89 percent, with points decreasing to 0.27 from 0.29 (including the origination fee) for 80 percent LTV loans.  The effective rate decreased from last week.

 

If you would like to purchase a subscription of MBA's Weekly Applications Survey, please visit www.mba.org/WeeklyApps, contact mbaresearch@mba.org or click here.

 

The survey covers over 75 percent of all U.S. retail residential mortgage applications, and has been conducted weekly since 1990.  Respondents include mortgage bankers, commercial banks and thrifts.  Base period and value for all indexes is March 16, 1990=100.

 

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