Appraisal Service Anywhere In The United States
Resolving Appraisal Dilemmas
By Charlie Elliott, Jr., MAI, SRA
Most, if not everyone, in the mortgage business have
had reason, from time to time, to question the work
of appraisers. There are various reasons for this,
some warranted and some perhaps not.
Problems can range anywhere from fraud, blatant
and/or intentional errors to simple differences of
opinion. In cases where the appraiser’s opinion of
value is at question, the matter could simply be
that the property is not worth enough to make a deal
work. In others, there very well may be mistakes,
which will require investigating. Many times, if not
most, issues can be resolved by discussing variances
with the appraiser. When this does not work, other
measures may be necessary.
Listed below is a summary of some of the most common
appraisal dilemmas, confronted lenders. For each
dilemma, suggested solution(s) are offered.
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The appraiser did not call me and tell me
that the appraisal was coming in low. Now I am
stuck with an appraisal, which I cannot use, and
my client is out $350.
I am afraid that this one cannot be blamed
on the appraiser. Uniform Standards of
Professional Appraisal Practice do not permit
the appraiser to accept an assignment with
contingent value conditions. I do not doubt that
some appraisers may have cancelled assignments
in midstream; however, it is a dangerous
practice. Both the lender and the appraiser open
themselves to questions of fraud in such cases.
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The underwriter says that the gross
adjustments in the appraisal are too large to
meet Fannie Mae appraisal guidelines. Unless the
appraiser changes the appraisal, no closing can take
place. You would think that the appraiser would know
better.
If the appraiser made a data collection mistake or a
typographical error, he or she has an obligation to
correct the appraisal report. That may not be the
case, however. Some properties simply do not conform
to the guidelines. The guidelines were established
to filter out properties that do not conform and, in
such cases, the appraiser is right by calling a
spade a spade.
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On a home purchase, the contract price
is $200,000 yet
the appraiser appraised the property for $190,000. I
have a copy of an old appraisal, which was prepared
for a home equity loan, stating a value of $225,000.
Would the facts that the property is selling for
more and that it has been appraised for more in the
past not mean that the property is at least worth
the selling price?
This is a very common, but a stick
wicket. Who is to say that the first appraisal was
not prepared in error or intentionally inflated? The
focus of the solution must be on the correct
appraisal, not the sales contract or previous
appraisals. One of the best solutions of which I am
aware is that of an appraisal review by another
appraiser. This is performed on a standard appraisal
review form in writing. The review could serve to
verify the value estimate of the subject appraisal
or to find fault with it. Typically, if the
appraisal passes scrutiny it stands; if not the
review appraisal, an amended value estimate or a new
appraisal may be ordered to resolve the matter. This
usually is sanctioned by the underwriter.
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The appraisal is
on the wrong form. My property is a condominium and
the appraisal is on a single-family form.
Assuming that the client did not specify a
single-family form, there is no excuse for this. The
appraiser should redo the appraisal on the proper
form at no charge. It is generally expected that
the client ordering the appraisal specify which form
is needed. When there is no form specified and the
appraiser takes it upon himself or herself to select
a form, it becomes the appraiser’s responsibility to
get it right.
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The appraiser came up with different square
footage that the Realtor and the property tax
records did. My lender will not close until this
issue is resolved. The appraiser says that he
measured the house twice and that he is right.
There are two options here. The first would be to
order another appraisal and get a second opinion.
Any variances could be reconciled between the
appraisers. The second would be to personally go to
the house and very carefully measure the house
comparing your dimensions to that of the appraiser.
If the appraiser is wrong he or she is obligated to
make the correction at no charge.
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I am attempting to make an Alt-A loan in the
amount of $1.2 million and the lender required
two appraisals. One appraiser appraised the
house at $1.4 million and the other appraised it
for $1.15 million. The lender insists upon
averaging the two appraisals to obtain a final
value indications, which in this case will not
support the required 90% loan-to-value
percentage. I think the second appraiser is low.
What can I do?
My experience tells me that most underwriters will
not simply permit a third appraisal, unless it can
be demonstrated that the lower appraisal is flawed.
To do so would smack of “appraiser shopping” and
could be considered fraud. An appraisal review on
the lower appraisal by a third appraiser would be a
suggestion. If the lower appraisal is found to be
flawed by the reviewer, either the appraisal review
value indication or a third new appraisal may be
used to average with the higher appraisal. Again
this will likely end up being a decision by the
underwriter.
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I am involved in a situation where I have
observed that the appraiser cited comparable sales
in his appraisal that do not exist. Stated another
way he manufactured the comps. What shall I do?
This is a serious charge and it must be dealt with
accordingly. It is assumed that, at this juncture,
you have no pending loan transaction relating to
this appraisal. If you do, order a completely new
appraisal from a disinterested appraiser and start
anew with the transaction.
It is very important that this appraiser be held
accountable for any violations of the Uniform
Standards of Professional Appraisal Practice. My
suggestion would be that you report the matter in
writing to the state appraisal board in the state
where the appraiser is licensed to perform
appraisals. In the event that you have evidence of,
or suspect, fraud, turn the matter over to the FBI
for investigation. This should also be in the form
of a complaint and should be in writing. All
complaints should be sent via certified
mail.
The
above-suggested solutions are not offered as the
only remedies available to resolve appraisal
challenges as all situations have somewhat different
circumstances. They are offered as ideas, which have
proven to resolve similar problems in the past.
Charlie W. Elliott Jr., MAI, SRA, is President of
ELLIOTT® & Company Appraisers, a national real estate appraisal company.
He can be reached at (800) 854-5889 or
charlie@elliottco.com or
through the company’s Web site at
www.appraisalsanywhere.com.
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