The new Fannie Mae appraisal forms contain a
certification that has led to discontent in the appraisal world.
Certification No. 23 of Fannie Mae Form 1004
reads, "The borrower, another lender at the request of the borrower, the
mortgagee or its successors and assigns, mortgage insurers, government
sponsored enterprises, and other secondary market participants may rely
on this appraisal report as part of any mortgage finance transaction
that involves any one or more of these parties."
Real estate appraisers expressed concern
that this clause in the new form unfairly broadened their liability.
Appraisal organizations, such as the Appraisal Institute, made their
voices heard on this matter.
In response to these complaints, Mark
Simpson, director of property standards with Fannie Mae, acknowledged
that "there may be some confusion in the appraisal community about the
distinction between parties who 'use' and parties who 'rely' on
appraisal reports."
This led to the issuance of a statement,
which was read by Simpson.
"The Intended User of this appraisal
report is the Lender/Client," Simpson said as he read the statement.
"The Intended Use is to evaluate the property that is the subject of
this appraisal for a mortgage finance transaction, subject to the stated
Scope of Work, purpose of the appraisal, reporting requirements of this
appraisal report form and Definition of Market Value."
"The use of this additional notice or
statement may help to clarify the identification of the Intended User as
addressed in the Uniform Standards of Professional Appraisal Practice
and on the revised appraisal report forms," Simpson continued. "This
statement is consistent with Fannie Mae policies, and we will purchase
loans with this additional language in the reports."
"These clarifications help reinforce our
view that appraisers are accountable for the quality of their work,"
Simpson concluded.