News Release Date: December 23, 2008
HOME VALUATION CODE OF CONDUCT (HVCC)
delivers valuation reports for home refinance and purchase transactions in compliance with HVCC and USPAP. With many lenders and appraisers gearing up for this requirement, Mortgage Documents Solutions (MDS) seeks to avoid disruptions in lender-appraiser business by letting lenders and appraisers keep their current relationships, by routing and managing the transaction, and by maintaining the HVCC-required level of separation.
This new regulation requires the following on its Sections III A to C of the Code:
"III. Appraiser Engagement
A. The lender or any third party specifically authorized by the lender (including, but not limited to, appraisal companies, appraisal management companies, and correspondent lenders) shall be responsible for selecting, retaining, and providing for payment of all compensation to the appraiser. The lender will not accept any appraisal report completed by an appraiser selected, retained, or compensated in any manner by any other third party (including mortgage brokers and real estate agents). The lender may accept an appraisal prepared by an appraiser for a different lender, including where a mortgage broker has facilitated the mortgage application (but not ordered the appraisal), provided the lender: (1) obtains written assurances that such other lender follows this Code of Conduct in connection with the loan being originated; and (2) determines that such appraisal conforms to its requirements for appraisals and is otherwise acceptable.
B. All members of the lender’s loan production staff, as well as any person (i) who is compensated on a commission basis upon the successful completion of a loan or (ii) who reports, ultimately, to any officer of the lender not independent of the loan production staff and process, shall be forbidden from (1) selecting, retaining, recommending, or influencing the selection of any appraiser for a particular appraisal assignment or for inclusion on a list or panel of appraisers approved to perform appraisals for the lender or forbidden from performing such work; and (2) having any substantive communications with an appraiser or appraisal management company relating to or having an impact on valuation, including ordering or managing an appraisal assignment. If absolute lines of independence cannot be achieved as a result of the lender’s small size and limited staff, the lender must be able to clearly demonstrate that it has prudent safeguards to isolate its collateral evaluation process from influence or interference from its loan production process.
C. Any employee of the lender (or if the lender retains an appraisal company or appraisal management company, any employee of that company) tasked with selecting appraisers for an approved panel or substantive appraisal review must be (1) appropriately trained and qualified in the area of real estate appraisals, and (2) in the case of an employee of the lender, wholly independent of the loan production staff and process."
To see the new GSE's Home Valuation Code of Conduct please use this link:
http://www.ofheo.gov/media/news releases/HVCCFinalCODE122308.pdf
is your Appraisal Management Company (AMC) in Puerto Rico.
MDS is ready to help lenders comply with this new rule.
This new regulation will become effective May 1, 2009.
Email us to find how we can help at:
info@mdspr.com