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Featured news — posted May 4, 2004
The appraiser's lonely fight against mortgage fraud

Last week we wrote about how mortgage fraud is reported to be a prime mover behind artificially inflated property values in some local, fraud-prone areas. You agreed. We've never received more e-mail from our e-newsletter than we did last week, and far too many of you had fraud "war stories."

One appraiser wrote us:

"I was recently requested to complete an FHA appraisal on a home that had been flipped. A local [real estate agent] purchased the home for $7,500 had her maintenance crew put a poor paint job on the home then sold to three elderly friends living on a fixed income for $33,000. The loan officer agreed with the [agent] to use an FHA appraiser from [another market] instead of using a local FHA appraiser. The appraiser completes the appraisal for $39,000 with few or no requirements. It was a complete joke.

"The loan is completed and closed. The FHA underwriters got a hold of it and said, 'banker/loan officer, this loan looks like the home was flipped. Either get the receipts for all the repairs that were made on the home or get another appraisal from a FHA qualified appraiser.' We all knew there were no repair receipts.

"I was asked to complete a new FHA appraisal. It did not take long for me to understand how bad they did these elderly buyers. At my inspection, one of the older ladies nearly broke down crying as she told me her toilets did not work very well. The smell of sewage was making them sick. I investigated to find half the crawl space in a foot of raw sewage.

"When they moved into the home, she told me the renter had stripped the home of ceiling fans and light fixtures. She, not knowing what to do or what her legal rights were spent $500-1,000 replacing lights and making repairs on this FHA home.

"I rejected the home and explained the problems to the loan officer who begged me to do this favor for her. I know the second appraiser who was asked to do her this favor, he said no thank you. Finally, the third FHA appraiser completed an appraisal for the $33,000 getting the loan officer off the hook.

"This client used to be my biggest client but not any more. But my conscience is clear. I did the right thing."

Unquestionably, yes, you did.

We got far too many e-mails like this. Most were horror stories like the one above, involving one, single property whose value had been inflated (or attempted to be inflated). But the larger point of last week's piece bears repeating: The property above goes into the MLS and sales records as a $33,000 "comp." Without extraordinary due diligence on the part of an appraiser, an appraisal of the house down the street in comparable condition with comparable square footage and features will use a $33,000 sales price to justify the next value.

Appraisers are the front line defense against this type of unconscionable fraud, as our e-mailer demonstrates. Unfortunately, loan officers can cherry pick till they get a malleable appraiser, as the story also illustrates.

Another reader wrote us that in his MSA, "95 percent of the appraisals go to five percent of the appraisers." And to hear him tell it, it's not always the loan officer. "[Real estate agent] makes sale, then he/she tells loan officer to use their good old boy appraiser. As a result, the loan can't fail and borrower gets stiffed.

"This is what loan officers are telling me. They say their hands are tied. If they do not use the [agent's] appraiser then no more loans."

Lest we forget that that five percent of appraisers — and the third FHA appraiser in the first e-mail above — are also part of the problem, another e-mailer told us: "Let's not kid ourselves. Appraisers via lender pressure are a large part of the problem. There are too many of us and certification is the worst thing that ever happened to this industry. There are many, many appraisers who are basically untrained, and are hired because of one attribute that they possess, i.e., their ability to magically meet or exceed the 'estimated value' written on the appraisal order by the loan officer."

We wish we could wind this article up with the magic solution to the problem. (It would be even better if we could sell you software or technology that would eliminate the problem!) We know it's not AVMs or alternatives to full appraisals. An AVM on a home down the street from the "$33,000" FHA property above will factor in proximity, square footage, acreage, frontage and as-built features and say the next run-down, unfit for living in shack is also worth $33,000. An "AVM plus inspection" — which isn't, it's more of an "AVM plus a quick look to make sure the house is actually there" — won't catch it, either. The place was painted, right?

Thanks to everyone who wrote in, and also — especially — every appraiser who dedicates their working hours to fighting this nonsense. Without the 95 percent of appraisers who take their professional responsibilities seriously, every one of us would be at risk of being defrauded out of tens of thousands of dollars in a mortgage fraud scheme.

Creative financing and seller assisted down payments also pump up values

We promised last week we'd continue our look at factors which may be artificially inflating property values. A more widespread and systemic factor may be seller concessions and other creative financing, and seller assisted down payments. Many of you wrote in last week to agree.

One appraiser wrote: "A prime example would be a $200,000 sales price agreed upon by buyer and seller. The [real estate agent] or mortgage broker suggest the seller help pay the buyer's closing costs (especially if buyer is short the needed money to close). The seller, not wanting this to impact his bottom line, adds the 'lender's allowable' [by HUD] six percent seller contribution to the sales price, creating a false secondary contract with a new sales price of $212,000. Now the appraiser is 'pressured' by all parties to value the property at the new inflated sales price.

"The compounding effect is that when this property closes, it is recorded as a $212,000 sales transaction, when it is in reality only a $200,000 sale. And rest assured, this sale will be utilized in every appraisal report performed in that neighborhood for the next six to 12 months.

"Multiply this by numerous transactions which include seller concessions, and you can see the impact on property values within the marketplace. Even in the refinance market, everyone with a $200,000 home in this area swears that their home is actually worth $212,000 now, and so on, and so on, and so on!"

The Real Estate Commission and Board of Real Estate Appraisers of the state of Colorado issued a joint position statement on seller assisted down payments last summer, "to address mutual concerns" among appraisers and real estate brokers about the inflationary effect on property values. As far as we know, it's one of a kind; if you're aware of a similar policy statement in your state, please write the editor.

"Accurate sales data is crucial for appraisals and comparative market analysis (CMA) work products," the statement said. "Both appraisers and real estate brokers can effectively work together to maintain the safeguards that accurate sold data affords." (A CMA is an opinion on what a property would be likely to sell for by a real estate agent or broker familiar with the sales activity in the neighborhood.)

"This problem is particularly evident when appraisers fail to report, analyze and adjust for financing and seller concessions in their appraisals. Concessions should not be mistakenly viewed by appraisers as additional value to the property. To do so would result in the lender making a loan partially secured by the creative financing of the sale," it said.

It recommends that appraisers adhere to the following standards:

  • Research and confirm subject property and comparable sales, including obtaining details of the contract and financing terms.
  • Research and confirm all relevant information about a transaction, including determination of seller paid costs.
  • Utilize all available data search tools, including the listing history and seller contributions features of multiple listing services.
  • Make appropriate adjustments to comparables with seller contributions and inducements to purchase when developing work products.
  • Comply with the applicable provisions of the Ethics Rule and Standards 1 and 2 of the Uniform Standards of Professional Appraisal Practice (USPAP).
  • Comply with any supplemental standards required by agencies such as the Federal Housing Administration.

Good advice in any market.

"Seller assisted down payments" and "seller concessions" are terms often used interchangeably, and they can lead to the same valuation problems when examining comps. But concessions can be much broader. Concessions can include the seller paying the buyer's closing costs. On a $100,000 sale, if the seller agrees to pay $4,000 in buyer closing costs, the "sale price" is really $96,000. But it goes into the MLS and sales records as $100,000. Hardly worth worrying about on its own, until you compound it by dozens upon dozens of sales in a neighborhood over a period of a few years. Sellers may agree to pay buyers' discount points as well; this is recorded as part of the sales price.

The Appraisal Institute warned that "sales contracts can be written to include these concessions, resulting in an inflated sale price. The problem occurs when appraisers, intentionally, accidentally or under pressure from clients or other third parties, agree to support the contract price and issue a fraudulent or misleading appraisal report.

"Unfortunately, if these concessions are not accounted for, a cycle of overvaluation may be created which has the capability of compounding itself."

  
News briefs
AVM vendors scramble to discredit Fitch Ratings
Two weeks ago we
told you that investment ratings firm Fitch Ratings had determined it would discount the value of Mortgage Backed Securities (MBS) from "soft" or "weak" markets in which less than a full appraisal was used. We also said this was the long overdue beginning of the end for the push to use AVMs in first mortgage transactions.

Reaction from the people who put out, resell and use AVMs buttresses our point. Lee Kennedy, alternative valuation products manager at Washington Mutual, dismissed Fitch's "basic premise" because "the same data used in AVMs is being used by appraisers." This is absurd on its face. The primary source of data used by almost every AVM in the country is public records, but that data is largely compiled using data entry personnel in the Philippines sorting through crate loads of plain old paper shipped in from the States. That process takes at least 60 days, and then the data has to be reintegrated into the models after it's distributed to the various first and second tier AVM providers.

That data is also only sent to the counties after closing, not at the time of the contract being written, which is the real date of the buyer and seller's agreement on the price. That throws in another 30 days at the very minimum, usually more.

To the contrary, the appraiser sees and considers — must consider, under USPAP — the sales that were marked as sold on the local MLS as of just yesterday. The appraiser also considers what listings expired just yesterday, what sales closed just yesterday, and what listings came on the market just yesterday.

There is no AVM in the country with access to the same data as appraisers, and that data defines the market today.

Darius Bozorgi, AVM committee chairman of the Real Estate Information Professionals Association (REIPA) and graduate of the same law school class as your indefatigable e-newsletter editor, told American Banker that lender pressure increases in a declining market — and AVMs, unlike appraisers, have the advantage of being immune.

But Sarbashis Ghosh, a senior director in Fitch's residential MBS group, told AB that originators can cherry pick from among AVMs until a desired number is achieved. "Whether you're using a human or you're using a model, if you really want to get to a number, there's probably a way to get there," he said.

Dr. Michael Sklarz, chief valuation officer with Fidelity National Financial, said “AVMs tend to be more conservative in their value estimates relative to appraisals." He added that good AVMs make time adjustments to account for rising and declining markets.

The problem is that there are six people in the world who know which AVMs are doing that, and how. And none of them are mortgage originators. And none of them work for Fitch Ratings.

Marshall & Swift to be sold to automated valuation provider, which says it will use M&S data in its AVMs
MacDonald, Dettwiler and Associates (MDA), the British Columbia-based parent company of data and Automated Valuation Model (AVM) provider DataQuick, agreed last week to purchase insurance data firm and cost approach bible-producing Marshall & Swift / Boeckh for up to $340 million.

"This event represents a significant move forward in realizing MDA's vision to become a leading force in the U.S. property information market," Daniel Friedmann, president and CEO of MDA, said. "It will significantly improve our position as one of the leading suppliers in the expanding market for automated property valuations in the U.S., a key step in our strategy."

Marshall & Swift / Boeckh was formed in 2001 in a merger between Marshall & Swift and E. H. Boeckh. The company currently generates about $70 million in annual revenue, much of it from commercial appraisers.

MDA, alluding to its DataQuick operations, touted the acquisition's expansion of "the extensive public record and appraisal data warehouse at its disposal with an unmatched proprietary database containing many years of accumulated property information collected for insurance purposes."

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mattb@alamode.com.

e-Newsletter archives



e-Newsletter 4/27/04
Mortgage fraud inflating property values nationwide


e-Newsletter 4/20/04
Beginning of the end for AVMs

e-Newsletter 4/13/04
New mortgage boom coming

See full archives

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