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HVCC: A Code Creating Major Conflicts Dr. Gary E. Lacefield
The world of single family appraisal was turned on its head as you know when former HUD Secretary and current New York Attorney General Andrew Cuomo negotiated a settlement resulting in the Home Valuation Code of Conduct (HVCC) being required on all non-government insured residential valuations. The HVCC was supposed to eliminate the ability of the lender to influence the appraised value of the subject home. So lenders either developed sophisticated random selection algorithmic formulas internally to select appraisers or started using appraisal management companies for the selection of appraisers.
This resulted in appraisers being selected to valuate properties in areas that they were not familiar, working with production teams that may have been used to a quicker turn time than selected appraiser was accustomed, and valuating properties that were outside the type and size home that the appraiser was accustomed. For example, I have see some appraisers who have only performed valuations on FHA insured homes ranging from $89k to $155k now being asked to appraise properties in neighborhoods where people drive cars the price of the homes the appraiser was used to valuating. This is not good for the seller, the buyer, and certainly not the appraiser.
The Code is well intended but like most government induced legislation, ill conceived and rarely effective, much less practical. The Code does not address any influence by the two entities that are most familiar with the target value need, the seller and the seller’s real estate agent or broker. When the appraiser visits the subject property, what is to prevent the seller from stating the value they would like to see—and the answer is nothing. There is nothing in the code that prevents the seller’s real estate agent from meeting with the appraiser. The lender absolutely has no control over the seller, buyer, or real estate agents’ actions.
The Code does not address a situation where a Veterans Administration loan has been ordered and the veteran decides to go conventional. The appraiser was selected by the VA not the lender, yet based upon the Code; a new appraisal would have to be ordered with a new appraiser that met the Code. There are many national groups challenging the HVCC so stay tuned.
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