How HVCC Will Change the Real Estate Industry Comments
In March 2008, Fannie Mae, following an investigation by New York Attorney General Andrew Cuomo and the Federal Housing Finance Agency (FHFA), developed the Home Valuation Code of Conduct. The code, which went into effect on May 1, 2009, requires the use of an independent appraiser to determine real market value of a home before a mortgage is written on it. It is currently being used by beleaguered mortgage giants Fannie Mae and Freddie Mac and the details of how that will affect others are still a little unclear. Let me try to dispel some of the rumors and give you some of the facts.
As of the May 1st effective date brokers will no longer be allowed to use independent appraisers or even choose their own appraisers. This decision will be left up to the lender now and they may only use AMC’s (Appraisal Management Companies) and not independent appraisers. The rationale behind this is that anyone who will be rewarded with a commission when a deal closes needs to be eliminated from the appraisal process. The reasoning is sound, eliminating potential for abuse, but the side effects on the industry as a result of this ruling could be catastrophic.
The first area of impact will be on the consumer. Requiring the lender to initiate the appraisal increases the waiting period for the consumer when they are attempting to close on a new home. It also means that if you change lenders you will require a whole new appraisal, something that will consume more time and cost money for the buyer. The broker is also affected by the requirements because they no longer have any control in the appraisal process. They’ve been placed at the mercy of the lender.
Another area of concern is for the appraiser. Many feel that the HVCC will put many independent appraisers out of business. They are required to join an AMC and that will cost them 40% of their income. They have no choice but to raise their fees or go under. The increased costs to them will be absorbed by the consumer and certainly not covered by the mortgage lender. Under the new guidelines, appraisers are also not allowed to have any communications with mortgage brokers, loan officers, agents or any others who are in a position to earn a commission from the close of a deal. This renders meaningless any client relationships that appraisers have built over the years.
My take on this is the same as it has been for most of the other crazy pieces of news and legislation I have seen come out of the mortgage industry. How does this make sense and why was it put in place with little or no opposition? It hurts so many people across the board that it can’t possibly last. The good news is that right now the HVCC is only being used by Fannie Mae and Freddie Mac, but the bad news is that many brokers have adopted its guidelines for FHA loans as well, assuming that the change will eventually be universal. Honestly, I think we need to take another look at it before it gets out of hand and make sure reasoning like this doesn’t become widespread in the real estate industry.
Banks and lending institutions make poor decisions and the average consumer has to pay the price. That seems to be the theme of what is going on in America right now. Homes are being foreclosed on because average consumers can’t pay the adjusted rates imposed on them by mortgage companies that presented them as a good deal for lower credit score buyers. Freezes in the credit market resulting from the high number of defaulted loans and mortgages have forced manufacturers to cut production and lay off workers, putting tens of thousands out of work. And now credit card companies are raising interest rates on customers with good credit to help them pay for the losses they’re getting on defaulted cards they issued to those with poor credit. Does any of this make any sense at all?
There is a feeding frenzy in the home sector that I haven’t seen in a long time. Yes, competition is always fierce for a good deal, but today we are seeing up to 30 or more offers on a foreclosed home. Real estate agents tell me that people are bidding up the prices and in some cases paying up to 20% more than the bank is asking. Is it possible that the same buyers are all bidding on the same house? As an example, let’s say you are bidding on a home in Los Felix, Ca or it could be Any City in the USA that has an abundance of foreclosures. More than likely you are bidding on other houses in that same area right? I know I am. As an investor, I have offers on several houses because I plan on buying a lot of them. So if there is 15-20 and in some cases many more foreclosures in you’re market then you and other buyers (you’re competition) are probably bidding on all of them? And who benefits, the realtors, and the banks that are selling these foreclosed properties. Also, the banks are dispensing their inventory of foreclosed properties at an even steady pace to avoid flooding the market, which is keeping the prices high. After all, it’s in their best interest to keep prices high. The banks are already taking huge losses on these foreclosures. And is it bad for prices to stay high? What is high? Prices are already down 50-75% over the height of the market depending on the area. I read one article that indicated that prices in an upscale area have fallen 50%. Any way you cut it, you’re getting a tremendous buy. The banks holding back properties and releasing them slowly helps create stability in the markets. It goes back to supply and demand. Market Value is defined as what a buyer and seller are willing to agree too. I am sure the homeowners in the neighborhoods where foreclosed homes are being sold at rock bottom prices are very happy to hear about the bidding wars. The prices that are set in the sale of a purchase create a “Sale Comparable”. The Sales Comparable is what Banks, Realtors, Buyers and Investors look at when they come up with respective value. The higher the property sells for the higher the future comparables, which establishes the future prices.
Unemployment in the state of California in the month of March was a staggering 10.1%, and that wasn’t even the highest in the country. That distinction belongs to the state of Michigan, coming in with a mind-boggling 11.6% unemployment rate. The top four is rounded out by South Carolina at 10.4% and Rhode Island at 10.3%. Puerto Rico, an American territory, has a 13% unemployment rate. In the month of February alone the United States lost almost 700,000 jobs. Those numbers are leaving thousands of homeowners without the financial means to pay their mortgages. As the trend continues, and it appears that it will for a while, properties go into foreclosure or are abandoned and property values go down even further.
The California cities on the list are Vallejo, Fresno, Modesto, Stockton, Visalia, Bakersfield, Lancaster, Palmdale, San Bernardino, Riverside. These are areas where investment opportunities abound, quality properties that were sold to non-qualified home buyers using sub-prime adjustable mortgages. Many of those mortgages are being foreclosed on, the property values are plummeting, and the upside for the investor is huge right now.
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