Beginning October 19, 2010, residential mortgage appraisal rules will get a major overhaul due to the passage of the Dodd-Frank financial reform legislation over the summer. The Home Valuation Code of Conduct (HVCC) is out and a new set of appraisal rules and standards are in.
The Dodd-Frank legislation has triggered several major appraisal changes, including: Broad Appraisal Reforms, which replace the Home Valuation Code of Conduct. Title XIV, the Mortgage Reform and Anti-Predatory Lending Act, creates enforceable appraisal independence standards within the Truth in Lending Act and amends other requirements, with significant penalties for non-compliance.
Like the HVCC, the new standards prohibit parties in mortgage transactions from influencing appraisal outcomes. Unlike HVCC, the new law doesn't bar loan originators from ordering appraisals, and demands that “customary and reasonable” fees be paid to appraisers – or risk TILA penalties for an unfair and deceptive act. Appraisal management companies will be subject to registration and state and federal oversight for the first time. The new rules apply more broadly than the previous Fed standards.