DHA Appraisal Blog

The Surest Way for Commercial Appraisers to Be Sued for Negligence - Sue for Unpaid Fees
February 11th, 2010 12:01 PM
By Peter Christensen, Liability Insurance Administrators

Here's a quote:

"A typical scenario begins with a commercial appraiser who sues to collect an unpaid fee from a lender for whom he's done several appraisals in the last few years. In the intervening months, the loan went into default. The bank sues right back and files a cross-complaint for negligence claiming that the appraiser overvalued the property and alleging that the bank incurred 50 times more damage than the appraiser's unpaid fee."

"We've also seen commercial appraisers who rendered expert witness services have significant unpaid fees at the end of a litigation. When the final bill remains unpaid, the expert witness appraiser sues the client for the fees. The client sues back blaming the appraiser for an unsatisfying result in the litigation. (When your client's already in litigation -- that's a client who is more predisposed to suing you.)"

Click here to read the full comments


Posted by Dave Hohman on February 11th, 2010 12:01 PMPost a Comment (0)

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Distressed CRE Assets Jump 15% at Nation's Banks
February 25th, 2010 1:58 PM

CRE Assets Quality Continue To Be a Thorn in Banks' Side Even As Fewer Report Losses

The amount of distressed commercial real estate assets on the books of the nation's banks and thrifts approached $60 billion as of year-end 2009. That is up from $52 billion just three months earlier, a 15% increase.

The $59.9 billion includes loans on multifamily and nonresidential income producing-properties that were 90 or more days past due, or in nonaccrual or foreclosure status.

The year-end numbers are contained in the Federal Insurance Deposit Corporation's latest Quarterly Banking Profile, released this week. And they confirm that commercial real estate troubles are eroding the balance sheets of the nation's banks.

As the CRE distress numbers went up, so did the number of troubled institutions on the FDIC's "Problem List." At the end of December, there were 702 insured institutions on the Problem List, up from 552 on Sept. 30. In addition, the total assets of "problem" institutions increased during the quarter from $345.9 billion to $402.8 billion. Forty-five institutions failed during the fourth quarter, bringing the total number of failures for the year to 140, the highest annual total since 1992.

The FDIC does not release the identity of the banks on its Problem List.

Loans on nonresidential income-producing properties that had been foreclosed on increased from $5.84 billion to $7.05 billion - a 21% increase.

Loans on multifamily properties that had been foreclosed on increased from $1.44 billion to $1.75 billion - a 22% increase.

Loans on nonresidential income-producing properties that were 90 days or more past due or were in nonaccrual status increased from $37.05 billion to $41.74 billion - a 13% increase.

Loans on multifamily properties that were 90 days or more past due or were in nonaccrual status increased from $7.75 billion to $9.39 billion - a 21% increase.

Reserves for loan and lease losses increased by only $7 billion (3.2%) in the fourth quarter, as institutions added $8.1 billion more in loss provisions to their reserves than they took out in net charge-offs.

Total net charge-offs totaled $53 billion, an increase of $14.4 billion (37.2%) over the same period in 2008. The annualized net charge-off rate rose to 2.89%, up from 1.95% a year earlier and 2.72% in the third quarter of 2009. This is the highest quarterly net charge-off rate reported by the industry in the 26 years for which quarterly data is available. Banks charged off 0.77% of their loans on nonresidential income-producing properties, up from 0.62% in the previous quarter. Banks charged off 1.11% of their multifamily loans, up from 0.92% in the previous quarter. This was the sixth increase in as many quarters in both categories.

The average coverage ratio of reserves to noncurrent loans and leases fell from 60.1% to 58.1%, ending the year at the lowest level since midyear 1991. In contrast, the industry’s ratio of reserves to total loans and leases rose from 2.97% to 3.12% during the quarter, and is now at its highest level since the creation of the FDIC.

Not surprisingly, the total amount of commercial real estate loans on bank books was flat. Banks posted only $2 billion more in CRE loans at $1.092 trillion. The total amount of multifamily loans decreased slightly from $216 million to $211 million.

Despite the troubles in their CRE portfolios, commercial banks and savings institutions reported an aggregate profit of $914 million in the fourth quarter compared to $37.8 billion net loss a year earlier. More than half of all institutions (50.3%) reported year-over-year improvements in their quarterly net income.

Almost one-third of all institutions (32.7%) reported net losses for the quarter, compared to 34.6% a year earlier. For the full year, banks reported net income totaling $12.5 billion - up from $4.5 billion in 2008.

Posted by Dave Hohman on February 25th, 2010 1:58 PMPost a Comment (0)

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New Home Sales at Record Low
February 25th, 2010 1:10 PM

Economists worry that the end of government assistance will further damage sales.

Published: Wednesday, February 24, 2010 at 10:58 p.m.
Last Modified: Wednesday, February 24, 2010 at 10:58 p.m.  from the Lakeland Ledger

WASHINGTON | Sales of new homes plunged to a record low in January, underscoring the formidable challenges facing the housing industry as it tries to recover from the worst slump in decades.

The Commerce Department reported Wednesday that new home sales dropped 11.2 percent last month to a seasonally adjusted annual sales pace of 309,000 units, the lowest level on records going back nearly a half century. The big drop was a surprise to economists who were expecting a 5 percent increase over December's pace.

While winter storms were partly to blame, home sales have fallen for three straight months despite sweeping government support. Economists were already worried that an improvement in sales in the second half of last year could falter as various government support programs are withdrawn.

"There is no doubt that January and February are going to be messy months for housing, given the severe weather conditions, but that doesn't take away from the fact that the housing sector has taken another big step back, even with the government aid," Jennifer Lee, a senior economist at BMO Capital Markets, said in a research note.

A rebound in housing in the second half of last year helped to boost overall economic growth back into positive territory. Each new home built, for example, creates about three jobs for a year and generates about $90,000 in taxes paid to local and federal authorities, according to the National Association of Home Builders.


Posted by Dave Hohman on February 25th, 2010 1:10 PMPost a Comment (0)

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National Appraisal Fee Survey Available from Alamode Software
February 18th, 2010 5:44 AM
As of 2/15/10 brokers can not order FHA appraisals. FHA requires that "customary and reasonable" fees be used. Of course, what that means has not yet been determined. However, a la mode is providing monthly reports on fees for orders done through their Mercury Network.

a la mode's "Appraisal Fee Reference™ "is the authoritative guide to median and average fees observed between clients and independent fee appraisers when specifying the Uniform Residential Appraisal Report, or URAR. It provides statistical data on hundreds of thousands of URAR transactions at the national, regional, and state levels, covering all 3,221 counties and local administrative districts in the fifty United States, the District of Columbia, Puerto Rico, and Guam."

"The transactions we observe between lender clients and appraisal clients using Mercury Network's technology backbone form the basis of the fee data reported here. The analysis excludes reports ordered by known appraisal management companies, or AMCs, in order to determine the customary fees paid to independent fee appraisers when they are engaged directly, without middlemen."

Monthly reports will be available. Data is from a la mode's Mercury Network, used for appraisal ordering "

Click here for more information and to download the report. Registration required for downloads.

http://www.mercuryvmp.com/analytics/reports

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Posted by Dave Hohman on February 18th, 2010 5:44 AMPost a Comment (0)

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Appraisal Institute Analysis Shows Two-Thirds of Failed Banks Cited for Appraisal Problems
February 18th, 2010 5:42 AM

An analysis conducted by the Appraisal Institute of failed banks shows that nearly two-thirds had been previously cited by federal bank examiners or had ongoing appraisal administration problems, highlighting a significant weakness in many struggling financial institutions.

"An analysis conducted by the Appraisal Institute of failed banks shows that nearly two-thirds had been previously cited by federal bank examiners or had ongoing appraisal administration problems, highlighting a significant weakness in many struggling financial institutions."

Click here to read the full story and download the report


Posted by Dave Hohman on February 18th, 2010 5:42 AMPost a Comment (0)

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ASA, AI, ASFMRA, NAIFA Send Letter Opposing Maryland Bill
February 1st, 2010 1:00 PM
Bill Would Expose Real Estate Appraisers to Criminal Sanctions

ASA, along with the Appraisal Institute (AI), the American Society of Farm Managers and Rural Appraisers (ASFMRA), and the National Association of Independent Fee Appraisers (NAIFA) sent a letter on Jan. 27 to Maryland Delegate Frank M. Conaway, Jr., opposing a bill he introduced that would make it a misdemeanor for an appraiser to “provide real estate appraisal services if the…appraiser knows the asking price or the selling price of the real estate being appraised at the time the appraisal is conducted.” Penalties would range from a $500 fine for a first offense up to a $5,000 fine and 90-day license suspension for a third offense. The bill, House Bill 42, would also provide for an additional civil money penalty of up to $5,000 per violation that could be imposed by the Maryland State Commission of Real Estate Appraisers and Home Inspectors.

The letter advises Delegate Conaway that his bill is “in direct violation of USPAP,” and that the legislation would “effectively scuttle the sale of any Maryland residential property” in a federally related transaction. In addition, ASA and its partners emphasize that “appraisers are among the most highly regulated and accountable professions in the United States,” pointing to several layers of federal, state, and designating organization regulations. This position was bolstered by the fiscal note to HB 42, which suggests the “bill’s provisions conflict with current practice under the Uniform Standards of Professional Appraisal Practice.”

To read the full text of the letter, click here. To read Maryland House Bill 42, click here. To read the Fiscal Note to HB 42, click here.

Posted by Dave Hohman on February 1st, 2010 1:00 PMPost a Comment (0)

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