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Despite new rules, fraudulent real estate appraisals rose in 2009

Despite new rules, there's been an uptick in bad appraisals

WASHINGTON — Tough rules were created last year to cut out monkey business in real estate appraisals, but things haven't gone according to plan.

In fact, fraudulent appraisals actually soared in 2009, according to a lending industry study released April 26, and they now represent the fastest-growing form of home loan fraud.

The Mortgage Asset Research Institute (MARI) found that while overall loan frauds rose last year by 7 percent, the incidence of frauds involving property valuations increased by 50 percent. MARI, a service of data company LexisNexis, collects information from 600-plus wholesale mortgage lenders that account for the bulk of all loans originated in the country. Once a year, it reports its findings on fraud trends to the Mortgage Bankers Association.

Though the biggest source of mortgage fraud in 2009 was intentional misinformation submitted by borrowers on their applications, distorted valuations came in second. In previous annual reports, appraisal problems were far less prominent. As recently as 2006, just 16 percent of all mortgage fraud cases involved skewed property valuations. By 2008 it had jumped to 22 percent, and last year bad appraisals were involved in 33 percent of all mortgage frauds, according to MARI.

The sudden spike in appraisal shenanigans came despite restrictions created last year that were designed to limit interference in real estate valuations and to improve their accuracy. As of May 1 last year, mortgage giants Fannie Mae and Freddie Mac prohibited loan officers and brokers from selecting appraisers and encouraged lenders to use "appraisal management companies" that assign appraisers from nationwide networks.

The new rules, known as the Home Valuation Code of Conduct, stoked immediate controversy. Critics charged that because management companies pay rock-bottom compensation to appraisers — often as little as $175 for an assignment that previously earned them $350 to $450 — the new rules encouraged the use of inexperienced individuals often not familiar with local market conditions.

Critics also claimed that management companies forced appraisers to turn in their work within unrealistically short deadlines, even if they had to cut corners on quality and thoroughness.

Citing widespread evidence submitted by members about lowball and incompetent appraisals, the National Association of Realtors waged a lobbying campaign to persuade Congress to put the entire set of rules imposed by Fannie and Freddie on ice for 18 months. Congress has not acted on the matter.

Bill Garber, government affairs director for the Appraisal Institute, the largest trade group representing the industry, said the increase in bad appraisals last year "demonstrates what happens when lenders hire appraisers solely based on low prices and quick turnaround times."

"This should send a loud signal to lenders to hire ethical and competent appraisers," he said.

Not surprisingly, Freddie Mac spokesman Brad German offered a different view. Since the MARI study itself made no specific reference to the rule changes by Freddie and Fannie or to the use of appraisal management companies, "we see no connection between (the code) and appraisal fraud." Fannie Mae did not respond to a request for comment on the study.

Jeff Schurman, executive director of the Title/Appraisal Vendor Management Association, which represents the appraisal management industry, also had no immediate comment on the findings.

The fraud report covered every major type of valuation method lenders use to underwrite mortgages, including traditional appraisals, broker price opinions supplied by real estate agents and electronic valuations, among others.

The biggest type of fraud? Messing with or fabricating the information on "comparables" that form the basis of most appraisal reports. Rather than selecting nearby properties with broadly similar physical characteristics and recently recorded selling prices, bad appraisers typically came up with houses and characteristics that better fit their purposes.

Sometimes they just left out the negatives. Say, for example, a property was near a noisy highway or busy railroad tracks, conditions that would significantly depress the property's value. No problem. The appraisal report would simply omit those issues.

What did these fabrications achieve? Primarily custom-tailored property valuations that were 15 to 30 percent or more off base, which allowed the sales contract and loan application to be approved. This, in turn, left lenders holding the bag when the mortgage went sour — raising losses and making the national foreclosure crisis even worse.

Ken Harney can be reached at kenharney@earthlink.net.

Despite new rules, fraudulent real estate appraisals rose in 2009 04/30/10 [Last modified: Friday, April 30, 2010 5:30am]

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