Mary Cummins, Real Estate Appraiser, Animal Advocates, Los Angeles, California

Mary Cummins, Real Estate Appraiser, Animal Advocates, Los Angeles, California
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Monday, January 31, 2022

Diversity, Equity and Inclusion Webinar Series: Revealing Relevance for the Appraiser Profession by Mary Cummins

diversity, equity and inclusion webinar series, revealing relevance for the appraiser profession, mary cummins, real estate appraiser, los angeles, california, freddie mac, asa, ai, bias, january 31, 2022, robbie wilson, david doering, danny wiley, johnnie white, scott reuter, uad form,
diversity, equity and inclusion webinar series, revealing relevance for the appraiser profession, mary cummins, real estate appraiser, los angeles, california, freddie mac, asa, ai, bias, january 31, 2022, robbie wilson, david doering, danny wiley, johnnie white, scott reuter, uad form, 


Leading Real Estate Appraisal Organizations Come Together to Present a New Series of Webinars on Diversity, Equity, and Inclusion

Dec 14, 2021 ASA, Appraisal Institute (AI), American Society of Farm Managers & Rural Appraisers (ASFRMA), International Association of Assessing Officers (IAAO), MBREA, and National Society of Real Estate Appraisers (NSREA) have come together to present a new series of webinars on diversity, equity, and inclusion.

The first webinar, entitled “Revealing Relevance for the Appraiser Profession” will air Monday, January 31, 2022 from 1:00-4:00 PM ET. Registration for the first free webinar is available at: http://bit.ly/30CLfNb

Presenting experts David Doering, ASA, IFA, Robbie Wilson, ASA, RA, SRA, Scott Reuter, and Danny Wiley, SRA, will discuss the details of the Freddie Mac study, including questions/points from the research and what appraisers can do in light of the research findings; as well as how the three approaches of value inform an opinion of value; how comparable sale selection can lead to inadvertent effects on the opinion of value; and how neighborhood or market area determinations are made, and how this definition can cause inadvertent negative impacts.

Webinar Speaker Panel

David Doering, ASA, IFA, Missouri Property Appraisal, Inc.

Danny Wiley, Freddie Mac 

Robbie Wilson, ASA, RA, SRA, Advance Appraisal Group, Appraiser Instrutor.

Scott Reuter, Freddie Mac

This webinar will award 3.0 ASA continuing education hours. This webinar has not been approved by any state appraisal board for real property continuing education hours. A copy of the webinar video will be posted here when available.



Below are my personal notes from the three hour webinar. There were three main parts then Q&A at the end. Johnnie White of ASA was the host of the webinar. Left to right, top to bottom, Robbie Wilson, Johnnie White, Danny Wiley, David Doering, Scott Reuter. 

Left to right, top to bottom, Robbie Wilson, Johnnie White, Danny Wiley, David Doering, Scott Reuter.
Left to right, top to bottom, Robbie Wilson, Johnnie White, Danny Wiley, David Doering, Scott Reuter. 


1. Dave Doering and Scott Reuter were the first speakers talking about the Freddie Mac study. Scott Reuter wanted to clear up a few things. In the desktop appraisal there is a "floor plan" instead of a "sketch." The appraiser doesn't do the floor plan or sketch. It's provided by other sources. The desktop appraiser stays at their desk. Hybrid appraisals are basically a desktop appraisal with someone else providing some of the data for the property. 

Scott Reuter, FreddieMac: Typically we are going to use closed sales transactions which are going to lag current trends. We're not here to beat you (the appraiser) up. (He was referring to the Freddie Mac paper about appraisal gaps.) We have made no conclusions stating there is bias in appraisals. We are just seeing different results from different areas. 

While reviewing appraisals we noticed that currently there is about an 18% appreciation rate yet appraisers are only adjusting 5-6%. (My comment. We still can't go over the highest closed sales so even if we adjust for a full 18% appreciation, it won't change the final value. Maybe it will at least appease the borrowers)

There was an issue of language in reports. The two problems are discriminatory language which you just can't use and subjective language. What does "desirable neighborhood" mean anyway? It's vague. All areas are desirable or they wouldn't exist. Instead you can say the median price in one area is higher than surrounding areas.
















2. Robbie Wilson. Understanding the Three Approaches to Value. It was very difficult to understand what he was saying. I put in both ear buds, upped the volume, leaned forward and still had a problem. All the other speakers were very clear and understandable.

He explained value and the three approaches to value as if the viewers were not appraisers. He said appraisal technique has nothing to do with bias. Only people can be biased using the technology and methods just like the saying 'guns don't kill people. People do.' (Appraisers kill people? Not the best analogy. Now I realize why he posted a disclaimer at the beginning of his presentation saying everything is his own personal opinion only.)(Previously people were saying that the sales comparison approach/method was biased against black people because it relies on the sale of similar properties in similar areas. Andre Perry said this. Others said the resultant values were a product of redlining from years ago. Glad to see that Robbie doesn't agree with that idea.)

We need to do something about racism because of money. TAF said they would do something but they've done nothing. Redlining comes from these same government agencies. There is a mountain of evidence of systemic discrimination in housing. Everyone backs me up. Some are saying appraisers are not biased. Appraisers are biased. We need to kick them out. (He had 49 slides. Here are a few)















Robbie said maybe a sign like this hanging in the office would help. (Who has an office where a borrower would see it?)






3. David Doering, Residential Appraiser. Appraisal Considerations in the Selection of Comparable Sales.

Our current regulations already preclude bias. It's an ethics violation. Definitions of objective and subjective bias. USPAP regulations preclude being subjective. They are now including protected characteristics besides just protected classes. Protected characteristics are for example gender expression. 

There have been numerous isolated incidents of bias in the media. We don't know cause but it's a matter of public awareness. 

Everyone knows the three major determinants of value are location, location, location. You can use comparables from a similar neighborhood if needed. A subdivision is not a neighborhood. You can use comps outside of the same subdivision (I missed a few minutes)















Q & A

To Robbie Wilson: Q: Can an AVM be biased? A: The program writer can be biased. 

To Danny : Q: Will appraisers be involved in the UAD redesign? A: They already are. 

To Danny: Q: What is the difference between the sketch and floor plan? A: Interior walls must be drawn in floor plan. Appraisers don't do the floor plan. It comes from someone else. The redesign of the UAD form will come out 2024. The last redesign was 2005.

To someone: Q: Are property data collector standards being developed? A: I'm sure they are. (He didn't understand question about hybrid data collectors so Danny answered) Danny: I think he's talking about hybrid data collectors. We have data standards and training requirements. They're not Uber drivers and delivery guys. We are testing our data standards. 

To Robbie Wilson: Q: Any advice to anyone falsely accused of being biased? A: Facts will exonerate them. 

Danny answering above question. Your workfile is your friend. 40% of the time (in investigations) appraiser didn't have a true copy of the final appraisal report. They didn't save the last copy, version.

To Robbie Wilson: Q: There are not that many female appraisers. How can we get more female appraisers in the profession? A: Recruiting. 

I'll post the link to the video of the webinar here when it's available. 



Mary Cummins of Cummins Real Estate is a certified residential licensed appraiser in Los Angeles, California. Mary Cummins is licensed by the California Bureau of Real Estate appraisers and has over 35 years of experience.


Mary Cummins, Mary K. Cummins, Mary Katherine Cummins, Mary, Cummins, #marycummins #animaladvocates #losangeles #california #wildlife #wildliferehabilitation #wildliferehabilitator #realestate #realestateappraiser #realestateappraisal #lawsuit real estate, appraiser, appraisal, instructor, teacher, Los Angeles, Santa Monica, Beverly Hills, Pasadena, Brentwood, Bel Air, California, licensed, permitted, certified, single family, condo, condominium, pud, hud, fannie mae, freddie mac, fha, uspap, certified, residential, certified resident, apartment building, multi-family, commercial, industrial, expert witness, civil, criminal, orea, dre, brea insurance, bonded, experienced, bilingual, spanish, english, form, 1004, 2055, 1073, land, raw, acreage, vacant, insurance, cost, income approach, market analysis, comparative, theory, appraisal theory, cost approach, sales, matched pairs, plot, plat, map, diagram, photo, photographs, photography, rear, front, street, subject, comparable, sold, listed, active, pending, expired, cancelled, listing, mls, multiple listing service, claw, themls, historical appraisal, facebook, linkedin DISCLAIMER: https://mary--cummins.blogspot.com/p/disclaimer-privacy-policy-for-blogs-by.html

Wednesday, January 26, 2022

Bullet Proof Workfile Class by Robert Keller, Florida Real Estate Appraiser Instructor by Mary Cummins Appraiser

Bullet Proof workfile class, real estate appraisal, appraiser, appraisal report, robert keller, florida, real estate appraiser, appraisal, mary cummins, los angeles, california, record keeping rule, ethics rule, uspap

WEDNESDAY, JANUARY 26, 2022 AT 10 AM – 11 AM PST

"Free Workfile class Bullet Proof Workfile 30-45 min by Robert Keller Florida real estate appraiser and instructor. In this informal seminar I will go over what is required to show support for your appraisal report if you find yourself in an investigation by a state agency. I defend appraisers and know what the state is looking for. This will be a Facebook live event." Not sic quote. 

Robert E Keller of REK Realty Advisors started at the top of a 1004 form and went through the entire form stating what records must be kept in the workfile for each data entry, line item in the report. The below is written by me, Mary Cummins. There were no handouts and I missed 15 minutes of the class in the middle.

Per USPAP Record-Keeping Rule, “An appraiser must prepare a workfile for each appraisal or appraisal review assignment. “ “an appraiser who willfully or knowingly fails to comply with the obligations of this RECORD KEEPING RULE is in violation of the Ethics Rule.” It includes "True copies of any written reports, documented on any type of media." It can also be reference to documents in the workfile such as county deeds which are stored someplace else. 

Below is a non-inclusive list of every pdf or paper document you need to save in your workfile. You basically need to save a printout of every document, file, web page, data set you used to fill out any and every part of the report. Appraisers need lots of digital or paper storage capacity. Please, go digital to save trees and lower your carbon footprint. I haven't used paper files since we were allowed to submit pdf reports in the 1990's. Have one folder for each appraisal with all your pdf files inside properly labeled and described. 

The purpose is to create a credible report for your client. Another purpose is to protect the appraiser in case there is a complaint or lawsuit. The better your workfile, the better your report and the better protected you are from complaints and litigation. 

All of these items must be in your workfile and not just in the report.

  • Engagement Letter or email.
  • Order in whatever form.
  • I'd also print out the entire AMC dashboard file page with comments, correspondence, list of documents, dates...after final submission if it's an AMC assignment.
  • Contract which is dated and signed by all parties. If it's not dated and signed by all parties, it's not a valid contract.
  • Copy of every report with every revision. You can "save as" a new raw file with an "a," "b" or date... after it for each revision, clarification request. You could also just save the submitted xml's which generally have a unique number at the end. 
  • Property profile, detail report where you got the size, zone, date built, bed/bath count...
  • Web address, government department, name of report where you got zoning information. I use this for Los Angeles City. Include the title of the zoning report in case the url changes. This link is also in my report. https://planning.lacity.org/odocument/eadcb225-a16b-4ce6-bc94-c915408c2b04/Zoning_Code_Summary.pdf I use this for Los Angeles County https://planning.lacounty.gov/luz/summary/
  • Where you got your FEMA flood map information. If you use Corelogic, a la mode, state a la mode. FYI a la mode is very inaccurate when it comes to flood zones. They even state that in their disclaimer. If you think it's near a flood area, go to the FEMA map online for your county or FEMA direct. An appraiser was sued and reported recently because he relied on a la mode flood maps. He didn't realize they are inaccurate. Three times so far I thought a property was probably in a flood zone but a la mode said no. I went to FEMA maps and they were in flood zones. One property was built over an active creek with bridge access only yet a la mode said it wasn't in a flood zone. This is why you should cite your sources in case your sources are wrong like Corelogic, a la mode.
  • HOA information. Include the HOA questionnaire or summary of conversation with HOA representative i.e. "Appraiser spoke with Jane Doe at ABC Management Company 213 555 1212 which stated there was no pending HOA litigation."
  • It income property, rent control information. In my area we have Los Angeles City, Los Angeles County and California rent control. I include links to the government rent control website information and the information which relates to the subject. 
  • One line MLS search result for subject comparables. This should be a pdf page.
  • MLS print out of comparable listing with interior photos which were used to denote condition of comps. You can print the file to PDF and click "with photos" which will give you all photos smaller.
  • How you figured out adjustments for each comp. Include your xml file, chart, spread sheet. 
  • Previous sales of comps. Print out the detail sheet for your comps. You are going to need a lot of storage capability. Please, don't use paper files.
  • Cost approach. Include the source or url of your cost estimator, estimates such as Marshall and Swift, local developer by name, building-cost.net or whatever you use. Print out the estimate you used. 
  • Anything else you relied upon to produce your report such as Spark, Appraisalmat, MLS... This could be building permits, any documents given to you by the seller or agent, MLS listing printout, property brochure, email from HOA stating HOA dues, budget, lawsuits... I include some of these in the actual report.

This list above is not inclusive. Include anything you relied upon to create the report. The idea is another appraiser should be able to recreate your report based only on your workfile. You must keep your workfile for five years or longer is there was litigation. 

Below are the regulations for record keeping from USPAP. 

"RECORD KEEPING RULE

An appraiser must prepare a workfile for each appraisal or appraisal review assignment. A workfile must be in existence prior to the issuance of any report or other communication of assignment results. A written summary of an oral report must be added to the workfile within a reasonable time after the issuance of the oral report.

The workfile must include:

• the name of the client and the identity, by name or type, of any other intended users;

• true copies of all written reports, documented on any type of media. (A true copy is a replica of the report transmitted to the client. A photocopy or an electronic copy of the entire report transmitted to the client satisfies the requirement of a true copy.);

• summaries of all oral reports or testimony, or a transcript of testimony, including the appraiser’s signed and dated certification; and

• all other data, information, and documentation necessary to support the appraiser’s opinions and conclusions and to show compliance with USPAP, or references to the location(s) of such other data, information, and documentation.

A workfile in support of a Restricted Appraisal Report or an oral appraisal report must be sufficient for the appraiser to produce an Appraisal Report. A workfile in support of an oral appraisal review report must be sufficient for the appraiser to produce an Appraisal Review Report.

An appraiser must retain the workfile for a period of at least five years after preparation or at least two years after final disposition of any judicial proceeding in which the appraiser provided testimony related to the assignment, whichever period expires last.

An appraiser must have custody of the workfile, or make appropriate workfile retention, access, and retrieval arrangements with the party having custody of the workfile. This includes ensuring that a workfile is stored in a medium that is retrievable by the appraiser throughout the prescribed record retention period.

An appraiser having custody of a workfile must allow other appraisers with workfile obligations related to an assignment appropriate access and retrieval for the purpose of:

• submission to state appraiser regulatory agencies;

• compliance with due process of law;

• submission to a duly authorized professional peer review committee; or

• compliance with retrieval arrangements.

Comment: A workfile must be made available by the appraiser when required by a state appraiser regulatory agency or due process of law.

An appraiser who willfully or knowingly fails to comply with the obligations of this RECORD KEEPING RULE is in violation of the ETHICS RULE."

Mary Cummins of Cummins Real Estate is a certified residential licensed appraiser in Los Angeles, California. Mary Cummins is licensed by the California Bureau of Real Estate appraisers and has over 35 years of experience.


Mary Cummins, Mary K. Cummins, Mary Katherine Cummins, Mary, Cummins, #marycummins #animaladvocates #losangeles #california #wildlife #wildliferehabilitation #wildliferehabilitator #realestate #realestateappraiser #realestateappraisal #lawsuit real estate, appraiser, appraisal, instructor, teacher, Los Angeles, Santa Monica, Beverly Hills, Pasadena, Brentwood, Bel Air, California, licensed, permitted, certified, single family, condo, condominium, pud, hud, fannie mae, freddie mac, fha, uspap, certified, residential, certified resident, apartment building, multi-family, commercial, industrial, expert witness, civil, criminal, orea, dre, brea insurance, bonded, experienced, bilingual, spanish, english, form, 1004, 2055, 1073, land, raw, acreage, vacant, insurance, cost, income approach, market analysis, comparative, theory, appraisal theory, cost approach, sales, matched pairs, plot, plat, map, diagram, photo, photographs, photography, rear, front, street, subject, comparable, sold, listed, active, pending, expired, cancelled, listing, mls, multiple listing service, claw, themls, historical appraisal, facebook, linkedin DISCLAIMER: https://mary--cummins.blogspot.com/p/disclaimer-privacy-policy-for-blogs-by.html

Sunday, January 23, 2022

Letter to Rob Hayes of ABC 7 News Los Angeles by Mary Cummins Real Estate Appraiser

Rob Hayes, ABC News 7, @abc7 #abc7n@abc7robhayes, robhayes, Robert Hayes, Bias in Home Appraisals, Eyewitness News, Mary Cummins, real estate appraiser, los angeles, california, discrimination, appraisal gap, appraisal institute, national fair housing alliance, nonprofit, poc, race, people of color, white, brown, black, asian, latino
Rob Hayes, ABC News 7, @abc7 #abc7n@abc7robhayes, robhayes, Robert Hayes, Bias in Home Appraisals, Eyewitness News, Mary Cummins, real estate appraiser, los angeles, california, discrimination, appraisal gap, appraisal institute, national fair housing alliance, nonprofit, poc, race, people of color, white, brown, black, asian, latino

I just saw there was an actual article about this here. 

https://abc7.com/racial-disparities-in-home-appraisals-bias-discrimination-diversity/11496088/

No response to the email. Many other appraisers sent emails and responded to the article online. No response. This proves these "journalists" knowingly spread this false narrative to get traffic and clicks to sell advertising. It's not about reporting the real news or facts. It's about sensationalist news. In this case it's false claims of bias and discrimination which further divides our nation and people. There is enough real racism, bias and discrimination in our nation that we don't need to invent it. People should be fighting real cases of racism. How about dealing with the root cause of the white black brown wealth gap? It's income. How about helping POC make more money? That would allow them to buy and own more expensive homes and have the same amount of money as white people. 

Email to Rob Hayes of ABC News 7

I'm a female Latino Appraiser in Los Angeles with over 38 years of experience. There were some inaccurate statements in your news segment this morning about "Bias in Home Appraisals."

The National Fair Housing Alliance ( https://nationalfairhousing.org ) you cite is a private non-profit organization. Their recent 84 page "report" is based on false and misleading data. It was not a research report. I wrote an article about the major errors here.

https://mary--cummins.blogspot.com/2022/01/identifying-bias-and-barriers-promoting.html

The biggest flaw is that the report is not based on "multiple studies." None of the "studies' were independent peer reviewed and published research. They were all papers written by individuals and groups with agendas. I will illustrate just one issue in that report i.e., "appraisal gap."

There will always be an appraisal gap in areas which are appreciating quickly due to the historical nature of appraisals. Per government regulations Appraisers must use closed sales. Closed sales will always lag behind current contract prices by two to three months. Home values have appreciated during that time causing a gap. 

Values have been appreciating quickly in the last few years. The faster the appreciation rate the larger the gap. Lower valued areas which generally have more POC which are revitalizing or what some call "gentrifying" will appreciate at a faster rate than the market as a whole. That is why there are greater appraisal gaps in those areas. I wrote an article about this issue here https://mary--cummins.blogspot.com/2021/11/appraisal-gap-what-is-appraisal-gap-and.html NFHA knows this but they promote the false narrative to create a racial discrimination issue so they can increase donations to their organization. The more outrageous the story the more donations they receive.

It is difficult for anyone of any color to become an Appraiser today because of the trainee/mentor program. It has nothing to do with race but the program itself. Yes, I wrote an article about that as well here https://mary--cummins.blogspot.com/2021/06/difficulties-becoming-real-estate.html They are currently working to modify the program.

Most importantly the Appraisal Institute ( https://www.appraisalinstitute.org ) is NOT the governing body of appraisers. AI is a private nonprofit just like NFHA. Appraisers are governed by multiple state and federal government agencies. Another article which explains it.  https://mary--cummins.blogspot.com/2021/08/who-oversees-regulates-real-estate.html

AI's board is 100% white and mainly male. It costs $15,000 to become an AI MAI Appraiser. Their members are by far more white and male than regular Appraisers due to the positive correlation between higher income and being white and male. I asked them about their scholarships for women and Latinos. They said I would have to pay to become a member then I could apply with no guarantees of actually getting a scholarship. There is no scholarship for membership fees. That's not really a scholarship offer. 

Another misleading issue is the "accuracy" of the Zillow Automated Valuation Method (AVM). Zillow itself states their values are not appraisals and should not be used for valuation purposes. They recently admitted their AVMs are highly inaccurate when they closed down their ibuying department because they over valued homes they bought and had to sell them for less than what they paid. All Appraisers know the "a" in "Zillow" stands for "accuracy."

Perhaps the next time you do a segment on Appraisers and appraisals you should interview a local experienced Appraiser instead of just relying on inaccurate information on the internet. You are helping others promote the false narrative of the "racist white Appraiser." The four main articles about "racist Appraisers" have been debunked yet they are still promoted. I researched and wrote articles about those cases which are in the blog above.

Sincerely,
Mary Cummins
http://www.marycummins.com 
http://www.facebook.com/cumminsrealestateservices 

Mark Alston was quoted in the article but not the video, "Mark Alston said the report will be an "invaluable tool in trying to offset the damage done by the wealth stripping activity of undervalued appraisals in communities of color and especially in Black neighborhoods." 

There has been no "wealth stripping" of anyone except the Native Americans who owned this land originally. Appraisers appraise homes based on what similar homes in the same area have sold for. That is the law. We don't use the price of sold homes in Beverly Hills to appraise homes in South Los Angeles and vice versa. That is a federal regulation to use the most similar sold home comparables. 

There is a confirmed correlation between people of color and lower incomes. It's also a fact that women earn less than men doing the same job. Women of color earn even less than men of color or whites. People who make less money have less money. They tend to buy homes which cost less because that is what they can afford. For this reason there is a correlation between POC and lower priced homes.They also own cars that cost less money than white people especially white men. That does not mean that wealth has been "stripped" from them. If people want to close the wealth gap, they need to close the income gap. Help these people make more money. Don't go blaming real estate appraisers for appraising their homes for less than homes in more expensive areas. Remember, the three main factors in home valuation are location, location, location.

Mark Alston is the President of NAREB which is the "National Association of Real Estate Brokers, Inc. (NAREB) was founded in Tampa, Florida, in 1947 as an equal opportunity and civil rights advocacy organization for African American real estate professionals, consumers, and communities in America." That is where Alston is coming from in this article. 

http://www.Facebook.com/abc7robhayes

http://www.Twitter.com/abc7robhayes

http://www.Instagram.com/abc7robhayes

@itslisarice @natfairhouse

Mary Cummins of Cummins Real Estate is a certified residential licensed appraiser in Los Angeles, California. Mary Cummins is licensed by the California Bureau of Real Estate appraisers and has over 35 years of experience.


Mary Cummins, Mary K. Cummins, Mary Katherine Cummins, Mary, Cummins, #marycummins #animaladvocates #losangeles #california #wildlife #wildliferehabilitation #wildliferehabilitator #realestate #realestateappraiser #realestateappraisal #lawsuit real estate, appraiser, appraisal, instructor, teacher, Los Angeles, Santa Monica, Beverly Hills, Pasadena, Brentwood, Bel Air, California, licensed, permitted, certified, single family, condo, condominium, pud, hud, fannie mae, freddie mac, fha, uspap, certified, residential, certified resident, apartment building, multi-family, commercial, industrial, expert witness, civil, criminal, orea, dre, brea insurance, bonded, experienced, bilingual, spanish, english, form, 1004, 2055, 1073, land, raw, acreage, vacant, insurance, cost, income approach, market analysis, comparative, theory, appraisal theory, cost approach, sales, matched pairs, plot, plat, map, diagram, photo, photographs, photography, rear, front, street, subject, comparable, sold, listed, active, pending, expired, cancelled, listing, mls, multiple listing service, claw, themls, historical appraisal, facebook, linkedin DISCLAIMER: https://mary--cummins.blogspot.com/p/disclaimer-privacy-policy-for-blogs-by.html

Saturday, January 22, 2022

Mary Cummins 38th Year Work Anniversary as Real Estate Appraiser in Los Angeles, California

mary cummins, real estate appraiser, real estate appraisal, los angeles, california, work anniversary, 38 years, appraiser, appraisal, real estate, linkedin, facebook, marycummins.com


I started getting a lot of "Congratulations on your work anniversary!" messages on LinkedIn. I didn't realize that I've been a real estate appraiser in Los Angeles, California since 1984. I actually started in 1983 so it's almost 39 years. Time sure does fly when you're doing something you love. I still love real estate, homes, architecture, building design and numbers. I look forward to many more years in the industry.

Mary Cummins of Cummins Real Estate is a certified residential licensed appraiser in Los Angeles, California. Mary Cummins is licensed by the California Bureau of Real Estate appraisers and has over 35 years of experience.


Mary Cummins, Mary K. Cummins, Mary Katherine Cummins, Mary, Cummins, #marycummins #animaladvocates #losangeles #california #wildlife #wildliferehabilitation #wildliferehabilitator #realestate #realestateappraiser #realestateappraisal #lawsuit real estate, appraiser, appraisal, instructor, teacher, Los Angeles, Santa Monica, Beverly Hills, Pasadena, Brentwood, Bel Air, California, licensed, permitted, certified, single family, condo, condominium, pud, hud, fannie mae, freddie mac, fha, uspap, certified, residential, certified resident, apartment building, multi-family, commercial, industrial, expert witness, civil, criminal, orea, dre, brea insurance, bonded, experienced, bilingual, spanish, english, form, 1004, 2055, 1073, land, raw, acreage, vacant, insurance, cost, income approach, market analysis, comparative, theory, appraisal theory, cost approach, sales, matched pairs, plot, plat, map, diagram, photo, photographs, photography, rear, front, street, subject, comparable, sold, listed, active, pending, expired, cancelled, listing, mls, multiple listing service, claw, themls, historical appraisal, facebook, linkedin DISCLAIMER: https://mary--cummins.blogspot.com/p/disclaimer-privacy-policy-for-blogs-by.html

Wednesday, January 19, 2022

Identifying Bias and Barriers, Promoting Equity: An Analysis of the USPAP Standards and Appraiser Qualifications Criteria.

Identifying Bias and Barriers, Promoting Equity: An Analysis of the USPAP Standards and Appraiser Qualifications Criteria. Jim Park, James Park, ASC, Mary Cummins, real estate appraiser, real estate appraisal, los angeles, california, license, certified, residential, pave task force, trainee, requirements

UPDATE: The Fair Housing Alliance just stated they prepared the report with their partners. "The federally-funded report produced by the National Fair Housing Alliance and its partners raises serious concerns about the standards and criteria related to the appraisal of residential real estate, which often represents a family’s largest asset." IWoodruff@nationalfairhousing.org

How does one go about getting a federal government grant to write an "independent study" which uses false and misleading data to promote their organization's agenda? Must be nice. 

https://nationalfairhousing.org/groundbreaking-report-identifies-bias-and-systemic-barriers-in-real-estate-appraisals

ORIGINAL: Jim Park of the Appraisal Subcommittee (ASC) just released a press release which states,"Findings Released in Independent Study on Real Estate Appraisal Standards and Appraiser Qualifications Funded Through a Cooperative Agreement Between the Appraisal Subcommittee (ASC) and the Council on Licensure, Enforcement and Regulation (CLEAR) report titled "Identifying Bias and Barriers, Promoting Equity: An Analysis of the USPAP Standards and Appraiser Qualifications Criteria." 

It's an 84 page pdf. I assume this will be part of the PAVE Task Force report due February 2022? Send comments to jim@asc.gov 

https://www.asc.gov/Documents/OtherCorrespondence/2022-01-14%20NFHA%20et%20al_Analysis.pdf

The National Fair Housing Association, Fair Housing Advocates of Northern California, Fair Housing Center of Central Indiana, Andre Perry contributed to this report. They promoted the false narrative of alleged appraisal bias in the case of Paul Austin, Tenisha Tate in Marin, California besides a few others. Andre Perry has been peddling his non-peer reviewed, non-published false research to sell his books. I'm glad that Christensen Law and Peter Christensen also contributed to this report. Christensen understands real estate appraisal, regulations and the law. It doesn't look like he was allowed to contribute much at all.

I won't go over the entire report in great detail though I will note a few things.

Pg 5, paragraph 2, "Until recently, however, the appraisal industry seems to have escaped the type of regulation and scrutiny faced by other participants in the mortgage market. Our analysis finds that the appraisal industry has operated in a relatively closed, self-regulated framework."

Real estate appraisers are extremely regulated. We are more regulated than loan agents, real estate agents/brokers and others in the mortgage market. Real estate appraisers (brea.ca.gov) need a college degree, 200 hours of college level classes, 1,500 hours of experience with licensed experienced mentor, must pass exam and background check. Loan agents (nmls.org) only need a 20 hour course, must pass exam and background check. Real estate agents (dre.ca.gov) only need three college level courses, must pass exam and background check. These people act like Appraisers are the ones who made it so difficult to become an Appraiser to keep others out. It was the government who mandated this after falsely blaming Appraisers for the Savings and Loan Crisis, Great Recession and other real estate busts caused by other players in the market including the government.

We are regulated by the federal and state governments and are not "self-regulated." People are under the misconception that the private non-profit the Appraisal Institute (AI) who is supposed to represent Appraisers actually regulates Appraisers. They don't. We're regulated by multiple federal and state government agencies, see this article. Appraisers have to pay to join the AI. If you want to be an AI MAI Appraiser, it will cost you about $15,000 and take a couple of years. Only wealthy appraisers with $15,000 laying around and lots of extra time can afford to join. I'm not a member.

"Recent news stories have presented the shortcomings of the appraisal industry in stark relief, where individual homeowners and researchers have demonstrated that discriminatory bias continues to plague the appraisal industry, undermining value and breaking a key rung on the ladder to the middle class for families of color."

The recent news stories have proven to be false. The real reason people of color own homes which are worth less than the homes of white people is income. POC make less money. Women also make less money as do other groups. Of course they will buy and own homes that cost less. I've written about some of the major cases in the media, see below. 

Cora Robinson, Oakland, California. HUD complaint most likely already dismissed. 

Paul Austin, Tenisha Tate, Marin, California No HUD complaint, lawsuit will most likely be dismissed.

Carlette Duffy, Indianapolis, Indiana HUD complaint most likely already dismissed

Abena Sanders Horton, Alex Horton, Jacksonville, Florida New FOIA request. No info yet. 

I did FOIA requests for all of the above cases. Only three actually filed complaints. I believe two complaints have already been dismissed. I'm just trying to get a hold of the final report which they will not release unless I get a signed and notarized form signed by the complainant which states their full name, date of birth, country of origin, nationality, home address ... stating they agree to the report being released. I'm obviously appealing the FOIA case because that is ridiculous. I think they are withholding the reports because of the PAVE report coming out. These people publicly posted their complaints with their information online and in national press releases. The cases appear to be over per FOIA. If they won, they would have released another national press release and more media articles. This is why HUD doesn't release cases where no discrimination was found. They try to blame it on FOIA regulations which is false. Asking for the "country of origin" of the complainant seems discriminatory. I don't need or want to know that. It has nothing to do with the complaint.

From the Outline.

The report suggests Appraisers need more training on Fair Housing. We already have lots of repetitive training on Fair Housing to get your license and renew it every two years. That is not an issue.

Duty of Care, pg 11. They suggest adding the borrower as an "intended user" of the lenders appraisal report to increase accountability to the borrower. No much for appraisal independence and undue influence. Then the lender who ordered the appraisal will also be liable to the borrower. I see great push back on this issue. The purpose of the appraisal is to secure the loan for the bank and anyone who buys the loan or mortgage backed securities based on the loan. The borrower doesn't have to get a loan. A private loan is not a right but a privilege. The borrower can hire their own appraiser to do their own appraisal. Then they can be the intended user of that report.

"To increase the accountability of appraisers to borrowers who have been injured by appraisal negligence, the Appraisal Standards Board should consider amending the USPAP Standards to require appraisers to identify mortgage borrowers as “intended users” of appraisals prepared in relation to residential mortgage transactions."

Part I, Background, A, Bias in the Industry, "Redlining."

Adding race, nation of origin to the map data was dead wrong. Most of the other loan risk factors in the maps were based on many other factors besides race and nation of origin. The main factors were income and wealth of inhabitants. If you removed race and nation or origin from the data which they did, the risk stayed the same. These are the same risk factors we use today for credit scores. There is/was a correlation between POC and income. People with less income, less money live in areas with lower priced housing because that is what they can afford. These properties are more likely to be older, less well maintained, near industrial property and other less desirable features. That's why they were cheaper. When people have very little money, it's easy for them to not be able to make loan payments if they suffer one emergency. The solution to this problem is the same, increase the income of POC and others. More income, less risk. 

"Discrimination in Appraisals Continues on an Individual and Systemic Basis," pg 17.

They mention some of the alleged discrimination cases in the media. They don't bother to do any investigation into the cases to determine if there was indeed any discrimination. They don't post the results of the HUD complaints two of which were most likely already dismissed. Instead they link to press releases and false and misleading news articles. I will check out the Colorado and Connecticut cases.

"Discrimination in Appraisals Exists on a Systemic Basis," pg 18.

They mention the Freddie Mac research on Appraisal Gap. I wrote an article here which explains Appraisal Gap. You are more likely to have appraisal gap in areas which are revitalizing and quickly appreciating due to the historical nature of appraisal reports. Areas which are revitalizing are more likely to have POC. That is the correlation. At least they do note that the effect was shown across the nation and across appraisers. This shows it was not individual appraiser bias. 

They mention FHFA report on keywords found in appraisal reports, pg 19.

FHFA stated they searched millions of reports for what they feel are discriminatory words and found thousands had words which could be considered discriminatory. Just to get a ballpark figure here, 1,000/1,000,000 = .001 or .1% of reports. They did not review the reports and find the values were low or not market value. 

I agree that no one should have discriminatory language in the report. I disagree with the word "gentrification." I don't use it because it's not accurate.The proper term is revitalization. Still, it has nothing to do with race but money. Socioeconomic classes aren't protected. Lenders can discriminate based on money. FHFA itself uses the word all of the time as do other government agencies. Is it only discriminatory if an appraiser uses it?

Andre Perry's misleading report, pg 19. This report has been debunked here. It's not peer reviewed or published research. If you read Andre Perry's book, he is biased against certain people. He admits it. He also has an agenda to sell books.

Pg 19, "Howell/Korver-Glenn. A 2020 study of American Community Survey homeowners’ estimates from 1980 to 2015 found that neighborhood racial composition was an even stronger determinant of a home’s value in 2015 than it was in 1980."

That's because there is still a strong correlation between income and POC. The government and others haven't done anything about this. POC make less money. For this reason they buy and own homes in less expensive areas. They also own less expensive cars. Is that also the fault of real estate appraisers? FTR all the values came from inaccurate Zillow. Zillow has stated their values are not appraisals or accurate. Appraisers did not contribute the values in Andre Perry's paper or the other research so you can't blame appraisers.

Pg 22, They basically state the Sales Comparison Approach is biased because it's based on the sale prices of similar homes in the same area. Everyone knows the main three factors of home valuation are location, location, location. Should we use comps in Beverly Hills to appraise a home in South Los Angeles? No. Even if an Appraiser appraises a $100,000 home for $200,000, it doesn't affect the market value. The home is not worth $200,000. 

Pg 22, This is utter nonsense to cite in a government report!  In the book "Race Brokers, Dr. Korver-Glenn details the results of interviews with appraisers, including appraisers of color, regarding the steps they use to value a home based on their interpretation of the sales comparison approach.27 Many of  the appraisers in the study “assumed that White buyers were the standard for determining an area’s desirability, with White areas meeting this standard and receiving the highest values and non-White areas falling below the standard.“

Who the hell did this person interview?! Did they not interview appraisers in low income white areas like Florida, Virginia, California...every state in the nation? The sales comparison approach will show you the area's desirability based on money. It has nothing to do with color but income. AVMs, Appraisers don't see the occupants. We don't know the races of the people. There is no race reference in the data we research. 

Pg 24, "Appraisal Discrimination Is One of the Key Drivers of Today’s Wealth Gap." No, income gap is the main driver of the wealth gap! If you make less money, you have less money, buy and own a less expensive home. This discriminatory language should have never been allowed in a government report. People who complain about discrimination discriminating against others again. If the tables were turned, these people would be screaming bloody murder. 

Pg 24, "Appraisals Can Also Raise the Unique Challenge of Overvaluation." After the great recession everyone lost home equity. It affected poor people with subprime loans even more because the loose lending regulations by the government caused these people to have mortgages they could not afford. They lost their homes. If they met proper income, savings requirements, they would have been able to afford to pay their mortgage even though they were upside down like everyone else. If they weren't less wealthy, they would have had money to weather an emergency. 

Pg 26, "The Appraiser Workforce Suffers from a Lack of Diversity." Appraisers are just about as diverse as real estate agents, loan agents yet no one complains about them. They don't complain because agents can't kill deals with low appraisals but appraisers can. Here is an article I wrote about race and appraisers. That said I'd love to see race of appraisers match the nation. We need more diverse appraisers. The race of appraisers won't affect values because it's based on math and numbers. 

Part II. 

C. Governance of Appraisal Industry.

They bring up the fact that the Appraisal Institute is a private organization not part of the government, and doesn't legally have to abide by all government regulations. They suggest investigating the relationship between AI and the government. In the meantime they suggest AI add more diverse board members including consumers and civil rights people. In light of who actually made the report they basically want their own people on the board to control the AI. They said nothing about race, gender ... diversity. Here is their white board. Leadership is also 100% white. Six of 29 board members are women. I think they're all Appraisers. They should have others on the board. The government should keep in mind that the AI must follow their non-profit mission statement. Their mission is not to promote the government but appraisers and the industry. I didn't realize that people have to pay to appoint a trustee. That's ridiculous. AI should offer USPAP to anyone for free. Most of the other recommendations are already being done. 

D. Gaps in Fair Housing Requirements and Training

"As described above, the evidence clearly shows that the current appraisal system can result in biased valuations, both at the individual and neighborhood level. The causes of such bias are varied and complex."

I disagree that evidence has shown bias in the current system.  The Market Comparison Approach to value shows the market value. It's based on willing sellers and buyers. If someone wants to pay $200,000  for a $100,000 home in South Los Angeles, they can do that with a huge down payment but they won't because it doesn't make sense. The property won't be worth $200,000 except for property tax purposes. They can only sell it for $100,000. They lost $100,000. 

I also doubt that appraisers are not getting enough training in fair housing and discrimination. We take many classes to get our license and more classes every two years to keep our licenses. I don't know any appraiser who does not realize it's not legal to discriminate. If they want to add "shall" and "must" to USPAP, fine by me. I'm also fine with education changes as long as there aren't more hours and are just more hours on fair housing.

E. Barriers to Entry into the Appraisal Profession

I agree with some of these issues and suggestions though not all. They suggest reviewing any possible barriers to entry. Let's just make sure the bar is not so low that anyone can become an appraiser. You need to be a math, numbers person who can physically measure a building, climb a ladder, get into a crawl space, visually see construction material, hear a fan... They need some hands-on training. You wouldn't want a medical surgeon to just pass a written test then start cracking people open with a bone saw.

They suggest reducing license types to certified and general only getting rid of trainee.They suggest getting rid of college education requirement and possibly reducing the number of education hours needed. They suggest having an application based class so they can learn how to do an appraisal and getting rid of experience hours. If they do that, lenders will just make sure they only request appraisals from appraisers with so many years of experience. Those new people won't get work. They suggest reviewing the tests to make sure they are fair. I passed the appraisal exam for certified residential first time within an hour after a major car accident (uninsured motorist totaled my car) where I broke both wrists and got a concussion. I didn't go to the hospital until later because I was not going to lose my $750 test fee. I agree that some questions were worded poorly but just choose the best answer. The test was easier than high school exams. I would hope at least a GED or High School diploma would be needed. Don't set people up for failure. Make sure they can do the job or they won't get work.

They suggest AI and others try to recruit more women and people of color. I'm a Latino female. I contacted AI about supposed scholarships they offer. They said I have to pay to join AI just to apply for the scholarship! They dangle a scholarship to get money from new memberships. No thanks. 

One worry here is that the big rush of appraisals is over. We don't need new appraisers right now. I fear people will pay to become appraisers and lenders will not use newbie appraisers. That would be cruel to do to people.

F. Compliance and Enforcement p. 71

They talk about using data to determine if there is discrimination in appraisals. They talk about releasing report results. They won't release negative results of HUD complaints because complainant of course won't agree. You will only hear about cases where there was discrimination or someone agreed to a non-guilty statement just to end the case due to legal costs. They need to release ALL of the HUD complaints and investigation results.This is why the false narrative has continued. HUD did state most cases are dismissed but that's it. HUD also said most discrimination complaints based on disability and not color or race. 

They talked about maybe using another method of determine value. Lenders won't agree to cost or income approach as they don't reflect market value. Lender needs to know what they can sell the property before if the borrower doesn't make the payments. They talk about getting rid of the free form text parts of the appraisal. Okay! Less work for appraisers though they may no longer comply with USPAP without text explanations.

Pg 77, Reconsideration of Value

There should be standards in the ROV process. I believe there already are but I'm fine with it being more defined. Maybe there should be a fee paid by the lender. Sometimes an appraiser can be given seven new comps to consider. If you have to drive and see them all then put them all in the grid and then explain why they can or cannot be used, that's a complete new appraisal if not more work.

Conclusion

Overall I disagree with the message and tone of the report. The report is discriminatory, biased and defamatory against appraisers as a whole and as an industry. There is no independent research which shows appraisal bias and discrimination. They mention anecdotal media cases about alleged bias and discrimination as if they were facts. HUD won't release the final investigation reports of two cases which I believe have been dismissed because the complainants don't want them released. They refer to Andre Perry's paper as if it were peer review published research when it's just the false basis of his misleading book which he's selling. I'm okay with the basic recommendations which are to take a closer look at some issues. I agree with some of the suggestions to make becoming an appraiser easier. 

Below is the Table of Contents with page numbers. 

Table of Contents

Acknowledgments 3

Executive Summary 5

Part I: Background 13

A. The Problem of Bias in the Appraisal Industry 13

• The Appraisal System Historically Undervalued Homes in Communities of

Color

13

• Appraisal Policies Perpetuated an Unfounded Association Between Race and

Risk

15

• Discrimination in Appraisals Continues on an Individual and Systemic Basis 17

• Appraisal Discrimination Is One of the Key Drivers of Today’s Wealth Gap 24

• Appraisals Can Also Raise the Unique Challenge of Overvaluation 25

• The Appraiser Workforce Suffers from a Lack of Diversity 26

B. Civil Rights Laws and Regulations Applicable to the Appraisal

Industry

27

• The Fair Housing Act and the HUD Regulation 27

• The Equal Credit Opportunity Act and the CFPB’s Regulation B 28

• The Civil Rights Act of 1866 29

• State Laws and Prohibited Bases 29

• Theories of Proof 30

• Increase in Appraisal Discrimination Enforcement 33

Part II: Analysis and Recommendations 34

C. Questions about the Governance of the Appraisal Industry 34

• Overview of the Appraisal Regulatory Structure 34

• The Appraisal Foundation’s Legal Authority is Not Clear 35

• The Appointments and Elections Processes Would Benefit from Inclusion of

Viewpoints that Represent Consumers, Including Consumers of Color

40

• The Rules of Procedures and Exposure Draft Process Would Benefit from

Greater Transparency and Inclusion of Viewpoints that Represent Consumers,

Including Consumers of Color

44

2

D. Gaps in Fair Housing Requirements and Training 48

• Lack of a Clear Prohibition of Discriminatory Conduct 48

• Lack of Guidance on the Use of Discretion 52

• Lack of Clear Fair Housing Training Requirements 56

• Lack of Effective Fair Housing Training 58

E. Barriers to Entry into the Appraisal Profession 64

• Multiple Levels of Licensing and Certification 64

• College Degree Requirements 66

• Appraisal Education Hours 66

• Experience Hours 66

• Standardized Tests 68

• Concern: Pipeline of Trainees and the Future of the Profession 69

F. Compliance and Enforcement 71

• Need for Data 71

• Development of Robust Compliance Management Systems 72

• Duty of Care: Appraiser Accountability 75

• Reconsideration of Value Process 77

G. Conclusion 80

H. Glossary of Acronyms 81

I. Appendix I – Authors’ Summary Biographies 82

Mary Cummins of Cummins Real Estate is a certified residential licensed appraiser in Los Angeles, California. Mary Cummins is licensed by the California Bureau of Real Estate appraisers and has over 35 years of experience.


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