DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. Division of Real Estate Instructor Seminar 2013

Similar documents
RULES OF TENNESSEE REAL ESTATE APPRAISER COMMISSION CHAPTER GENERAL PROVISIONS TABLE OF CONTENTS

RULES OF TENNESSEE REAL ESTATE APPRAISER COMMISSION CHAPTER GENERAL PROVISIONS TABLE OF CONTENTS

Appraiser Classifications and Their Education, Examination, and Experience Requirements. (1)(a) State Trainee appraiser classification In

AUDIT TEMPLATE for AMC Compliance with Appraiser Independence Requirements 15 U.S.C. 1639e

ENROLLED HOUSE BILL No. 4975

Maryland Real Estate Appraiser Education Requirements

APPRAISAL MANAGEMENT COMPANY

TITLE DEPARTMENT OF BUSINESS REGULATION

KRS 324A A.150 Definitions for KRS 324A.150 to 324A.164. Effective: June 25, 2013

Module Seven. Student Learning Objectives. After completing this module you should be able to

CHAPTER APPRAISAL MANAGEMENT COMPANIES

Appraiser Classifications and Their Education, Examination, and Experience Requirements.

Register, 2015 PROFESSIONAL REGULATIONS. Chapter 70. Board of Certified Real Estate Appraisers.

Ala.Code A A-1. Short title.

COMMERCIAL LICENSING REGULATION 10 REAL ESTATE APPRAISERS TABLE OF CONTENTS. Commercial Licensing Regulation 10 Real Estate Appraisers SECTION 19

H 5620 SUBSTITUTE A ======== LC001745/SUB A ======== S T A T E O F R H O D E I S L A N D

--_::~~~~1~~~~:~~bertson Par~~;Nashvllle, ~N-3~43.

S 0543 S T A T E O F R H O D E I S L A N D

Arkansas. Appraiser Licensing and Certification Board. Appraisal Management Company Statutes. Subchapter 1 General Provisions

APPRAISER / APPRAISALS NORTH DAKOTA BANKERS ASSOCIATION 65 TH LEGISLATIVE SESSION

NORTH DAKOTA REAL ESTATE APPRAISER QUALIFICATIONS & ETHICS BOARD Received : PO Box 1336 Bismarck, ND Telephone/Fax: (701)

THE REAL PROPERTY APPRAISER QUALIFICATION CRITERIA

THE REAL PROPERTY APPRAISER QUALIFICATION CRITERIA AND INTERPRETATIONS OF THE CRITERIA. Effective May 1, 2018

THE REAL PROPERTY APPRAISER QUALIFICATION CRITERIA

Announcement SEL October 15, 2010

ALABAMA REAL ESTATE APPRAISERS BOARD ADMINISTRATIVE CODE CHAPTER 780-X-17 APPRAISAL MANAGEMENT COMPANY TABLE OF CONTENTS

Title 32: PROFESSIONS AND OCCUPATIONS

New Appraisal Requirements Practical Advice on Compliance

APPLICATION CHECKLIST - IMPORTANT - Submit all items on the checklist below with your application to ensure faster processing.

HOUSE BILL (1lr2873) ENROLLED BILL Economic Matters/Finance Introduced by Delegate Braveboy Delegates Braveboy and Stifler

Appraiser Independence Requirements (AIR) Policy

APPLICATION CHECKLIST IMPORTANT Submit all items on the checklist below with your application to ensure faster processing. APPLICATION REQUIREMENTS

AMC Track Presentation Austin Christensen Founder & CCO - Validox. Appraisal Manager Compliance Techniques

P.L.2017, CHAPTER 72, approved May 11, 2017 Assembly Committee Substitute (First Reprint) for Assembly, No.1973

History: By Date Action Description Jt. Res. No. Expiration Date - 10/26/2018 Proposed Reg Published in SR

Fifth Exposure Draft of a Proposed Revision to the Real Property Appraiser Qualification Criteria and Guide Note 9 (GN-9)

PART 8. TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD

An Update on the Activities of The Appraisal Foundation

VMG will notify in writing appraiser that is considered for removal from the panel, detailing their offenses and allowing them 10 days to respond.

Collateral Risk Network Review Panel Discussion

APPLICATION CHECKLIST - IMPORTANT - Submit all items on the checklist below with your application to ensure faster processing.

TRUTH IN LENDING ACT - APPRAISER INDEPENDENCE REQUIREMENTS (TILA-AIR)

Wyoming Certified Real Estate Appraiser Board

T HE REAL PROPERTY APPRAISER

NORTH CAROLINA ADMINISTRATIVE CODE TITLE 21 CHAPTER 57 SUBCHAPTER 57A REGISTRATION, CERTIFICATION AND PRACTICE

CHAPTER 72. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

Appraiser Qualifications Board. Real Property Appraiser Qualification Criteria Interpretation Changing a Credential

APPLICATION CHECKLIST IMPORTANT Submit all items on the checklist below with your application to ensure faster processing. APPLICATION REQUIREMENTS

By Reciprocity (Currently Licensed/Certified in another jurisdiction)

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 2501

2009 SESSION (75th) A AB Assembly Amendment to Assembly Bill No. 287 (BDR ) Proposed by: Assembly Committee on Commerce and Labor

1.4 Examination: The examination(s) developed or contracted for by the Board and issued or approved by the AQB.

TITLE 73. PROFESSIONS AND VOCATIONS CHAPTER 34. REAL ESTATE APPRAISERS REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT

State of Arkansas. Appraiser Licensing and Certification Board Rules and Regulations. Effective September 18, 2017

Chapter 10: Appraiser Regulation

"Appraisal Management Company Registration and Regulation Act."

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

Referred to Committee on Commerce and Labor. SUMMARY Revises provisions governing appraisers and appraisal management companies.

Chapter 10: Appraiser Regulation

An Update on the Activities of The Appraiser Qualifications Board

A Bill Regular Session, 2017 HOUSE BILL 1730

A GUIDE FOR U NDERSTANDING THE 2008 REAL P ROPERTY A PPRAISER Q UALIFICATION C RITERIA VERSION 6

Regulation 16A-7015 amends 49 Pa. Code, Chapter 36.

CHAPTER 51-A. APPRAISAL MANAGEMENT COMPANY LICENSING AND REGULATION ACT

ALABAMA REAL ESTATE APPRAISERS BOARD ADMINISTRATIVE CODE CHAPTER 780-X-3 APPLICATIONS FOR LICENSURE AND CERTIFICATION TABLE OF CONTENTS

ARKANSAS APPRAISER LICENSING & CERTIFICATION BOARD

21 NCAC 57A.0204 is proposed for amendment as follows: 21 NCAC 57A.0204 CONTINUING EDUCATION (a) All registered trainees, real estate appraiser

T HE R EAL P ROPERTY A PPRAISER Q UALIFICATION C RITERIA

NORTH DAKOTA REAL ESTATE APPRAISER QUALIFICATIONS AND ETHICS BOARD

The Appraisal Foundation

CHAPTER Committee Substitute for House Bill No. 489

S 0168 S T A T E O F R H O D E I S L A N D

H 7478 S T A T E O F R H O D E I S L A N D

TRAINEE APPRAISER REQUIREMENTS Please make sure to include all required documentation. Incomplete submissions will be returned.

CODE OF MIAMI-DADE COUNTY, FLORIDA CHAPTER 8- BUILDING CODE ARTICLE II. - BUILDING INSPECTORS, PLANS EXAMINERS, BUILDING OFFICIALS, CHIEF INSPECTORS

NORTH DAKOTA REAL ESTATE APPRAISER QUALIFICATIONS AND ETHICS BOARD PO Box 1336 Bismarck ND Telephone & Fax: (701)


SENATE BILL lr1188 A BILL ENTITLED. Real Estate Appraisal Management Companies Registration and Regulation

* FOR OFFICE USE ONLY File Number: Profession 1504; Initial Application 1010

January 29, Florida Real Estate Appraisal Board 400 West Robinson Street, N801 Orlando, FL 32801

APPLICATION INFORMATION FOR REAL ESTATE SALES ASSOCIATES AND BROKERS

2008 Fall Newsletter. Kansas Real Estate Appraisal Board AARO ISSUES PRESS RELEASE

SC REAL ESTATE COMMISSION.

South Dakota Department t of Labor and Regulation Appraiser Certification Program

Broker. Becoming A Licensed Real Estate Broker. Chapter 1. Copyright Gold Coast Schools 1

APPLICATION FOR APPRAISAL LICENSE/CERTIFICATION

Vol. 4, No. 1 June 2012

Interagency Guidelines Web seminar, February 10, 2011

Vermont Real Estate Appraiser Application by Examination

R162. Commerce, Real Estate. R162-2e. Appraisal Management Company Administrative Rules. R162-2e-101. Title. R162-2e-102. Definitions.

IC Chapter 11. Appraisal Management Companies

Effective collateral valuation

This is not a reciprocal license application. (Type or Print in Ink)

Indiana Commercial Board of REALTORS

New Appraisal Requirements Affect Lenders and AMCs

An Update on the Activities of The Appraisal Foundation

Board of Governors of the Federal Reserve System. SUMMARY: The Board is publishing for public comment an interim final rule amending

CHAPTER 2: REQUIREMENTS FOR LICENSURE AS A REAL ESTATE APPRAISER

The Dodd-Frank Wall Street Reform and Consumer Protection Act. The Appraisal-Related Impact of the Dodd-Frank Act

Transcription:

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Division of Real Estate Instructor Seminar 2013

BY THE NUMBERS

TOTAL APPRAISAL LICENSEES FLORIDA 2012 2013

HOW DOES FLORIDA COMPARE? States with the biggest numbers of licensees State Number of Licensees California 13,005 Florida 6,752 Texas 5,547 New York 4,453 Illinois 4,316

COMPLAINTS Must be resolved within 1 year Mandatory reporting from Dodd Frank, Section 1472: Any mortgage lender, mortgage broker, mortgage banker, real estate broker, appraisal management company, employee of an appraisal management company, or any other person involved in a real estate transaction involving an appraisal in connection with a consumer credit transaction secured by the principal dwelling of a consumer who has a reasonable basis to believe an appraiser is failing to comply with USPAP, is violating applicable laws, or is otherwise engaging in unethical or unprofessional conduct, shall refer the matter to the applicable State appraiser certifying and licensing agency.

COMPLAINTS FLORIDA How many FREAB complaints received?

COMPLAINTS FLORIDA How many FREAB complaints sent to investigations?

COMPLAINTS FLORIDA How does Florida compare with other states? During years 1991 2012 State Total Discipline Revocations Florida 1,965 220 Indiana 1,587 149 Texas 998 93 Georgia 931 310 Oklahoma 823 398

FEDERAL OVERSIGHT TOPICS

ASC HOTLINE Dodd Frank section 1473(p) requires: If 6 months after the date of the enactment of this subsection, the Appraisal Subcommittee determines that no national hotline exists to receive complaints of non compliance with appraisal independence standards and Uniform Standards of Professional Appraisal Practice, the Appraisal Subcommittee shall establish and operate such a national hotline

ASC HOTLINE Dodd Frank section 1473(p) requires: the Appraisal Subcommittee shall refer complaints for further action to appropriate governmental bodies, including a State appraiser certifying and licensing agency, a financial institution regulator, or other appropriate legal authorities

ASC HOTLINE Email Call Center Website REFERMYAPPRAI SALCOMPLAINT. ASC.GOV

ASC HOTLINE AARO Conference ASC Presentation on 4/27/2013 The Hotline: 272 calls including one complaint to your momma topics: appraisal independence and USPAP States with the most referrals: California Kentucky Alabama Florida Ohio

APPRAISAL INDEPENDENCE Defined through federal law: Dodd Frank Section 1472: It shall be unlawful, in extending credit or in providing any services for a consumer credit transaction secured by the principal dwelling of the consumer, to engage in any act or practice that violates appraisal independence as described in or pursuant to regulations prescribed under this section.

APPRAISAL INDEPENDENCE Defined through federal law: Dodd Frank examples of violations Any person with an interest in the transaction trying, in any way, to influence the appraised value or have it based on anything other than the appraiser s independent judgment Mischaracterizing or allowing the mischaracterization of the appraised value of a property Influencing the appraiser to reach a target value for the subject property Withholding or threatening to withhold payment for an appraisal See also Interim Final Rule, October 28, 2010

APPRAISAL INDEPENDENCE Defined through federal law: Dodd Frank EXCEPTIONS of violations Banks and others with an interest in the transaction can still ask the appraiser to: Consider additional information about the subject property or to consider additional comparables Provide more support and/or explanation Correct errors in the appraisal report

APPRAISAL INDEPENDENCE Defined through Florida law: Discipline of AMC s Section 475.6245(1)(s) Influence or attempted to influence the development, reporting or review through coercion, extortion, collusion, compensation, inducement, intimidation, bribery, or any other means, including but not limited to: Withholding or threatening to withhold future business Conditioning a request for services or the payment of an appraiser s fee upon the valuation to be reached Any other act or practice that impairs or attempts to impair an appraiser s independence, objectivity or impartiality

POLICY STATEMENT CHANGES Statement 3: registry privacy features / timeframe Statement 5: reciprocity in place by July 1, 2013 Statement 6: education consistent with AQB Statement 8: interim sanctions / state rating system

RECIPROCITY Dodd Frank 1122 of FIRREA is amended: Notwithstanding any other provisions of this title, a federally related transaction shall not be appraised by a certified or licensed appraiser unless the State appraiser certifying or licensing agency of the State certifying or licensing such appraiser has in place a policy of issuing a reciprocal certification or license for an individual from another State when (1) the appraiser licensing and certification program of such other State is in compliance with the provisions of this title; and (2) the appraiser holds a valid certification from a State whose requirements for certification or licensing meet or exceed the licensure standards established by the State where an individual seeks appraisal licensure.

RECIPROCITY

AQB COMPLIANCE On December 9, 2011, the Appraiser Qualifications Board of The Appraisal Foundation adopted changes to the Real Property Appraiser Qualification Criteria that will become effective January 1, 2015. These changes represent minimum national requirements that each state must implement no later than January 1, 2015. www.appraisalfoundation.org

AQB COMPLIANCE Background checks All candidates for a real property appraiser credential must undergo background screening. State appraiser regulatory agencies are strongly encouraged to perform background checks on existing credential holders as well. This specific language will bar any applicant from certification who has, within the 5 years immediately preceding application, pled guilty or no contest to, or been found guilty of a felony, ever pled guilty or no contest to, or been convicted of a felony involving fraud, dishonesty, breach of trust, or money laundering; or within 5 years preceding certification had an appraiser license or certification revoked.

AQB COMPLIANCE Education Credit towards qualifying education requirements may be obtained via the completion of a degree program in Real Estate from an accredited degreegranting college or university provided the college or university has had its curriculum reviewed and approved by the AQB. Florida: HB667

AQB COMPLIANCE NO MORE IN LIEU Classification Current AQB 1/1/2015 Licensed None 30 semester credit hours of college level education from an accredited college, junior college, community college, or university OR an Associate s degree or higher (in any field). Certified Residential 21 semester credit hours in specified collegiate subject matter courses from an accredited college or university OR an Associate s degree or higher. Bachelor s degree or higher (in any field) from an accredited college or university. Certified General 30 semester credit hours in specific collegiate subject matter courses from an accredited college or university OR a Bachelor s degree or higher. Bachelor s degree or higher (in any field) from an accredited college or university.

AQB COMPLIANCE Segmented Approach States had the option to implement the 2008 Criteria via the segmented approach. This implementation option will no longer be valid effective January 1, 2015.

AQB COMPLIANCE Courses Added topics on green building (qualifying and continuing education), seller concessions (qualifying and continuing education) and developing opinions of real property value in appraisals that also include personal property and/or business value (continuing education only).

AQB COMPLIANCE Supervision SUPERVISORY APPRAISER TRAINEE APPRAISER State certified Supervisory Appraiser shall be in good standing with the training jurisdiction and not subject to any disciplinary action within the last three (3) years that affects the Supervisory Appraiser s legal ability to engage in appraisal practice. Shall have been state certified for a minimum of three (3) years prior to being eligible to become a Supervisory Appraiser. All qualifying education must be completed within the five (5) year period prior to the date of submission of an application for a Trainee Appraiser credential. A Supervisory Appraiser may not supervise more than three Trainee Appraisers at one time, unless a state program in the licensing jurisdiction provides to progress monitoring, supervising certified appraiser qualifications, and supervision oversight requirements for Supervisory Appraisers. A Trainee Appraiser is permitted to have more than one Supervisory Appraiser.

AQB COMPLIANCE Supervision *Shared responsibility to ensure the appraisal experience log for the Trainee Appraiser is accurate, current, and complies with the requirements of the Trainee Appraiser s credentialing jurisdiction. *Both the Trainee Appraiser and Supervisory Appraiser shall be required to complete a course that, at a minimum, complies with the specifications for course content established by the AQB. The course will be oriented toward the requirements and responsibilities of Supervisory Appraisers and expectations for Trainee Appraisers. The course must be completed by the Trainee Appraiser prior to obtaining a Trainee Appraiser credential, and completed by the Supervisory Appraiser prior to supervising a Trainee Appraiser.

FLORIDA LEGISLATION 2013

FLORIDA HOUSE BILL 667 Licensed Appraiser Effective: June 7, 2013 Fl. Statute S. 475.615 Effective: January 1, 2014 Removes language from the statutes No longer licensing this category Incorporates AQB mandates from 2011 leading to the 2015 criteria

FLORIDA SENATE BILL 1398

FLORIDA RULE 61J1 4.010 Supervision / Training of Trainee Appraisers Effective: June 3, 2013 Clarifies responsibility role of supervisor Personal inspection with trainee for 12 months Definition of personal inspection Responsibility role clarified for inspection without supervisor Trainee contributions: Named in report Named/time in log

FLORIDA RULE 61J1 4.010 Supervision / Training of Trainee Appraisers Reports: Signature of trainee: not within 12 months Trainee contributions Statement: I, the supervisory appraiser of a registered appraiser trainee who contributed to the development or communication of this appraisal, hereby accepts full and complete responsibility for any work performed by the registered appraiser trainee named in this report as if it were my own work https://www.flrules.org/gateway/ruleno.asp?id=61j1 4.010 then open view rule in Word

FLORIDA RULE 61J1 9.002 Rule Regarding AMC s Effective: June 26, 2013 Placement of registration number Utilize appraisers in good standing Parameters for appraiser to decline assignment Procedures for removal of appraiser from panel Items contained within solicitations for engagement https://www.flrules.org/gateway/ruleno.asp?id=61j1 9.002 open view rule in Word

HOT LEGAL TOPICS Update address with DBPR Keep work files

THANK YOU FOR THE PRIVILEGE Juana Watkins, Director Allison McDonald, Deputy Chief Attorney