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Appraisal Guidelines

AppraisingAmerica Online: FNMA APPRAISAL
GUIDELINES, Federal National Mortgage Association Real Estate Appraisal
Guidelines

XI, Introduction (06/30/02)
This Part -- Property and Appraisal Guidelines -- details our general
requirements for analyzing the property appraisal aspects of
conventional mortgages secured by one- to four-family properties. It
also discusses special considerations for certain types of housing-units
in condominium, PUD, and cooperative projects; manufactured (and other
factory-built) homes; Community Living group homes; mixed-use
properties; properties affected by environmental hazards; urban
properties; affordable housing program properties; properties located in
special assessment or community facilities districts; properties subject
to leasehold interests (including those held by community land trusts);
and energy-efficient properties -- that merit special consideration in
the property and appraisal review. Because the evaluation of a property
is such a vital part of the risk analysis, we expect a lender to place
as much emphasis on underwriting the property and reviewing the
appraisal as it does on underwriting the borrower's creditworthiness.
We require the appraiser to provide complete and accurate reports; to
report neighborhood and property conditions in factual and specific
terms; to be impartial and specific in describing favorable or
unfavorable factors; and to avoid the use of subjective, racial, or
stereotypical terms, phrases, or comments in the appraisal report. The
opinion of market value must represent the appraiser's professional
conclusion, based on market data, logical analysis, and judgment. When
the information or methodology of an appraisal requires additional
clarification or justification, the lender's underwriter must obtain
from the appraiser any information that is necessary to make an informed
decision concerning the property.
We require that the appraiser and the lender follow appropriate
practices in the property valuation and underwriting processes. Our
appraisal standards specifically prohibit the development of a valuation
conclusion that is based on race, color, religion, sex, handicap,
familial status, or national origin. The effectiveness of our property
underwriting guidelines is dependent on the ability of a lender and its
appraisers to avoid the use of potentially discriminatory practices in
the property appraisal and underwriting processes.
We hold the lender responsible for the accuracy of both the appraisal
and its assessment of the marketability of the property; therefore, it
is important for a lender's underwriters to understand their role in the
appraisal process and their relationship to the appraiser.
• The appraiser's role is to provide the lender with an accurate, and
adequately supported, opinion of value and an accurate description of
the property.
• The underwriter's role is to review the appraisal report to assure
that it is of professional quality and is prepared in a way that is
consistent with our appraisal standards, to analyze the property based
on the appraisal, and to judge the property's acceptability as security
for the mortgage requested in view of its value and marketability. [Page
: 1102 06/30/02]
These requirements are intended to provide guidance to an underwriter
and an appraiser about the type of information that is needed to make a
prudent underwriting decision. They are also designed to provide our
minimum acceptable appraisal standards. We recognize that our guidelines
may not address every appraisal problem; therefore, we allow the
appraiser discretion to properly develop the value opinion. The
appraiser must, however, provide sound reasoning in his or her appraisal
report for any decisions he or she makes that are not specifically
covered by our guidelines.
This Part XI consists of four Chapters:
• Chapter 1 -- Appraiser Qualifications -- discusses the lender's
responsibility for selecting appraisers and for reviewing their
appraisals both initially and on an ongoing basis, the use of
supervisory or review appraisers, and our right not only to refuse to
accept appraisals prepared by specific appraisers, but also to refer
unacceptable appraisal reports to the appropriate state appraiser
licensing or regulatory boards for investigation and action.
• Chapter 2 -- Appraisal (or Property Inspection) Documentation --
describes the various appraisal (or property inspection) report forms
that are to be used to document an appraisal (or property inspection)
and any required exhibits to them; discusses requirements related to the
age of an appraisal (or property inspection) report; explains the types
of appraisals needed for new, proposed, and existing construction; and
references the various certifications that an appraiser must make.
• Chapter 3 -- Special Appraisal Considerations -- discusses
considerations that should be given to properties with unusual features,
points out the need for properties to meet specific eligibility criteria
in order for the mortgage to be delivered to us, and explains the
detrimental effect that certain environmental conditions can have on a
property's value.
• Chapter 4 -- Reviewing the Appraisal Report -- discusses the
requirements for analyzing a property and its appraisal.
XI, Chapter 1: Appraiser Qualifications (06/30/02)
[Page : 1103 06/30/02]
It is essential that a lender obtain an independent, disinterested
examination and valuation of the property that secures a mortgage it
intends to sell to us; therefore, the lender must select the appraiser
and order (and receive) the appraisal report for each mortgage
transaction, rather than allowing the borrower or any other party who
has an interest in the transaction (such as the property seller or the
real estate broker) to do so. The lender must not attempt to apply
pressure or otherwise unduly influence the appraiser to reflect certain
results in his or her analysis or reporting. However, this does not mean
that a lender cannot question the appraiser's findings or provide
factual information (such as comparable market data) for further
consideration by the appraiser. This approach will assure that the
appraiser will remain free of any outside influence in the valuation
process.
We do not approve appraisers. Therefore, when selecting an appraiser, a
lender must not give any consideration to an appraiser's representation
that he or she is approved or qualified by Fannie Mae. Because a lender
is solely accountable for the performance of the appraisers it selects,
the lender must take appropriate steps to ensure that an appraiser is
qualified to perform appraisals for the particular types of property and
the property locations that it intends to refer to that appraiser.
If a lender chooses to rely on a specific appraiser or appraisal service
to review the qualifications of -- or even to select -- an individual to
perform appraisals for the lender, the lender should establish
appropriate qualifications to ensure that acceptable individuals are
selected. We recommend that the lender require the appraiser or
appraisal service that makes the selection to assume full responsibility
for the quality of the appraisal. However, imposing this responsibility
on the appraiser or appraisal service will in no way relieve the lender
of its warranties related to the appraisal or the condition of the
property.
XI, 101: Selection of Appraisers (06/30/02)
When evaluating an appraiser's qualifications, a lender should review
the appraiser's education and experience, sample appraisals,
professional affiliations, and references from prior clients and
employers. Professional appraisal designations can be helpful to the
lender in evaluating an appraiser's qualifications, particularly when
the designation is from a nationally recognized organization that has
formal experience, education, and ethics requirements that are strongly
administered. If the lender considers an appraisal designation in its
evaluation, it should be familiar with the appraisal organization's
specific requirements to assure that the designation is evaluated
appropriately. However, federal law prohibits a lender from selecting or
hiring an appraiser based solely on the appraiser's membership in any
particular appraisal organization or from not hiring an appraiser based
solely on his or her lack of membership in any organization. [Page :
1104 06/30/02]
The appraiser must be experienced in appraising the types of properties
that the lender intends to use his or her services for, have access to
the necessary data sources, and be currently active in appraisal work.
Before using an appraiser's services, the lender should be satisfied
that the appraiser has demonstrated the ability to perform quality
appraisals. A lender must not assume that an appraiser is qualified
simply based on his or her membership in, and professional designation
from, an appraisal organization or the fact that he or she is
state-licensed or -certified.
XI, 101.01: Licensing and Certification Requirements (06/30/02)
We require a lender to use appraisers that are state-licensed or
-certified (in accordance with the provisions of Title XI of the
Financial Institutions Reform, Recovery and Enforcement Act of 1989) to
appraise the properties that secure mortgages it intends to deliver to
us. The lender (and any third-party originators it uses) must be aware
of, and in full compliance with, state laws for licensing and
certification of real estate appraisers. The lender must document that
the appraisers it uses are licensed or certified as appropriate under
the applicable state law, either by including the license or
certification number with the appraiser's list of qualifications that
the lender has on file or by retaining a copy of the license or
certification in the file the lender maintains for the appraiser. The
appraiser must note his or her license or certification number on the
individual appraisal report forms.
When a new appraisal is required for a mortgage that a lender delivers
to us, the lender warrants that the property has been appraised by a
state-licensed or -certified appraiser. Our appraisal report forms
define the appraiser as the individual who personally inspected the
property being appraised, inspected the exterior of the comparables,
performed the analysis, and prepared and signed the appraisal report as
the appraiser. This definition does not preclude an appraiser from
relying on individuals who are not state-licensed or -certified to
provide significant professional assistance (such as an appraiser
trainee or an employee of the appraiser doing market data research or
data verification) in the development of the appraisal. The
state-licensed or -certified appraiser who signs the appraisal report
must acknowledge in the report the extent of the professional assistance
provided by others and the specific tasks performed by each such
individual and must certify that the named individual(s) are qualified
to perform the tasks. Under some state laws, a lender's use of an
unlicensed or uncertified appraiser who is working as an employee or
subcontractor of a licensed or certified appraiser will satisfy the
state's licensing and certification requirement, as long as the
appraisal report is signed by a state-licensed or -certified
"supervisory" or "review" appraiser.
If a lender is unable to make the required warranty regarding the use of
a state-licensed or -certified appraiser because it is experiencing
significant delays in obtaining appraisals as the result of a scarcity
of state-licensed or -certified appraisers in the state or locality, it
must document the individual mortgage file with a copy of an authorized
temporary waiver of the [Page : 1105 03/20/95] appraiser licensing and
certification requirements (or a copy of its letter requesting such a
waiver). Requests for these temporary waivers should be directed to the
Appraisal Subcommittee of the Federal Financial Institutions Examination
Council.
XI, 101.02: Knowledge and Experience Requirements (06/30/02)
We expect a lender to use an appraiser who not only has the knowledge
and experience that is required to perform a professional quality
appraisal for the specific geographic location and the particular
property type for which the lender needs an appraisal, but also has
knowledge about, and access to, the necessary and appropriate data
sources for the area in which the appraisal assignment is located.
The Competency Rule of the Uniform Standards of Professional Appraisal
Practice requires a state-licensed or -certified appraiser who does not
have both the knowledge and experience required to perform an appraisal
competently to disclose his or her lack of knowledge and experience to
the client before accepting an appraisal assignment. This rule
acknowledges that the background and experience of appraisers varies
widely and that the lack of knowledge and/or experience can lead to
inaccurate property valuations and inappropriate appraisal practices.
The Uniform Standards allow an appraiser who does not have the
appropriate knowledge and experience to accept an assignment as long as
he or she
• discloses the lack of knowledge and/or experience to the client before
accepting the assignment;
• takes all steps necessary or appropriate to complete the assignment
competently; and
• describes in the appraisal report his or her lack of knowledge and/or
experience and the steps he or she has taken to complete the assignment
competently.
We believe that it is important for a lender to use an appraiser who has
both the appropriate knowledge and experience, rather than taking
advantage of this flexibility. We further believe that the use of an
appraiser who has both appropriate knowledge of specific geographic
markets and experience in appraising specific property types will help
to assure the accurate valuations and appropriate appraisal practices
that are necessary for fair lending. A lender must not assume -- simply
based on the fact that an appraiser is state-licensed or -certified --
that the appraiser is qualified and knowledgeable about a market area or
is aware of the appropriate market data sources for the area and will be
able to obtain access to them. If an appraiser is not knowledgeable
about a particular location, is not experienced in appraising a
particular type of property, or is not familiar with (or does not have
access to) the appropriate data sources, a lender should not give the
appraiser assignments in that market area or for that particular type of
property. [Page : 1106 03/20/95]
Because the experience and knowledge of appraisers varies widely, a
lender that chooses to rely on a specific appraiser or appraisal service
to review the qualifications of (or even to select) individuals to
perform appraisals for the lender should establish appropriate appraiser
qualification criteria and review procedures to assure that the third
party takes all of the above issues into consideration in its selection
process.
XI, 101.03: Use of Supervisory or Review Appraisers (03/20/95)
We allow an unlicensed or uncertified appraiser who works as an employee
or subcontractor of a licensed or certified appraiser to perform a
significant amount of the appraisal (or the entire appraisal if he or
she is qualified to do so) -- as long as the appraisal report is signed
by a licensed or certified "supervisory" or "review" appraiser and is
acceptable under state law. In some cases, a lender may request that the
appraisal reports prepared by a specific state-licensed or -certified
appraiser be cosigned by his or her employer or contractor as a
"supervisory" appraiser either because that is a tradition in the
locality or because it wants to acknowledge the relationship between the
appraiser and the employer or contractor. When a "supervisory" appraiser
is used, the "supervisory" appraiser must certify that he or she
directly supervises the appraiser who prepared the appraisal report, has
reviewed the appraisal report, agrees with the statements and
conclusions of the appraiser, agrees to be bound by some of the same
certifications that the appraiser made, and takes full responsibility
for the appraisal report.
If an appraiser is performing a "review" function that is different from
the one discussed above, he or she must prepare a separate review report
and attach it to the appraisal report being reviewed. For instance, this
approach would apply when a lender chooses to use an appraisal service
and one of the conditions of the delegation is that the appraiser or
appraisal service must assume responsibility for the appraisal.
XI, 102: Ongoing Review of Appraisals (03/20/95)
A lender must continually evaluate the quality of the appraiser's work
through the normal underwriting review of all appraisal reports, as well
as through the spot-check field review of appraisals as part of its
quality assurance system. The lender may use our Residential Appraisal
Field Review Report (Form 2000) for the spot-check appraisal component
of its quality assurance system if it chooses to do so, but we do not
require use of that form. The lender must be satisfied that any
appraisers it uses for spot-check field reviews are well-qualified. The
lender must have sufficient knowledge of our appraisal requirements to
enable it to determine that the appraiser has properly addressed our
specific criteria, the appraiser has developed objective and unbiased
appraisals, and the appraiser has not engaged in any unacceptable
appraisal practices.
XI, 102.01: Objective and Unbiased Appraisals (03/20/95)
A number of laws -- federal, state, and local -- prohibit discrimination
in the appraisal of housing. We believe professional appraisers fully
understand that discriminatory valuation and appraisal reporting
practices are not only [Page : 1107 03/20/95] illegal, but also
unethical. Unintentional discrimination, however, can occur as the
result of what an appraiser states -- or fails to state -- in his or her
appraisal report. A lender must make sure that the appraisers it uses
describe the property and the neighborhood in factual, unbiased, and
specific terms. The lender and the appraiser must assure that the
integrity of the loan decision is not influenced by subjective, racial,
or stereotypical terms, phrases, or comments in the appraisal report. An
appraiser must not use subjective phrases or comments in the appraisal
report. Examples of unacceptable terminology include "pride of
ownership," "no pride of ownership," "lack of pride of ownership," "poor
neighborhood," "good neighborhood," "crime-ridden area," "desirable
neighborhood or location," and "undesirable neighborhood or location."
Other subjective terminology that can result in erroneous conclusions
being reached is equally unacceptable.
Discrimination can also result when an appraiser makes unsupported
assumptions or interjects personal opinion or perceptions about factors
in the valuation process that may or may not affect the use and value of
a property. We require the appraiser to consider all factors that have
an effect on value and to be objective and unbiased in his or her
development of the opinion of market value in the appraisal report. The
appraiser and the lender must not make unsupported assumptions or
interject personal opinions or perceptions about any factors, whether or
not the factors affect the use and value of the property. We
specifically prohibit an appraiser from basing (either partially or
completely) his or her analysis and/or opinion of market value on the
race, color, religion, sex, handicap, familial status, or national
origin, of either the prospective owners or occupants of the property
being appraised or the present owners or occupants of the properties in
the vicinity of that property.
Our appraisal report forms for one- to four-family properties are
designed to provide for an objective and unbiased description and
analysis of the neighborhood, site, and improvements. Factors that
influence the value of the properties in the neighborhood must be
identified and analyzed in the valuation process and described in the
appraisal report. Failure to address and note adverse factors or
conditions that affect value or marketability with respect to the
neighborhood, site, or improvements is an unacceptable appraisal
practice. We specifically require the appraiser to certify that he or
she has taken into consideration in the valuation process the factors
that have an effect on value and has not knowingly withheld any
significant information from the appraisal report. We also require the
appraiser to certify that he or she has no present or prospective
personal interest or bias with respect to the participants in the
transaction and that the analysis and/or the opinion of market value in
the appraisal report was not based (either partially or completely) on
the race, color, religion, sex, handicap, familial status, or national
origin of either the prospective owners or occupants of the subject
property or the present owners or occupants of properties in the
vicinity of the subject property. [Page : 1108 03/20/95]
We require the appraiser's comments to be stated in specific, factual
terms that are supported by the information included in the appraisal
report. Including an unsupported descriptive comment or drawing an
unsupported conclusion from subjective observations is an unacceptable
appraisal practice that may have a discriminatory effect. The
appraiser's comments that address an unfavorable condition -- such as
the existence of an adverse environmental or economic factor -- must
discuss how the condition affects the value and/or marketability of the
property being appraised and explain how the condition was taken into
consideration in the valuation process. In such cases, we expect the
appraiser's analysis to reflect and include comparable sales that are
similarly affected, whenever possible. For example, if a property is
located in an urban neighborhood that has vacant or boarded-up
properties that affect the value and/or marketability of properties in
the neighborhood, the appraiser needs to address these conditions in his
or her analysis and appraisal report, and to use comparables sales from
the same neighborhood (whenever possible) to assure that any effect of
the vacant or boarded-up properties is taken into consideration in the
development of the opinion of market value for the subject property. The
appraiser would also need to address the reasons for the vacancies or
boarded-up properties in factual terms (by providing data related to
such things as demand/supply, foreclosure rates, tax sales, etc.) and
discuss how this factor affects the market value and marketability of
the property being appraised and other properties in the neighborhood.
XI, 102.02: Unacceptable Appraisal Practices (01/29/02)
Since we hold the lender responsible for the quality of the appraisals
it uses to support the value of a security property, the lender should
take appropriate action to assure that the appraisers it uses do not
engage in unacceptable practices. The following are examples of
appraisal practices that we consider as unacceptable:
• Development of and/or reporting an opinion of value that is not
supportable by market data or that is misleading;
• Development of a valuation conclusion that is based -- either
partially or completely -- on the sex, race, color, religion, handicap,
national origin, or familial status of either the prospective owners or
occupants of the subject property or the present owners or occupants of
the properties in the vicinity of the subject property; or that is based
on any other factor that local, state, or federal law designates as
being discriminatory, and thus, prohibited;
• Inclusion of inaccurate factual data about the subject neighborhood,
site, improvements, or comparable sales;
• Failure to comment on negative factors with respect to the subject
neighborhood, subject property, or proximity of the subject property to
adverse influences; [Page : 1109 01/29/02]
• Failure to analyze and report any current agreement of sale, option,
or listing of the subject property and the prior sales of the subject
property and the comparable sales;
• Selection and use of inappropriate comparable sales or the failure to
use comparable sales that are locationally and physically the most
similar to the subject property;
• Creation of comparable sales by combining vacant land sales with the
contract purchase price of a home that has been built or will be built
on the land;
• Use of comparable sales in the valuation process even though the
appraiser has not personally inspected the exterior of the comparable
properties by, at least, driving by them;
• Use of adjustments to the comparable sales that do not reflect the
market's reaction to the differences between the subject property and
the comparable sales, or the failure to make adjustments when they are
clearly indicated;
• Use of data -- particularly comparable sales data -- that was provided
by parties who have a financial interest in the sale or financing of the
subject property without the appraiser's verification of the information
from a disinterested source. For example, it would be inappropriate for
an appraiser to use comparable sales provided by the real estate broker
who is handling the sale of the subject property, unless the appraiser
verifies the accuracy of the data provided with another source and makes
an independent investigation to determine that the comparable sales
provided were the best ones available;
• Development of and/or reporting an appraisal in a manner or direction
that favors either the cause of the client or any related party, the
amount of the opinion of value, the attainment of a specific result, or
the occurrence of a subsequent event in order to receive compensation
and/or employment for performing the appraisal and/or in anticipation of
receiving future assignments; and
• Development of and/or reporting an appraisal in a manner that is
inconsistent with the requirements of the Uniform Standards of
Professional Appraisal Practice that were in place as of the effective
date of the appraisal.
XI, 103: Refusal to Accept Certain Appraisals (01/29/02)
From time to time, we may refuse to accept appraisals prepared by
specific appraisers or we may notify a lender that we will no longer
accept appraisals prepared by a given appraiser. When we notify a lender
that we will no longer accept appraisals from a particular appraiser, we
will allow the lender a certain amount of time to clear its mortgage
pipeline. After that, it must not submit to us any mortgages secured by
properties appraised by that individual. [Page : 1110 01/29/02]
We may also refer unacceptable appraisal reports to the appropriate
state appraiser licensing or regulatory boards for investigation and
action. Our decision to make such referrals does not affect the lender's
responsibility for managing the property valuation and appraisal review
process.
XI, Chapter 2: Appraisal (or Property Inspection) Documentation
(06/30/02)
[Page : 1111 06/30/02]
The lender must disclose to the appraiser any and all information about
the subject property that it is aware of, if the information could
affect either the marketability of the property or the appraiser's
opinion of the market value of the property. Specifically, the lender
must make sure that it provides the appraiser with all appropriate
financing data and sales concessions for the subject property that will
be, or have been, granted by anyone associated with the transaction.
Generally, this can be accomplished by providing the appraiser a copy of
the complete, ratified sales contract for the property that is to be
appraised. If the lender is aware of additional pertinent information
that is not included in the sales contract, it should inform the
appraiser. Information that must be disclosed includes:
• settlement charges;
• loan fees or charges;
• discounts to the sales price;
• payment of condominium/PUD fees;
• interest rate buydowns, or other below-market-rate financing;
• credits or refunds of the borrower's expenses;
• absorption of monthly payments;
• assignment of rent payments; and
• nonrealty items that were included in the transaction.
The lender must also disclose to the appraiser any information about an
environmental hazard in or on the subject property or in the vicinity of
the property that it obtains from the borrower, the real estate broker,
or any other party to the transaction so the appraiser can consider any
influence the hazard may have on the value and marketability of the
property.
XI, 201: Age of Appraisal (or Property Inspection) (06/30/02)
The property must have been appraised (or inspected, if that is the
level of property fieldwork recommended for a Desktop
Underwriter-processed mortgage) within the 12 months that precede the
date of the note and mortgage.
When an appraisal report will be more than four months old on the date
of the note and mortgage -- regardless of whether the property was
appraised as proposed or existing construction -- the appraiser must
inspect the exterior of the property and review current market data to
determine whether the property has declined in value since the date of
the original appraisal. [Page : 1112 01/29/02]
• If the appraiser indicates that he or she believes that the property
has declined in value, the lender must obtain a new appraisal for the
property.
• If the appraiser indicates that he or she believes that the property
has not declined in value, the lender should request the appraiser to
provide an update to the appraisal, based on his or her exterior
inspection of the property and knowledge of current market conditions.
The inspection and the appraisal update must occur within the four
months that precede the date of the note and mortgage.
These processes are an "update" of the original appraisal report, which
means that they are an extension of the original appraisal report that
changes the effective date of the opinion of value to reflect a current
date. An update can be reported in different formats -- such as in an
appraisal report form or in a letter. Regardless of how the appraisal
update is reported, it is an appraisal that incorporates (usually by
reference) information included in the original appraisal report.
Generally, the original appraiser should complete the appraisal update;
however, the lender may use a substitute appraiser. In such cases, the
substitute appraiser must review the original appraisal and express an
opinion about whether the original appraiser's opinion of market value
was reasonable on the date of the original appraisal report. The lender
should note in its files why the original appraiser was not used.
When a property inspection report for a Desktop Underwriter-processed
mortgage will be more than four months old on the date of the note and
mortgage, the appraiser must reinspect the property and prepare a new
Desktop Underwriter Property Inspection Report (Form 2075).
XI, 202: Status of Construction (06/30/02)
Generally, we require the improvements for the subject property to have
been completed when the mortgage is delivered to us. However, we do make
some exceptions to this and, in such cases, an appraisal report should
be developed in accordance with the following criteria:
• For new or proposed construction, an appraisal may be based on either
plans and specifications or an existing model home, if the lender
obtains a certification of completion before it delivers the mortgage to
us. This certification should be completed by the appraiser, state that
the improvements were completed in accordance with the requirements and
conditions in the original appraisal report, and be accompanied by
photographs of the completed improvements.
When the completion of certain items that are included as part of the
sales contract -- such as landscaping, a driveway, or a sidewalk -- or
other minor items that do not affect the ability to obtain an occupancy
permit has to be postponed for some reason, the lender may deliver the
mortgage before these postponed items are completed if it represents and
warrants that the postponed improvements will be completed [Page : 1113
06/30/02] within 180 days after the date of the mortgage note. The
appraisal report must show both the cost of completing the postponed
items and the "as completed" value of the property after completion of
the postponed improvements, although no dollar-for-dollar adjustments
should be made. The cost of completing any minor improvements must not
represent more that 2% of the "as completed" appraised value of the
property.
- The lender must establish a "completion escrow" for the postponed
improvements, by withholding from the purchase proceeds funds equal to
120% of the estimated cost for completing the improvements. However, if
the contractor or builder offers a guaranteed "fixed price" contract for
completion of the improvements, the funds in the "completion escrow"
only need to equal the full amount of the contract price.
- The lender and the borrower must enter into an escrow agreement that
determines how the lender will manage and disburse funds from the escrow
account. Once a certificate of completion is obtained, the lender must
release the final draw from the escrow account (which should include any
funds in excess of the amount needed to pay for completion of the
postponed items). The final title report must not show any outstanding
mechanic's liens or take any exceptions to the postponed improvements or
the escrow agreement. If the final title report is issued before the
completion of the improvements, the lender must obtain an endorsement to
the title policy that ensures the priority of our lien.
• For existing construction, an appraisal may be based on the "as is"
condition of the property if minor conditions that do not affect the
livability of the property exist -- such as minor deferred maintenance
-- as long as the appraiser's opinion of value reflects the existence of
these conditions. The lender must review carefully the appraisal for a
property appraised in an "as is" condition to assure that the property
does not have any physical deficiencies or conditions that would affect
its livability. If there are none, the lender does not need to require
minor repairs to be completed before it delivers the mortgage to us.
When there are incomplete items or conditions that do affect the
livability of the property -- such as a partially completed addition or
renovation -- or physical deficiencies that could affect the soundness
or structural integrity of the improvements, the property must be
appraised subject to completion of the specific alterations or repairs.
In such cases, the lender must obtain a certificate of completion from
an appraiser before it delivers the mortgage to us. The certification
does not need to include photographs of the property unless those that
accompanied the original appraisal report are no longer representative
of the completed property. [Page : 1114 06/30/02]
Generally, the original appraiser should complete any required
certification of completion; however, the lender may use a substitute
appraiser. In such cases, the substitute appraiser must review the
original appraisal and certify that the original appraiser's description
of the property was accurate and the opinion of market value was
reasonable on the date of the original appraisal report. The lender
should note in its files why the original appraiser was not used.
XI, 203: Appraisal (or Property Inspection) Reports (06/30/02)
Our appraisal report forms recognize the Uniform Standards of
Professional Appraisal Practice as the minimum appraisal standards for
the appraisal industry. In addition, we have established our own
separate appraisal requirements to supplement the Uniform Standards
because we believe that this is necessary to assure that all of our
specific concerns are addressed for any given appraisal. Our appraisal
report forms are designed in a way that results in an appraiser's being
in full compliance with our requirements if he or she provides all of
the information required by the forms and presents the applicable data
accurately and completely.
The appraisal report forms we use provide a concise format for
presenting both the appraiser's description of the subject property and
the valuation analysis that leads to the opinion of market value. The
appraisal report that should be used generally depends on the
underwriting method and the type of property that is being appraised.
The appraiser must complete our forms in a way that will clearly reflect
the thoroughness of his or her investigation and analysis and provide
the rationale for the opinion of market value. Although the scope or
extent of the appraisal process is guided by our appraisal report forms,
the forms do not limit or control the appraisal process. The appraiser's
analysis should go beyond any limitations of the forms, with additional
comments and exhibits being used if they are needed to adequately
describe the subject property, document the analysis and valuation
process, or support the appraiser's conclusions. The extent of the
appraiser's data collection, analysis, and reporting must be determined
by the complexity of the appraisal assignment.
An appraiser may use computer software programs that are designed to
reproduce our appraisal report forms -- including programs that have
"expandability" features that allow increases in areas of the forms that
call for the insertion of narrative comments. However, the sequence of
the information -- as well as all of the specific information (including
the instructions, entries, directions, etc.) -- must be exactly as it
appears on the hard-copy of the form(s).
A lender may accept an appraisal report that is transmitted
electronically using facsimile (fax) machines, Internet connections,
wireless transmissions, or any other types of transmissions that use
public or private telephone lines -- as long as the appraisal report
adequately identifies the appraiser and includes a reproduced signature
of the appraiser whose name appears on the report, and the lender
represents and warrants to us that the appraisal [Page : 1115 06/30/02]
report was created by the appraiser identified on the appraisal report
and that the appraisal report is the complete and unaltered report
submitted by the identified appraiser. The lender may store any
appraisal reports it receives (whether they are originally provided as
paper documents or in electronic format) by using any photographic,
electronic, optical, or other storage technology that enables it to
retrieve and reproduce a complete and clear copy of an appraisal report
(and its related addenda, photographs, and attachments) at any time in
response to a request from us. Regardless of the transmission or storage
method used, the lender will be responsible for the accuracy of the
information and the integrity of the documents and for assuring that the
appraisal was prepared in accordance with our appraisal guidelines.
XI, 203.01: Manually Underwritten Mortgages (06/30/02)
We have five different appraisal forms that can be used for manually
underwritten mortgages, depending on either the type of property being
appraised or the type of mortgage that is secured by the property. The
appraiser must use our latest version of one of the following forms and
include any other data -- either as an attachment or addendum to the
appraisal report form -- needed to adequately support the opinion of
market value:
• Uniform Residential Appraisal Report (Form 1004), for one-family
properties and units in planned unit developments (including those that
have an illegal second unit or accessory apartment that we will consider
as acceptable security) that secure either first or second mortgages.
Form 1004 may also be used for two-family properties, if each of the
units is occupied by one of the co-borrowers as his or her principal
residence or if the value of the legal second unit is relatively
insignificant in relation to the total value of the property (as might
be the case for a basement unit or a unit over a garage). In addition,
appraisals for units in condominium projects that consist solely of
detached dwellings may be documented on Form 1004, if the appraiser
includes an adequate description of the project and information about
the owners' association fees and the quality of the project maintenance;
• Small Residential Income Property Appraisal Report (Form 1025), for
two- to four-family properties (including those that are located in PUD
projects);
• Individual Condominium Unit Appraisal Report (Form 1073), for
one-family properties that are units in condominium projects;
• Individual Cooperative Interest Appraisal Report (Form 1075), for
one-family properties that are units in cooperative projects; or
• Desktop Underwriter Quantitative Analysis Appraisal Report (Form
2055), for one-family principal residences and second homes (including
units in condominium and PUD projects), provided the appraiser [Page :
1116 06/30/02] inspects both the interior and exterior of the property.
(If the property secures a Streamlined Purchase Money Mortgage Option 1,
only the exterior of the property needs to be inspected.)
XI, 203.02: Desktop Underwriter-Processed Mortgages (06/30/02)
We have three different streamlined appraisal forms that can be used for
Desktop Underwriter-processed mortgages that are secured by one-family
properties -- the Desktop Underwriter Quantitative Analysis Appraisal
Report (Form 2055), the Desktop Underwriter Qualitative Analysis
Appraisal Report (Form 2065), and the Desktop Underwriter Individual
Cooperative Interest Appraisal Report (Form 2095). In addition, we have
a fourth form -- the Desktop Underwriter Property Inspection Report
(Form 2075) -- which an appraiser uses to document an exterior property
inspection (but not to provide an opinion of market value) when we rely
on the property valuation performed by Desktop Underwriter's proprietary
automated valuation models. Our Small Residential Income Property
Appraisal Report (Form 1025) should be used for Desktop
Underwriter-processed mortgages that are secured by two- to four-family
properties.
When a mortgage is processed in Desktop Underwriter, the system will
recommend the use of one of three levels of property fieldwork.
Regardless of the recommended level, the lender remains responsible for
the quality of the fieldwork and must manage the property appraisal (or
inspection) process, select the appraiser, and order the appraisal (or
property inspection) report. One of the following levels of property
fieldwork and review will be recommended by Desktop Underwriter based on
the results of its risk analysis for a mortgage:
• The appraiser must perform both an interior and an exterior inspection
of the property, and summarize the results of his or her analysis on the
current version of either the Desktop Underwriter Quantitative Analysis
Appraisal Report (Form 2055) or the Desktop Underwriter Individual
Cooperative Interest Appraisal Report (Form 2095), depending on the type
of property;
• The appraiser should, at a minimum, perform only an exterior
inspection of the property, and summarize the results of his or her
analysis on the current version of either the Desktop Underwriter
Quantitative Analysis Appraisal Report (Form 2055), the Desktop
Underwriter Qualitative Analysis Appraisal Report (Form 2065) or, if
applicable, the Desktop Underwriter Individual Cooperative Interest
Appraisal Report (Form 2095); or
• The appraiser should, at a minimum, perform only an exterior
inspection of the property, and summarize the results of the inspection
on the Desktop Underwriter Property Inspection Report (Form 2075).
The level of fieldwork recommended by Desktop Underwriter represents our
minimum documentation requirements for the property. The lender may
choose either to obtain the minimum documentation we require or to [Page
: 1117 06/30/02] ask the appraiser to provide additional documentation
(based on the specific characteristics of the individual case).
Desktop Underwriter's option of performing an appraisal based only on an
exterior inspection of the property is predicated on the appraiser's
ability to obtain sufficient information about the physical
characteristics of the property from reliable sources. The appraiser's
description of the physical characteristics of the property should be
based on what he or she considers to be reliable data sources for the
property and location. The appraiser should use the same type of data
sources that he or she uses for comparable sales -- multiple listing
service information, tax and assessment records, observations from prior
inspections, previously prepared appraisal files, information provided
by the property owner, etc. If the exterior inspection of the property
does not provide enough information for the appraiser to perform the
appraisal, the appraiser must also inspect the interior of the property.
For example, the appraiser might choose to inspect the interior of the
property if he or she cannot adequately view the property improvements
from the street; is unable to reconcile significant discrepancies among
available data sources with respect to size, condition, or other factors
about the property; identified apparent physical deficiencies or adverse
property conditions during the exterior inspection; needs additional
information for a property that is undergoing rehabilitation; etc.
XI, 204: Exhibits to Appraisal (or Property Inspection) Reports
(06/30/02)
We require certain exhibits to support each appraisal (or property
inspection) report. The exhibits may vary depending on the underwriting
method, the type of property, whether the borrower is purchasing the
property as a residence or for investment purposes, or the type of
property inspection performed.
XI, 204.01: Manually Underwritten Mortgages (06/30/02)
Unless we specify otherwise, we require the following exhibits for any
appraisal report that is used for a manually underwritten mortgage:
• A street map that shows the location of the subject property and of
all comparables that the appraiser used;
• An exterior building sketch of the improvements that indicates the
dimensions. (For a unit in a condominium or cooperative project, the
sketch of the unit must indicate interior perimeter unit dimensions
rather than exterior building dimensions.) Generally, the appraiser must
also include calculations to show how he or she arrived at the estimate
for gross living area; however, for a unit in a condominium or
cooperative project, the appraiser may rely on the dimensions and
estimate for gross living area that are shown on the plat. In such
cases, the appraiser does not need to provide a sketch of the unit as
long as he or she includes a copy of the plat with the appraisal report.
A floor plan sketch that indicates the dimensions is required instead of
the exterior [Page : 1118 06/30/02] building or unit sketch if the floor
plan is atypical or functionally obsolete, thus limiting the market
appeal for the property in comparison to competitive properties in the
neighborhood;
• Clear, descriptive photographs (either in black and white or color)
that show the front, back, and a street scene of the subject property,
and that are appropriately identified. (Photographs must be originals
that are produced either by photography or electronic imaging.);
• Clear, descriptive photographs (either in black and white or color)
that show the front of each comparable sale and that are appropriately
identified. (We do not require photographs of comparable rentals and
listings.) Generally, photographs should be originals that are produced
by photography or electronic imaging; however, copies of photographs
from a multiple listing service or from the appraiser's files are
acceptable if they are clear and descriptive;
• Certification of completion or appraisal update -- either as a letter
or as a form that provides the necessary information -- if applicable;
• An Operating Income Statement (Form 216) or a similar cash flow and
operating income statement, if the property is an investment property
(including a two- to four-family property in which the applicant will
occupy one unit as a principal residence). Generally, the statement may
be prepared by either the applicant or the appraiser (although the
applicant for a Community Living mortgage must prepare the statement).
(When the applicant prepares a Form 216, the appraiser's comments on the
reasonableness of the projected operating income must be included on the
form. When the appraiser prepares a Form 216, the lender must make sure
the appraiser has operating statements; expense statements related to
mortgage insurance premiums, owners' association dues, leasehold
payments, or subordinate financing payments; and any other pertinent
information related to the property.);
• A Single-Family Comparable Rent Schedule (Form 1007), if the property
is a one-family investment property (other than one that secures a
Community Living mortgage); and
• Any other data -- as an attachment or addendum to the appraisal report
form -- that are necessary to provide an adequately supported opinion of
market value.
XI, 204.02: Desktop Underwriter-Processed Mortgages (06/30/02)
The exhibits required for any appraisal or property inspection report
that is used for a Desktop Underwriter-processed mortgage are based on
the type of property inspection that Desktop Underwriter recommends:
• If Desktop Underwriter recommends an exterior only inspection of the
property -- using either the Desktop Underwriter Quantitative Analysis
Appraisal Report (Form 2055), the Desktop Underwriter Qualitative
Analysis Appraisal Report (Form 2065), or the Desktop Underwriter [Page
: 1119 06/30/02] Individual Cooperative Interest Appraisal Report (Form
2095) -- the only exhibits we require are a street map that shows the
location of both the subject property and the comparable sales and a
photograph that shows the front scene of the subject property. When
Forms 2055 and 2065 are used in connection with a one-family investment
property, the Single-Family Comparable Rent Schedule (Form 1007) should
accompany the appraisal report.
• If Desktop Underwriter recommends an exterior only inspection of the
property -- using the Desktop Underwriter Property Inspection Report
(Form 2075) -- the only exhibits we require are a street map that shows
the location of the subject property and a photograph that shows the
front scene of the subject property.
• If Desktop Underwriter recommends both an interior and exterior
inspection of the property -- using either the Desktop Underwriter
Quantitative Analysis Appraisal Report (Form 2055) or the Desktop
Underwriter Individual Cooperative Interest Appraisal Report (Form 2095)
-- we require all of the same exhibits that are used to support the
appraisal forms for manually underwritten mortgages (as discussed in
Section 204.01 above).
XI, 205: Definition of Market Value (06/30/02)
Our definition of market value is intended to assure that appraisals
reflect an opinion of market value after adjustments for any special or
creative financing or sales concessions -- such as seller contributions,
interest rate buydowns, etc. -- have been made. The appraiser must
certify that he or she used the following definition of market value:
Market value is the most probable price which a property should bring in
a competitive and open market under all conditions requisite to a fair
sale, the buyer and seller, each acting prudently, knowledgeably and
assuming the price is not affected by undue stimulus. Implicit in this
definition is the consummation of a sale as of a specified date and the
passing of title from seller to buyer under conditions whereby: (1)
buyer and seller are typically motivated; (2) both parties are well
informed or well advised, and each acting in what he considers his own
best interest; (3) a reasonable time is allowed for exposure in the open
market; (4) payment is made in terms of cash in U.S. dollars or in terms
of financial arrangements comparable thereto; and (5) the price
represents the normal consideration for the property sold unaffected by
special or creative financing or sales concessions granted by anyone
associated with the sale.
*Adjustments to the comparables must be made for special or creative
financing or sales concessions. No adjustments are necessary for those
costs which are normally paid by sellers as a result of tradition or law
in a market area; these costs are readily identifiable since the seller
pays these costs in virtually all sales transactions. Special or
creative [Page : 1120 06/30/02] financing adjustments can be made to the
comparable property by comparisons to financing terms offered by a
third-party institutional lender that is not already involved in the
property or transaction. Any adjustment should not be calculated on a
mechanical dollar for dollar cost of the financing or concession but the
dollar amount of any adjustment should approximate the market's reaction
to the financing or concessions based on the appraiser's judgment.
The asterisked section of the definition provides consistent
interpretation for the appraiser. Specifically, we want to emphasize
that the phrases "...those costs which are normally paid by sellers as a
result of tradition or law in a market area; these costs are readily
identifiable since the seller pays these costs in virtually all sales
transactions..." refer to all of the sellers in a specific market area.
No distinction is made between a specific group of sellers, builders,
developers, or individuals in the resale market -- they are all
considered to be individual sellers in the market. To illustrate: When a
property seller is paying part of the purchaser's settlement or closing
costs -- or is paying for an interest-rate buydown or other below-market
financing -- but virtually all of the other sellers in the market are
not doing the same as a result of law or tradition, the appraiser would
need to make an adjustment even if there are other groups of sellers --
such as builders -- who are also offering concessionary financing.
The appraiser can adjust a comparable property that has special or
creative financing or sales concessions by comparing it to other
properties that had financing terms offered by a third-party
institutional lender -- as long as that lender is not already involved
in the subject property or transaction. The appraiser should use his or
her judgment in establishing the dollar amount for any adjustment to
assure that it approximates the market's reaction to the financing or
concession at the time of the sale.
XI, 206: Certifications and Statements of Limiting Conditions (06/30/02)
Each of our appraisal (or property inspection) report forms includes an
appraiser's certification (and, if applicable, a supervisory appraiser's
certification) and a statement of limiting conditions. Some forms
include the limiting conditions and certifications as part of the form
itself; others require the use of a separate document as an exhibit to
the appraisal report.
• The Statement of Limiting Conditions and Appraiser's Certification
(Form 1004B) must be included as an exhibit for appraisals prepared on
the Uniform Residential Appraisal Report (Form 1004), the Small
Residential Income Property Appraisal Report (Form 1025), the Individual
Condominium Unit Appraisal Report (Form 1073), or the Individual
Cooperative Interest Appraisal Report (Form 1075). Form 1004B includes
ten limiting conditions and nine appraiser's certifications, as well as
a supervisory appraiser's certification. [Page : 1121 06/30/02]
To acknowledge that the current version of the Form 1004B was used and
to assure the lender that the appraiser is certifying to our current
definition of value, the appraiser must insert "06/93" in the blank that
references "Freddie Mac Form 439/Fannie Mae Form 1004B (Revised
____________)" in the "Reconciliation" section of the applicable
appraisal report form.
• A Statement of Limiting Conditions and Appraiser's Certification is
included as part of the form for appraisals prepared on the Desktop
Underwriter Quantitative Analysis Appraisal Report (Form 2055), the
Desktop Underwriter Qualitative Analysis Appraisal Report (Form 2065),
and the Desktop Underwriter Individual Cooperative Interest Appraisal
Report (Form 2095). Each of these appraisal forms includes nine
contingent and limiting conditions and eleven appraiser's
certifications, as well as a supervisory appraiser's certification.
• A Statement of Limiting Conditions and Appraiser's Certification is
included as part of the form for property inspections prepared on the
Desktop Underwriter Property Inspection Report (Form 2075). Because this
form is not used to express the appraiser's opinion of market value, it
includes only a few contingent and limiting conditions, five appraiser's
certifications, and the supervisory appraiser's certification.
The appraiser may not make a change or a deletion to the appraiser's
certifications, although he or she may make additional certifications on
a separate page or form. Acceptable additional certifications might
include those required by state law, those related to the appraiser's
continuing education or membership in an appraisal organization, or
those related to the appraiser's compliance with privacy laws and
regulations in the development, reporting, and storage of an appraisal
and the information on which it is based. (An appraiser may not add
additional limiting conditions.) The lender is responsible for reviewing
any additional certifications made by an appraiser to assure that they
do not conflict with any of our policies or with the standard
certifications on our various appraisal forms or Form 1004B.
XI, Chapter 3: Special Appraisal Considerations (06/30/02)
[Page : 1123 06/30/02]
Some types of properties require special consideration in the property
and appraisal review processes to recognize the special contributions of
unusual features, the detrimental effect of certain environmental
conditions, or the need to meet specific criteria in order for a
mortgage secured by the property to be eligible for delivery to Fannie
Mae.
Units in condominium, PUD, or cooperative projects also require special
consideration because of the interrelationship between the property
being appraised and other units within the development or project. We
will purchase or securitize unit mortgages in condominium, PUD, or
cooperative projects that meet our project eligibility criteria. To
determine project eligibility, a lender often needs access to certain
project information that is not always readily available -- such as
information about the project's insurance coverage, legal documents, or
budget; the payment status of owners' association (or cooperative
corporation) fees; and the ownership and occupancy status of individual
units within the project. For this reason, we allow the lender to rely
on the appraiser, the owners' association (or cooperative corporation),
the management company, the real estate broker, and the project
developer as sources for information, although we expect the lender to
make a diligent effort to ensure the accuracy of the information
obtained from these sources. Project acceptance -- and the availability
of financing -- often depends on the willingness of the owners'
association, cooperative corporation, or management company to obtain
and provide requested information.
XI, 301: Units in Condominium Projects (06/30/02)
A condominium project is one in which individual owners hold title to
units in the project along with an undivided interest in the real estate
that is designated as the common area for the project.
Appraisals for condominium units that secure manually underwritten
mortgages are usually documented on the Individual Condominium Unit
Appraisal Report (Form 1073) or the Desktop Underwriter Quantitative
Analysis Appraisal Report (Form 2055). However, we will accept
appraisals of detached condominium units on the Uniform Residential
Appraisal Report (Form 1004), if the appraiser includes an adequate
description of the project and information about the owners' association
fees and the quality of the project maintenance. Desktop Underwriter
will specify the level of property analysis and review for Desktop
Underwriter-processed mortgages that are secured by condominium units.
The appraisal of an individual unit in a condominium project requires
the appraiser to analyze the condominium project as well as the
individual unit. The appraiser must pay special attention to the
location of the individual unit within the project, the project's
amenities, and the amount and purpose of the owners' association
assessment since the marketability and [Page : 1124 06/30/02] value of
the individual units in a project depend on the marketability and appeal
of the project itself.
XI, 302: Units in PUD Projects (06/30/02)
A planned unit development (PUD) is a project or subdivision that
consists of common property and improvements that are owned and
maintained by an owners' association for the benefit and use of the
individual units within the project. For a project to qualify as a PUD,
the owners' association must require automatic, nonseverable membership
for each individual unit owner, and provide for mandatory assessments.
Zoning should not be the basis for classifying a project as a PUD.
Appraisals for PUD units that secure manually underwritten mortgages are
generally documented on the Uniform Residential Appraisal Report (Form
1004) or the Desktop Underwriter Quantitative Analysis Appraisal Report
(Form 2055). To assure that all the specific eligibility criteria for a
new PUD project are adequately addressed, it may be necessary to use an
addendum to Form 1004 to provide information for appraisals related to
attached units in new PUD projects (particularly when the developer is
still in control of the owners' association). Desktop Underwriter will
specify the level of property analysis and review for Desktop
Underwriter-processed mortgages that are secured by PUD units.
The appraisal of an individual unit in a PUD requires the appraiser to
analyze the PUD project as well as the individual unit. The appraiser
must pay special attention to the location of the individual unit within
the project, the project's amenities, and the amount and purpose of the
owners' association assessment since the marketability and value of the
individual units in a project generally depend on the marketability and
appeal of the project itself.
XI, 303: Units in Cooperative Projects (06/30/02)
When an appraiser evaluates a cooperative unit, he or she must develop
an opinion of the market value of the cooperative interest. The
cooperative interest is the cooperative shares or other evidence of an
ownership interest in the cooperative corporation and the accompanying
occupancy rights (excluding the cooperative interest's pro rata share of
the debt service of the blanket mortgage). In other words, the
cooperative interest is the equity portion that is over and above the
pro rata share of the blanket mortgage(s).
To determine the value of the cooperative interest, the appraiser must
consider and report among other things, the information listed below on
the Individual Cooperative Interest Appraisal Report (Form 1075) or the
Desktop Underwriter Individual Cooperative Interest Appraisal Report
(Form 2095). [Much of this information can be obtained from the Request
for Cooperative Project Information (Form 1074), if the management
agent, cooperative board, or project sponsor/developer uses this form to
respond to the lender's or the appraiser's inquiries for project
information. When Form 1074 is used, the appraiser may either transcribe
the [Page : 1125 06/30/02] appropriate information to the applicable
appraisal report or attach Form 1074 to the report as an addendum.]
• The number of shares attributable to the unit and the number of shares
issued and outstanding for the cooperative corporation;
• The name of the lienholder, the lien position, and the amount and
repayment terms of all project blanket financing;
• The pro rata share of the blanket mortgage payments that are
attributable to the unit, as determined by dividing the number of shares
attributable to the unit by the total number of project shares;
• The pro rata share of each lien that is attributable to the unit;
• Any tax abatements or exemptions that are attributable to the unit,
and their remaining term and provisions for escalation of real estate
taxes. (The dollar amount by which the taxes will increase and the year
in which the increase will occur should be shown); and
• Any monthly maintenance fees (including utility charges if they are
part of these fees), monthly special assessments, ground rent, or other
fees for the use of the facilities that are attributable to the unit,
and their type, amount, and term (if applicable).
The appraiser must use reliable sources to obtain data on the
cooperative project, the individual subject unit, and the comparable
properties, and indicate the name of each source on the appraisal report
(or in an addendum to it). The appraiser must address any factors that
could result in an increase to the monthly debt service for the subject
unit. For comparison purposes, the appraiser should indicate in the
"sales comparison analysis" adjustment grid the dollar amount of the
monthly assessments for each of the comparable sales.
In many areas, there is limited experience with the cooperative form of
ownership. The appraiser always must comment on the acceptance of
housing cooperatives in the market area. The degree of acceptance is
generally reflected in the availability of similar comparable sales data
for cooperative units. If there is limited market acceptance of the
cooperative form of ownership, or if it is a relatively new form of
ownership in the market area, the appraiser must address any effect that
has on the marketability and value of the unit that is being appraised.
Because we are concerned about the marketability of the subject
property, the appraiser must compare the subject unit to the general
market area as well as to other units in the subject cooperative
project. This comparison should help demonstrate market acceptance of
cooperative units in the area. If the appraiser believes that the
submission of more than the three required comparable sales is
appropriate to support the opinion of market value, he or she should
submit other comparable sales -- including contracts for sale -- as
additional supporting data. Comparable sales must be from similar types
[Page : 1126 04/30/02] of projects -- townhouses, mid-rise, high-rise,
etc. -- that have similar common amenities and recreational facilities.
Generally, when an appraiser appraises a unit in a cooperative project,
he or she should use sales of cooperative units as comparables. However,
the appraiser may use sales of condominium units as comparables if
cooperative unit sales are not available, as long as he or she explains
why those types of comparables were used. When there is a preference for
condominium ownership in the subject market area, the appraiser must
adjust the condominium comparables to reflect the reaction of the market
to the cooperative unit.
If the subject property is a unit in a new or recently converted
cooperative project, the appraiser should select as comparables one
closed or settled sale from the subject project (if one is available)
and two closed or settled sales from outside of the project. If closed
or settled sales are not available in the subject project, the appraiser
should use comparable sales from competing projects. When the subject
property is a unit in an established cooperative project -- one that has
resale activity -- the appraiser should use as comparables two closed or
settled sales from within the subject project (if available) and one
closed or settled sale from a competing project.
The appraiser must report the value of the cooperative interest,
excluding its pro rata share of the blanket mortgage(s). This value
reflects the market value for the cooperative interest of the unit. [To
illustrate: When the indicated value of the unit encumbered by the
blanket mortgage(s) is $100,000 and its pro rata share of the blanket
mortgage(s) is $25,000, the value estimate that the appraiser should
report for the cooperative interest of the unit is $75,000.] The
appraiser certifies in the appraisal report that the pro rata share of
the blanket mortgage(s) on the real estate has not been included in the
opinion of the market value of the cooperative interest.
XI, 304: Factory-Built Housing (04/30/02)
Factory-built housing includes manufactured homes, modular homes, and
other types of prefabricated housing. We purchase mortgages secured by
factory-built housing that is designed as a one-family dwelling, assumes
the characteristics of site-built housing, and is legally classified as
real property. We require the factory-built home to be permanently
affixed to a foundation system that is appropriate for the soil
conditions of the site and designed to meet local and state codes.
The appraiser must identify the type of factory-built housing that is to
be appraised since that is an important criteria in defining the
appropriate market area and in selecting comparable properties.
• A manufactured home must be built (and installed) under the Federal
Manufactured Home Construction and Safety Standards that HUD established
in 1976, as they were in force at the time the home was [Page : 1127
04/30/02] manufactured. This can be verified by the presence of a HUD
Data Plate/Compliance Certificate that is located inside the home. The
appraiser must include as part of his or her appraisal report some of
the information that is included on the certificate -- the
manufacturer's name, the trade/model name, the year of manufacture, and
the serial number.
• A modular home must be built under the Uniform Building Code that is
administered by the state agency that is responsible for adopting and
administering building code requirements for the state in which the
modular home is installed.
• A factory-built home that is any other type of prefabricated,
panelized, or sectional housing does not have to satisfy either HUD's
Federal Manufactured Home Construction and Safety Standards or the
Uniform Building Codes that are adopted and administered by the state in
which the home is installed. The home must conform with local building
codes in the area in which it will be permanently located.
We do not have minimum requirements for width, size, roof pitch, or any
other specific construction detail for manufactured homes, modular
homes, or any other types of factory-built homes. Rather, each home must
have sufficient square footage and room dimensions to be acceptable to
typical purchasers in the subject market area. Since quality can account
for large differences in the values of factory-built homes, it is
important for the appraiser to become familiar with the features that
affect the quality of a factory-built home so that the information can
be included in the appraisal report (if needed) to support his or her
opinion of value.
The process of selecting comparable sales for factory-built housing is
generally the same as that for selecting comparable sales for site-built
housing. The appraiser must address both the marketability and
comparability of a manufactured home by selecting comparable sales of
similar manufactured homes -- comparing single-width homes to
single-width homes, multiwidth homes to multiwidth homes, etc. If at
least three comparable sales of similar manufactured homes are not
available, the appraiser may use either site-built housing or a
different type of factory-built housing as one of the comparable sales.
When that is the case, the appraiser must use at least two comparable
sales of similar manufactured homes, explain why site-built housing or a
different type of factory-built housing is being used for the one
comparable sale, and make (and support) appropriate adjustments in the
appraisal report. An appraiser who is unable to locate sales of
manufactured homes that are truly comparable to the subject property may
decide that it is appropriate to use as comparables either older sales
of similar manufactured homes or sales of similar manufactured homes
that are located in a competing market so that he or she can establish a
baseline for the "sales comparison analysis" and [Page : 1128 04/30/02]
determine sound adjustments to reflect the differences between the
comparable sales that are available and the subject property. The
appraiser should analyze and report a sufficient number of comparable
sales to support his or her opinion of value (which may require the use
of more than three comparable sales in some cases). The appraiser must
not "create" comparable sales by combining vacant land sales with the
contract purchase price of the home (although he or she may use this
type of information as additional supporting documentation). If the
appraiser is unable to develop a reliable appraisal based on at least
two comparable sales of similar manufactured homes, the mortgage is not
eligible for delivery to us.
We also require the appraiser to address both the marketability and
comparability of modular homes and other types of factory-built housing.
When the subject property is modular, prefabricated, panelized, or
sectional housing, we do not require that one or more of the comparable
sales be the same type of factory-built housing (although using
comparable sales of similar types of homes generally enhances the
reliability of the appraiser's opinion of value). We do expect the
appraiser to include in the appraisal report the most appropriate
comparable sales data to support his or her opinion of value for the
subject property.
XI, 305: Community Living Group Homes (04/30/02)
The group home that secures a Community Living mortgage must maintain
its residential nature and have no modifications that would make it
unacceptable as a one- or two-family residence. The property appraisal
for a one-family property should be documented on the Uniform
Residential Appraisal Report (Form 1004), while the appraisal for a
two-family property should be documented on the Small Residential Income
Property Appraisal Report (Form 1025). The appraiser generally does not
need to use other group home properties as comparable sales in
developing the sales comparison approach to value because we expect the
appraised value to reflect the value of the group home as a typical one-
or two-family residence. The appraiser will not need to analyze and
report comparable rental properties on the Single-Family Comparable Rent
Schedule (Form 1007) since the room and board payments received under
the contract with the state or local funding agency are not dependent
on, or comparable to, market rents. However, we do expect the lender's
underwriter to review the rent information that appears on our Operating
Income Statement (Form 216) or a similar cash flow and operating income
statement and to make any adjustments that are needed for any income and
expense items that appear unreasonable for the market in which the group
home is located.
When the loan proceeds are used to fund repairs or rehabilitation to the
group home property, the appraiser must have demonstrated competence and
experience in evaluating properties for rehabilitation financing.
• If the rehabilitation work has already been completed, the appraiser's
opinion of value must reflect the completion of the improvements -- and
[Page : 1129 05/06/99] the borrower must provide evidence showing that
the work was paid for from the borrower's own funds.
• If the rehabilitation work has not been completed, the appraiser must
review the plans and specifications (and attach them to the appraisal
report) and provide an opinion of the "as completed" value of the
property. The "as completed" value must be supported by market data that
demonstrates the contributory value of the repairs and renovations. We
will not require a second appraisal after completion of the repairs or
renovations -- as long as the appraiser provides a certification of
completion stating that the work was completed in accordance with the
plans and specifications. (If the original appraiser is not available to
make the certification of completion, the lender may use a substitute
appraiser provided that the appraiser reviews the original "as
completed" appraisal so that he or she can certify that the property was
completed in accordance with the plans and specifications.)
XI, 306: Mixed-Use Properties (05/06/99)
Although we will purchase or securitize mortgages that are secured by
properties that have a business use in addition to their residential use
-- such as a property with space set aside for a day care facility, a
beauty or barber shop, a doctor's office, a small neighborhood grocery
or specialty store, etc. -- we have special eligibility criteria for
them. Therefore, the appraiser must provide an adequate description of
the mixed-use characteristics of the subject property in the appraisal
report and the lender must make sure that it considers these criteria
and adequately addresses them. Specifically, for a mixed-use property to
be acceptable, the following criteria must be met:
• The property must be a one-family dwelling that the borrower occupies
as a principal residence.
• The mixed use of the property must represent a legal, permissible use
of the property under the local zoning requirements.
• The borrower must be both the owner and the operator of the business.
• The property must be primarily residential in nature.
• The market value of the property must be primarily a function of its
residential characteristics, rather than of the business use or any
special business-use modifications that were made.
XI, 307: Properties Affected by Environmental Hazards (06/30/02)
If the real estate broker, the property seller, the property purchaser,
or any other party to the mortgage transaction informs the lender that
an environmental hazard exists in or on the property or in the vicinity
of the property, the lender must disclose that information to the
appraiser and note the individual mortgage file accordingly. (We also
require the lender to disclose such information to the borrower, and to
comply with any state or local environmental laws regarding disclosure.)
[Page : 1130 06/30/02]
When the appraiser has knowledge of any hazardous condition (whether it
exists in or on the subject property or on any site within the vicinity
of the property) -- such as the presence of hazardous wastes, toxic
substances, asbestos -- containing materials, urea-formaldehyde
insulation, radon gas, etc. -- he or she must note the hazardous
condition in the appraisal report and comment on any influence that the
hazard has on the property's value and marketability (if it is
measurable through an analysis of comparable market data as of the
effective date of the appraisal) and make appropriate adjustments in the
overall analysis of the property's value.
We do not consider the appraiser to be an expert in the field of
environmental hazards. The typical residential real estate appraiser is
neither expected nor required to be an expert in this specialized field.
However, the appraiser has a responsibility to note in the appraisal
report any adverse conditions that were observed during the inspection
of the subject property or information that he or she became aware of
through the normal research involved in performing an appraisal.
In rare situations, a particular environmental hazard may have a
significant effect on the value of the subject property, although the
actual effect is not measurable because the hazard is so serious or so
recently discovered that an appraiser cannot arrive at a reliable
opinion of market value because there is no comparable market data (such
as sales, contract sales, or active listings) available to reflect the
effect of the hazard. In such cases, the mortgage will not be eligible
for delivery to us.
We will purchase or securitize a mortgage secured by a property that is
affected by an environmental hazard if the effect of the hazard is
measurable through an analysis of comparable market data as of the
effective date of the appraisal and the appraiser reflects in the
appraisal report any adverse effect that the hazard has on the value and
marketability of the subject property or indicates that the comparable
market data reveals no buyer resistance to the hazard. To illustrate: We
are frequently asked to address the eligibility of mortgages secured by
properties that are located in neighborhoods affected by radon gas or
the presence of hazardous wastes. In such situations, we expect the
appraiser to reflect any adverse effect or buyer resistance that is
demonstrated and measurable through the available comparable market
data. Therefore, when a property is located in a neighborhood that has a
relatively high level of radon gas or is near a hazardous waste site, we
expect the appraiser to consider and use comparable market data from the
same affected area because the sales prices of settled sales, the
contract sales prices of pending sales, and the current asking prices
for active listings will reflect any negative effect on the value and
marketability of the subject property.
Although our guidelines expressly require the appraiser to include in
the appraisal report comments about any influence that an environmental
hazard has on the value and marketability of the property and to make
[Page : 1131 03/20/95] appropriate adjustments to the overall analysis
of the value of the property, we expect the lender to oversee the
performance of the appraisers it employs. The lender must make the final
decision about the need for inspections and the adequacy of the property
as security for the mortgage requested. We expect the lender to exercise
sound judgment in determining the acceptability of the property. For
example, since we require the appraiser to comment on the effect of a
hazard on the marketability and value of the subject property, the
appraiser would have to note when there is market resistance to an area
because of environmental hazards or any other conditions that affect
well, septic, or public water facilities. When the lender has reason to
believe that private well water that is on or available to a property
might be contaminated as the result of the proximity of the well to
hazardous waste sites, the lender is exercising sound judgment if it
obtains a "well certification" to determine whether the water meets
community standards.
XI, 308: Urban Properties (03/20/95)
The valuation of properties in urban locations that are undergoing
rehabilitation may also present some unique property valuation and
underwriting issues. For example, some lenders underwrite mortgages in
urban areas on a block-by-block basis. Block-by-block underwriting and
appraisal analysis is acceptable in cases in which rehabilitation has
started in the block in which the subject property is located (or in
facing blocks that are visible to the property), but has not yet spread
to the rest of the neighborhood. This enables the appraiser and the
lender's underwriter to place weight on the positive influences of the
rehabilitation efforts.
To a large extent, a block-by-block analysis simply focuses on the
appraiser's definition of the neighborhood. Urban locations that are
undergoing rehabilitation may involve relatively small neighborhoods
(perhaps limited to a block or just a few blocks) because of the level
of rehabilitation and buyer demand for properties that are being
improved. In such cases, it is appropriate for the appraiser to
emphasize the sales of properties that are undergoing rehabilitation (or
that have been rehabilitated) in the immediate neighborhood (which is
the block in which the property is located or facing blocks that are
visible to the property). We expect the appraiser to demonstrate that
local market conditions make block-by-block analysis appropriate, by
illustrating that market evidence indicates that the rehabilitation of
the properties in the neighborhood (or the general revitalization of the
neighborhood) is a trend, not an isolated occurrence. If there is a lack
of truly comparable sales in the neighborhood -- either because of the
level of rehabilitation or the relatively low number of sales
transactions -- the appraiser may need to analyze and use as comparable
sales not only less similar properties from the subject neighborhood,
but also properties from competing neighborhoods.
XI, 309: Affordable Housing Program Properties (03/20/95)
[Page : 1132 03/20/95]
Our standard appraisal policies and property underwriting guidelines
apply to all mortgages we purchase, including those originated under
affordable housing programs. Our standards specifically prohibit
redlining and other unacceptable appraisal practices, and support the
valuation of residential properties in all markets. The valuation of
single-family properties that secure mortgages sold to us under
affordable housing programs may present unique issues because of some of
the features offered -- such as below-market-rate financing, subsidized
second mortgages, grants, and tax abatements.
The appraiser's role does not change when appraising a property that is
sold under an affordable housing program. The appraiser is responsible
for providing the lender with an accurate and adequately supported
opinion of market value for the real property (based on our standard
definition of market value) and a complete, accurate description of the
property. The appraiser's opinion of the market value for the property
must reflect the normal consideration for the property as of the
effective date of the appraisal. Furthermore, the appraiser must adjust
the comparable sales to reflect the effect of special or creative
financing or sales concessions that were granted by any party associated
with the sale of the property.
One of the options available for our community lending products --
Community Seconds -- has three components -- a low downpayment from the
borrower, a conventional first mortgage, and a subsidized second
mortgage. (See Part VIII, Chapter 2, for more information.) When this
option is used, it would not be uncommon, for example, for the first
mortgage to have a market-rate of interest and a loan-to-value ratio of
70% combined with a below-market interest rate second mortgage that has
a loan-to-value ratio of 25% and forgivable or deferred terms. In such
cases, buyers may be willing to pay a higher price for the property
because of the special financing terms for the second mortgage. To
acknowledge this, the appraiser needs to compare the property being
appraised to comparable properties that sold without special financing
terms and to make appropriate adjustments to any of the comparable sales
that were sold with special or below-market-rate financing. To take this
example further, assume that the security property for a Community
Seconds transaction sold for $100,000 as part of a local affordable
housing redevelopment effort that included several similar transactions
in the same neighborhood -- and that the amount of the first mortgage is
$70,000 and the amount of the subsidized second mortgage is $25,000. If
similar houses that had market-rate financing sold for $97,500, the
appraiser (assuming that all other factors are equal) would need to
adjust the comparable sales that had special financing to reflect the
$2,500 premium that the buyer was willing to pay for the special
financing package associated with the Community Seconds transaction. The
lender's underwriter would then make his or her underwriting decision
based on the knowledge that the appraiser valued the real property at
$97,500, rather than the sales price of $100,000. Because [Page : 1133
03/20/95] we calculate loan-to-value ratios based on the lower of the
sales price or the appraised value, the underwriter should keep in mind
that the actual loan-to-value ratio for the first mortgage would be 72%
($70,000/ $97,500) and the combined loan-to-value ratio for the first
and second mortgages would be 98% ($95,000/$97,500), rather than the 70%
and 95% ratios that result when the sales price is used as the "value."
For this reason, it is critical for the underwriter to separate the
valuation of the property from the underwriting of the mortgage.
XI, 310: Properties in Special Assessment or Community Facilities
Districts (03/20/95)
Alternative methods for raising the capital necessary to satisfy utility
and infrastructure requirements are sometimes used in the development of
new residential communities. Generally, this involves the creation of
local districts -- special assessment districts or community facilities
districts -- that have the authority to assess homeowners for the cost
of developing utility services and various infrastructure facilities
(roads, sewer services, schools, police and fire protection services,
libraries, etc.). We expect the lender to know whether or not a property
is located in one of these districts and to be aware of the effect that
assessments levied by the district could have on property values and the
marketability of the subject property. The lender's appraiser,
therefore, must give special consideration to the valuation of
properties located in these districts.
XI, 310.01: Special Assessment Districts (06/30/02)
Special assessment districts (which may also be called special tax
districts or municipal utility districts) provide a specific service to
homeowners living in a designated area. They are most often established
to provide water or other utilities in areas that are not served by
existing city or municipal utility services. The need for these
districts arises when an existing utility service does not have
sufficient capacity (or may not find it economically feasible) to
provide services for newly created subdivisions that are located beyond
its current operating area. State law governing the establishment of
special assessment districts varies greatly, as does the financial
strength of the individual districts. The districts are granted the
authority to assess owners of properties within their boundaries for
funds that will be used to cover their operating costs and debt service.
Special assessment districts that are established to serve newly
developing subdivisions with utilities often base their financial plans
(and the amount of the assessment charged to each property owner) on the
expected number of properties in the area to be served. The district
then depends on the continuation of development to maintain its budget
expectations. If, for any reason, development stops short of the degree
of development that the district anticipated in preparing its budget,
the district can become financially distressed and may need to impose an
additional assessment on the existing homeowners.
When the property being appraised is located in a special assessment
district, the lender should request the appraiser to report on any
special [Page : 1134 06/30/02] assessments that affect the property. If
the special assessment district is experiencing financial difficulty and
that difficulty has an effect on the value or marketability of the
subject property, the appraiser must reflect that in his or her analysis
and note it in the appraisal report. To assure that the reaction of the
market to the potential liabilities that may arise within a financially
troubled special assessment district is reflected in his or her
analysis, the appraiser should consider current and expired listings of
properties for sale within the district and any pending contract sales
and recent closed sales within the district. There may be some instances
in which the financial difficulty of a special assessment district is so
severe that its actual effect on the value and marketability of a
property is not measurable because there is no comparable market data
available to enable the appraiser to arrive at a reliable opinion of
market value. When this is the case, a mortgage secured by a property in
that district will not be eligible for delivery to us -- at least until
such time as an active market develops that will enable the appraiser to
demonstrate the value and marketability of the subject property.
XI, 310.02: Community Facilities Districts (06/30/02)
Some jurisdictions have passed legislation that creates community
facilities districts and permits them to levy a special tax to fund the
capital costs of a wide variety of public improvements, as well as the
ongoing operation and maintenance costs of a limited number of public
services. Proceeds of the special tax are used to support the sale of
tax-exempt bonds for the various capital improvements -- roads, sewer
services, schools, police and fire protection services, and libraries --
that are allowed under the legislation.
The assessment that will be used to repay the tax-exempt bonds becomes
an ongoing responsibility of the property owner (similar to state and
local property taxes). The assessment lien (and the obligation to pay
the assessment) passes with the title to the property when ownership of
the property is transferred. The term of the assessment obligation can
be quite lengthy (up to 40 years -- unless the assessment is prepaid).
In some cases in California, prepayment estimates can range from $20,000
to $40,000 for a single-family property, depending on the extent of the
improvements that were financed, the size of the dwelling, and the year
it was purchased.
Such legislation generally requires full disclosure of the special
assessment to any purchaser of a property located in a community
facilities district. Therefore, a lender originating mortgages in
community facilities districts should disclose to the appraiser any
information that it becomes aware of regarding special assessments on a
given property. The lender also should caution its appraisers in general
about the need to be aware of whether or not the subject property and
the comparable sales are located within (or affected by) a community
facilities district since properties subject to an assessment by one of
these districts often compete against properties that are either subject
to a significantly different special assessment or to no assessment at
all. The appraiser must consider the reaction of the market (if [Page :
1135 06/30/02] any) to the assessment for the applicable community
facilities district in his or her analysis by analyzing similarly
affected comparable sales, and should note the effect of the assessment
in the appraisal report.
XI, 311: Properties Subject to Leasehold Interests (06/30/02)
When a mortgage is secured by a leasehold estate (or is subject to the
payment of "ground rent"), the borrower has the right to use and occupy
the real property under the provisions of a lease agreement (or ground
lease) for a stipulated period of time, as long as the conditions of the
lease are met. (When the lease holder is a community land trust, there
may be significant restrictions on both the purchase and resale of the
property; therefore, we provide more detailed guidance on appraising
this type of leasehold estate in Section 312 below.) The valuation of a
property that is subject to a leasehold interest may require a complex
analysis, so an appraiser should develop (and attach as an addendum to
the appraisal report form) a thorough, clear, and detailed narrative
that identifies the terms, restrictions, and conditions of the lease
agreement or ground lease and discusses what effect, if any, they have
on the value and marketability of the subject property.
In developing the sales comparison approach to value, the appraiser
generally should use as comparable sales properties that have similar
leasehold interests. When there are a sufficient number of closed
comparable sales of properties with similar leasehold interests
available, the appraiser should use them in its analysis of the market
value of the leasehold estate for the subject property and report them
in the "sales comparison analysis" grid on the applicable appraisal
report form. However, if not enough comparable sales with the same lease
terms and restrictions are available, the appraiser may use sales of
similar properties with different lease terms or, if necessary, sales of
similar properties that were appraised as fee simple estates -- as long
as he or she explains why the use of these sales is appropriate. In such
cases, the appraiser must make an appropriate adjustment on the "sales
comparison analysis" grid to reflect the market reaction to the
different lease terms or property rights appraised.
XI, 312: Leaseholds Held by Community Land Trusts (06/30/02)
Community land trusts are typically nonprofit organizations that acquire
land for a variety of reasons -- such as to facilitate homeownership
among lower-income individuals and families or to maintain a permanently
affordable housing stock in a given community. To reduce development
costs to an affordable level, a community land trust uses grants, gifts,
and subsidy dollars to acquire land (and then retains ownership of that
land). The sales price for the improvements situated on the land does
not include the subsidy amount used to acquire the land, which means
that a borrower will pay a lower purchase price for his or her home
(often less than the leasehold interest in the property). The trust
offers the borrower a long-term (typically 99 years), renewable ground
lease. Because of the affordable terms that it offers, a community land
trust usually includes in its ground [Page : 1136 06/30/02] lease
restrictions on borrower eligibility, as well as on the resale of the
property improvements.
In selecting an appraiser to provide an opinion of value for a leasehold
held by a community land trust, the lender must make sure that the
appraiser is knowledgeable and experienced in the appraisal techniques
-- direct capitalization and market derivation of capitalization rates
-- that are necessary to appraise this type of property.
When a leasehold interest is held by a community land trust, the
appraiser must analyze the property subject to the ground lease. Since
the community land trust typically subsidizes the sales price to the
borrower, that price may be significantly less than the market value of
the leasehold interest in the property. The resale restrictions (as well
as other restrictions) that may be included in the ground lease can also
affect the value of the property. However, we have developed a ground
lease rider that the lender and the borrower must execute to remove such
restrictions from the community land trust's ground lease (see Part
VIII, Section 302). The land records for the subject property must
include adoption of the terms and conditions that are incorporated in
this ground lease rider. In view of these concerns, it is important that
the appraised value of the leasehold interest in the property be well
supported and correctly developed.
The appraiser must use a three-step process to develop his or her
opinion of value -- (1) determine the fee simple value of the property
by using the sales comparison analysis approach to value, (2) determine
the applicable capitalization rate (and convert the income from the
ground lease into a leased fee value by using the market-derived
capitalization rate), and (3) determine the leasehold value by reducing
the fee simple value by the leased fee value. When this appraisal
technique is used, there is no need to document the actual land value of
the security property. The appraiser must develop the opinion of value
for the leasehold interest under the hypothetical condition that "the
property rights being appraised are the leasehold interest without the
resale and other restrictions that our ground lease rider removes when
we have to dispose of a property acquired through foreclosure." The
lender should advise the appraiser that he or she must include the
following statement in the appraisal report:
This appraisal is made on the basis of a hypothetical condition that the
property rights being appraised are the leasehold interest without
resale and other restrictions that are removed by the Uniform Community
Land Trust Ground Lease rider.
XI, 312.01: Determining the Fee Simple Value (06/30/02)
In determining the fee simple value of the subject property, the
appraiser should generally use as comparables sales of similar
properties that are owned as fee simple estates. However, if this is not
possible, the appraiser may use sales of properties that are subject to
other types of leasehold [Page : 1137 06/30/02] estates -- as long as he
or she makes appropriate adjustments (based on the terms of their
leases) to reflect a fee simple interest.
When the community or neighborhood has sales activity for other
leasehold estates held by a community land trust, the appraiser should
discuss them in the appraisal report, but should not use them as
comparable sales since, in all likelihood, the sales prices will have
been limited by restrictions in the ground lease (and thus the sales
transaction would not be comparable to the hypothetical condition -- no
restrictions -- on which we require the appraisal of the subject
property to be based).
XI, 312.02: Determining the Capitalization Rate (06/30/02)
When the community has an active real estate market that includes sales
of properties owned as fee simple estates and sales of properties
subject to leasehold estates (other than those held by community land
trusts), the appraiser can use the most direct method for determining
the capitalization rate -- extracting it from the market activity (with
all things being equal). To extract the capitalization rate, the
appraiser should divide the annual ground rent for the properties
subject to leasehold estates by the difference in the sales prices for
the comparable sales of properties owned as fee simple estates and the
comparable sales of properties subject to leasehold estates.
If there are no available comparable sales of properties subject to
leasehold estates (other than those held by a community land trust), the
appraiser may develop a capitalization rate by comparing alternative
low-risk investment rates (such as the rates for long-term bonds) and
selecting a rate that best reflects a "riskless" (safe) rate.
XI, 312.03: Determining the Leasehold Value (06/30/02)
To determine the leasehold value of the subject property, the appraiser
must first convert the annual income from the community land trust's
ground lease into a leased fee value by dividing the income by the
market-derived capitalization rate. The appraiser should then reduce the
estimated fee simple value of the subject property by this leased fee
value to arrive at his or her opinion of the leasehold value of the
subject property.
Example: Assume that the annual ground rent from the community land
trust's ground lease is $300, the market-derived capitalization rate is
5.75%, and the estimated fee simple value of the subject property is
$100,000.
• $300 annual rent/5.75% capitalization rate = $5,217.39 (rounded to
$5,200)
• $100,000 fee simple value -- $5,200 leased fee value = $94,800
(leasehold value)
Because our appraisal report forms do not include space to provide all
of the details required for appraising a property subject to a leasehold
held by a community land trust, the appraiser will need to attach an
addendum to the appraisal report to provide any information that cannot
otherwise [Page : 1138 06/30/02] be presented on the appraisal report
form. On the actual appraisal report form, the appraiser should indicate
"leasehold" as the property rights appraised, provide the applicable
ground rent paid to the community land trust, show the estimated fee
simple value for the property in the "sales comparison analysis" grid,
and report the "leasehold value" as the indicated value conclusion. The
appraiser should also check the box for "subject to the following
repairs, alterations, or conditions" and add the following at the end of
that statement: "See attached addendum for development of capitalization
rate and an expanded discussion of the comparable sales used and
considered."
XI, 313: Energy-Efficient Properties (06/30/02)
A lender may consider a newly constructed dwelling as energy-efficient
if it is built in compliance with qualifying energy conservation
programs that the National Association of Home Builders (NAHB)
classifies as meeting the NAHB Thermal Performance Guidelines or if it
is constructed in a manner that meets or exceeds the standards
established by the Council of American Building Officials (CABO) 1992
Model Energy Code. New construction -- as well as existing homes -- may
also be qualified as energy-efficient through an appraiser's or an
energy consultant's development of an energy-efficient rating using
either a rating form from the Energy Rated Homes of America or Part 1 of
our Energy Addendum (Form 1004A).
The appraiser must include an evaluation of the energy-efficient
characteristics of the property and an overall rating -- of "high"
"adequate," or "low" -- for the energy efficiency of the dwelling in the
applicable appraisal report form. The lender may take the energy savings
into consideration when evaluating the borrower's debt-to-income ratio,
if the property receives an overall rating of "high" (as discussed in
Part X, Section 302.08). Generally, a dwelling must include features
from each of the following three major categories to receive a "high"
rating:
A. Insulation and infiltration. We require insulation with adequate "R"
values and infiltration barriers in the form of the following:
• Insulation in ceilings, roofs, or attic floors that are over
conditioned spaces, in exterior walls, under floors that cover unheated
areas, around slabs, around heating or cooling ducts or pipes that run
through unconditioned spaces, around the sill area, and around the water
heater;
• Special fireplace devices or features, such as combustion-air and
-flue dampers, and a fire door;
• Sealing of the sole plate and penetrations of the exterior shell; and
• Dampers for exhaust fans.
B. Windows and doors. We require either double- or triple-pane windows
or storm windows, and either storm doors or insulated doors. We also
require caulking and weatherstripping around windows and door areas and
at the sill area. [Page : 1139 06/30/02]
C. Heating and cooling systems. We require the following types of
heating and cooling systems:
• New efficient heating and cooling systems, or appropriate
modifications to an existing system;
• Zoned heating and/or air conditioning;
• Automatic set-back thermostats; or
• Solar equipment or design.
Regardless of the method used for qualifying a dwelling as
energy-efficient, the appraiser must consider the reaction of the market
to the energy-efficient improvements (or proposed alterations) and
reflect their contributory value in the "sales comparison analysis"
adjustment grid. This adjustment must be based on the appraiser's
analysis of comparab | |