Is a new law stopping the Real estate market from recovering?

This past May 1, there were serious changes enacted regarding the appraisal process, particularly in how appraisals are ordered for conventional loans called HVCC.



This brought many changes and like with any big shift there is a lot of confusion of what is allowed and what is not.



In short and very simplified terms ,the biggest change is that before that day, the appraisal was ordered by the loan officer, from an appraiser of his choice, or if agreed either seller or buyer could suggest and use an appraiser of their choice.

Under the new order of things the loan officer can not have any contact whatsoever with the appraiser and of course he has no say on who that appraisal will be, the appraiser will be retained from a central pool of approved appraisers. The appraisal has to be fully executed before any opinion of value is given and it is not permitted to ask for a second appraisal without just disqualification of the first, having an appraiser who is unfamiliar with a particular area perform the appraisal does not constitute reason enough to disqualify an appraisal.



It does not sound like a huge change yet it is.



I have recently been helping clients purchase a home in the San Diego area. Some of them are in the 500,000.00 and under price range. What we have found would surprise many that think that the Real Estate market is still trending down. Most homes that hit the market in this price range, if priced correctly, will start getting offers within an hour or so of getting listed. Most of them we have seen are getting multiple offers, what that translates to is properties getting offers at well over asking price because it becomes a bidding war, just what a seller dreams of.

Yet, there is big problem, this is where the appraisal becomes an impediment to the escrow being able to close. The reality is, the appraisal process is taking much longer because some of this appraisers take in some cases even over 2 weeks to do the appraisal by which time the contingencies need to be removed in some cases even before the appraisal was completed putting buyers in a tough situation. Also, some of this appraisals are coming back very low because appraisers are trying to cover themselves since they they have been blamed for contributing to the current Market crisis by inflating home values, they are now erring on the side of prices trending down and coming back with very low appraisals.

So...we have an contract that is on the upper side of the spectrum vs. an appraisal that is in the very low end of the spectrum, the result is that the loan will not fund, and escrow will not be able to close unless:
1)The buyer is able and willing to come in with much more cash to balance off the difference and the lender is OK with that.
2)The buyer and seller re-negotiate the price. Keeping prices down.



It turns out that that little change in the home selling process has made many transactions stall and fall out of escrow and has limited the ability of the market to begin to start trending up.



Another result of this change is that appraisals have become much more expensive, that cost is usually paid for by the buyers who will have no guarantee that the home they are purchasing the appraisal for will be theirs even when both parties really have come to an agreement and are happy and in accordance with all terms.



At this point, this has become such a clear and present problem that the president of the National Association of Realtors has been invited to go speak about it in Washington so that they can address it and hopefully correct it, let's just hope the correction comes soon and in the right form.