On February 23, 2009, NAMB, with the support of Baker & Hostetler
LLP, filed a lawsuit against the Federal Housing Finance Agency (FHFA)
over the controversial Home Valuation Code of Conduct (HVCC) included
in the appraisal agreements between the FHFA, New York Attorney General
Andrew Cuomo, and GSEs Fannie Mae and Freddie Mac.
The lawsuit argues that the HVCC is a "de facto" regulation
and holds the FHFA in violation of the Administrative Procedures
Act of 1992. The HVCC is arbitrary and capricious, contrary to the
intent of Congress and in direct conflict with previously issued
regulations, policies and guidelines regarding appraisal standards.
NAMB strongly supports policy initiatives that seek to ban coercion
of appraisers. However, NAMB believes it is critical for mortgage
and real estate professionals to maintain an appropriate level of
contact with appraisers to ensure appraisal quality and independence.
NAMB has thus far upheld its commitment to prevent the HVCC from
taking effect on May 1, 2009, but the fight does not end with the
filed lawsuit. NAMB will increase legislative and regulatory efforts
in opposition to the HVCC, provided that its members show support
by donating to the Legal Action Legislative Fund. This fund exclusively
supports HVCC prevention efforts made by NAMB, on behalf of you.
Should the HVCC take effect, lenders will no longer accept any appraisal
report completed by an appraiser selected, retained, or compensated
in any manner by any third party including mortgage brokers.
The time to fight this threat is NOW. NAMB urges you to prevent
the HVCC from taking effect by making a $50 or more donation towards
this fight to ensure your industry's survival.
Please make a donation today to protect your profession!