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#1920175 - 05/05/14 06:01 PM Reg. B appraisal delivery
questioning Offline
100 Club
Joined: May 2002
Posts: 195
I'm looking for clarification on mixed-use properties and whether we have to send copies of the appraisals. Two examples:
1. Building containing 4 apartments and 2 retail spaces- should we go by % of use or just the fact that it contains dwellings requires us to send?
2. 12 4-unit condo buildings appraised as one property- do we send because they are dwellings or not because the property contains multiple buildings?

Any help would be appreciated.

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Interagency (Reg Z) and CFPB Reg B Appraisal Rules
#1920245 - 05/05/14 09:16 PM Re: Reg. B appraisal delivery questioning
Carolina Blue Offline
Platinum Poster
Carolina Blue
Joined: Jul 2005
Posts: 961
Lost in a regulatory fog
Unfortunately, they did not leave you many exemptions. If the loan is to be secured by a 1-4 family dwelling then the appraisal rules apply. The only clarification you'll find is in a footnote in the commentary. If you search other thread you'll see it referred to as Footnote 79.
Quote:
79 With respect to the example raised by a creditor and two national creditor associations – three four-unit buildings operated as a 12-unit apartment complex, the text of the rule makes clear that a four-unit residential building would be a dwelling, but a 12-unit apartment complex is not. Thus a transaction secured by a four-unit residential building would be covered by the rule, but a transaction secured by the entire 12-unit apartment complex would not be.
....Similarly, the definition of “dwelling” refers to the example of an “individual condominium or cooperative unit,” but not to a cooperative building as a whole, even though such a building may contain several individual units.

1- you'll have to look to the footnote to determine if the apartments are 1-4 family; percent of usage (compared to retail space) would not matter
2- See footnote, one unit- Yes, whole building- No

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