I'm really not sure....i think i need to know WHOSE responsibility (the lender's or the borrower's) it is deemed to be to have known these rules (since this doesn't seem like a one-off, someone SHOULD have known it seems). If it was the borrower's responsibility, i can see making the argument that the 2nd appraisal could be a valid CC (if captured within 3 business days of learning of it) based on that. If it's considered to be the lender's responsibility, then no.
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I'm fixin' to fix that.