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#829934 - 10/05/07 06:40 PM Notice of Right to Receive Copy of Appraisal???
Anonymous
Unregistered

I've always been under the impression that a financial institution must provide the applicant with a notice of right to receive a copy of appraisal, even if the financial institution never made it to the point of ordering an appraisal. To me, it seems a little crazy offering a copy of an appraisal if you don't have one to begin with. Does anyone have any insight on this matter?

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#830005 - 10/05/07 07:17 PM Re: Notice of Right to Receive Copy of Appraisal??? Anonymous
Nanwa Offline
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Nanwa
Joined: Oct 2001
Posts: 5,564
Clintonville, WI, USA
Our mortgage application forms all include this disclosure, so it is not a separate form/disclousre. I think it is understood that if no appraisal was ordered or used, there is nothing to receive.
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#830017 - 10/05/07 07:22 PM Re: Notice of Right to Receive Copy of Appraisal??? Nanwa
David Dickinson Offline
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David Dickinson
Joined: Nov 2000
Posts: 18,763
Central City, NE
I agree there is no exemption stating "if no appraisal was ordered you don't have to give the disclosure". It only says "if you have a 1-4 family dwelling as collateral, you must give the disclosure (or give a copy of the appraisal)". But (forgive me) it's only common sense.

Assume:
I give you the disclosure.
You ask me of a copy of the appraisal.
I tell you I didn't order an appraisal.
You ask "why did you give me this disclosure then?"
I say "because federal regulations require me to give it to you"

I've never seen a bank cited or heard of a bank being criticized for not giving the disclosure if an appraisal is not used.
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David Dickinson
http://www.bankerscompliance.com

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#830020 - 10/05/07 07:23 PM Re: Notice of Right to Receive Copy of Appraisal??? Nanwa
Nanwa Offline
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Nanwa
Joined: Oct 2001
Posts: 5,564
Clintonville, WI, USA
Ooops, I meant the disclosure is on the GFE, not the application. My bad!
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#830021 - 10/05/07 07:23 PM Re: Notice of Right to Receive Copy of Appraisal??? Anonymous
ktac MITCH Offline
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ktac MITCH
Joined: May 2005
Posts: 1,813
Giant side of TX
The definition of appraisal, as it applies to this requirement, is basically whatever the bank uses to determine a value. This can be a conforming appsl, non-conforming, market value estimate by a realtor, in-house evaluation, etc.
This comes from 202.14(c) & says "...appraisal report means the document(s) relied upon by a creditor in evaluating the value of the dwelling."
And FWIW, I agree with David, if the customer withdraws or you deny before you "evaluate the value" ; even an examiners common sense kicks in & says no determination = no notice needed.
Last edited by ktacMITCH; 10/05/07 07:30 PM.
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