I
want to thank you for your kind invitation to the First Annual Eastern
Regional Conference for the American Guild of Appraisers. Unfortunately,
due to the senseless tragedies that shook our nation this past week, I
am unable to be with you today. However, I wish to reassure you that
the Congress is united in spirit with every citizen of our country.
Our government is mobilized now to provide assistance to the victims of
the attack, to take protective security measures, and to bring to justice
those responsible for this atrocity.
I
want to begin by thanking the American Guild of Appraisers, President William
Sentner, the AFL-CIO and all of you for all your hard work on behalf of
the millions of homebuyers. All across the nation, potential homebuyers
and homeowners rely on you to provide honest and accurate assessments of
the value of residential and commercial buildings. Your advice to
consumers can make or break a real estate deal. As appraisers, you
help reduce fraud, foreclosure risk, and the possibility that buyers will
get stuck with high mortgages for homes worth a lot less.
You
are professionals who play an integral role during the complicated home
buying process and in the lending market. Based largely on your fair,
accurate, and unbiased assessment, homebuyers make decisions on the largest
investment of their lifetime. And as appraisers, you represent the
last line of defense between future homebuyers and the often unmanageable,
confusing and increasingly predatory real estate market.
But
your profession is facing a real threat. Some brokers and lenders are finding
ways to get around you and to pressure you to provide inaccurate appraisals.
No matter the condition of the property or other factors, many lenders
and brokers are expecting you to meet a certain price. Otherwise,
you, the appraiser, will pay the price in the future. In other words,
you will get less business or you may even lose your business for wanting
to do the right thing.
For
the past two years, I have been working to stop predatory lending practices
and pressures on independent appraisers. My staff and I have been briefed
about this situation by your President Bill Sentner. I have heard
numerous reports of appraiser intimidation. Recently, I read
that an appraiser in Oklahoma lost business for refusing to “fudge” the
numbers. He appraised a home for $68,200, but the lender wanted the
buyer to pay $87,000. And the buyer, especially in today’s tight
housing market, was happy to pay that much. The lender found another
way to get the “right” appraisal and now, the owner is stuck with a home
that is worth less than the mortgage.
That’s
why I was very proud to introduce the Save our Homes Act of 2001, H.R.
2531, a comprehensive initiative that will protect homeowners and buyers
from the growing predatory lending practices in the mortgage industry,
including the coercion of appraisers. Those unsavory practices have
led to a staggering increase in home foreclosures in many parts of the
country.
I
believe, like you do, that homebuyers need protections from predatory lenders
and brokers out to make a fast buck by destroying the lives of families
and stealing away the equity they’ve built over the years in their homes.
Predatory lenders are thieves, preying on consumers who are house rich,
but cash poor. They don’t wear ski masks or hold a gun to your head.
They come knocking on your door with neckties and loan papers, charge you
credit card high interest rates, and steal the equity that you’ve built
in your home.
The
Save our Homes Act would attack predatory practices in the mortgage industry
such as high interest rates, single premium insurance products, loan flipping
and churning, unilateral call provisions, and loans made without regard
to the borrower’s ability to pay. The legislation would also give
consumers the ability to recover all interest, fees, and principal from
lenders and mortgage brokers.
And
working with the American Guild of Appraisers and those who believe that
the work of an appraiser must truly remain independent, I included a provision
to ensure that appraisers are free to give accurate appraisals and that
they are free from intimidation or coercion. Specifically, the provision
states:
No
creditor or mortgage broker may compensate, directly or indirectly, coerce,
or intimidate an appraiser for the purpose of influencing the independent
judgment of the appraiser with respect to the value of real estate that
is to be covered by a conforming home loan or is being offered as security
according to an application for a conforming home loan.
Consumers
have a right to know. They have a right to know how much a property
is really worth. They have a right to be confident that your appraisal
is true and unbiased, and they have a right to feel safe when they sign
on that dotted line. And you have a right to carry out your job with
honesty and integrity, without pressure or harassment. Together we can
help guarantee that right by working side by side to drive predators out
of business and restore honesty to the marketplace. |