An Act Regarding the Registration of Appraisal Management Companies
Sec. 1. 32 MRSA c. 124-A is enacted to read:
CHAPTER 124-A
APPRAISAL MANAGEMENT COMPANY REGISTRATION
§ 14041. Short title
This chapter may be known and cited as "the Appraisal Management Company Registration Act."
§ 14042. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
(1) Employees of the entity; or
(2) Part of an appraiser panel that includes more than 15 appraisers who are independent contractors to the entity;
"Appraisal management company" does not include a department or division of an entity that provides appraisal management services only to that entity.
(1) Providing administrative services;
(2) Receiving appraisal orders and appraisal reports;
(3) Submitting completed appraisal reports to creditors and secondary market participants;
(4) Collecting fees from creditors and secondary market participants for services provided; and
(5) Paying appraisers for services performed; and
§ 14043. Registration required
§ 14044. Expiration of license
Unless renewed, a registration issued by the board pursuant to this chapter expires on December 31st of every other year.
§ 14045. Registration fees
§ 14046. Owner requirements
§ 14047. Controlling persons
§ 14048. Employee requirements
An appraisal management company that is registered or applies for registration or renewal of registration may not:
§ 14049. Denial of registration
The board may deny or refuse to renew an application for a registration to operate as an appraisal management company if the applicant fails to satisfy a requirement of this chapter or the board determines that the applicant:
§ 14049-A. Appraiser panel
For the purpose of determining whether within a 12-month period an appraisal management company oversees an appraiser panel of more than 15 state-certified or state-licensed appraisers in a state or 25 or more certified or licensed appraisers in 2 or more states and therefor qualifies as an appraisal management company pursuant to this chapter, the following provisions apply.
§ 14049-B. Appraiser engagement
Prior to placing an appraisal assignment with an appraiser on an appraiser panel, an appraisal management company shall verify that the appraiser receiving the appraisal assignment is licensed under chapter 124.
§ 14049-C. Appraisal review
An employee of or independent contractor to an appraisal management company who performs an appraisal review for real property located in this State must be licensed under chapter 124.
§ 14049-D. Appraisal management company operational and record-keeping requirements
An appraisal management company registered under this chapter shall make all records required to be maintained by the appraisal management company available for inspection by the board upon reasonable notice to the appraisal management company.
§ 14049-E. Compensation of appraisers
§ 14049-F. Statement of fees
When reporting fees to a client, an appraisal management company shall separately indicate the fees paid to an appraiser for the completion of an appraisal service and the fees charged by the appraisal management company to the client for appraisal management services.
§ 14049-G. Prohibited practices
(1) Altering or removing the signature or seal of the appraiser; or
(2) Adding information to, removing information from or changing information contained in the results of the completed appraisal service, including any disclosure authorized by this chapter submitted by an appraiser in or with the appraisal report;
(1) There is a reasonable basis to believe that the initial appraisal was flawed or tainted and that basis is clearly and appropriately noted in the loan file;
(2) The subsequent appraisal or automated valuation model is done under a bona fide prefunding or postfunding appraisal review or quality control process; or
(3) The subsequent appraisal or automated valuation model is otherwise required or permitted by federal or state law;
(1) Complete an appraisal service if the appraiser determines the appraiser does not have the necessary expertise for the specific geographic area and the appraiser has notified the company of that determination;
(2) Prepare an appraisal report under a schedule that the appraiser believes does not afford the appraiser the ability to meet all the relevant legal and professional obligations if the appraiser has notified the company of that belief;
(3) Provide the appraisal management company with the digital signature or seal of the appraiser;
(4) Modify any aspect of an appraisal report without the agreement of the appraiser that the modification is appropriate;
(5) Engage in any act or practice that does not comply with the Uniform Standards of Professional Appraisal Practice;
(6) Engage in any act or practice that does not comply with any assignment conditions and certifications required by a client;
(7) Engage in any act or practice that impairs or attempts to impair the independence, objectivity or impartiality of an appraiser;
(8) Enter into an agreement to not serve on the appraiser panel of another appraisal management company;
(9) Indemnify or hold harmless the appraisal management company against liability except liability for errors and omissions by the appraiser; or
(10) Pay a fee imposed on the appraisal management company by the federal appraisal subcommittee.
(1) Consider additional appropriate property information, including the consideration of additional comparable properties to make or support an appraisal;
(2) Provide further detail, substantiation or explanation of the appraiser's conclusion regarding values; or
(3) Correct errors in the appraisal report;
§ 14049-H. Mandatory reporting
An appraisal management company that has a reasonable basis to believe an appraiser is failing to comply with the Uniform Standards of Professional Appraisal Practice in a manner that materially affects the conclusion of value contained in an appraisal report, is violating applicable laws or is otherwise engaging in unethical or unprofessional conduct shall refer the matter to the board.
§ 14049-I. Registration number
The board shall issue a unique registration number to each appraisal management company registered in this State. The board shall publish annually a list of registered appraisal management companies that have been issued a registration number pursuant to this section.
§ 14049-J. Advertising
An appraisal management company registered in this State shall disclose the registration number provided to it by the board under section 14049-I on all print and electronic advertising, including any advertising or communication via the Internet.
§ 14049-K. Appraiser panel management
Except within the first 30 days after an appraiser is added to an appraiser panel, an appraisal management company may not remove an appraiser from its appraiser panel or otherwise refuse to assign requests for real estate appraisal services to an appraiser without notifying the appraiser in writing and identifying the reasons why the appraiser is being removed from the appraiser panel and providing an opportunity for the appraiser to respond to the notification.
§ 14049-L. Background checks
An appraisal management company registered or applying for registration in this State that requires an appraiser to submit to a criminal background check as a condition of employment or contractual relationship shall accept a criminal background check that has been performed within the preceding 12 months and that substantially conforms to the requirements for a criminal history records check to obtain a license under chapter 124.
§ 14049-M. Disciplinary proceedings
§ 14049-N. Board powers
The board may:
SUMMARY
This bill enacts the Appraisal Management Company Registration Act. Under the bill, appraisal management companies must obtain registration by the Board of Real Estate Appraisers. Appraisal management companies are entities that provide appraisal management services to creditors or secondary mortgage market participants with appraisers who are employees of the entity or part of an appraiser panel made up of independent contractors, that provide services in connection with valuing a consumer's principal dwelling as security for a consumer credit transaction or incorporating such transactions into securitizations and that oversee appraiser panels in one or more states. Appraisal management services provided by appraisal management companies include recruiting, selecting and retaining appraisers; contracting with appraisers to perform appraisal assignments; managing the process of having an appraisal performed; and reviewing and verifying the work of appraisers.