On May 1, 2009 the Home Valuation Code of Conduct (HVCC) was signed into law. This was originally intended to prevent real estate agents and mortgage brokers from influencing appraisers and thus home values. However, the lawsuit filed by the National Association of Mortgage Brokers (NAMB) on February 23, 2009 indicates that problems were seen with this Code even before it was officially established.
The NAMB alleges that the HVCC will “drastically reduce the ability of mortgage brokers to provide consumers with an efficient and cost-effective means of obtaining a mortgage”. The HVCC also prevents a mortgage broker from shopping for a better rate from another lender, since they would have to get a separate appraisal from each lender, costing extra money and time that a seller may not be inclined to give. In the case of a broker negotiating a deal with a lender for a particular interest percentage rate, the control over the appraisal is all in the lender’s favor, putting the buyer at risk for paying more in interest than they originally planned to.
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