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Certification #23: Intended User Clarified, Lawyers May Still Sharpen Their Pencils

Fannie Mae clarifies certification #23 on the new forms put into effect on November 1st [Appraisal Institute] [1]

“Addressing concerns of appraisers over the ‘intended user’ elements of its latest Uniform Residential Appraisal Report, Fannie Mae has issued a clarifying statement, based in part on input received from the Appraisal Institute. Mark Simpson, Fannie Mae’s director of property standards said, ‘Recognizing that there may be confusion in the appraisal community about the distinction between parties who use’ and parties who rely on appraisal reports,’ Fannie Mae has developed the following additional notice or statement that it will accept when the appraiser believes the Lender/Client is the only Intended User:”

The Intended User of this appraisal report is the Lender/Client. The Intended Use is to evaluate the property that is the subject of this appraisal for a mortgage finance transaction, subject to the stated Scope of Work, purpose of the appraisal, reporting requirements of this appraisal report form, and Definition of Market Value. No additional Intended Users are identified by the appraiser.

Fannie Mae will not accept other versions of this disclaimer. Their position is that there is nothing wrong with Certification #23 but has admitted there has been a lot of confusion over the matter.

This has been controversial since the new forms were released [Working RE]. [2] They are attempting to make the appraiser more accountable for the quality of the report and this is one of the ways FNMA thinks this will get the job done.

Before the fix, the appraiser was definitely facing unfair liability, however, with this fix, I feel more comfortable with its fairness.