For federally related transactions, all appraisals shall, at a minimum:
(a) Conform to generally accepted appraisal standards as evidenced by the Uniform Standards of Professional Appraisal Practice (USPAP) promulgated by the Appraisal Standards Board of the Appraisal Foundation, (www.appraisalfoundation.org), unless principles of safe and sound banking require compliance with stricter standards;
(b) Be written and contain sufficient information and analysis to support the institution's decision to engage in the transaction;
(c) Be subject to appropriate review for compliance with the Uniform Standards of Professional Appraisal Practice;
(d) Analyze and report appropriate deductions and discounts for proposed construction or renovation, partially leased buildings, non-market lease terms, and tract developments with unsold units;
(e) Be based upon the definition of market value as set forth in this subpart; and
(f) Be performed by State licensed or certified appraisers in accordance with requirements set forth in this subpart.
[59 FR 29500, June 7, 1994, as amended at 79 FR 28400, May 16, 2014; 84 FR 53597, Oct. 8, 2019]
Notes of Decisions
People v. First Am. Corp., 960 N.E.2d 927 (NY 2011).
· cites it 4× “" USPAP, incorporated into both federal and New York law ( see 12 CFR 34.44; 19 NYCRR 1106.1), requires appraisers to "perform assignments with impartiality, objectivity, and independence, and without accommodation of personal interests" (Advisory Standards Board, USPAP, Ethics…”
Graham v. Bank of Am., N.A., 14 Cal. Daily Op. Serv. 5744 (Cal. Ct. App. 2014).
“( 12 C.F.R. § 34.44 (2014).) The federal regulations governing appraisals define market value as “the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and…”
Bolden v. KB HOME, 618 F. Supp. 2d 1196 (C.D. Cal. 2008).
· cites it 2× “12 C.F.R. § 34.44 (OCC); 12 C.F.R. § 225.”
Watkins v. Wells Fargo Home Mortg., 631 F. Supp. 2d 776 (S.D.W. Va 2008).
“12 C.F.R. § 34.44 (b), (e). Rather, it complains that “[t]he loan agreement with [Plaintiff] was part of a scheme to originate loans based .”
People ex rel. Cuomo v. First Am. Corp., 24 Misc. 3d 672 (N.Y. Sup. Ct. 2009).
“Moreover, FIRREA sets forth requirements for using state certified and licensed appraisers in federally related transactions, 3 and permits the establishment of state agencies devoted to certifying and licensing appraisers ( 12 USC §§ 3331 , 3336; 12 CFR 34.44, 546.3). It also…”
Henry v. J.P. Morgan Chase Bank CA2/4 (Cal. Ct. App. 2014).
“” ( 12 C.F.R. § 34.44 (a); see also § 34.42(g) [defining “market value” as “the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer 15 and seller each acting prudently and knowledgeably, and…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.