The Impact of TRID on Appraisers (2024)

The Impact of TRID on Appraisers (1)
Photo credit: Ron Frazier

Appraisers shouldn’t fear the new rules

The new TILA-RESPA Integrated Disclosure (TRID) rule for mortgage loan applications is here, and while there’s been many stories about how TRID will affect lenders and borrowers, there’s not much information on how appraisers would be affected.

With the newly implemented TRID, once borrowers receive the Loan Estimate (LE), with its loan terms and estimated costs from the lender-including appraisal fees, the appraiser cannot charge the borrower a higher fee than the initial estimate. This is because appraisal fees are in a category of costs which should be as close as possible to the lender’s initial estimate.

For example, an appraiser accepts an assignment for an agreed upon fee, but later finds that the property is more complicated than thought, which requires a higher fee according to the appraiser’s fee schedule. The appraiser cannot go back to the borrower and request a higher fee. The exception to this is if there’s a valid ‘change of circ*mstance’.

There are property attributes which may be considered atypical for the market areas and therefore fall under a valid ‘change of circ*mstance’. Although properties in rural areas may be considered complex by the appraiser, because the property address was listed at the time of disclosure, the rural location would not be considered a valid ‘change of circ*mstance’.

Here’s a short list of property attributes that may place a property in a valid ‘change of circ*mstance’ category:

  • Manufactured housing
  • Unique architectural style – log home, dome home, berm home
  • Homes with garage apartments, guest houses or in-law suites
  • Luxury homes and/or large homes
  • Homes on large acreage lots
  • Property that is unique for its market
  • Historic homes
  • Vacation-type homes (mountain, lakefront, ocean front homes)

Adding appraisal-related questions to the application process could save lenders the possible expense of incurable LE under-disclosures and delays relating to re-disclosures, and this could become a part of a lender’s best practice. This will be covered in more detail next week.

As appraisers and AMCs consider the implications and solutions for this issue, PEMCO Limited will stay abreast of all regulatory developments regarding TRID’s effect on the appraisal profession.

This article is being provided as informational purposes only and is not intended for legal advice. Please consult with your compliance officer or legal counsel for guidance on your company’s policy with regard to what constitutes a valid ‘change of circ*mstance’.

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The Impact of TRID on Appraisers (2024)

FAQs

The Impact of TRID on Appraisers? ›

With the newly implemented TRID, once borrowers receive the Loan Estimate (LE), with its loan terms and estimated costs from the lender-including appraisal fees, the appraiser cannot charge the borrower a higher fee than the initial estimate.

What is the Trid rule for appraisals? ›

Under the TRID rule, lenders are held to a good faith standard in disclosing fees and charges on the loan estimate. This good faith standard is measured by comparing what is disclosed on the loan estimate with what the consumer actually pays at consummation.

Is an appraisal fee increase a valid change of circ*mstance? ›

As for the appraisal, there would have to be a reason for the appraisal cost to have increased in order for it to be a changed circ*mstance.

Do appraisers know loan amount? ›

In most cases, appraisers do not know the loan amount when conducting a home appraisal. The loan amount is different from the agreed upon sales price. Appraisers most likely know the sales price because the standard appraisal forms require the appraiser to enter that information.

What is Trid and how does it affect the real estate industry? ›

TRID is an acronym that stands for TILA-RESPA Integrated Disclosures. It combines two federal laws, the Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA). Both protect borrowers by requiring lenders to disclose key information about mortgage loans within mandatory timelines.

What does the Trid rule not apply to? ›

The TRID Rule applies to most types of mortgage loans. Mortgage loans to which the TRID Rule does not apply include HELOCs, reverse mortgage loans, or mortgage loans secured by a mobile home or dwelling that is not attached to real property.

What is a set of standards appraisers must follow if applicable? ›

The USPAP includes five rules that appraisers must follow. These rules are the Ethics Rule, the Record-keeping Rule, the Competency Rule, the Scope of Work Rule, and the Jurisdictional Exception Rule.

How do appraisers adjust for condition? ›

Adjustments are calculated by multiplying an adjustment factor times the quantity difference between the subject and comparable. For example, if the GLA for the subject is 2200 sq ft and for a comparable, 2000 sq ft, the difference, 200 sq ft would be multiplied by the adjustment factor.

What is a valid change of circ*mstance under TRID? ›

“Changed circ*mstance” is a term defined in Regulation Z to include three scenarios: (1) an extraordinary event beyond any party's control, such as a natural disaster; (2) when the lender relied on specific information to complete the disclosure and that information later becomes inaccurate or changes after the ...

Does the condition of a house affect the appraisal? ›

The age, condition, and the local market of the property are also included in the appraisal. Generally, newer and well-maintained homes tend to receive a higher appraisal value. However, this is not always the case, especially in areas where houses are typically older and historic.

What happens if a house is appraised for more than the asking price? ›

If a home is appraised to be higher than the asking price, the lender will only issue a mortgage for the appraisal amount. This leaves the borrower to either cover the remaining cost on their own or return to searching for a home with a listed price that matches the appraised value.

Can a seller back out if an appraisal is higher than an offer? ›

Can the seller back out if your appraisal is high? Realistically, the answer is “no.” For one, they accepted your offer and would be breaching the sales contract if they wanted to put the house back on the market to capture a higher price.

Why does an appraiser get a copy of the contract? ›

The appraiser looks at the terms of the sales contract and compares them with what is typical in the market. The sales contract has information such as the interest rate, the down payment amount, seller contributions or other personal property items that might be included in the sale.

What is the trid 3 day rule? ›

The rule says the borrower must receive the CD three business days before the closing. So, in this scenario if the borrower acknowledged receipt of the CD on a Thursday, three business would mean the closing could take place on Monday.

What is the importance of Trid? ›

TRID inform consumers applying for a mortgage and defines compliance rules for lenders with two documents. These documents are: The loan estimate, which informs the borrower of important information such as the interest rate, monthly payment, and closing costs before they make the decision to enter into the loan.

What is the 7 day closing rule? ›

7 Days from Initial Disclosure –

Mortgage Closing Waiting Period. The Rule prohibits the lender and consumer from closing or settling on the mortgage loan transaction until 7 business days after the delivery or mailing of the TILA disclosures, including the Good Faith Estimate and disclosure of the final APR.

What is the competency rule for appraisals? ›

When you're offered an assignment, weigh your competence against the task to ensure you can perform the appraisal review properly. Per the USPAP Competency Rule, “an appraiser must determine, prior to agreeing to perform an assignment, that he or she can perform the assignment competently.”

What are the rule of performance appraisal? ›

Focus on performance, not personalities. Examine valid, concrete issues, not subjective emotions or feelings • Judge results achieved. Start with a phrase that accurately describes the employee. Add the employee's name and substantiating information to the phrase.

What is the 4321 rule in appraisal? ›

4-3-2-1 Rule - Rule that states that the first 25% of depth represents 40% of the value; the second 25%, 30% of the values; the third 25%, 20% of the value; and the final 25%, 10% of the value.

What is the ECOA 3 day appraisal rule? ›

Under the ECOA Valuations Rule: When you receive an applicant's application, you have three business days to notify the applicant of the right to receive a copy of appraisals. You must promptly share copies of appraisals and other written valuations with the applicant.

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