Tag: FIRREA

When a credit officer orders a commercial appraisal for lending, the report has two jobs. It has to support the loan decision, and it has to hold up when an examiner pulls the file. Most of what banks require comes from one set of federal rules and the guidance built on them. So it pays to know where loan files usually come up short.

What a Commercial Appraisal for Lending Has to Meet

The rules trace back to Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, better known as FIRREA. Title XI requires each federal banking agency to set appraisal standards for the institutions it oversees. So when a banker asks for a FIRREA appraisal, they mean a report that meets those agency rules.

Each agency publishes its own version. The OCC’s sits in 12 CFR Part 34, Subpart C, and it sets a clear minimum. The appraisal must follow USPAP, unless safe and sound banking calls for a stricter standard. It must be in writing, with enough analysis to support the decision to make the loan. It must also use the regulation’s definition of market value.

The same rule asks for deductions and discounts where they apply. That covers proposed construction or renovation, partially leased buildings, and leases written below market. Finally, a state licensed or certified appraiser has to do the work. But a credential alone does not prove competency, according to the rule. Experience with the property type counts too.

When an Evaluation Will Do and When It Won’t

Not every loan needs a full appraisal. The rule exempts several kinds of transactions, and three thresholds come up most often.

• Commercial real estate transactions with a transaction value of $500,000 or less.
• Business loans of $1 million or less, if repayment does not depend mainly on real estate sales or rental income.
• Residential transactions with a transaction value of $400,000 or less.

For a loan, transaction value means the loan amount, not the property’s value. And an exempt loan still needs an evaluation of the collateral. The agencies raised the commercial threshold from $250,000 to $500,000 in 2018. Keep that in mind, because the interagency guidance still quotes the older figure.

There is a line on the other end, too. Once the transaction value reaches $1 million, the rule calls for a state certified appraiser.

Consider two hypothetical loans. A $450,000 loan on a small retail building falls under the commercial threshold, so an evaluation would satisfy the rule. A $1.2 million loan on the same kind of building needs a full appraisal by a certified appraiser. Still, an exemption only sets the minimum. The guidance says lenders should consider an appraisal for higher-risk deals even when an exemption applies.

An evaluation still needs substance. The guidance expects it to describe the property and its use, estimate market value as of an effective date, and explain how condition was confirmed. It should also name its sources and, when a person prepares it, identify that person.

Appraisal Independence Starts With Who Orders the Report

The lender or its agent has to engage a fee appraiser directly. The appraiser can have no interest in the property or the deal. Staff appraisers, in turn, have to stay independent of lending, investment, and collection.

The Interagency Appraisal and Evaluation Guidelines go further. If a bank uses an appraisal the borrower ordered or provided, it violates the agencies’ rules. Independence also suffers when the borrower recommends the appraiser, or when loan production staff pick one for a deal.

That does not mean the appraiser works in silence. A lender may share the sales contract on a purchase. It may also ask the appraiser to consider more information about the property or the comps, and to fix factual errors. What it can’t do is push the appraiser, directly or indirectly, toward a number.

Engagement letters belong in the same conversation. The guidance says lenders should use written engagement letters, and work should not start until the appraiser is engaged. A good letter states the intended use and the property interest. It also says whether you need an as is value alone, or prospective values upon completion or stabilization as well.

Using an Appraisal Another Bank Ordered

Participations and loan transfers raise a common question. Can you rely on an appraisal another lender ordered? Under the rule, yes, if another financial services institution engaged the appraiser directly. The appraiser also must have had no interest in the property or the transaction.

Even then, the receiving bank has to review the report as closely as it would its own and document that review. It should also confirm the original lender, not the borrower, ordered it. And it must not accept a report altered to hide the original client.

What Credit Review Should Check Before Committee

Every appraisal used for lending needs a review for USPAP compliance. Reviewers should be independent of the transaction and shielded from loan production staff. A reviewer cannot change the value the original appraiser reached. But a qualified reviewer can develop a second opinion of market value through a USPAP review. In practice, these are the points worth checking first.

• The approaches. The appraisal has to include each approach that applies and explain any it leaves out. Our guide to the three approaches to value shows how each one works.
• The income support. On income property, trace the net operating income back to the rent roll and the cap rate back to market evidence.
• The value premise. For construction loans, banks generally ask for the as is value, plus prospective values if the deal calls for them. Those should rest on current and reasonably expected market conditions.
• The leases. Vacancy in a partially leased building and leases below market should show up as deductions where they apply.

Those details feed straight into loan sizing. Take a hypothetical building appraised at $2.8 million from $196,000 of net operating income at a 7 percent cap rate. A $1.96 million loan sits at 70 percent loan-to-value. If the market supports 8 percent instead, the same income points to $2.45 million. Then that loan runs at 80 percent of value.

What Borrowers Can Do to Keep the Appraisal Moving

If you own the property or are buying it, you can’t hire the bank’s appraiser. But you can make the assignment faster and cleaner.

• Tell your lender early if a recent appraisal exists. The guidance lets a borrower point the bank to it, so the bank can request it directly from the lender that ordered it.
• Have current leases, a rent roll, and two or three years of operating statements ready before the inspection.
• Pull together the survey, any environmental reports, and a list of recent capital work with costs.
• Plan for access to tenant spaces, the roof, and mechanical rooms.

Questions about value should go through your loan officer, not to the appraiser. Also ask the lender early about timing and whether you will get a copy of the report. Practices vary from bank to bank, and knowing up front keeps the closing date realistic.

Most Lending Appraisal Problems Start at the Order

A borrower-supplied report or a vague engagement letter causes more trouble than any single comp. Get the order right, and the review tends to go faster. This article summarizes the federal rules in plain terms. How your institution applies them is a question for your compliance team and counsel.

Commercial Appraisals Built for Credit Review

Lenders, owners, and their advisors bring commercial assignments to PahRoo Appraisal & Consultancy across Chicago and Cook County, Dallas-Fort Worth, Philadelphia, Phoenix, and Naples. Our commercial appraisal services page lists the property types we cover. For Chicago-area loans, our Chicago appraisal services page explains how to place an order.