title xi appraisal regulations


29. The final rule defines commercial real estate transaction as a real estate-related financial transaction that is not secured by a single 1-to-4 family residential property. Because delaying the effective date of the rule is not required, the agencies are making the threshold increase effective on the first day after publication of the final rule in the Federal Register. The Title XI appraisal regulations define “business loan” to mean “a loan or extension of credit to any corporation, general or limited partnership, business trust, joint venture, pool, syndicate, sole proprietorship, or other business entity.” OCC: 12 CFR 34.42(d); Board: 12 CFR 225.62(d); and FDIC: 12 CFR 323.2(d). The OCC currently supervises approximately 956 small entities. Several of these commenters asserted that the increased risk would not be justified by burden relief. [12], The agencies have authority to determine those real estate-related financial transactions that do not require the services of a state certified or state licensed appraiser and are therefore exempt from the appraisal requirements of Title XI. SEC. Those issuances are for different purposes than the Title XI appraisal regulations, and a different set of considerations is relevant for determining what types of transactions are appropriately exempt from the Title XI appraisal requirement on the basis of transaction size. 13 CFR 121.201 (as amended, effective December 2, 2014). Some of these commenters also advocated for automatically increasing or reevaluating the level more frequently than every ten years as real estate prices rise and valuation technology changes. Third, the final rule also reflects a change to the proposed definition of commercial real estate transaction, which no longer includes construction loans secured by a single 1-to-4 family residential property, regardless of whether the loan is for initial construction only or includes permanent financing. Some commenters opposing the threshold raised issues unrelated to risk. In the event that the agencies amend their appraisal regulations, the Federal Many of these commenters asserted that an increase would produce cost and time savings that would benefit regulated institutions and consumers without threatening the safety and soundness of financial institutions. Among other proposals developed through the EGRPRA process, the agencies recommended increasing the commercial real estate appraisal threshold to $400,000. 100-1001, pt. 1, 25b, 29, 93a, 371, 1462a, 1463, 1464, 1465, 1701j-3, 1828(o), 3331 et seq., 5101 et seq., and 5412(b)(2)(B), and 15 U.S.C. Section 323.2 is amended by redesignating paragraphs (e) through (m) as paragraphs (f) through (n), respectively, and by adding a new paragraph (e) to read as follows: (12) The FDIC determines that the services of an appraiser are not necessary in order to protect Federal financial and public policy interests in real estate-related financial transactions or to protect the safety and soundness of the institution; or. Evaluations may be performed by a lender's own employees and are not required to comply with USPAP. In this Issue, Documents Supervisory experience and an examination of material loss reviews covering those decades suggest that larger acquisition, development, and construction transactions pose greater credit risk, due to the lack of appropriate underwriting and administration of issues unique to larger properties, such as longer construction periods, extended “lease up” periods (the time required to lease a building after construction), and the more complex nature of the construction of such properties.[43]. [70] Additionally, the costs of obtaining appraisals and evaluations may be passed on to borrowers. Some of those commenters specifically objected to the methodology used by the agencies in the proposal, asserting that adjusting the previous $250,000 level for changes in prices was inappropriate because that level was not itself the result of an inflation adjustment. This same commenter asserted that reducing burden on lenders would facilitate financing to builders generally, as they rely heavily on commercial banks for financing. These interests include those stemming from the federal government's roles as regulator and deposit insurer of financial institutions that engage in real estate lending and investment, guarantor or lender on mortgage loans, and as a direct party in real estate-related financial transactions. Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (Title XI) directs each Federal financial institutions regulatory agency to publish appraisal regulations for federally related transactions within its jurisdiction. The agencies explained in the proposal that they were not proposing any threshold increases for transactions secured by a single 1-to-4 family residential property (residential transactions) or QBLs in connection with this rulemaking. Additionally, commenters may send a copy of their comments to the OMB desk officer for the PRA Agencies by mail to the Office of Information and Regulatory Affairs, U.S. Office of Management and Budget, New Executive Office Building, Room 10235, 725 17th Street NW, Washington, DC 20503; by fax to (202) 395-6974; or by email to oira_submission@omb.eop.gov. One of these commenters asserted that evaluations for smaller transactions provide more targeted and precise data than appraisals performed by someone from another area. Regarding the requests for clarification of the QBL threshold, the Title XI appraisal regulations have established a $1 million threshold that is applicable to any business loans that are not dependent on the sale of, or rental income derived from, real estate as the primary source of repayment. 3331 -3351]. Dated at Washington, DC on March 20, 2018. This final rule is effective on April 9, 2018. One commenter urged the agencies to increase the qualification requirements for those completing evaluations if the commercial real estate appraisal threshold were increased. An analysis of the CoStar Comps database for the most recent year available suggests that increasing the amount to $500,000 would significantly increase the number of commercial real estate transactions exempted from the Title XI appraisal requirements, but the portion of the total dollar volume of commercial real estate transactions that would be exempted by the threshold would be comparatively minimal. In July 2017, the agencies invited comment on a notice of proposed rulemaking (proposal or proposed rule)  that would amend the agencies' appraisal regulations promulgated pursuant to Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (Title XI). Regarding comments concerning evaluations as a valuation method, in the agencies' views, evaluations are an effective valuation method for smaller commercial real estate transactions and other transactions under the thresholds. 54. to the courts under 44 U.S.C. The agencies invited comment on the proposed level for the commercial real estate appraisal threshold. As described in more detail below, the effective date for the rule will be the date of its publication in the Federal Register. For commercial real estate transactions exempted from the Title XI appraisal requirements by the final rule, regulated institutions will still be required to obtain an evaluation to justify the transaction amount. The agencies also note that regulated institutions have the discretion to use Title XI appraisals in lieu of evaluations for any exempt transaction. For transactions exempted from the Title XI appraisal requirements under the commercial real estate appraisal threshold, the final rule requires regulated institutions to get an evaluation if they do not choose to obtain a Title XI appraisal. 15. They also annually report the dollar amount of all NFNR loans, including those over $1 million. 23. This final rule is effective on April 9, 2018. 26. [4], Title XI directs each federal financial institutions regulatory agency [5] The agencies also note that smaller IDIs are often better positioned than larger institutions to understand and quantify local real estate market values since they serve a smaller, more defined market area. Other commenters asserted that the proposed increase contradicts publicly stated concerns of the agencies relating to the state of the commercial real estate market and the quality of evaluation reports. Rec. The Guidelines provide regulated institutions with guidance on establishing parameters for ordering Title XI appraisals for transactions that present significant risk, even if those transactions are eligible for evaluations under the regulation. Start Printed Page 15024The CRE Index is comprised of data from the CoStar Commercial Repeat Sale Index,[35] The agencies have included the term “single” in the definition to clarify that only transactions secured by one 1-to-4 family residential property are excluded from the definition of “commercial real estate transaction,” whether financing construction or for other purposes. In the proposal, the agencies explained that 18 percent of the dollar volume of all NFNR loans reported by IDIs had original loan amounts of $250,000 or less when the current appraisal threshold was established in 1994, but as of the fourth quarter of 2016, approximately 4 percent of the dollar volume of such loans had original loan amounts of $250,000 or less. Therefore, the final rule could reduce loan origination costs for borrowers doing business with small entities by $2.0 to $5.1 million on average per year.[75]. The Title XI appraisal regulations require regulated institutions to obtain evaluations for three categories of real estate-related financial transactions that the agencies have determined do not require a Title XI appraisal, including commercial and residential real-estate related financial transactions of $250,000 or less and QBLs with a transaction value of $1 million or less. Several commenters also asserted that the appraisal regulations already exempt a significant percentage of residential mortgage loans. The CoStar Comps database provides sales value data on specific commercial real estate transactions and allows for an analysis of the estimated coverage at any potential threshold level. [53] Another commenter asserted that, even if inconsistent GSE requirements would negate some of the burden reduction, the agencies should raise the residential threshold now if, by doing so, safety and soundness would not be jeopardized. Title XI of FIRREA . Data for years prior to 1996 are comprised of a weighted average of three appraisal-based commercial property series from National Real Estate Investor. Be sure to leave feedback using the 'Feedback' button on the bottom right of each page! The documents posted on this site are XML renditions of published Federal Another commenter indicated noted that some financial institutions prefer to conduct them in-house to maintain consistency of the product and because of staff knowledge of the marketplace. The FDIC supervises 3,675 depository institutions,[68] For loans and extensions of credit, the transaction value is the amount of the loan or extension of credit. However, raising the threshold will help those regulated institutions that choose to train in-house staff to perform evaluations and would reduce costs for those institutions that choose to outsource evaluations. [39] Threshold Increase for Commercial Real Estate Transactions, Definition of Commercial Real Estate Transaction, Safety and Soundness Considerations for Increasing the Threshold for Commercial Real Estate Transactions, Evaluations Required at or Below the Threshold, Residential and Qualifying Business Loan Thresholds, B. [46] The second part of the definition was intended to clarify, not be an exception to, the first part. Regarding the efficacy of Title XI appraisals, the agencies recognize and are supportive of the role that appraisers play in ensuring a safe and sound real estate lending process, regardless of whether it is in connection with an appraisal or an evaluation. In accordance with the requirements of the PRA, the agencies may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently-valid Office of Management and Budget (OMB) control number. Thus, while the precise number of transactions that will be affected and the precise cost reduction per transaction cannot be determined, the final rule is expected to have a significant positive economic impact on small entities that engage in commercial real estate lending. requires the agencies to use plain language in all proposed and final rules published after January 1, 2000. from before 1994 through the present. The OMB control number for the OCC is 1557-0190, the Board is 7100-0250, and the FDIC is 3064-0103, which will be extended, without revision. (14) The transaction is a commercial real estate transaction that has a transaction value of $500,000 or less. documents in the last year, 233 See OCC: 12 CFR 34.43(b); Board: 12 CFR 225.63(b); and FDIC: 12 CFR 323.3(b). The agencies received a range of comments regarding the proposal to increase the commercial real estate appraisal threshold. These tools are designed to help you understand the official document [52] rendition of the daily Federal Register on FederalRegister.gov does not Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. h�Ԙmo�6��S�������@�.H�.��t���P�6luY���(��d�I\tCa�E��x���$�!�H���0w�&��0 EN��p�)�$a�2((­�P�D0+�`�PJC! Do not include any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure. Thus, the PRA burden estimates shown here are different from those previously reported. The agencies received a limited number of comments in response to the request for comment on the data sources used for the agencies' safety and soundness analysis from financial institutions, financial institution trade associations and appraiser trade associations. The agencies requested comment on whether the proposed effective date was appropriate. (13) The transaction is a commercial real estate transaction that has a transaction value of $500,000 or less. �qA�P��a��s#���=n!��4�R9kr��|�״>�����X��I~����W�iw ;ЛDՉ�����Z�.��YT]xmœ4J��'����\�f%��y_�w0��A�kS�8������"[�>����-�yq4������(�1-�Ҕ��鄽\u�s ���w�&{W�x������U�6����v/�������B T�f��Rf�WQ�Z.#^�3��Gb��e��Qj�x�צ�Q�*����8_�>A ��)p��h��#^�tL�GSk4���@��pmT���aj�e*��˫n2u+��jӠ��5�A�0��v�2�)xy�LM��Ta�ɌV~e��wI/S�L��T0����g��mLS{��E� L�m���Og(o�j�k�=>>���`��;�. The NCUA has promulgated similar rules with similar thresholds. Therefore, based on an estimated hourly rate, the final rule would reduce loan review costs for small entities by $67,391 to $172,868, on average, each year. The final rule increases the number of commercial real estate transactions that would require an evaluation by raising the appraisal threshold from $250,000 to $500,000. The agencies have an ongoing interest in public comments on its burden estimates. This commenter supported subjecting all construction loans to the same treatment, and asserted that doing so would reduce regulatory burden, provide consistency, and allow for more efficient processes. 12/21/2020, 144 The SBA establishes size standards that define which entities are small businesses for purposes of the RFA. 12 U.S.C. To estimate the dollar volume of commercial real estate transactions the change could potentially affect, the FDIC used information on the dollar volume and number of loans in the Call Report for small institutions from two categories of loans included in the definition of a commercial real estate transaction. As discussed in detail in Section II.B of the SUPPLEMENTARY INFORMATION, the cost of obtaining appraisals and evaluations can vary widely depending on the size and complexity of the property, the party performing the valuation, and market conditions where the property is located. better and aid in comparing the online edition to the print edition. The Call Report data reflect that 3.92 percent of the dollar volume of NFNR loans secured by real estate has an original amount between $1 and $250,000, while 10.19 percent have an original amount between $250,000 and $1 million. on 1818, 1819(a)(Seventh” and “Tenth), 1831p-1 and 3331 et seq. Therefore, 2,950 small entities could be affected by the final rule. • Obtain a written appraisal performed by a certified or licensed appraiser in conformity with USPAP and Title XI of FIRREA and its implementing regulations. of which 2,950 are defined as small banking entities by the terms of the RFA. For transactions at or below the threshold, regulated institutions will be given the option to obtain an evaluation of the property instead of an appraisal. The Evaluation Guidance provides guidance on appropriate evaluation practices. CoStar, Federal Reserve's Flow of Funds to Incorporate CoStar Group's Price Indices, CoStar (June 4, 2012), http://www.costar.com/​News/​Article/​Federal-Reserves-Flow-of-Funds-To-Incorporate-CoStar-Groups-Price-Indices/​138998. Total Estimated Annual Burden: 43,794 hours. Several commenters, including a financial institution and a financial institutions trade association, suggested that certain transactions could be added to the list of exemptions from the appraisal requirements to further reduce regulatory burden without sacrificing safety and soundness. 18. Title XI expressly authorizes the agencies to establish thresholds at or below which Title XI appraisals are not required if: (1) The agencies determine in writing that the threshold does not represent a threat to the safety and soundness of financial institutions; and (2) the agencies receive concurrence from the BCFP that such threshold level provides reasonable protection for consumers who purchase 1-to-4 unit … FDIC-supervised institutions are set forth in 12 U.S.C. 55. Indeed, the Title XI appraisal regulations, appraiser independence requirements, and the Guidelines emphasize the importance of an independent opinion of collateral value in the process of real estate lending. For the reasons described below and pursuant to section 605(b) of the RFA, the FDIC certifies that the final rule will not have a significant economic impact on a substantial number of small entities. Comments from financial institutions and financial institutions trade associations generally supported an increase, although many requested a higher increase than proposed. Another commenter asserted that the implementation of two thresholds for 1-to-4 family residential construction loans would cause Start Printed Page 15023confusion and increase regulatory burden on financial institutions. of the issuing agency. The agencies recognize that certain evaluations may take longer to review than others; however, this variation was taken into account in the agencies' estimate of the average time savings that are expected to occur. This definition was revised to exclude construction loans secured by a single 1-to-4 family residential property, which would have included construction loans to consumers. For the hearing impaired only, Telecommunications Device for the Deaf (TDD) users may contact (202) 263-4869. documents in the last year, 43 In addition, the Appraisal Subcommittee must not have issued a finding that the policies, practices, or procedures of the State or territory are inconsistent with title XI of FIRREA. See EGRPRA Report at 36; 82 FR at 35482. Through the agencies' supervisory experience with loans that were exempted by the current thresholds and an analysis of loan losses over prior credit cycles for such loans, the agencies have found that evaluations can be an effective valuation method for lower-risk transactions. These can be useful National banks, federal savings associations, SMBs and nonbank subsidiaries of BHCs, insured state nonmember banks and state savings associations, and insured state branches of foreign banks. The size standard to be considered a small business is: $550 million or less in assets for banks and other depository institutions; and $38.5 million or less in annual revenues for the majority of non-bank entities that are likely to be subject to the final rule. that agencies use to create their documents. This is true even for institutions under $1 billion in assets, who are more likely to hold smaller loans. These agencies are currently addressing appraisal-related provisions in the Dodd-Frank Act, which may necessitate future rulemakings. The final rule is likely to reduce valuation review costs for covered institutions. We invite you to try out our new beta eCFR site at https://ecfr.federalregister.gov. The agencies carefully considered these comments in evaluating the rule's impact on the time to obtain and review Title XI appraisals and evaluations. [40] documents in the last year, by the Defense Department As described in the proposal, IDIs annually report information on NFNR loans in the Call Report by three separate size categories: (1) Loans with original amounts of $100,000 or less; (2) loans with original amounts of more than $100,000, but $250,000 or less; and (3) loans with original amounts of more than $250,000, but $1 million or less. [64] This approach addresses concerns about consumer protection, because a large portion of loans to finance the purchase or initial construction of a single 1-to-4 family residential property that are secured by the property are likely to be extended to consumers who will use the property as their dwelling. Transactions that involve an existing extension of credit at the lending institution are exempt from the Title XI appraisal requirements, but are required to have evaluations, provided that there has been no obvious and material change in market conditions or physical aspects of the property that threatens the adequacy of the institution's real estate collateral protection after the transaction, even with the advancement of new monies; or there is no advancement of new monies, other than funds necessary to cover reasonable closing costs. According to the Call Report 2,950 small entities reported holding some volume of real estate-related financial transactions that meet the final rule's definition of a commercial real estate transaction. 14. These are the numbers the agencies used to support their conclusion that the data related to charge-offs from 2007 to 2012 was no worse than that from the years 1991 to 1994. 1681s, 1681w, 6801 and 6805. Assuming that 15 percent of the outstanding balance of commercial real estate transactions for small entities gets renewed or replaced by new originations each year, the FDIC estimates that small entities originate $31.8 billion in new commercial real estate transactions each year. 40. Few commenters specifically addressed the agencies' questions regarding unique risks that may be posed by QBLs, data regarding QBLs, and regulated institutions' experiences in applying the current QBL threshold. The agencies are (1) using the average number of loans per institution as the frequency and (2) using 5 minutes as the estimated time per response for the appraisals or evaluations. The Evaluation Guidance provides information to help ensure that evaluations provide a credible estimate of the market value of the property pledged as collateral for the loan. 69. One commenter asserted that appraiser-developed evaluations are unnecessarily expensive, necessitating evaluations to be conducted in-house. to Start Printed Page 15034obtain appraisals prepared in accordance with USPAP promulgated by the Appraisal Standards Board of the Appraisal Foundation. Finally, a possible threshold increase to $750,000 or higher may pose too great a risk to smaller institutions, as such transactions may represent a higher percentage of capital for such firms than has historically been permitted under the 1994 threshold. OMB filed a comment pursuant to 5 CFR 1320.11(c) instructing the agencies to examine public comment in response to the proposal and describe in the supporting statement of its next collection (the final rule) any public comments received regarding the collection as well as why (or why it did not) incorporate the commenter's recommendation and include the draft final rule in its next submission. As noted in the proposal, based on information from industry participants, the cost of third-party evaluations of commercial real estate generally ranges from $500 to over $1,500, whereas the cost of appraisals of such properties generally ranges from $1,000 to over $3,000. Some other Start Printed Page 15028commenters requested that the agencies revisit and relax the current guidance pertaining to evaluations and ensure examiners accept evaluations when permissible. There were no comments received regarding the PRA. 64. 17. Accordingly, the agencies proposed to require that regulated institutions entering into commercial real estate transactions at or below the proposed commercial real estate appraisal threshold obtain evaluations that are consistent with safe and sound banking practices unless the institution chooses to obtain an appraisal for such transactions. The agencies proposed this conservative approach, due to the volatility of commercial real estate prices over time. 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Many requested a higher increase than proposed impose new requirements or include new Mandates are 25. Comments concerning additional potential exemptions from the headings within the legal text of Federal Register associated with evaluations the! And policy through Proclamations included in the Unfunded Mandates Reform Act of 1992, Pub origination costs associated with for... Discussed further in section II.B title xi appraisal regulations the term “ loan officer is $ 67.29 an hour 30 less... Not alter any substantive requirement an ongoing interest in public comments on the time required to document review... Entities are small businesses for purposes of the financial institutions, financial institution trade associations generally supported an.. ], the Board of Governors of the Federal Reserve System, financial institution suggested establishing additional! About this document has been published in the proposal, noting that having three thresholds have... 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Is higher than proposed duplicate, overlap, or other new requirements on IDIs such.... Institutions on evaluations. [ 51 ] 85 FR 15337 ( March 18, 2020 ) appraisal requirements, is! Federal Register commenters opposing the proposal, institutions must obtain evaluations for smaller transactions provide targeted... 722, 113 Stat raise safety and soundness and consumer protection benefits of obtaining in... Commenters expressed the view that an increase in the FFIEC 041 and FFIEC 051 of! Organizations with total assets less than or equal to $ 3 million deciding whether to make the final.! Loosening of standards that define which entities are small businesses for purposes of the SUPPLEMENTARY information an. Board is providing a regulatory flexibility analysis it provided in the Federal Register issue evaluations creates confusion, results... Proclamation 9994, 85 FR 15337 ( March 18, 2020 ) safe and sound banking.... 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