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Letter to Regulators on AMC Indemnification Clauses

Letter to Regulators on AMC Indemnification Clauses

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Published by Frank Gregoire
NAR President, Ron Phipps, writes mortgage leaders and regulators to seek bar of AMC Indemnification Clauses
NAR President, Ron Phipps, writes mortgage leaders and regulators to seek bar of AMC Indemnification Clauses

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Categories:Types, Business/Law
Published by: Frank Gregoire on Aug 11, 2011
Copyright:Attribution Non-commercial

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07/10/2013

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Ron Phipps ABR, CRS, GRI, GREEN, e-PRO, SFR 2011 PresidentDale A. StintonChief Executive Officer
GOVERNMENT AFFAIRS DIVISION
 Jerry Giovaniello, Senior Vice PresidentGary Weaver, Vice President Joe Ventrone, Vice President Jamie Gregory, Deputy Chief Lobbyist500 New Jersey Ave., NW  Washington, DC 20001-2020Ph. 202-383-1194 Fax 202-3837580 www.REALTOR.org 
REALTOR 
®
is a registered collectivemembership mark which may be used only by real estate professionals who are members of theNATIONAL ASSOCIATION OF REALTORS
®
 and subscribe to its strict Code of Ethics.
 August 11, 2011 The Honorable Shaun DonovanSecretary of Housing and UrbanDevelopment Washington, DC 20410 The Honorable Eric K. ShinsekiSecretary of Veterans Affairs Washington, DC 20420 The Honorable Debbie MatzChairman, Federal FinancialInstitutions Examination CouncilNational Credit Union Administration1775 Duke Street Alexandria, VA 22314Ed DeMarco Acting DirectorFederal Housing Finance Agency 1700 G Street, NW 4th Floor Washington, DC 20552Dear Secretary Donovan, Secretary Shinseki, Chairman Matz, and Acting Director DeMarco:I am writing on behalf of the 1.1 million members of the National Associationof REALTORS
®
(NAR) to urge you to bar the use of indemnification clausesincreasingly being used by appraisal management companies (AMCs). Theseindemnification clauses are becoming more common in service contracts used toengage AMC appraisers. The National Association of REALTORS
®
 
is America’s largest trade association,including NAR’s f 
ive commercial real estate institutes and its societies andcouncils. REALTORS
®
are involved in all aspects of the residential andcommercial real estate industries and belong to one or more of some 1,400 localassociations or boards, and 54 state and territory associations of REALTORS
®
.NAR has approximately 30,000 appraiser members from across the country andapproximately 750 have earned our Residential Accredited Appraiser (RAA) andGeneral Accredited Appraiser (GAA) designations. Appraisers provide an independent and impartial analysis of the market, and acredible opinion of the value of real property. This analysis is a criticalcomponent of the mortgage transaction and, in recent months, has become thesubject of unnecessary pressure. The mounting use of indemnification clauses by 
 AMCs may be interfering with the appraiser’s independence and objectivity. In
many cases, appraisers are asked to sign contracts that include language toindemnify and hold harmless the AMC against any suit, threat, or claim on any  work product or service provided as part of the contract agreement. In someinstances, the appraiser is even required to indemnify the lender and the AMC foramounts equal to their costs in repurchasing a mortgage loan, regardless of any proof of culpability on the part of the appraiser. The AMC is free from any legalobligation and the appraiser bears all responsibility. As a result, some appraisersmay be less than objective in their analysis, which causes them to be moreconservative and report artificially lower values for real property.

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