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Steve McLinden, the Bankrate.com Real Estate AdviserInflated appraisal can leave homeowner deflated

Dear Real Estate Adviser,
I'm in the middle of trying to buy a condo. So far, two appraisals have been made. The first came back "inaccurate" and was $5,000 less than the second one. Why the disparity? How does this affect me as a buyer?
-- C.N.

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Dear C.N.,
It might be that the first appraisal was the more accurate of the two, but your bank would not accept it because a loan for that amount is less profitable.

And that sounds harsh. But it's becoming all too common as some lenders and agents pressure appraisers to overstate the value of a home so that they can make their numbers work a little better on a deal. Why is that? Well, if they don't, the deal doesn't get approved and they don't get their commissions!

Theoretically, it's in a lender's best fiscal interest to make sure that a loan it originates is based on an accurate appraisal -- and if the appraisal doesn't match the purchase offer, the buyer should have to come up with the difference between the two figures.

That just seems like common sense.

But often, that's not what's happening, particularly if the lender is selling the loan to the "secondary market," meaning another lending institution such as Freddie Mac or Fannie Mae or others. Hence, the originator has little incentive to care if the appraisal is really accurate, so what the heck -- the higher, the better.

Many in the industry say this type of thing has become so pervasive that it's now a tacitly accepted practice. A 2005 study by the nonpartisan public policy group, Demos, called "Home Insecurity: How Widespread Appraisal Fraud Puts Homeowners at Risk," shows that nearly half of all appraisers report some pressure from lender and broker communities to overstate values, and that appraisers who don't play this game are often blacklisted or go unpaid.

How does this scheme affect homeowners? Well, it causes them to borrow more money than the homes or condos are really worth, often putting them in a precarious upside-down position when they find they can't resell the place for enough to pay off their mortgages. That problem really gets compounded if a "correction" in home-sale values occurs in the market.

A more honest appraisal on these inflated properties down the road would probably assign them lower values and therefore diminish owner efforts to refinance them. In other words, it's usually just a matter of time before somebody is left holding the bag in these scenarios. And all too often -- surprise! -- it's the homeowner.

There is also a negative ripple impact visited on the investment community which is, in effect, holding mortgage debt that is secured by real estate that's worth less than represented. In other words, it's bad for everybody but the originators and brokers who pocketed the difference.

You probably don't want to risk scuttling your deal by making fraud allegations against your bank or the "independent" appraiser. It might well be that they are basing their appraisal-acceptance position on legitimate market factors. Sometimes, it's difficult for even the trained eye to tell. And that's why there is so much chicanery.

Meanwhile, trade and consumer groups are petitioning Congress to examine the problem and tighten up lending and appraisal guidelines. And I hope that happens.

But, if the condo you're looking at seems way out of line in price with comps, or records of similar units sold in your buying area, I'd really be suspicious and start shopping elsewhere for a different lender.

Good luck!

To ask a question of the Real Estate Adviser, go to the "Ask the Experts" page, and select "Buying, selling a home" as the topic.

Bankrate.com's corrections policy -- Posted: Feb. 25, 2006
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