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12 U.S.C. § 3353 — Appraisal management company minimum requirements

Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 3353 — Appraisal management company minimum requirements

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Source file: Laws/federal/codes/united-states-code/title-12/section-3353-appraisal-management-company-minimum-requirements--65e56596cd.md
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Source location: Title 12, Chapter 34A, § 3353; chapter-34a-appraisal-subcommittee-of-federal-financial-institutions-examination-council.md

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**(a) In general** The Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the National Credit Union Administration Board, the Federal Housing Finance Agency, and the Bureau of Consumer Financial Protection shall jointly, by rule, establish minimum requirements to be applied by a State in the registration of appraisal management companies. Such requirements shall include a requirement that such companies— (1) register with and be subject to supervision by a State appraiser certifying and licensing agency in each State in which such company operates; (2) verify that only licensed or certified appraisers are used for federally related transactions; (3) require that appraisals coordinated by an appraisal management company comply with the Uniform Standards of Professional Appraisal Practice; and (4) require that appraisals are conducted independently and free from inappropriate influence and coercion pursuant to the appraisal independence standards established under [section 1639e of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1639e&num=0&edition=prelim). **(b) Relation to State law** Nothing in this section shall be construed to prevent States from establishing requirements in addition to any rules promulgated under subsection (a). **(c) Federally regulated financial institutions** The requirements of subsection (a) shall apply to an appraisal management company that is a subsidiary owned and controlled by a financial institution and regulated by a Federal financial institution regulatory agency. An appraisal management company that is a subsidiary owned and controlled by a financial institution regulated by a Federal financial institution regulatory agency shall not be required to register with a State. **(d) Registration limitations** An appraisal management company shall not be registered by a State or included on the national registry if such company, in whole or in part, directly or indirectly, is owned by any person who has had an appraiser license or certificate refused, denied, cancelled, surrendered in lieu of revocation, or revoked in any State. Additionally, each person that owns more than 10 percent of an appraisal management company shall be of good moral character, as determined by the State appraiser certifying and licensing agency, and shall submit to a background investigation carried out by the State appraiser certifying and licensing agency. **(e) Reporting** The Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the National Credit Union Administration Board, the Federal Housing Finance Agency, and the Bureau of Consumer Financial Protection shall jointly promulgate regulations for the reporting of the activities of appraisal management companies to the Appraisal Subcommittee in determining the payment of the annual registry fee. **(f) Effective date** (1) **In general** — No appraisal management company may perform services related to a federally related transaction in a State after the date that is 36 months after the date on which the regulations required to be prescribed under subsection (a) are prescribed in final form unless such company is registered with such State or subject to oversight by a Federal financial institutions regulatory agency. (2) **Extension of effective date** — Subject to the approval of the Council, the Appraisal Subcommittee may extend by an additional 12 months the requirements for the registration and supervision of appraisal management companies if it makes a written finding that a State has made substantial progress in establishing a State appraisal management company registration and supervision system that appears to conform with the provisions of this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1601 — Congressional findings and declaration of purpose

**(a) Informed use of credit** The Congress finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices. **(b) Terms of personal property leases** The Congress also finds that there has been a recent trend toward leasing automobiles and other durable goods for consumer use as an alternative to installment credit sales and that these leases have been offered without adequate cost disclosures. It is the purpose of this subchapter to assure a meaningful disclosure of the terms of leases of personal property for personal, family, or household purposes so as to enable the lessee to compare more readily the various lease terms available to him, limit balloon payments in consumer leasing, enable comparison of lease terms with credit terms where appropriate, and to assure meaningful and accurate disclosures of lease terms in advertisements.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1639e — Appraisal independence requirements

**(a) In general** It shall be unlawful, in extending credit or in providing any services for a consumer credit transaction secured by the principal dwelling of the consumer, to engage in any act or practice that violates appraisal independence as described in or pursuant to regulations prescribed under this section. **(b) Appraisal independence** For purposes of subsection (a), acts or practices that violate appraisal independence shall include— (1) any appraisal of a property offered as security for repayment of the consumer credit transaction that is conducted in connection with such transaction in which a person with an interest in the underlying transaction compensates, coerces, extorts, colludes, instructs, induces, bribes, or intimidates a person, appraisal management company, firm, or other entity conducting or involved in an appraisal, or attempts, to compensate, coerce, extort, collude, instruct, induce, bribe, or intimidate such a person, for the purpose of causing the appraised value assigned, under the appraisal, to the property to be based on any factor other than the independent judgment of the appraiser; (2) mischaracterizing, or suborning any mischaracterization of, the appraised value of the property securing the extension of the credit; (3) seeking to influence an appraiser or otherwise to encourage a targeted value in order to facilitate the making or pricing of the transaction; and (4) withholding or threatening to withhold timely payment for an appraisal report or for appraisal services rendered when the appraisal report or services are provided for in accordance with the contract between the parties. **(c) Exceptions** The requirements of subsection (b) shall not be construed as prohibiting a mortgage lender, mortgage broker, mortgage banker

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 3353 — Appraisal management company min-

Page 1532 TITLE 12—BANKS AND BANKING § 3353 actions involving institutions for which the agency is the primary Federal regulator with re- spect to real property located within a disaster area if the agency— (1) makes the exception not later than 30 months after the date on which the President determines, pursuant to section 5170 of title 42, that a major disaster exists in the area; and (2) determines that the exception— (A) would facilitate recovery from the major disaster; and (B) is consistent with safety and sound- ness. (b) 3-year limit on exceptions Any exception made under this section shall expire not later than 3 years after the date of the determination referred to in subsection (a)(1). (c) Publication required Any Federal financial institutions regulatory agency shall publish in the Federal Register a statement that— (1) describes any exception made under this section; and (2) explains how the exception— (A) would facilitate recovery from the major disaster; and (B) is consistent with safety and sound- ness. (d) ‘‘Disaster area’’ defined For purposes of this section, the term ‘‘dis- aster area’’ means an area in which the Presi- dent, pursuant to section 5170 of title 42, has de- termined that a major disaster exists. (Pub. L. 101–73, title XI, § 1123, as added Pub. L. 102–485, § 2, Oct. 23, 1992, 106 Stat. 2771.) § 3353. Appraisal management company min- imum requirements (a) In general The Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Na- tional Credit Union Administration Board, the Federal Housing Finance Agency, and the Bu- reau of Consumer Financial Protection shall jointly, by rule, establish minimum require- ments to be applied by a Stat

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