Usually, individuals applying for a loan
are only interested in obtaining the loan and, unfortunately, are not
worried about the prudence of buying the property at the agreed price.
In fact, many purchasers will try to encourage appraisers to increase
the appraised value so that they can purchase the home regardless of its
value.
The majority of real estate appraisals
are requested by mortgage companies to validate the property's purchase
price for loan purposes. Except for periods of very low interest rates
when everyone is refinancing, most loans are for the purchase of real
estate and ordered after a sale price is negotiated. Purchasers
mistakenly assume that mortgage companies are looking after their
interests in the purchase transaction.
The law states that if the mortgage
company orders the appraisal, the appraiser is responsible only to the
mortgage company. We expect mortgage companies to be prudent and they
should be, but being prudent is protecting their interest, not
necessarily the purchaser's. The mortgage company's position:
- It
has two sources of repayment: the purchaser's income and the
property.
- The
responsibility to repay the loan is not based upon the property's
value, so the purchaser is obligated to pay the note even if the
property value declines to zero.
- The
loan may be insured or guaranteed by a government agency.
- The
government does not promise to pay the purchaser's debt if the
property value is wrong.
- If
the loan is greater than 80% of the value, a portion of the loan may
be insured by a private mortgage insurer.
- There
is no decrease in risk for the purchaser regardless of the
loan-to-value ratio. The investment by the purchaser is the same, a
mixture of personal cash and a loan that must be repaid.
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