CFPB relaxes real estate appraisal requirements

The Consumer Financial Protection Bureau issued an interim final rule to temporarily defer real estate-related appraisals and evaluations under interagency appraisal regulations.

The Consumer Financial Protection Bureau issued an interim final rule to temporarily defer real estate-related appraisals and evaluations under interagency appraisal regulations. It was issued in conjunction with the Federal Reserve Board, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency.

The rule will allow regulated institutions to extend financing to creditworthy households and businesses quickly in the wake of the national emergency declared in connection with COVID-19.

The agencies are deferring certain appraisals and evaluations for up to 120 days after closing of residential or commercial real estate loan transactions. Transactions involving acquisition, development, and construction of real estate are excluded from this interim rule. These temporary provisions will expire on December 31, 2020, unless extended by the federal banking agencies.

The National Credit Union Administration will consider a similar proposal on Thursday, April 16.

In addition, the federal banking agencies, NCUA and CFPB, in consultation with the Conference of State Bank Supervisors, issued a joint statement to address challenges relating to appraisals and evaluations for real estate-related financial transactions affected by COVID-19.

The statement outlines other flexibilities in industry appraisal standards — including the use of exterior- and desktop-only inspections — and in the agencies’ appraisal regulations and describes temporary changes to Fannie Mae and Freddie Mac appraisal standards that can assist lenders during this challenging time. 

The agencies will continue to communicate with the industry, as appropriate, as this situation evolves.

Fredrikson & Byron Law